Penalties

Art.21. Penalties that may be imposed. No felony shall be punishable by any penalty not prescribed by law prior to its commission. PENALTY suffering inflicted by the State for the transgression of a law. Different Juridical Conditions Of Penalty:

1. Must be productive of suffering, without however affecting the integrity of the human personality.

2. Must be commensurate with the offense different crimes must be punished with different penalties.

3. Must be personal no one should be punished for the crime of another. 4. Must be legal it is the consequence of a judgment according to law. 5. Must be certain no one may escape its effects. 6. Must be equal for all. 7. Must be correctional.

Purpose Of The State In Punishing Crimes

- The State has an existence of its own to maintain, a conscience to assert, and moral principles to be vindicated. Penal justice must therefore be exercised by the State in the service and satisfaction of a duty, and

rests primarily on the moral rightfulness of the punishment inflicted (to secure justice). The basis of the right to punish violations of penal law is

the police power of the State.

Theories Justifying Penalty: 1. Prevention to prevent or suppress the danger to the State arising from the criminal act of the offender. 2. Self-defense so as to protect society from the threat and wrong inflicted by the criminal. 3. Reformation the object of punishment in criminal cases is to correct and reform the offender.

4. Exemplarity the criminal is punished to serve as an example to deter others from committing crimes.

5. Justice that crime must be punished by the State as an act of retributive justice, a vindication of absolute right and moral law violated

by the criminal.

Three-Fold Purpose Of Penalty Under The Code: 1. Retribution or expiation the penalty is commensurate with the gravity of the offense.

2. Correction or reformation shown by the rules which regulate the execution of the penalties consisting in deprivation of liberty.

3. Social defense shown by its inflexible severity to recidivists and habitual delinquents.

Retroactive Effect of Penal Laws

ART.22

ARTICLE 22. Retroactive Effect of Penal Laws. Penal laws shall have a retroactive effect in so far as they favor the person guilty of a felony, who is not a habitual criminal, as this term is defined in rule 5 of article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same.

NOTE: According to Reyes, Art. 22 is NOT applicable to the provisions of

the RPC. Its application to the RPC can only be invoked where some former or subsequent law is under consideration

GENERAL RULE: Penal laws are applied prospectively.

EXCEPTION: When retrospective application will be favorable to the person guilty of a felony; Provided that:

1. The offender is NOT a habitual criminal (delinquent) under Art. 62(5);

2. The new or amendatory law does NOT provide against its retrospective application.

The favorable retroactive effect of a new law may find the

defendant in one of the 3 situations: 1. The crime has been committed and the prosecution begins 2. The sentence has been passed but service has not begun

3. The sentence is being carried out

HABITUAL DELINQUENT - A person who, within a period of ten years from the date of his release or last conviction of the crimes of serious or

less serious physical injuries, robbery, theft, estafa, or falsification, is found guilty of any said crimes a third time or oftener.

EX POST FACTO LAW - An act which when committed was not a crime, cannot be made so by statute without violating the constitutional

inhibition as to ex post facto laws. An ex post facto law is one which: 1. Makes criminal an act done before the passage of the law and

which was innocent when done; 2. Aggravates a crime, or makes it greater than it was, when

committed; 3. Changes the punishment and inflicts a greater punishment than

the law annexed to the crime when committed; 4. Alters the legal rules of evidence, and authorizes conviction upon a less or different testimony than the law required at the time of the

commission of the offense; 5. Assumes to regulate civil rights and remedies only, in effect

imposing a penalty or deprivation of a right for something which when

done was lawful; and 6. Deprives a person accused of a crime of some lawful protection to

which he has become entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty.

If retroactive effect of a new law is justified, it shall apply to the

defendant even if he is: 1. presently on trial for the offense;

2. has already been sentenced but service of which has not begun; or 3. already serving sentence

The retroactive effect of criminal statutes does NOT apply to the culprits civil liability.

REASON: The rights of offended persons or innocent third parties are

not within the gift of arbitrary disposal of the State.

The provisions of Art. 22 are applicable even to special laws which provide more favorable conditions to the accused.

New law may provide that its provisions not to be applied to cases already filed in court at the time of the approval of such law.

Criminal liability SUBSISTS: under the repealed law

1. When the provisions of the former law are reenacted; or

Note: The right to punish offenses committed under an old penal law is not extinguished if the offenses are still

punishable in the repealing penal law.) 2. When the repeal is by implication; or

Note: When a penal law, which impliedly repealed an old

law, is itself repealed, the repeal of the repealing law revives the prior penal law, unless the language of the

repealing statute provides otherwise. If the repeal is absolute, criminal liability is obliterated.)

3. When there is a saving clause.

BILL OF ATTAINDER A legislative act which inflicts punishment without trial.

Effect Of Pardon By The Offended Party

Book 1 Title 3

ART.23

ARTICLE 23. Effect of Pardon by the Offended Party. A pardon by the offended party does not extinguish criminal action except as provided in article 344 of this Code; but civil liability with regard to the interest of the injured party is extinguished by his express waiver.

GENERAL RULE: Pardon by the offended party does not extinguish

the criminal liability of the offender. REASON: A crime committed is an offense against the State.

Only the Chief Executive can pardon the offenders.

EXCEPTION: Pardon by the offended party will bar criminal prosecution in the following crimes:

1. Adultery and Concubinage (Art. 344,RPC) - EXPRESS or IMPLIED pardon must be given by offended

party to BOTH offenders. - Pardon must be given PRIOR to institution of criminal action. 2. Seduction, Abduction, Acts of Lasciviousness (Art. 344, RPC)

- EXPRESS pardon given by offended party or her parents or grandparents or guardian

- Pardon must be given PRIOR to the institution of the criminal action.

However, marriage between the offender and the offended party EVEN AFTER the institution of the

criminal action or conviction of the offender will extinguish the criminal action or remit the penalty already imposed against the offender, his co- principals,

accomplices and accessories after the fact. 3. Rape (as amended by R.A. 8353)

- The subsequent valid marriage between the offender and the offended party shall extinguish criminal

liability or the penalty imposed. In case the legal husband is the offender, subsequent forgiveness by

the wife as offended party shall also produce the same effect.

NOTE:

Pardon by the offended party under Art. 344 is ONLY A BAR to criminal prosecution; it is NOT a ground for extinguishment of criminal liability. It

DOES NOT extinguish criminal liability. It is not one of the causes that totally extinguish criminal liability in Art 89.

Nevertheless, civil liability may be extinguished by the EXRESS WAIVER

of the offended party. Civil liability w/ regard to the interest of the injured party is extinguished by the latters express waiver because personal injury may be repaired through indemnity. Waiver must be express.

State has no reason to insist on its payment.

AN OFFENSE CAUSES TWO CLASSES OF INJURIES:

1. Social Injury 2. Personal Injury

1. 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 suffered damage either to his person, to his property, to his honor or to her chastity.

2. Social Injury - Is sought to be repaired through the imposition of the

corresponding penalty.

Personal Injury - Is repaired through indemnity.

3. Social Injury - The offended party cannot pardon the offender so as to relieve him of the penalty.

Personal Injury - The offended party may waive the indemnity and the State has no reason to insist in its payment.

ARTICLE 24. Measures of Prevention or Safety Which are Not Considered Penalties. The following shall not be considered as penalties:

1. The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or illness requiring their confinement in a hospital.

2. The commitment of a minor to any of the institutions mentioned in article 80 and for the purposes specified therein. 3. Suspension from the employment or public office during the trial or in

order to institute proceedings. 4. Fines and other corrective measures which, in the exercise of their administrative or disciplinary powers, superior officials may impose upon

their subordinates. 5. Deprivation of rights and the reparations which the civil laws may establish in penal form.

Note: Not penalties by reason that they were not imposed as a result of judicial

proceedings. Par. #1, 3 and 4 are merely preventive measures before conviction.

Par. #2 is not penalty because it is not imposed by the court in a judgment or conviction. The imposition of the sentence in such case is suspended.

Fines mentioned in par. #4 are not imposed by the court otherwise they constitute a penalty.

CHAPTER TWO

Classification of Penalties ARTICLE 25. Penalties Which May Be Imposed. The penalties which may be imposed, according to this Code, and their different classes, are those included in the following:

Scale Principal Penalties

Capital punishment: Death.

Afflictive penalties: Reclusin perpetua, Reclusin temporal,

Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification,

Prisin mayor. Correctional penalties: Prisin correccional,

Arresto mayor, Suspensin,

Destierro. Light penalties: Arresto menor, Public censure.

Penalties common to the three preceding classes: Fine, and

Bond to keep the peace. Accessory Penalties

Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification,

Suspension from public office, the right to vote and be voted for, the profession or calling.

Civil interdiction, Indemnification,

Forfeiture or confiscation of instruments and proceeds of the offense, Payment of costs.

Penalties Which May Be Imposed

Art. 25

The penalties which may be imposed according to this Code, and their different classes, are those included in the following:

Capital punishment:

- Death

Afflictive penalties: - Reclusion perpetua,

- Reclusion temporal, - Perpetual or temporary absolute disqualification,

- Perpetual or temporary special disqualification, - Prision mayor.

Correctional penalties:

- Prision correccional, - Arresto mayor - Suspension

- Destierro

Light penalties: - Arresto menor,

- Public censure

Penalties common to the three preceding classes: - Fine, and - Bond to keep the peace.

SCALE OF ACCESSORY PENALTIES

- Perpetual or temporary absolute disqualification - Perpetual or temporary special disqualification

- Suspension from public office, the right to vote and be voted for, the profession or calling.

- Civil interdiction, - Indemnification,

- Forfeiture or confiscation of instruments and proceeds of the offense, - Payment of costs.

MAJOR CLASSIFICATION 1. PRINCIPAL PENALTIES those expressly imposed by the court in the judgment of conviction. 2. ACCESSORY PENALTIES those that are deemed included in the imposition of the principal penalties.

Other classifications of penalties: According to their divisibility: 1. Divisible - those that have fixed duration and are

divisible into three periods. 2. Indivisible - those which have no fixed duration.

- Death - Reclusion perpetua

- Perpetual absolute or special disqualification - Public censure

According to subject-matter 1. Corporal - (death)

2. Deprivation of freedom - (reclusion, prision, arresto) 3. Restriction of freedom - (destierro)

4. Deprivation of rights - (disqualification and suspension) 5. Pecuniary - (fine)

According to their gravity

1. Capital 2. Afflictive 3. Correctional

4. Light

Note:

Public censure is a penalty, - thus, it is not proper in acquittal.

- However, the Court in acquitting the accused may criticize his acts or conduct.

Penalties that are either principal or accessory: 1. Perpetual or temporary absolute disqualification,

2. Perpetual or temporary special disqualification, and 3. Suspension

May be principal or accessory penalties, because they formed in

the 2 general classes.

When Afflictive, Correctional, or Light Penalty

ART.26

ARTICLE 26. Fine When Afflictive, Correctional or Light Penalty. A fine, whether imposed as a single or as an alternative penalty, shall be considered an afflictive penalty, if it exceeds 6,000 pesos; a correctional penalty, if it does not exceed 6,000 pesos but is not less than 200 pesos; and a light penalty, if it be less than 200 pesos.

Fines: 1. Afflictive over 6000 2. Correctional 201 to 6000 3. Light 200 and less NOTES:

The classification applies if the fine is imposed as a single or alternative penalty. Hence, it does not apply if the fine is imposed together with

another penalty.

Fines are imposed either as alternative (Ex: Art 144 punishing disturbance of proceedings with arresto mayor or fine from 200 pesos to

1000 pesos) or single (Ex. fine of 200 to 6000 pesos)

Penalty cannot be imposed in the alternative since it is the duty of the court to indicate the penalty imposed definitely and positively. Thus, the

court cannot sentence the guilty person in a manner as such as to pay fine of 1000 pesos, or to suffer an imprisonment of 2 years, and to pay

the costs.

If the fine imposed by the law for the felony is exactly 200 pesos, it is a light felony.

People vs. Yu Hai (99 Phil. 725): Under Art. 9, where the fine in question is exactly P200, it is a

light penalty, thus the offense is a light felony; whereas under Art. 26, it is a correctional penalty, hence the offense involved is a less grave felony.

It that this discrepancy should be resolved liberally in favor of the accused, hence Art. 9 prevails over Art. 26

Distinction between classification of Penalties in Art. 9 and Art. 26

Article 9 - Applicable in determining the prescriptive period of felonies

Article 26 - Applicable in determining the prescriptive

period of penalties

CHAPTER THREE

Duration and Effect of Penalties

SECTION ONE

Duration of Penalties

ARTICLE 27. Reclusin Perpetua. Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon.

Reclusin temporal. The penalty of reclusin temporal shall be from twelve years and one day to twenty years.

Prisin mayor and temporary disqualification. The duration of the penalties of prisin mayor and temporary disqualification shall be from six years and one day to twelve years, except when the penalty of disqualification is imposed as an accessory penalty, in which case its duration shall be that of the principal penalty.

Prisin correccional, suspensin, and destierro. The duration of the penalties of prision correccional, suspensin and destierro shall be from six months and one day to six years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty.

Arresto mayor. The duration of the penalty or arresto mayor shall be from one month and one day to six months.

Arresto menor. The duration of the penalty of arresto menor shall be from one day to thirty days.

Bond to keep the peace. The bond to keep the peace shall be required to cover such period of time as the court may determine.

Reclusion Perpetua

Art.27

1. Reclusin perpetua 20 years and 1 day to 40 years

2. Reclusin temporal 12 years and 1 day to 20 years 3. Prisin mayor and temporary disqualification 6 years and 1 day to 12 years, except when disqualification is an accessory penalty, in which case its duration is that of the principal penalty

4. Prisin correccional, suspension, and destierro 6 months and 1 day to 6 years, except when suspension is an accessory

penalty, in which case its duration is that of the principal penalty

5. Arresto mayor 1 month and 1 day to 6 months

6. Arresto menor 1 day to 30 days 7. Bond to keep the peace The period is discretionary on the court. NOTES:

1. Destierro is a principal, divisible and correctional penalty. 2. Cases when destierro imposed:

a. Serious physical injuries or death under exceptional circumstances (Art. 247)

b. In case of failure to give bond for good behavior (Art. 284) c. As a penalty for the concubine in concubinage (Art. 334)

d. In cases where after reducing the penalty by one or more degrees, destierro is the proper penalty.

Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years, unless such person by

reason of his conduct or some other serious cause shall be considered by

the Chief Executive as unworthy of pardon.

Disqualification As An Afflictive Penalty

Computation of Penalties

ART.28

ARTICLE 28. Computation of Penalties. If the offender shall be in prison the term of the duration of the temporary penalties shall be computed from the day on which the judgment of conviction shall have become final. If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of liberty shall be computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty. The duration of the other penalties shall be computed only from the day on which the defendant commences to serve his sentence.

Rules on Computation of Penalties: 1. When the offender is in prison the duration of the temporary penalties (Permanent Absolute Disqualification, Temporary Absolute Disqualification, detention, suspension) is from

the day on which the judgment of conviction becomes final. 2. When the offender is not in prison the duration of the penalty of deprivation of liberty is from the day that the offender is placed at the disposal of judicial authorities for the enforcement of the penalty

3. The duration of the other penalties the duration is from the day on w/c the offender commences to serve his sentence

NOTES:

Reason for rule (a) Under Art 24, the arrest and temporary detention of the accused is not considered a penalty.

If in custody, the accused appealed, the service of the sentence should commence from the date of the promulgation of the decision of the appellate court, not the trial court.

Service in prison begins only on the day the judgment of conviction

becomes final.

In cases of temporary penalties, and if the offender is under detention (as when undergoing preventive imprisonment), rule (a) applies.

If he is not under detention (released on bail), rule (c) applies.

If offender is under preventive imprisonment, rule (c) applies, not rule(a).

The offender is entitled to a deduction of the full time or 4/5 of the time of his detention.

Period of Preventive Imprisonment Deducted From Term of Imprisonment

ART.29

ARTICLE 29. One-half of the Period of the Preventive Imprisonment Deducted from

Term of Imprisonment. Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with one-half of the time during which they have undergone preventive imprisonment, except in the following cases: 1. When they are recidivists, or have been convicted previously twice or more times of any crime; 2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily; 3. When they have been convicted of robbery, theft, estafa, malversation of public funds, falsification, vagrancy, or prostitution.

Instances when accused undergoes preventive suspension: 1. offense is non-bailable

2. bailable but cant furnish bail

Notes:

The full time or 4/5 of the time during which the offenders have undergone preventive suspension shall be deducted from the penalty imposed:

full time: if the detention prisoner agrees voluntarily in

writing to abide by the same disciplinary rules imposed upon convicted prisoners

four-fifths of the time: if the detention prisoner does not

agree to abide by the same disciplinary rules imposed upon convicted prisoners

In the case of a youthful offender who has been proceeded against under the Child and Youth Welfare Code, he shall be credited in the service of

his sentence with the full time of his actual detention, regardless if he agreed to abide by the same disciplinary rules of the institution or not.

Offenders not entitled to be credited with the full time or four-fifths of the

time of their preventive imprisonment. Recidivists or those convicted previously twice or more

times of any crime.

Those who, upon being summoned for the execution of their sentence, failed to surrender voluntarily (convicts who

failed to voluntarily surrender to serve their penalties under a final judgment, not those who failed or refused to

voluntarily surrender after the commission of the crime) Habitual Delinquents are not entitled to credit of time under preventive

imprisonment since he is necessarily a recidivist or has been convicted previously twice or more times of any crime.

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

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

Credit is given in the service of sentences consisting of deprivation of liberty (imprisonment and destierro), whether perpetual or temporal.

Thus, persons who had undergone preventive imprisonment but the offense is punishable by a fine only would not be given credit.

Destierro is considered a deprivation of liberty. If the penalty imposed is arresto menor to destierro, the accused who

has been in prison for 30 days (arresto menor to 30 days) should be released because although the maximum penalty is destierro (6 months

and 1 day to 6 years), the accused sentenced to such penalty does not serve it in prison.

SECTION TWO

Effects of the Penalties According to Their Respective Nature ARTICLE 30. Effects of the Penalties of Perpetual or Temporary Absolute Disqualification. The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects: 1. The deprivation of the public offices and employments which the offender may

have held, even if conferred by popular election. 2. The deprivation of the right to vote in any election for any popular elective office or to be elected to such office. 3. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned. In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence. 4. The loss of all right to retirement pay or other pension for any office formerly held.

Effects Of The Penalties Of Perpetual Or Temporary Absolute Disqualification

ART.30

NOTES:

The exclusion is a mere disqualification from protection, and not for punishment the withholding of a privilege, not a denial of a right.

Perpetual absolute disqualification is effective during the lifetime of the

convict and even after the service of the sentence.

Temporary absolute disqualification is effective during the term of sentence and is removed after the service of the same.

Exceptions: (1) deprivation of the public office or employment;

(2) loss of all rights to retirement pay or other pension for any office formerly held.

A plebiscite is not mentioned or contemplated in Art.30, par.2 (deprivation of the right to vote), hence, the offender may vote in that

exercise, subject to the provisions of pertinent election laws at the time.

Effects of Perpetual and temporary absolute disqualification: 1. Deprivation of any public office or employment of offender

2. Deprivation of the right to vote in any election or to be voted upon

3. Loss of rights to retirement pay or pension All these effects last during the lifetime of the convict and

even after the service of the sentence except as regards paragraphs 2 and 3 of the above in connection with Temporary

Absolute Disqualification.

Effect Of The Penalties Of Perpetual Or Temporary Special Disqualification

ART. 31

ARTICLE 31. Effects of the Penalties of Perpetual or Temporary Special Disqualification. The penalties of perpetual or temporary special disqualification for public office, profession or calling shall produce the following effects: 1. The deprivation of the office, employment, profession or calling affected; 2. The disqualification for holding similar offices or employments either perpetually

or during the term of the sentence, according to the extent of such disqualification.

NOTE: Temporary disqualification if imposed is an accessory penalty. Its

duration is that of the principal penalty.

Effects of Perpetual and Temporary Special Disqualification: 1. For public office, profession, or calling

a. Deprivation of the office, employment, profession or calling affected b. Disqualification for holding similar offices or employment

during the period of disqualification

2. For the exercise of the right of suffrage

a. Deprivation of the right to vote or to be elected in an office b. Cannot hold any public office during the period of disqualification

ARTICLE 32. Effects of the Penalties of Perpetual or Temporary Special Disqualification for the Exercise of the Right of Suffrage. The perpetual or temporary special disqualification for the exercise of the right of

suffrage shall deprive the offender perpetually or during the term of the sentence, according to the nature of said penalty, of the right to vote in any popular election for any public office or to be elected to such office.

Moreover, the offender shall not be permitted to hold any public office during the period of his disqualification.

Effects Of The Penalties Of Suspension From Any Public Office

ART. 33: EFFECTS OF THE PENALTIES OF SUSPENSION FROM ANY

PUBLIC OFFICE, PROFESSION OR CALLING, OR THE RIGHT OF SUFFRAGE Effects:

1. Disqualification from holding such office or the exercise of such

profession or right of suffrage during the term of the sentence

2. Cannot hold another office having similar functions during the period of suspension

Civil Interdiction

ART.34

ARTICLE 34. Civil Interdiction. Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos.

Effects of Civil Interdiction Deprivation of the following rights:

1. Parental rights 2. Guardianship over the ward

3. Marital authority 4. Right to manage property and to dispose of the same by acts

inter vivos

Civil Interdiction is an accessory penalty to the following principal penalties: 1. Death if commuted to life imprisonment

2. Reclusion perpetua 3. Reclusion temporal

He can dispose of such property by will or donation

mortis causa

Effects Of Bond To Keep The Peace

ART.35

ARTICLE 35. Effects of Bond to Keep the Peace. It shall be the duty of any person sentenced to give bond to keep the peace, to present two sufficient sureties who shall undertake that such person 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 in its judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking. The court shall determine, according to its discretion, the period of duration of the bond. Should the person sentenced fail to give the bond as required he shall be detained for a period which shall in no case exceed six months, if he shall have been prosecuted for a grave or less grave felony, and shall not exceed thirty days, if for a

light felony.

Effects of bond to keep the peace

- It shall be the duty of any person sentenced to give bond to keep the peace, to present two sufficient sureties who shall undertake that such

person 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 in the judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking. The court

shall determine, according to its discretion, the period of duration of the bond. Should the person sentenced fail to give the bond as required he shall be detained for a period which shall in no case exceed six months, is

he shall have been prosecuted for a grave or less grave felony, and shall not exceed thirty days, if for a light felony.

2 WAYS OF GIVING BOND

1) The offender must present - 2 sufficient sureties who shall undertake that

a. the offender will not commit the offense sought to be prevented b. and that in case such offense be committed they will

pay the amount determined by the court

2) The offender must deposit such amount with the clerk of court to guarantee said undertaking;

The court shall determine the period of duration of the bond

The offender may be detained, if he cannot give the bond

a. for a period not to exceed 6 months if prosecuted for grave or less grave felony, or b. for a period not to exceed 30 days, if for a light felony.

Bond to keep the peace is different from bail bond which is posted for the

provisional release of a person arrested for or accused of a crime. Bond to keep the peace or for good behavior is imposed as a penalty in threats.

Pardon; Its Effect

ART.36

ARTICLE 36. Pardon; Its Effects. A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon. A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence.

NOTES:

Pardon by the President does not restore the right to public office or suffrage except when both are expressly restored in the pardon. Nor does

it exempt one from civil liability or from payment of civil indemnity

Limitations to Presidents power to pardon: - can be exercised only after final judgment

- does not extend to cases of impeachment - does not extinguish civil liability only criminal liability

General Rule: Pardon granted in general terms does not include accessory penalties.

Exceptions:

1. if the absolute pardon is granted after the term of

imprisonment has expired, it removes all that is left of the consequences of conviction. However, if the penalty

is life imprisonment and after the service of 30 years, a pardon is granted, the pardon does not remove the accessory

penalty of absolute perpetual disqualification. 2. if the facts and circumstances of the case show that the

purpose of the President is to precisely restore the rights i.e., granting absolute pardon after election to a post

(mayor) but before the date fixed by law for assuming office to enable him to assume the position in deference to the popular will

Pardon by the offended party does not extinguish criminal liability; may include offended party waiving civil indemnity and it should be done before the institution of the criminal prosecution and extended to both

offenders.

Pardon

Cost; What Are Included

ART. 37

ARTICLE 37. Costs What are Included. Costs shall include fees and indemnities in the course of the judicial proceedings, whether they be fixed or unalterable amounts previously determined by law or regulations in force, or

amounts not subject to schedule.

Costs include: 1. fees 2. Indemnities in the course of judicial proceedings

NOTE:

Costs (expenses of the litigation) are chargeable to the accused in case

of conviction. In case of acquittal, the costs are de oficio, each party bearing his own expense.

No costs are allowed against the Republic of the Philippines, until law provides the contrary.

The payment of costs is fully discretionary on the Court.

Costs may be fixed amounts determined by law or regulations or subject

to a schedule.

Pecuniary Liabilities; Order Of Payment

ART.38

ARTICLE 38. Pecuniary Liabilities Order of Payment. In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following order: 1. The reparation of the damage caused.

2. Indemnification of consequential damages.

3. The fine. 4. The costs of the proceedings.

Pecuniary liabilities of persons criminally liable, in the following order:

1. The reparation of the damage caused 2. Indemnification of the consequential damages 3. Fine

4. Costs of proceedings

NOTES:

It is applicable in case the properties of the offender are not sufficient for the payment of all his pecuniary liabilities.

Hence, if the offender has insufficient or no property, there is no use for Art 38.

Order of payment is mandatory.

Ex. Juan inflicted serious physical injuries against Pedro and took the latters watch and ring. He incurred P500 worth of hospital bills and failed to earn P300 worth of salary. Given that Juan only has P1000 worth of property not exempt from execution, it shall first be applied to

the payment of the watch and ring which cannot be returned, as such is covered by reparation of the damage caused, thus, no. 1 in the order of payment. The 500 and 300 are covered by indemnification of the consequential damage, thus, no. 2 in the order of payment.

Subsidiary Penalty

ARTICLE 39. Subsidiary Penalty. If the convict has no property with which to meet the pecuniary liabilities mentioned in paragraphs 1st, 2nd and 3rd of the next preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each 2 pesos and 50 centavos, subject to the following rules: 1. If the principal penalty imposed be prisin correccional or arresto and fine, he shall remain under confinement until his fine and pecuniary liabilities referred in the preceding paragraph are satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in no case shall it continue for more than one year, and no fraction or part of a day shall be counted against the prisoner. 2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if for a light felony.

3. When the principal penalty imposed is higher than prisin correccional no subsidiary imprisonment shall be imposed upon the culprit. 4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is of fixed duration, the convict, during the period of time established in the preceding rules, shall continue to suffer the same deprivations as those of which the principal penalty consists. 5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him from reparation of the damaged caused, nor from indemnification for the consequential damages in case his financial circumstances should improve; but he shall be relieved from pecuniary liability as to the fine.

Art. 39

If the convict has no property with which to meet the fine mentioned in

the paragraph 3 of the next preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos,

subject to the following rules:

1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under confinement until his fine referred to in the preceding paragraph is satisfied, but his subsidiary imprisonment shall

not exceed one-third of the term of the sentence, and in no case shall it continue for more than one year, and no fraction or part of a day shall

be counted against the prisoner.

2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months, if the culprit shall have been

prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if for a light felony.

3. When the principal imposed is higher than prision correccional, no subsidiary imprisonment shall be imposed upon the culprit.

4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is of fixed duration, the convict,

during the period of time established in the preceding rules, shall continue to suffer the same deprivations as those of which the principal penalty consists.

5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him, from the fine in case his financial circumstances should improve. (As amended by RA 5465, April

21, 1969).

NOTES:

When the penalty prescribed is imprisonment, it is the penalty actually

imposed by the Court, not the penalty provided for by the Code, which should be considered in determining whether or not subsidiary penalty should be imposed.

There is no subsidiary penalty for non-payment of reparation,

indemnification and costs in par 1, 2 and 4 of Art 38. It is only for fines.

Art 39 applies only when the convict has no property with which to meet the fine in par 3 of art 38. Thus, a convict who has non-exempt

property enough to meet the fine cannot choose to serve the subsidiary penalty instead of payment of the fine.

Subsidiary imprisonment is not an accessory penalty. It is covered by

Arts. 40-45 of this Code. Accessory penalties are deemed imposed even when not mentioned, while subsidiary imprisonment must be expressly imposed.

RULES AS TO SUBSIDIARY PENALTY

1. If the penalty imposed is prisin correccional or arresto and fine subsidiary imprisonment is not to exceed 1/3 of the term of the sentence, and in no case to continue for more than one year. Fraction or part of a day, not counted.

2. When the penalty imposed is fine only subsidiary imprisonment is:

- not to exceed 6 months if the culprit is prosecuted for grave or less grave felony, and

- not to exceed 15 days if prosecuted for light felony.

3. When the penalty imposed is higher than prisin correccional no subsidiary imprisonment. 4. If the penalty imposed is not to be executed by confinement,

but of fixed duration subsidiary penalty shall consist in the same deprivations as those of the principal penalty, under the same rules as nos. 1, 2 and 3 above.

5. In case the financial circumstances of the convict should

improve, he shall pay the fine, notwithstanding the fact that the convict suffered subsidiary personal liability

therefor.

WHERE NO SUBSIDIARY PENALTY SHALL BE IMPOSED: 1. The penalty imposed is higher than prisin correccional or 6 years,

2. For non-payment of reparation or indemnification, 3. For non-payment of costs, and

4. Where the penalty imposed is a fine and another penalty without fixed duration, like censure.

There is no subsidiary penalty for non-payment of civil liability.

Death; Its Accessory Penalties

SECTION THREE Penalties in Which Other Accessory Penalties are Inherent

ARTICLE 40. Death Its Accessory Penalties. The death penalty, when it is not executed by reason of commutation or pardon shall carry with it that of perpetual

absolute disqualification and that of civil interdiction during thirty years following the date of sentence, unless such accessory penalties have been expressly remitted in the pardon. ARTICLE 41. Reclusin Perpetua and Reclusin Temporal Their accessory penalties. The penalties of reclusin perpetua and reclusin temporal shall carry with them that of civil interdiction for life or during the period of the sentence as the case may be, and that of perpetual absolute disqualification which the offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. ARTICLE 42. Prisin Mayor Its Accessory Penalties. The penalty of prisin mayor shall carry with it that of temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage which the offender shall suffer although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. ARTICLE 43. Prisin Correccional Its Accessory Penalties. The penalty of prisin correccional shall carry with it that of suspension from public office, from the right to follow a profession or calling, and that of perpetual special disqualification from the right of suffrage, if the duration of said imprisonment shall exceed eighteen months. The offender shall suffer the disqualification provided in this article although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. ARTICLE 44. Arresto Its Accessory Penalties. The penalty of arresto shall carry with it that of suspension of the right to hold office and the right of suffrage during the term of the sentence.

Art. 40. Death; Its Accessory Penalties Art. 41. Reclusion perpetua and Reclusion Temporal; their Accessory

Penalties Art. 42. Prision Mayor; Its Accessory Penalties Art. 43. Prision Correccional; Its Accessory Penalties

Art. 44. Arresto; Its Accessory Penalties

1. Death, if not executed because of commutation or pardon a. perpetual absolute disqualification

b. civil interdiction during 30 years (if not expressly remitted in the pardon)

2. Reclusion Perpetua and Reclusion Temporal a. civil interdiction for life or during the sentence

b. perpetual absolute disqualification (unless expressly remitted in the pardon)

3. Prision Mayor

a. temporary absolute disqualification

b. perpetual special disqualification from suffrage (unless expressly remitted in the pardon)

4. Prision Correccional a. suspension from public office, profession or calling

b. perpetual special disqualification from suffrage if the duration of the imprisonment exceeds 18 months (unless

expressly remitted in the pardon)

5. Arresto Mayor/Arresto Menor a. Suspension of right to hold office b. Suspension of the right of suffrage during the term of the sentence.

NOTES:

The accessory penalties in Art 40-44 must be suffered by the offender, although pardoned as to the principal penalties. To be relieved of these

penalties, they must be expressly remitted in the pardon. No accessory penalty for destierro.

Persons who served out the penalty may not have the right to exercise

the right of suffrage. For a prisoner who has been sentenced to one year of imprisonment or more for any crime, absolute pardon restores to him

his political rights. If the penalty is less than one year, disqualification does not attach except if the crime done was against property.

The nature of the crime is immaterial when the penalty imposed is one

year imprisonment or more. The accessory penalties are understood to be always imposed upon

the offender by the mere fact that the law fixes a certain penalty for the crime.

The accessory penalties do not affect the jurisdiction of the court in which

the information is filed because they do not modify or alter the nature of the penalty provided by law. What determines jurisdiction in criminal

cases is the principal penalty. Reclusion Perpetua from Life Imprisonment Distinguished

1. Reclusion Perpetua - Specific duration of 20 years and 1 day to 40 years and accessory penalties.

Life Imprisonment - no definite term or accessory penalties.

2. Reclusion Perpetua - Imposable on felonies punished by the RPC.

Life Imprisonment - Imposable on crimes punishable by special laws

Confiscation and Forfeiture Of The Proceeds Or Instruments Of The Crime

ARTICLE 45. Confiscation and Forfeiture of the Proceeds or Instruments of the Crime. Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the crime and the instruments or tools with which it was committed. Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government, unless they be the property of a third person not liable for the offense, but those articles which are not subject of lawful commerce shall be destroyed.

ART. 45 1. 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.

2. The proceeds and instruments/tools of the crime are confiscated

in favor of the government.

3. The property of 3rd persons (not liable for the offense) is not subject to confiscation and forfeiture.

4. Property not subject of lawful commerce (whether it belongs to the accused or a 3rd person) shall be destroyed.

NOTES:

There cannot be confiscation or forfeiture unless theres a criminal case filed, tried and accused is convicted.

Third person must be indicted to effect confiscation of his property. Instruments of the crime belonging to an innocent 3rd person may be

recovered.

Confiscation can be ordered only if the property is submitted in evidence or placed at the disposal of the court.

When the order of forfeiture has already become final, the articles which

were forfeited cannot be returned, even in case of an acquittal. There must be conviction by final judgment. However, even if the

accused is acquitted on reasonable doubt, but the instruments or proceeds are contraband, the judgment of acquittal shall order their

forfeiture for appropriate disposition.

Confiscation & forfeiture are additional penalties. When the penalty imposed did not include the confiscation of the goods involved, the

subsequent confiscation & forfeiture of said goods would be an additional penalty, amounting to an increase of the penalty already imposed,

thereby placing the accused in double jeopardy. In case the accused appeals, confiscation and forfeiture not ordered by the trial court may be

imposed by the appellate court.

The government cannot appeal the modification of a sentence if the defendant did not appeal. But if the defendant appeals, it removes all bars to the review and correction of the penalty imposed by the court

below, even if an increase thereof should be the result.

When Art. 45 cannot apply: 1. The instruments belong to innocent third parties

2. Such properties have not been placed under the jurisdiction of the court

3. When it is legally or physically impossible.

Penalty To Be Imposed Upon Principals In General

CHAPTER FOUR

Application of Penalties

SECTION ONE Rules for the Application of Penalties to the Persons Criminally Liable and for the

Graduation of the Same

ARTICLE 46. Penalty to be Imposed Upon Principals in General. The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony. Whenever the law prescribes a penalty for a felony in general terms, it shall be understood as applicable to the consummated felony.

ART. 46

GENERAL RULE: The penalty prescribed by law in general terms

shall be imposed: 1. upon the principals

2. for consummated felony

EXCEPTION: when the law fixes a penalty for the frustrated or attempted felony. Whenever it is believed that the penalty lower by one or two degrees corresponding to said acts of

execution is not proportionate to the wrong done, the law fixes a distinct penalty for the principal in the frustrated

or attempted felony.

The Graduation Of Penalties Refers To: 1. By degree

a. stages of execution (consummated, frustrated, attempted) b. degree of the criminal participation of the offender (principal, accomplice, accessory)

2. By period - (minimum, medium, maximum) - refers to the proper period

of the penalty w/c should be imposed when aggravating or mitigating circumstances attend the commission of the crime

People v. Formigones (1950)

Facts: The accused without a previous quarrel or provocation took his bolo and stabbed his wife in the back resulting to the latters death. The accused was sentenced to the penalty of reclusion perpetua. Held: The penalty applicable for parricide under Art. 246 of the RPC is

composed only of 2 indivisible penalties, reclusion perpetua to death. Although the commission of the act is attended by some mitigating

circumstance without any aggravating circumstance to offset them, Art. 63 of the RPC should be applied. The said article provides that when the

commission of the act is attended by some mitigating circumstance and there is no aggravating circumstance, the lesser penalty shall be applied

In What Cases The Death Penalty Shall Not Be Imposed

ARTICLE 47. In What Cases the Death Penalty Shall Not Be Imposed. The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except in the following cases: 1. When the guilty person be more than seventy years of age. 2. When upon appeal or revision of the case by the Supreme Court, all the members thereof are not unanimous in their voting as to the propriety of the imposition of the death penalty. For the imposition of said penalty or for the confirmation of a judgment of the inferior court imposing the death sentence, the Supreme Court shall render its decision per curiam, which shall be signed by all justices of said court, unless some member or members thereof shall have become disqualified from

taking part in the consideration of the case, in which event the unanimous vote and signature of only the remaining justices shall be required.

ART. 47 Death Penalty Not Imposed In The Following Cases:

1. under age - when the offender is under 18 yrs of age at the time of commission.

Why? - Because minority is always a mitigating circumstance

2. over age - when the person is more than 70 years old at time RTC sentenced him

3. no court majority - when upon appeal or automatic review of the case by the SC, the vote of eight members is not obtained

for the imposition of death.

JUSTIFICATION FOR THE DEATH PENALTY: social defense and exemplarity. Not considered cruel and unusual because it does not

involve torture or lingering death. CRIMES PUNISHABLE BY DEATH UNDER THE DEATH PENALTY LAW (RA

7659) 1. Treason

2. Qualified Piracy 3. Qualified Bribery

4. Parricide 5. Murder

6. Infanticide 7. Kidnapping and Serious Illegal Detention 8. Robbery with Homicide, Rape, Intentional Mutilation, or Arson 9. Rape with the use of a deadly weapon, or by two or more persons - where the victim became insane

- with Homicide 10. Qualified Rape

11. Destructive Arson 12. Plunder

13. Violation of certain provisions of the Dangerous Drugs Act 14. Carnapping

RA 9346 or An Act Prohibiting the Imposition of Death Penalty in the Philippines - expressly repealed RA 8177 or Act Designating Death by Lethal Injection and RA 7659 or Death Penalty Law. RA 9346 repealed all the other laws imposing death penalty.

- Section 2 states that: In lieu of the death penalty, the following shall be imposed:

a. the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code; or

b. the penalty of life imprisonment, when the law violated does not make use of the nomenclature of

the penalties of the Revised Penal Code.

Penalty For Complex Crimes

ARTICLE 48. Penalty for Complex Crimes. When a single act constitutes two or more crimes, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period.

ART.48

COMPLEX CRIME although there actually are two or more crimes, the law treats them as constituting only one - as there is only one criminal intent. Only one information need be filed.

2 Kinds Of Complex Crimes:

1. Compound crime single act constitutes 2 or more grave or less grave felonies.

Requisites: a. that only one single act is performed by the offender

b. that the single act produces i. 2 or more grave felonies

ii. one or more grave and one or more less grave felonies iii. 2 or more less grave felonies

2. Complex crime proper when an offense is a necessary means for committing another.

Requisites:

1. That at least 2 offenses are committed 2. That one or some of the offenses must be necessary to

commit the other 3. That both or all the offenses must be punished under

the same statute

No Single Act In The Following Cases: 1. When 2 persons are killed one after the other, by different acts, although these 2 killings were the result of a single

criminal impulse. The different acts must be considered as distinct crimes.

2. When the acts are wholly different, not only in themselves, but also because they are directed against 2 different persons,

as when one fires his gun twice in succession, killing one and injuring the other.

Light felonies produced by the same act should be treated and punished as separate offenses, or may be absorbed by the grave

felony.

NOTES:

When in obedience to an order, several accused simultaneously shot many persons, w/o evidence how many each killed, there is only

a single offense, there being a single criminal impulse. For the attainment of a single purpose w/c constitutes an offense, various

acts are executed, such acts must be considered only as one offense.

When a complex crime is charged and one offense is not proven, the accused can be convicted of the other.

There is no complex crime of arson w/homicide.

Art 48 is applicable to crimes through negligence.

Kidnapping the victim to murder him in a secluded place ransom wasnt paid so victim was killed. Kidnapping was a necessary means to commit

murder. But where the victim was taken from his home but it was solely for the purpose of killing him and not for detaining him illegally or for the

purpose of ransom, the crime is simple murder.

Necessary means does not mean indispensable means. Indispensable would mean it is an element of the crime. The crime can

be committed by another mean. The means actually employed (another crime) was merely to facilitate and insure the consummation of the crime.

It is not a complex crime when trespass to dwelling is a direct means to commit a grave offense. Like rape, there is no complex crime of trespass

to dwelling with rape. Trespass will be considered as aggravating (unlawful entry or breaking part of a dwelling)

When the offender had in his possession the funds w/c he

misappropriated, the falsification of a public or official document involving said funds is a separate offense. But when the offender had to falsify a

public or official document to obtain possession of the funds w/c he misappropriated, the falsification is a necessary means to commit the malversation.

There is no complex crime of rebellion w/ murder, arson, robbery or

other common crimes. They are mere ingredients of the crime of rebellion absorbed already. When 2 crimes produced by a single act are respectively within the

exclusive jurisdiction of 2 courts of different jurisdiction, the court of higher jurisdiction shall try the complex crime.

Art. 48 is intended to favor the culprit.

The penalty for complex crime is the penalty for the most serious crime, the same to be applied in its maximum period. If the different crimes resulting from one single act are punished w/ the same penalty, the penalty for any one of them shall be imposed, the same to be applied

in the maximum period. The same rule shall be observed when an offense is a necessary means to commit the other.

A complex crime of the second form may be committed by two persons.

But when one of the offenses, as a means to commit the other, was committed by one of the accused by reckless imprudence, the accused

who committed the crime by reckless imprudence is liable for his acts only.

When two felonies constituting a complex crime are punishable by imprisonment and fine, respectively, only the penalty of imprisonment

shall be imposed. Reason: Fine is not included in the list of penalties in the order of severity and it is the last in the graduated scales in Art. 71.

When a single act constitutes two grave or less grave or one grave and

another less grave, and the penalty for one is imprisonment while that for the other is fine, the severity of the penalty for the more serious crime

should not be judged by the classification of each of the penalties involved, but by the nature of the penalties.

In the order of severity of the penalties, arresto mayor and arresto menor are considered more severe than destierro and arresto menor is

higher in degree than destierro.

There is NO COMPLEX CRIME in the following: 1. In case of continuing crimes

2. When one offense is committed to conceal the other 3. When the other crime is an indispensable part or an element

of the other offenses as defined 4. Where one of the offenses is penalized by a special law 5. When the law provides one single penalty for special complex crime:

a. Robbery with Homicide b. Robbery with Rape

c. Rape with Homicide d. Kidnapping with Serious Physical Injuries

e. Kidnapping with Homicide

PLURALITY OF CRIMES consists in the successive execution by the same individual of different criminal acts upon any of which no conviction has yet been declared.

Kinds Of Plurality Of Crimes:

1. Formal or Ideal only one criminal liability. Formal or ideal crimes are further divided into three groups, where a person

committing multiple crimes is punished with only one penalty: a. when the offender commits any of the complex crimes

defined in Art. 48 b. when the law specifically fixes a single penalty for 2 or more offenses committed: robbery w/ homicide, kidnapping w/

serious physical injuires c. when the offender commits continued crimes

2. Real Or Material there are different crimes in law as well as in the conscience of the offender. In such cases, the

offender shall be punished for each and every offense that he committed

Under Art.49 - Lesser penalty to be imposed in its maximum period

Under Art.48 - Penalty for the more serious crime shall be imposed in its maximum period.

CONTINUED CRIME refers to a single crime consisting of a series of acts but all arising from one criminal resolution. Although there is a series of acts, there is only one crime committed, so only one penalty shall be imposed.

Example of continued crimes:

a. A collector of a commercial firm misappropriates for his personal use several amounts collected by him from different

persons. There is only one crime because the different and successive appropriations are but the different moments

during w/c one criminal resolution arises. b. Juan steals 2 books belonging to 2 different persons. He commits only one crime because there is unity of thought

in the criminal purpose of the offender

NOTE: A continued crime is not a complex crime, as the offender does not perform a single act but a series of acts. Therefore:

a. penalty not to be imposed in the maximum b. no actual provision punishing continued crime It is a principle applied in connection with 2 or more crimes committed with a single intention.

NOTE: A continued (continuous or continuing) crime is different from a transitory crime. Transitory crime is moving crime.

Penalty When Crime Committed Different Than Intended

ARTICLE 49. Penalty to Be Imposed Upon the Principals When the Crime Committed is Different from that Intended. In cases in which the felony committed is different from that which the offender intended to commit, the following rules shall be observed: 1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to commit, the penalty corresponding to the latter shall be imposed in its maximum period. 2. If the penalty prescribed for the felony committed be lower than that corresponding to the one which the accused intended to commit, the penalty for the former shall be imposed in its maximum period. 3. The rule established by the next preceding paragraph shall not be applicable if the acts committed by the guilty person shall also constitute an attempt or frustration of another crime, if the law prescribes a higher penalty for either of the latter offenses, in which case the penalty provided for the attempt or the frustrated crime shall be imposed in its maximum period.

ART. 49:

PENALTY TO BE IMPOSED UPON THE PRINCIPALS WHEN THE CRIME

COMMITTED IS DIFFERENT FROM THAT INTENDED

RULES: 1. If the penalty for the felony committed be higher than the

penalty for the offense which the accused intended to commit, the lower penalty shall be imposed in its maximum period. 2. If the penalty for the felony committed be lower than the

penalty for the offense which the accused intended to commit, the lower penalty shall be imposed in its maximum period.

3. If the act committed also constitutes an attempt or frustration of another crime, and the law prescribes a higher penalty for

either of the latter, the penalty for the attempted or frustrated crime shall be imposed in its maximum period.

NOTES:

Art. 49 has reference to the provision in the 1st par of Art.4 which provides that criminal liability shall be incurred by any person committing a felony although the wrongful act done be different from that which he intended. Art. 49 is applicable only in cases when there is a mistake in identity of

the victim of the crime (error in personae) and the penalty for the crime committed is different from that for the crime intended to be committed.

Art. 49 also has no application where a more serious consequence not

intended by the offender befalls the same person. In Art. 49, pars. 1 and 2, the lower penalty in its maximum period is always imposed.

In Par. 3 the penalty for the attempted or frustrated crime shall be

imposed in its maximum period. This rule is not necessary and may well be covered by Art. 48, in view of the fact that the same act also

constitutes an attempt or a frustration of another crime.

Application Of Article 50 To 57

ARTICLE 50. Penalty to Be Imposed Upon Principals of a Frustrated Crime. The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the principal in a frustrated felony.

ARTICLE 51. Penalty to Be Imposed Upon Principals of Attempted Crimes. The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit a felony. ARTICLE 52. Penalty to Be Imposed Upon Accomplices in a Consummated Crime. The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the accomplices in the commission of a consummated felony. ARTICLE 53. Penalty to Be Imposed Upon Accessories to the Commission of a Consummated Felony. The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the accessories to the commission of a consummated felony. ARTICLE 54. Penalty to Be Imposed Upon Accomplices in a Frustrated Crime. The penalty next lower in degree than that prescribed by law for the frustrated felony

shall be imposed upon the accomplices in the commission of a frustrated felony. ARTICLE 55. Penalty to Be Imposed Upon Accessories of a Frustrated Crime. The penalty lower by two degrees than that prescribed by law for the frustrated felony shall be imposed upon the accessories to the commission of a frustrated felony. ARTICLE 56. Penalty to Be Imposed Upon Accomplices in an Attempted Crime. The penalty next lower in degree than that prescribed by law for an attempt to commit a felony shall be imposed upon the accomplices in an attempt to commit the felony. ARTICLE 57. Penalty to Be Imposed Upon Accessories of an Attempted Crime. The penalty lower by two degrees than that prescribed by law for the attempt shall be imposed upon the accessories to the attempt to commit a felony.

Art.50 - 57

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

Art. 51: Penalty to be imposed upon principals of attempted crimes

Art. 52: Penalty to be imposed upon accomplices in consummated crime

Art. 53: Penalty to be imposed upon accessories to the commission of a

consummated felony

Art. 54: Penalty to imposed upon accomplices in a frustrated crime

Art. 55: Penalty to be imposed upon accessories of a frustrated crime

Art. 56: Penalty to be imposed upon accomplices in an attempted crime

Art. 57: Penalty to be imposed upon accessories of an attempted crime

Art.50 - 57

Art. 50-57 are not applicable when the law specifically prescribes the

penalty for the frustrated and attempted felony or that to be imposed upon the accomplices and accessories. (examples: qualified seduction, flight to enemy country, kidnapping)

Degree one whole penalty, one entire penalty or one unit of the penalties enumerated in the graduated scales provided for in Art. 71

Period one of 3 equal portions, min/med/max of a divisible penalty. A period of a divisible penalty when prescribed by the Code as a penalty

for a felony, is in itself a degree.

Distinction Between a Degree and a Period 1. Degree - Refers to the penalty imposable for a felony committed considering the stages of execution and the degree of participation

of the offender.

Period - Refers to the duration of the penalty consisting of the maximum, medium, and minimum, after considering the presence or

absence of aggravating circumstances.

2. Degree - May refer to both divisible and indivisible penalties. Period - Refers only divisible penalties.

NOTE: The rules provided in Arts. 53, 55 and 57 do not apply if the

felony is light because accessories are not liable for the same.

Additional Penalty To Be Imposed Upon Certain Accessories ARTICLE 58. Additional Penalty to Be Imposed Upon Certain Accessories. Those accessories falling within the terms of paragraph 3 of article 19 of this Code who should act with abuse of their public functions, shall suffer the additional penalty or

absolute perpetual disqualification if the principal offender shall be guilty of a grave

felony, and that of absolute temporary disqualification if he shall be guilty of a less grave felony.

Art. 58. Additional penalty to be imposed upon certain accessories.

Those accessories falling within the terms of paragraphs 3 of Article 19 of this Code who should act with abuse of their public functions, shall suffer

the additional penalty of absolute perpetual disqualification if the principal offender shall be guilty of a grave felony, and that of absolute

temporary disqualification if he shall be guilty of a less grave felony.

NOTE: Art. 58 is limited only to grave and less grave felonies since it is

not possible to have accessories liable for light felonies. It is further limited to those whose participation in the crime is characterized by the misuse of public office or authority.

Additional Penalties for Public Officers who are accessories:

1. Absolute Perpetual Disqualification, if the principal offender is guilty of a grave felony

2. Absolute temporary disqualification, if the principal offender is guilty of less grave felony

ART. 59: Penalty To Be Imposed In Case Of Failure To Commit The

Crime Because The Means Employed Or The Aims Sought Are Impossible

ARTICLE 59. Penalty to Be Imposed in Case of Failure to Commit the Crime Because the Means Employed or the Aims Sought are Impossible. When the person intending to commit an offense has already performed the acts for the execution of the same but nevertheless the crime was not produced by reason of the fact that the act intended was by its nature one of impossible accomplishment or because the means employed by such person are essentially inadequate to produce the result desired by him, the court, having in mind the social danger and the degree of criminality shown by the offender, shall impose upon him the penalty of arresto mayor or a fine ranging from 200 to 500 pesos.

NOTES: Basis for the imposition of proper penalty in impossible crimes: social

danger and degree of criminality shown by the offender

The penalty for impossible crime is arresto mayor (imprisonment of 1 month and 1 day to 6 months) or fine ranging from 200-500pesos.

Art. 59 is limited to grave and less grave felonies.

However, considering Article 4, this article is actually limited to offenses against persons or property.

Exception To The Rules Established In Art. 50 To 57 ARTICLE 60. Exceptions to the Rules Established in Articles 50 to 57. The provisions contained in articles 50 to 57, inclusive, of this Code shall not be applicable to cases in which the law expressly prescribes the penalty provided for a frustrated or attempted felony, or to be imposed upon accomplices or accessories.

ART. 60

The provisions contained in Articles 50 to 57, inclusive, of this Code shall

not be applicable to cases in which the law expressly prescribes the penalty provided for a frustrated or attempted felony, or to be imposed

upon accomplices or accessories.

Arts. 50 to 57 shall not apply to cases where the law expressly prescribes the penalty for frustrated or attempted felony, or to be imposed upon

accomplices or accessories.

GENERAL RULE: An accomplice is punished by a penalty one degree lower than the penalty imposed upon the principal.

EXCEPTIONS:

a. 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 slate trade or abduction. (Art. 346)

b. One who furnished the place for the perpetration of the crime of slight illegal detention. (Art. 268)

Two cases where the accomplice is punished with the same penalty imposed upon the principal:

1. 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.

2. one who furnished the place for the perpetration of the crime of slight illegal detention

NOTE: Accessory punished as principal: Art 142 punishes an accessory for knowingly concealing certain evil practices GENERAL RULE: An accessory is punished by a penalty two degrees

lower than the penalty imposed upon the principal.

EXCEPTION: When accessory is punished as principal knowingly concealing certain evil practices is ordinarily an act of the accessory, but in Art. 142, such act is punished as the act

of the principal.

When accessories are punished with a penalty one degree lower: Instead of two degrees.

a. Knowingly using counterfeited seal or forged signature or stamp of the President (Art. 162). b. Illegal possession and use of a false treasury or bank

note (Art. 168). c. Using falsified document (Art. 173 par.3 )

d. Using falsified dispatch (Art. 173 par. 2)

Rules For Graduating Penalties ARTICLE 61. Rules for Graduating Penalties. For the purpose of graduating the penalties which, according to the provisions of articles 50 to 57, inclusive, of this Code, are to be imposed upon persons guilty as principals of any frustrated or attempted felony, or as accomplices or accessories, the following rules shall be

observed: 1. When the penalty prescribed for the felony is single and indivisible, the penalty next lower in degree shall be that immediately following that indivisible penalty in the scale prescribed in article 70 of this Code. 2. When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or more divisible penalties to be imposed to their full extent, the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed in the above mentioned scale. 3. When the penalty prescribed for the crime is composed of one or two indivisible penalties and the maximum period of another divisible penalty, the penalty next lower in degree shall be composed of the medium and minimum periods of the proper divisible penalty and the maximum period of that immediately following in said scale. 4. When the penalty prescribed for the crime is composed of several periods, corresponding to different divisible penalties, the penalty next lower in degree shall be composed of the period immediately following the minimum prescribed and of the two next following, which shall be taken from the penalty prescribed, if possible; otherwise, from the penalty immediately following in the above mentioned scale. 5. When the law prescribes a penalty for a crime in some manner not specially provided for in the four preceding rules, the courts, proceeding by analogy, shall impose corresponding penalties upon those guilty as principals of the frustrated felony, or of attempt to commit the same, and upon accomplices and accessories. TABULATION OF THE PROVISIONS OF THE CHAPTER

Penalty

Prescribe for

the crime

Penalty to be

imposed upon

the principal in

a frustrated

crime, and

accomplice in a

consummated

crime

Penalty to be

imposed upon

the principal in

an attempted

crime, the

accessory in the

consummated

crime and the

accomplices in

a frustrated

crime.

Penalty to be

imposed upon

the accessory in

a frustrated

crime, and the

accomplices in

an attempted

crime

Penalty to be

imposed upon

the accessory

in an attempted

crime

First Case Death Reclusion Perpetua

Reclusion

Temporal Prision Mayor Prision

Correccional

Second Case

Reclusion Perpetuato

Death

Reclusion Temporal

Prision Mayor Prision Correccional

Arresto Mayor

Third Case

Reclusion Temporalin

its maximum period to death

Prision Mayor in its

maximum period toreclusion temporal in its

medium period

Prision correccional in

its maximum period to prision mayor in its

medium period

Arresto Mayorin it s

maximum period toprision correccional in

its medium period

Fine andArresto Mayor in its minimum and medium periods

Fourth Case

Prision

Mayor in its maximum period toreclusion temporal in its medium

period.

Prision

correccional in its maximum period to prision mayor in its medium period.

Arresto

mayor in its maximum period to prision correccionalin its medium period.

Fine andArresto Mayorin its

minimum and medium periods

ART. 61 The rules provided in this Article should also apply in determining

the minimum of the Indeterminate Sentence Law (ISL). It also applies in lowering the penalty by one or two degrees by reason of the

presence of the privileged mitigating circumstance, or when the penalty is divisible and there are two or more mitigating

circumstances and there are no aggravating circumstances.

GRADUATED SCALE IN ART. 71

Indivisible Penalties: 1. Death 2. Reclusion Perpetua

Divisible Penalties:(maximum, medium, minimum)

1. Reclusion Temporal 2. Prision Correcional

3. Arresto Mayor 4. Destierro

5. Arresto Menor 6. Public Censure 7. Fine

RULES TO BE OBSERVED IN LOWERING THE PENALTY BY ONE OR

TWO DEGREES

Rule No. 1: when the penalty is single and indivisible (ex. RP), the penalty next lower

shall be reclusion temporal.

Rule No. 2: 1. when the penalty is composed of two indivisible penalties; or 2. when the penalty is composed of one or more divisible

penalties to be imposed to their full extent the penalty next lower in degree shall be that immediately following the

lesser of the penalties prescribed

Rule No. 3: when the penalty is composed of 1 or 2 indivisible penalties and the

maximum period of a divisible penalty Ex. penalty for murder is reclusion temporal to death. The

point of reference will be on the proper divisible penalty which is RT.

Under the 3 rule, the penalty next lower to RT is composed

of the medium and minimum periods of RT and the max of prision mayor.

Rules 4 and 5:

1. if the penalty prescribed in the Code consists of three periods corresponding to different divisible penalties, the penalty next lower is that consisting in the three periods down the

scale 2. if the penalty prescribed in the Code consists of two periods,

the penalty next lower is that consisting in two periods down the scale

3. if the penalty prescribed in the Code consists in only one period, the penalty next lower is the next period down in the scale

NOTE: Mitigating and Aggravating circumstances are first disregarded in the application of the rules for graduating penalties. It is only after the

penalty next lower in degree is already determined that the mitigating and aggravating circumstances should be considered.

Effect Of The Attendance Of Habitual Delinquency

SECTION TWO Rules for the Application of Penalties with Regard to the Mitigating and Aggravating

Circumstances, and Habitual Delinquency

ARTICLE 62. Effects of the Attendance of Mitigating or Aggravating Circumstances and of Habitual Delinquency. Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the following rules: 1. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of

increasing the penalty. 2. The same rule shall apply with respect to any aggravating circumstances inherent in the crime to such a degree that it must of necessity accompany the commission thereof. 3. Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private relations with the offended party, or from any other personal cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant. 4. The circumstances which consist in the material execution of the act, or in the means employed to accomplish it, shall serve to aggravate or mitigate the liability of

those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein. 5. Habitual delinquency shall have the following effects: (a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of which he be found guilty and to the additional penalty of prisin correccional in its medium and maximum periods; (b) Upon a fourth conviction the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prisin mayor in its minimum and medium periods; and (c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prisin mayor in its maximum period to reclusin temporal in its minimum period.

Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the offender, in conformity herewith, shall in no case exceed 30 years. For the purpose of this article, a person shall be deemed to be habitual delinquent, if within a period of ten years from the date of his release or last conviction of the crimes robo, hurto, estafa, or falsificacion, he is found guilty of any of said crimes a third time or oftener.

ART. 62

Effect Of The Attendance Of Mitigating Or Aggravating Circumstances And Of Habitual Delinquency

Par. 1:

Aggravating circumstances are not to be taken into account when: 1. they themselves constitute a crime. Ex. by means of fire arson 2. they are included by law in the definition of a crime

Par. 2: Same rules apply when the aggravating circumstance is inherent in the

crime

Par. 3: Aggravating or mitigating circumstances arising from any of the following

affect only those to whom such circumstances are attendant: 1. from the moral attributes of the offender

2. from his private relations w/ the offended party 3. from any other personal cause

Par. 4: the circumstances which consist of the following shall serve to

aggravate and mitigate the liability only of those who had knowledge of them at the time of the commission of the offense

1. material execution of the act 2. means employed to accomplish the crime

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:

1. Falsification 2. Robbery

3. Estafa 4. Theft

5. Serious or less serious physical injuries is found guilty of any of the said crimes a third time or oftener.

NOTES:

Effects of the circumstances: - Aggravating circumstances (generic and specific) have the effect of increasing the penalty, without however exceeding

the maximum period provided by law. - Mitigating circumstances have the effect of diminishing the

penalty. - Habitual delinquency has the effect, not only of increasing

the penalty because of recidivism which is generally implied in habitual delinquency, but also of imposing an additional

penalty. - Ten year period to be computed from the time of last release or conviction

- Subsequent crime must be committed after conviction of the former crime. Cases still pending are not to

be taken into consideration.

Habitual Delinquency and Recidivism Compared. 1. Habitual Delinquency - Crimes to be committed are specified

Recidivism - Same title 2. Habitual Delinquency - W/ in 10 years Recidivism - No time fixed by la