CRIMINAL LAW!!!What is Criminal Law?!A branch of law that defines crimes, treats of their nature, and provides for their punishment.!!What is a Crime?! It is an act committed or omitted in violation of a public law forbidding or commanding it.!!What are the sources of Philippine Criminal Law?!

1. Revised Penal Code!2. Special Penal Laws!3. Penal Presidential Decrees!!

Does Philippines recognize Common Law Crimes?!No. Common law crimes are body of principles, usages and rules of action which do not rest for their authority upon any express and positive declaration of the will of the legislature. In the Philippines, unless there be a particular provision in a penal code or law that defines and punishes the act or omission, no criminal liability is incurred by its commission or omission.!!Who has the authority or power to define and punish crimes?!The State has the authority, under its police power, to define and punish crimes, and to lay down the rules of criminal procedure.!!What are the Constitutional Limitations on the power of the lawmaking body to enact penal legislation?!

1. No ex post facto law or bill of attainder shall be enacted!

2. No person shall be held to answer for a criminal offense without due process of law!!

What is an ex post facto law?!1. It makes criminal an act done before the

passage of the law, and which was innocent when done, and punishes such an act!

2. It aggravates a crime, or makes it greater than it was when committed!

3. It changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed!

4. It alters legal rules of evidence, and authorizes conviction upon less or different testimony than what the law required at the time of the commission of the offense!

5. It assumes to regulate civil rights and remedies only but in effect, it imposes penalty or deprivation of a right for something which when done was lawful!

6. It deprives a person accused of a crime some lawful protection to which he has become entitled!!

What is a bill of attainder?!It is a legislative act which inflicts punishment without trial.!

Constitutional and Statutory rights of the accused.!

!What are the characteristics of Criminal Law?!

1. General – criminal law is binding on all persons who live or sojourn in Philippine territory!

2. Territorial – as a rule, penal laws of the 1

Philippines are enforceable only within its territory!

3. Prospective – crimes are punished under the laws in force at the time of their commission (Art. 366 RPC)!!

What are the exceptions to the General character of Criminal law?!

CRIMINAL LAW IN GENERALConstitution Statutory

1. R igh t t o a speedy d ispos i t ion o f the i r cases before all judicial, q u a s i - j u d i c i a l o r a d m i n i s t r a t i v e proceedings!

2. Right to due process of law!

3. Right to bail!4. Right against excessive

bail!5. Right to be heard!6. Right to remain silent!7. Right to a counsel!8. Right against torture,

v i o l e n c e , t h r e a t , intimidation or any other means which vitiate free will!

9. Right against secret d e t e n t i o n p l a c e s , solitary, incommunicado or other similar forms of detention!

10. Right against excessive fi n e s a n d a g a i n s t degrading, cruel or inhuman punishment!

11. Right against double jeopardy!

12. Right to free access to courts and adequate legal assistance to any person of poverty

1. R i g h t t o b e p r e s e n t a n d defend himself in person and by counsel!

2. Right to testify as a witness in his o w n b e h a l f subject to cross-examination!

3. Right to appeal

Similarities:!1. Right to presumption of innocence until proven

guilty!2. Right to be informed of the nature and cause of

the accusation against him!3. Right against self-incrimination cannot be

compelled to be a witness against himself!4. Right to confront and cross-examine witnesses

against him!5. Right to avail of compulsory processes to secure

the attendance of witnesses and production of evidence!

6. Right to have speedy, impartial and public trial

The extent of territorial jurisdiction of the Philippines for criminal law purposes is the scope of National Territory defined in the Constitution!1

1. Article 2 of RPC – except those provided in treaties and laws of preferential application !2 3

2. Article 14 of the New Civil Code – subject to the principles of public international law and to 4

treaty stipulations!!What are the exceptions to the Territorial application of Criminal law?!Art. 2 of RPC: Its provisions shall be enforced outside of the jurisdiction of the Philippines against those who:!

1. Should commit an offense while on a Philippine ship or airship!

2. Should forge or counterfeit any Philippine coin or currency note, or obligations and securities issued by the Government of the Philippines!

3. Should be liable for acts connected with the introduction into the Philippines of the obligations and securities mentioned in (2)!

4. While being public officers or employees, should commit an offense in the exercise of their functions!

5. Should commit any of the crimes against national security and the law of nations!!

What are the exceptions to the Prospective application of Criminal law?!When a new statute dealing with crime, establishes conditions more favorable to the accused, it can be given a retroactive effect.!!! Except:!

1. When the new law is expressly made inapplicable to pending actions or existing causes of action!

2. Where offender is a habitual criminal!!What are the effects when a penal law is repealed?!

1. If the repeal makes the penalty lighter new law shall be applied except for the exceptions mentioned above!

2. If the repeal imposes a heavier penalty apply the law in force at the time of commission of the offense!

3. If the new law totally repeals the existing law (absolute repeal) so that the act which was penalized under the old law is no longer punishable crime is obliterated!

4. When the new and old law penalize the same offense, offender can be tried under the old law!

5. When repealing law fails to penalize the offense under the old law accused cannot be convicted under the new law!

6. A person erroneously accused and convicted under a repealed statute may be punished under the repeal ing statute when act complained of was committed when the repealing statute is already in force!!

What is Self-Repealing law and its effects?!An act or law the expires by its own limitation. The effect is the same as though it had been repealed at the time of its expiration.!!

!When did the Revised Penal Code take effect?!This code shall take effect on the first day of January, 1932. [Art. 1 RPC]!!What are the two theories in Criminal Law?!

1. Classical Theory!2. Positivist Theory!

What is the scope of application of the provisions of the Revised Penal Code? [Art. 2 RPC]!General Rule: it applies within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone!!

Exception: those provided in treaties and laws of preferential application!!

Exception to the exception: even outside of the Philippine Archipelago, it applies to those who!

PRELIMINARY TITLE!Articles 1 and 2

Classical Positivist

Basis of criminal liability is human free will

Crime is essentially a social and natural phenomenon, and as such, cannot be treated and checked by the application of abstract principles but rather t h r o u g h e n f o r c e m e n t o f individual measures in each particular case

P u r p o s e o f t h e penalty is retribution

1. S h o u l d c o m m i t a n offense while o n a Philippine ship or airship

Philippine ship or airship is that which is registered in the Philippine Bureau of Customs.!!It is the registration which makes it Philippine ship or airship.

2. Should forge or counterfeit any Philippine c o i n o r currency note, or obligations and securities issued by the Government o f t h e Philippines

This applies to Art 163 (any person who makes false or counterfeit coins) and Art 166 (any person who forges treasury o r b a n k n o t e s o r o t h e r obligations and securities) even when done in a foreign country s o l o n g a s i t f o r g e s o r counterfeited Philippine currency

3. S h o u l d b e liable for acts c o n n e c t e d w i t h t h e in t roduc t ion i n t o t h e Philippines of the obligations and securities mentioned in (2)

Reason: dangerous to the economical interest of the country

Ex: Bases Agreement where the other party maintains jurisdiction over crimes committed inside the bases or those committed by any member of the armed forces of that country2

Ex: RA No. 75 provides for the immunities, rights and privileges of duly accredited foreign diplomatic representatives in the Philippines and his/her domestic servant3

Ex: It is a well-established principle of international law that diplomatic representatives possess immunity from criminal jurisdiction of the country of their sojourn and cannot be sued, 4arrested or punished by the law of that country This includes sovereigns and other chiefs of state, ambassadors, ministers plenipotentiary, ministers resident, and charges d’affaires. Hence, this does not include consuls

Which court has jurisdiction over crimes punishable under Art. 2?! Regional Trial Court.!!What are the rules regarding crimes committed on board a foreign merchant vessel?!General Rule: Just as our merchant ship is an extension of our territory, foreign merchant ship is considered an extension of the territory of the country to which it belongs. For this, an offense committed on the high seas on board a foreign merchant vessel is not triable by our courts.!!

Exception: For crimes or continuing crimes committed when the vessel is already within the three-mile limit of the Philippine jurisdiction!!

What are the rules as to jurisdiction over crimes committed aboard foreign merchant vessels while on territorial waters of another country?!

1. French Rule – such crimes are not triable in the courts of that country unless it affects peace and security of the territory, or safety of the state is endangered!

2. English Rule – such crimes are triable in that 5

country unless it merely affect things within the vessel, or they refer to internal management thereof !6!

What are the rules with regard offenses committed on board foreign warships in territorial waters?!Warships are always reputed to be the territory of the country to which they belong and cannot be subjected to the laws of another state.!!

!What are Felonies as defined in Art. 3 RPC?!Acts and omissions punishable by law are felonies (delitos).!!Felonies are committed not only by means of deceit 7

(dolo) but also by means of fault (culpa).!8!What are the elements of Felonies?!1. There must be an act or omission!2. Such act or omission must be punishable by RPC!3. Act is performed or omission incurred by means of

dolo or culpa!!What is “act” in relation to felonies?!It must be an external act which has direct connection 9

with the felony intended to be committed.!!What is “omission” in relation to felonies?!It is an inaction, or the failure to perform a positive duty which one is bound to do. !10!What is “punishable by law” in relation to felonies?!This is based on the maxim “nullum crimen, nulla poena sine lege”, that is, there is no crime where there is no law punishing it.!What are the Classification of Felonies by which they are committed?!

1. Intentional Felonies!2. Culpable Felonies!

4. Whi le being public officers or employees, should commit an offense in the exercise of their functions

Crimes which may be committed in the exerc i se o f pub l i c functions:!

a. Di rect and Ind i rect Bribery!

b. Frauds against public treasury!

c. P o s s e s s i o n o f prohibited interest!

d. Malversation of public funds or property!

e. Failure of accountable o f fi c e r t o r e n d e r accounts!

f. Illegal use of public funds or property!

g. Failure to make delivery o f pub l i c f unds o r property!

h. Falsification by a public officer or employee committed with abuse of his official position

5. S h o u l d commit any of t h e c r i m e s a g a i n s t n a t i o n a l security and t h e l a w o f nations

Crimes against national security and law of nations are:!

a. Treason!b. C o n s p i r a c y a n d

proposal to commit treason!

c. Espionage!d. Incit ing to war and

g i v i n g m o t i v e s f o r reprisals!

e. Violation of neutrality!f. Correspondence with

hostile country!g. F l i g h t t o e n e m y ’ s

country!h. Piracy and mutiny on

the high seas

MANNER OF INCURRING CRIMINAL LIABILITY!Article 3

Intentional Culpable

Committed by means of dolo or deceit

Committed by means of fault or culpa

The act or omission of the offender is malicious and performed with deliberate intent (malice)

The act or omission of the offender is not malicious

We adhere to the English Rule.5

Smoking opium constitutes a breach of public order, hence, triable in the Philippines.!6

There is deceit when the act is performed with deliberate intent.7

There is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.8! It is the external act that is punished, because internal acts are beyond the sphere of law.9

There must be a law requiring a certain act to be performed and the person required to do the act fails to perform it!10

!What are the reasons why the act or omission in felonies must be voluntarily made?!

1. The basis of criminal liability is human free will!2. Man is a rational being!3. In felonies by dolo, act is performed with

deliberate intent which must necessarily be voluntary; and in felonies by culpa, imprudence consists in voluntarily but without malice!!

What are the requisites of Dolo or Malice?!1. Freedom !11

2. Intelligence !12

3. Intent !13!How is intent shown?!It must be shown by overt acts of a person. Thus, criminal intent is presumed from the commission of an unlawful act.!!Is there an exception to the presumption of criminal intent?!

1. Actus non facit reum, nisi mens sit rea: A crime is not committed if the mind of the person performing to act complained by innocent!

2. Rebutted by proof of lack of such intent!!What is the effect of Ignorance of the Law?!It excuses no one from compliance therewith.!!What is Mistake of Fact and its effects?!It is a misapprehension of fact on the part of the person who caused injury to another. He is not criminally liable because he did not act with criminal intent.!!What are the requisites of Mistake of Fact as a Defense?!

1. Act done would have been lawful had the facts been as the accused believed them to be !14

2. Intention of the accused in performing the act should be lawful !15

3. Mistake must be without fault or carelessness on the part of the accused !16!

What are the requisites of Culpa or Fault?!1. Freedom!2. Intelligence!3. Imprudence or Lack of Skill, or Negligence or

Lack of Foresight !17!Will a person who caused damage or injury to another without malice or fault be criminally liable under RPC?!No. This is because felonies under the RPC should be committed either by means of deceit/dolo or fault/culpa.!!What is the third class of crimes?!Crimes punished under special laws.!!What are the rules with regard to crimes punished under special laws?!Dolo or criminal intent is not required, it being sufficient that the offender has the intent to perpetrate the act prohibited by the special law. Thus, it is enough that the prohibited act is done freely and consciously. !18!What is the reason why criminal intent is not necessary in crimes punishable by special law?!Doing of an act prohibited by a special law is considered injurious to public welfare; thus, mere doing of the prohibited act is a crime itself.!!Are good faith and absence of criminal intent valid defenses in crimes punishable by special laws?!No, since the offense is malum prohibitum punished by special law.!!Distinguish Mala in se and Mala prohibita.!

!Distinguish Intent from Motive.!

T h e o f f e n d e r , i n performing the act or incurring the omission, has the intention to cause an injury to another

The injury caused is unintentional, it being performed without malice

The wrongful act results from !

a. Imprudence!b. Negligence!c. Lack of foresight !d. Lack of skill

Acts or omissions must be voluntarily made

Mala in se Mala prohibita

Wrongful from their very na tu re o r i nhe ren t l y immoral

Wrong merely because it is prohibited by statute

Intent governs Only inquiry is: has the law been violated?

R e f e r s g e n e r a l l y t o fe lon ies defined and penalized by RPC

Refers generally to acts made criminal by special law

Intent Motive

P u r p o s e t o u s e a part icular means to effect such result

Moving power which impels one to action for a definite result

Thus, persons who act under compulsion of an irresistible force or under the impulse of an uncontrollable fear of an equal or greater injury is exempt from criminal liability11

Thus, imbecile or insane, and infant under 9 years of age as well as minor over 9 but less than 15 years old and acting without discernment, have no criminal liability because they act 12without intelligence

Intent presupposes the exercise of freedom and use of intelligence but a person who acts with freedom and intelligence may not have intent to do an injury to another!13

The act done by the accused would have constituted a justifying circumstance, an absolutory cause or an involuntary act14

Thus, when the accused made a mistake in killing one man instead of another cannot relieve him from criminal responsibility (error in personae or mistake in the identity of the victim)15

Thus, when the accused is negligent, mistake of fact is not a defense because there is no intent to consider as it is replaced by imprudence or lack of skill, or negligence or lack of 16foresight!

Thus, the injury caused to another should be unintentional, it being the incident of another act performed without malice!17

The act alone, irrespective of motives, constitutes the offense.!18

What are the rules with regard to Motive for purposes of conviction?!General rule: It is not an essential element of a crime; hence, it need not be proved for purposes of conviction!

Exceptions: motive is essential when !a. There is doubt as to the identity of the

assailant!b. Evidence is merely circumstantial!!

How Motive should be proved?!It should be established by testimony of witnesses on the acts or statements of the accused before or immediately after commission of offense.!!Is motive alone sufficient to support a conviction? !No. It should be coupled by reliable evidence.!!

!How can criminal liability be incurred? [Art. 4]!Criminal liability shall be incurred:!

1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended!

2. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means!!

What are the requisites to incur criminal liability under Art. 4(1)?!

1. Intentional felony has been committed !19

2. Wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed by the offender!!

When is there no felony committed?!1. When the act is not punishable by RPC!2. When one is acting in self-defense!!

Is there an exception to the requirement that an intentional felony must be committed?!Yes, in cases where a “man creates in another person’s mind an immediate sense of danger, which causes such person to try to escape, and, in so doing, the latter injures himself, the man who creates such a state of mind is responsible for the resulting injuries.!!What is the consequence of committing a felony with malice?!One who commits an intentional felony is responsible for all the consequences which may naturally and logically result therefrom, whether foreseen or intended or not. !20!!

What is the rationale of Art. 4(1)?!“He who is the cause of the cause is the cause of the evil caused.”!!What are the instances when a person is still criminally liable although the wrongful act done be different from that which he intended?!

1. Error in personae – mistake in the identity of the victim!

2. Aberratio ictus – mistake in the blow!3. Praeter intentionem – injurious result is greater

than that intended!!Is an offended party obliged to submit to a surgical operation to relieve the accused from the natural and ordinary results of his crime?!No. An accused is liable for all the consequences of his acts, and the infection of a wound he has caused is one of the consequences for which he is answerable. !21!What does “direct consequence” mean?!The felony committed must be the proximate cause of 22

the resulting injury.!!What does “natural consequence” mean?!It refers to an occurrence in the ordinary course of human life or events.!!What does “logical consequence” mean?!There is a rational connection between the act of the accused and the resulting injury or damage.!!What are some factors that do not alter or change the “cause and effect” relationship of the felonious act and its resultant injuries?!

a. Pathological condition of the victim!b. Predisposition of the victim!c. Concomitant or concurrent conditions !23

d. Conditions supervening the felonious act !24!When is the felony committed not the proximate cause of the resulting injury?!

a. There is an active force that intervened 25

between the felony committed and resulting injury, and the active force is a distinct act or fact absolutely foreign from the felonious act of the accused!

b. Resulting injury is due to the intentional act of the victim!!

When is death presumed to be the natural consequence of physical injuries inflicted?!

a. The victim at the time the physical injuries were inflicted was in normal health!

b. Death may be expected from the physical injuries inflicted!

c. Death ensued within a reasonable time!!

CRIMINAL LIABILITY!Article 4

No felony is committed when (a) act or omission is not punishable by the RPC, or (2) act is covered by any of the justifying circumstances enumerated in Art. 1119

One is not relieved from criminal liability for the natural consequences of one’s illegal acts merely because one does not intend to produce such consequences20! Note: the infection should not be due to the malicious act of offended party21! Proximate cause is that cause, which in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which, the result would not have 22

occurred!

Ex: Negligence or fault of the doctors23

Ex: Tetanus, pulmonary infection or gangrene!24

Ex: when a person struck another and knocked him down, and a horse near them jumped upon him and killed him25

What is the effect of the occurrence of a supervening event?!It may be the subject of amendment of original information or of a new charge without double jeopardy.!!Explain the concept of Art. 4(2).!It is the commission of an impossible crime indicative of propensity or criminal tendency on the part of the doer.!!What are the requisites of an impossible crime?!

1. Act performed would be an offense against persons or property!

2. Act was done with evil intent!3. Its accomplishment is inherently impossible , 26

or that the means employed is either inadequate or ineffectual!

4. Act performed should not constitute a violation of another provision of RPC!!

What is the penalty imposed for impossible crime? [Art. 59]!Arresto mayor or a fine ranging from P200 to P500.!!

!What is the duty of the court with regard to acts which should be repressed but which are not covered by law, or in cases of excessive penalties? [Art. 5]!Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of legislation.!!In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense.!!Can courts suspend the imposition of penalty that, in its opinion, excessive?!No. It is the duty of the judicial officers to respect and apply the law, regardless of their private opinions.!!What is the remedy of the offender in cases where the penalty to be imposed is excessive?!An executive clemency may be extended to such offender.!!

!

What is consummated felony? [Art. 6(2)]!A felony is consummated when all the elements 27

necessary for its execution and accomplishment are present.!!What is frustrated felony? [Art. 6(2)]!It is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.!!What is attempted felony? [Art. 6(3)]!There is an attempt when the offender commences the commission of a felony directly or overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance.!!What are the stages in the development of a crime?!

1. Internal acts !28

2. External acts!a. Preparatory acts !29

b. Acts of execution !30

i. Attempted iii. Consummated!ii. Frustrated!

What is an “over act”?!Some physical activity or deed indicating the intention to commit a particular crime, which if carried will logically and necessarily ripen into a concrete offense.!!What is the importance of the overt act or external acts in relation to the commission of a crime?!It must have a direct connection to the crime intended to be committed by the offender.!!What is an indeterminate offense?!It is one where the purpose of the offender in performing an act is not certain; its relation to its objective is ambiguous.!!What are the rules with regard to desistance? !It should be made before all the acts of execution are performed.!!Once having desisted, will it exempt the offender from all the criminal acts he/she has committed?!No. Spontaneous desistance of a malefactor exempts him from criminal liability for the intended crime but it does not exempt him from the crime already committed by him before his desistance.!!In what phase is the felon when committing an attempted felony?!The offender never passes the subjective phase of the offense. !31!Relate the kind of wound inflicted to the stage where it is at.!

a. Attempted – there was no wound inflicted or the wound inflicted is far from fatal!

DUTY OF THE COURTS!Article 5

STAGES OF COMMISSION OF A FELONY!Article 6

It must either be (a) legal impossibility or (b) physical impossibility26

The phrase “all the elements” refers to the elements of a particular crime27

Mere ideas in the mind of a person are not punishable even if, had they been carried out, they would constitute a crime28

Ordinarily are not punishable EXCEPT when law provides for their punishment in certain felonies, such as, proposal and conspiracy to commit a felony29

These should be punishable under RPC!30

Subjective phase = that portion of the acts constituting the crime, starting from the point where the offender begins the commission of the crime to that point where he has still control 31over his acts, including their natural course

b. Frustrated – the wound inflicted is not mortal!c. Consummated – the wound inflicted is mortal!!

What is the importance of “causes independent of the will of the perpetrator” in frustrated stage?!If the crime is not produced because of timely intervention of a third person, it is frustrated.!!If the crime is not produced because the offender himself prevented its consummation, there is no frustrated felony, for the 4th element is not present.!!Distinguish attempted felony, frustrated felony, and impossible crime.!

How to determine whether the crime is only attempted, frustrated or consummated?!

a. Nature of the offense!b. Elements constituting the felony!c. Manner of committing the same!!

What are the manners of committing the crime?!1. Formal crimes – consummated in one instant, 32

no attempt!2. Crimes consummated by mere attempt or

proposal or by overt act !33

3. Felony by omission – no attempted stage because the offender does not execute acts!

4. Crimes requiring intervention of two persons to commit them are consummated by agreement !34

5. Material crimes – there are 3 stages of 35

execution!!

!What are light felonies? [Art. 9(3)]!

These are infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding P200, or both, is provided.!!When are light felonies punishable? [Art. 7]!General rule: Light felonies are punishable only when they have been consummated!!

Exception: with the exception of those committed against persons or property!!

What are the light felonies punished by RPC? [TAMIS]!

a. Theft!b. Alteration of boundary marks!c. Malicious mischief!d. Intriguing against honor!e. Slight physical injuries!!

What are less grave felonies? [Art. 9(2)]!Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with Art. 25.!!What are grave felonies? [Art. 9(1)]!Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25.!!What is the importance of Art. 9?!It classifies felonies according to their gravity by the penalties attached to them by law.!!What is capital punishment under our penal system?!It is death penalty. !36!!What are the rules when the penalty prescribed for the offense is composed of two or more distinct penalties?!

a. If the higher or highest of the penalties is an afflictive penalty, then it is deemed as grave felony!

b. If the higher or highest of the penalties is an correctional penalty, then it is deemed as less grave felony!!

!When is there conspiracy? [Art. 8(2)]!A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.!!When is there proposal? [Art. 8(3)]!There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.!

Attempted Frustrated Impossible Crime

Offender has not accomplished his criminal purpose

Offender merely commences the commission of a felony directly by overt acts and d o e s n o t perform all the acts of execution

Of fende r has performed all the acts of execution w h i c h w o u l d p r o d u c e t h e f e l o n y a s a consequence

Offender has not p a s s e d t h e subjective phase

Of fende r has r e a c h e d t h e objective phase

T h e r e i s n o a t t e m p t e d o r frustrated stage

Evil intent of the offender is not accomplished

Evil intent of the offender is possible of accomplishment

Evil intent of the offender cannot be accomplished

GRAVE, LESS GRAVE AND LIGHT FELONIES!Articles 7 and 9

CONSPIRACY AND PROPOSAL TO COMMIT FELONY!Article 8

Ex: slander, false testimony or sale of prohibited drugs32

Ex: flight to enemy’s country or corruption of minors33

The offer made by one of the parties to the other constitutes attempted felony if the offer is rejected34

Attempted, frustrated, consummated35

RA 9346 AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES!36The imposition of the penalty of death is hereby prohibited. In lieu of the death penalty, the following shall be imposed.!

a. Penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code!b. Penalty of life imprisonment, when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code!

When are conspiracy and proposal to commit felony punishable? [Art. 8(1)]!Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor. !37!Describe conspiracy as a manner of incurring criminal liability.!Conspiracy relates to a crime actually committed, where the act of one is the act of all.!!Conspiracy under this is not punishable as a separate offense.!!What are the requisites of conspiracy?!1. Two or more persons came to an agreement !38

2. Agreement concerned the commission of a felony !39

3. The execution of the felony be decided upon!!How is conspiracy established?!It must be established by positive and conclusive evidence, need not be direct proof. It must be shown to exist as clearly and convincingly as the commission of the crimes itself. !40!What are the requisites of proposal?!

1. A person has decided to commit a felony!2. He proposes its execution to some other person

or persons!!When is there no criminal proposal?!

1. When the person who proposes is not determined to commit the felony!

2. When there is no decided, concrete and formal proposal!

3. When it is not the execution of a felony that is proposed!!

Is it necessary that the person to whom the proposal is made agrees to the felony?!No. The law does not require that the proposal be accepted by the person to whom proposal is made. If it is accepted, it may be conspiracy.!!

!Are offenses punishable under special laws subject to the provisions of the RPC? [Art. 10]!General rule: Offenses which are or in the future may be punishable under special laws are not subject to the provisions of RPC!!

Exception: RPC shall be supplementary to such laws !41!

Exception to the exception: unless the special law specially provides that RPC will not apply suppletorily!!

What are special laws?!It is a penal law, a statute enacted by the legislative branch, which punishes acts not defined and penalized by the RPC.!!What are the rules regarding stages of commission under a special law?!Attempted or frustrated stage of the execution of an offense penalized by a special law is not punishable unless the special law provides a penalty therefor.!!

!What are the circumstances that affect criminal liability?!

1. Justifying circumstances!2. Exempting circumstances!3. Absolutory causes!4. Mitigating circumstances!5. Aggravating circumstances!6. Alternative circumstances!!

What is imputability?!it is the quality by which an act may be ascribed to a person as its author or owner.!!What is responsibility?!It is the obligation of suffering and consequences of crime.!!

!What are justifying circumstances?!The act of the person is said to be in accordance with law, so that such person is deemed not to have transgressed the law and is free from both criminal and civil liability. !42!

!Check the table chart for the enumeration!!!What is the effect if there exists a justifying circumstance?!The person does not incur any criminal liability being there is no crime committed, the act being justified.!!Who has the burden of proving the presence of any of the justifying circumstances?!It is incumbent upon the accused.!!

!What are exempting circumstances?!These are 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.!

APPLICATION OF THE RPC TO CRIMES PUNISHABLE BY SPECIAL LAWS!

Article 10

CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY

JUSTIFYING CIRCUMSTANCES!Article 11

EXEMPTING CIRCUMSTANCES AND OTHER ABSOLUTORY CAUSES!

Article 12

Ex: Conspiracy and proposal to commit treason, coup d’etat, rebellion or insurrection, or conspiracy to commit sedition37

Agreement presupposes meeting of the minds of two or more persons38

It must be an agreement to act, effect, or bring about what has already been conceived and determined39

Mere presence of a person at the scene of the crime does not make him a conspirator for conspiracy transcends companionship40

Supplementary = supply what is lacking41

However, avoidance of greater evil or injury will incur civil liability42

What is the basis for the exemption from punishment?!Complete absence of intelligence, freedom of action, or intent, or on the absence of negligence on the part of the accused.!!Is there a crime committed under exempting circumstance?!Yes. One who acts by virtue of any of the exempting circumstances commits a crime, although by the complete absence of any of the conditions which constitute free will or voluntariness of the act, no criminal liability arise.!!

!Check the table chart for the enumeration!!!What are absolutory causes?!Where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed.!!Enumerate the absolutory causes.!

a. Justifying circumstances!b. Exempting circumstances!c. Spontaneous desistance during attempted case!d. Light felony is only attempted or frustrated, and

is not against persons or property!e. Accessory is a relative of the principal!f. Legal grounds for arbitrary detention!g. Legal grounds for trespass!h. Crime of theft, swindling or malicious mischief is

committed against a relative!i. When only slight or less serious physical

injuries are inflicted by the person who surprised his spouse or daughter in the act of sexual intercourse with another person!

j. Marriage of the offender with the offended party when the crime committed is rape, abduction, seduction or acts of lasciviousness!

k. Instigation—based on a sound public policy requiring the courts to condemn this practice by directing the acquittal of the accused!!

Why is instigation an absolutory cause?!The instigator, usually by public officers or private detectives, practically induces the would-be accused into the commission of the offense and he, himself, becomes a co-principal!!What is entrapment?!Ways and means are resolved to for the purpose of trapping and capturing the lawbreaker in the execution of his criminal plan. This is not an absolutory cause.!!What are complete defenses in criminal cases?!

1. Elements proved do not constitute any crime!2. Act falls under any of the justifying or exempting

circumstances, or other absolutory causes!3. Guilt of the accused is not established beyond

reasonable doubt!4. Prescription of crimes!5. Pardon by the offended party before the

institution of criminal action in crime against chastity!!

!!

What are mitigating circumstances?!These are actions that, if present in the commission of the crime, do not entirely free the actor from criminal liability, but serve only to reduce the penalty.!!What are the classes of mitigating circumstances?!

1. Ordinary mitigating!2. Privileged mitigating!!

Distinguish ordinary from privileged mitigating circumstances.!

!!Check the table chart for the enumeration!!!

What are circumstances that are neither exempting or mitigating?!

1. Mistake in the blow!2. Mistake in the identity!3. Entrapment of the accused!4. Accused is over 18 years old!5. Performance of a righteous action!!

!What are aggravating circumstances?!These are actions that, if present in the commission of the crime, serve to increase the penalty without exceeding the maximum of the penalty provided by law for the offense.!!What are factors that show greater perversity of the offender?!

1. Motivating power itself!2. Place of commission!3. Means and ways employed!4. Time!5. Personal circumstances of the offender or

offended party!!MITIGATING CIRCUMSTANCES!

Article 13

Ordinary Mitigating Privileged Mitigating

Those enumerated in subsections 1-10

1. RA 9344 – those under 18 years of age!

2. Crime committed is n o t w h o l l y excusable provided that the majority of such conditions be present!

3. When there are 2 or m o r e m i t i g a t i n g circumstances and n o a g g r a v a t i n g circumstances are present

Susceptible of being offset by any aggravating circumstance

C a n n o t b e o f f s e t b y aggravating circumstance

If there is no offset, it produces only the effect of applying the penalty provided by law for the crime in its minimum period

Produces the effect of imposing upon the offender the penalty lower by one or 2 d e g r e e s t h a n t h a t provided by law for the crime

AGGRAVATING CIRCUMSTANCES!Article 14

What are the 4 kinds of aggravating circumstances?!1. Generic – it applies to all crimes!2. Specific – it applies to specific crimes only!3. Qualifying – it changes the nature of the crime!4. Inherent – those that must of necessity

accompany the commission of the crime!!Distinguish generic aggravating from qualifying aggravating.!

!What aggravating circumstances that do not have the effect of increasing the penalty?!

1. Those which in themselves constitute a crime specially punishable by law!

2. Those which are included by the law in defining a crime and prescribing the penalty therefor!

3. Those which are inherent in the crime!!What aggravating circumstances that are personal to the offender?!

1. Those which arise from moral attributes of the offender!

2. Those which arise from his private relations with the offended party!

3. Those which arise from any other personal cause!!

!Check the table chart for the enumeration!!!

!What are alternative circumstances? [Art. 15(1)]!Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission.!!Enumerate the alternative circumstances. [Art. 15(1)]!

1. Relationship!2. Intoxication!3. Degree of instruction and education!!

When are the alternative circumstances taken into consideration? [Art. 15(2)]!When the offended party is the (enumeration) of the offender:!

1. Spouse!2. Ascendant!3. Descendant!4. Legitimate, natural or adopted brother or sister!5. Relative by affinity in the same degree!!

Are there other relatives covered by the provision?!Yes. These are stepfather or stepmother, and stepson or stepdaughter!!What relationships are not included?!Uncle and niece.!When relationship is mitigating, exempting, aggravating, or neither?!

Generic Qualifying

Those not offset by any mitigating circumstance will increase the penalty which should be imposed upon the accused to the maximum period

It gives the crime its proper and exclusive name

May be compensated by a mitigating circumstance

Cannot be offset by a m i t i g a t i n g circumstance

Must be alleged in the information because these are not presumed

ALTERNATIVE CIRCUMSTANCES!Article 15

Mitigating Cr imes aga ins t property (Art. 332)!

a. Robbery!b. Usurpation!c. Fraudu len t

insolvency!d. Arson!e. Trespass to

dwelling

Exempting Cr imes aga ins t property (Art. 332)!

a. Theft!b. Swindling!c. M a l i c i o u s

mischief!

N o c r i m i n a l liability incurred, only civil liability!!C a u s e d o r c o m m i t t e d m u t u a l l y b y s p o u s e s , a s c e n d a n t s , descendants, or r e l a t i v e s b y affinity in the s a m e l i n e , b ro the rs and s i s t e r s , a n d brothers-in-law and sisters-in-law, IF LIVING TOGETHER

Cr imes aga ins t persons!

a. L e s s s e r i o u s p h y s i c a l injuries!

b. S l i g h t p h y s i c a l injuries

Offended party must be lower in degree than the offender

Aggravating Cr imes aga ins t persons!

a. S e r i o u s p h y s i c a l injuries!

b. Homicide or murder

Cr imes aga ins t persons!

a. L e s s s e r i o u s p h y s i c a l injuries!

b. S l i g h t p h y s i c a l injuries

Offended party s h o u l d b e higher in degree t h a n t h e offender

!What is intoxication?!It diminishes the agent’s capacity to know the injustice of his acts and his will to act accordingly.!What is state of intoxication?!Offender’s mental faculties must be affected by drunkenness.!!When is intoxication a mitigating circumstance? [Art. 15(3)]!When the offender has committed a felony in a state of intoxication if the same is not habitual or subsequent to the plan to commit said felony.!!Thus, his exercise of will power is impaired by intoxication which is!

a. Not habitual!b. Not subsequent to the plant to commit a crime

or felony!!When is intoxication an aggravating circumstance? [Art. 15(3)]!When the intoxication is habitual or intentional.!!Thus, offender resorted to it in order to bolster his courage to commit a crime.!!What is the presumption in case of intoxication?!Intoxication is presume to be non-habitual or unintentional.!!When is degree of instruction and education mitigating, aggravating or neither?!

!What are the requisites of lack of instruction?!Someone who has not received any instruction (both must concur)!

a. Illiteracy!b. Lack of sufficient intelligence!

Is there a presumption of lack of instruction?!No. it must be proved positively and directly, and cannot be based on mere deduction or inference.!!

!Who are criminally liable for grave and less grave felonies? [Art. 16]!

a. Principals!b. Accomplices!c. Accessories!!

Who are criminally liable for light felonies? [Art. 16]!a. Principals!b. Accomplices!!

Who are parties in a crime?!a. Active subject = criminal!b. Passive subject = injured party!!

Who can be active subjects?!General rule: Only natural persons can be the subject of crime!!

Exception: Corporations may be held criminally liable under Corporation Law, Public Service Law, Securities Law, or Election Code!!

Why are only natural persons can be active subjects?!

1. RPC requires that the culprit should have acted with personal malice or negligence!

2. A juridical person cannot commit a crime in which a willful purpose or a malicious intent is required!

3. There is substitution of deprivation of liberty for pecuniary penalties in case of insolvency!

4. Other penalties consisting in imprisonment and other deprivation of liberty can be executed only against individuals!!

Who can be passive subjects?!General rule: living man, juridical entity, state!!

Exception: Dead man can the a passive subject under Defamation (Art. 353)!!

!Who are principals? [Art. 17]!

1. Those who take a direct part in the execution of the act!

2. Those who directly force or induce others to commit it!

3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished!!

What are the 3 kinds of principals?!

Cr imes aga ins t chastity!

a. Rape!b. A c t s o f

lasciviousness

N e i t h e r m i t i g a t i n g n o r aggravating

a. Parricide!b. Adultery!c. Concubinag

e

Relationship is i n s e p a r a b l e f r o m a n d inherent in the offense

Mitigating Low degree or lack of instruction is mitigating in all crimes

Aggravating a. High degree of instruction and education!

b. O f f e n d e r a v a i l s a n d t o o k advantage of it in committing the crime

N o t Mitigating

a. Estafa!b. Theft!c. Robbery!d. Arson!e. Rape!f. Adultery!g. Treason!h. Murder

PERSONS CRIMINALLY LIABLE FOR FELONIES!Article 16

PRINCIPALS!Article 17

Principals by D i r e c t Participation (1)

What are the requisites?!a. T w o o r m o r e p e r s o n s

participated in the criminal resolution (conspiracy)!

b. They carried out their plan and personally took part in its execut ion by acts which directly tended to the same end!!

When is there conspiracy?!T h e r e m u s t b e i n t e n t i o n a l participation with a view to the furtherance of common design and purpose!!When does conspiracy exist?!At the very instant the plotters agree, expressly or impliedly, to commit the felony and forthwith decide to pursue it.!!How conspiracy be established?!It must be established by positive and conclusive evidence.!!Is a formal agreement necessary?!No, formal agreement or previous acquaintance among the conspirators necessary!When is unity of purpose and intention implied?!

a. Spontaneous agreement!b. Active cooperation by all

offenders!c. Contributing by positive acts

to the real izat ion of a common criminal intent!

d. P r e s e n c e d u r i n g t h e commission of the crime by a band and lending moral support thereto!

e. Crime is committed by a band!!

What is the responsibility of the conspirators?!General rule: there is collective criminal responsibility (the act of one is the act of all)!!Exception: (a) parricide (b) murder with treachery!!What is the responsibility of the conspirators if conspiracy has not been proven?!Each of the offenders is liable only for the act performed by him.!!What is the effect of the doctrine “the act of one is the act of all”?!Conspirator is liable for another’s conspirator’s acts even if it differs radically and substantially from that which they intended to commit.!!I s c o n s p i r a c y t r e a t e d a s a n aggravating circumstance?!No, it is merely a manner of incurring

Principals by Induction (2)

What is inducement?!It comprises of price, promise of reward, command and pacto.!!What are two ways of becoming principal by induction?!

a. By directly forcing another to commit a crime!

1. By using irresistible force!

2. B y c a u s i n g uncontrollable fear!

b. By directly inducing another to commit a crime!

1. By g iv ing pr ice , o r o f f e r i n g r e w a r d o r promise!

2. B y u s i n g w o r d s o f command!!

What are the requisites?!a. Inducement be made directly

w i t h t h e i n t e n t i o n o f procuring the commission of the crime!

b. Such inducement be the determining cause of the commission of the crime by the material executor!!

What are the requisites for using words of command as a moving cause of the offense?!

a. One uttering the words of command must have the intention of procuring the commission of the crime!

b. O n e w h o m a d e t h e command must have an ascendancy or influence over the persons who acted!

• Not necessary when there is conspiracy!

c. Words used must be so direct, so efficacious, so powerful as to amount to physical or moral coercion!

d. Words of command must be u t t e r e d p r i o r t o t h e commission of the crime!

e. Material executor of the crime has no personal reason to commit the crime

!Discuss the collective criminal responsibility and individual criminal responsibility.!

!

!Who are accomplices? [Art. 18]!Accomplices are those who, not being deemed principals, cooperate in the execution of the offense by previous or simultaneous acts.!!What is quasi-collective responsibility?!Some of the offenders in the crime are principals and others are accomplices.!!When should an accomplice participate?!Participation of an accomplice presupposes the commission of the crime by the principal by direct participation.!What is the rule when there is doubt whether one participated as principal or accomplice?!Participation of the offender will be considered that of an accomplice rather than that of a principal.!!Distinguish accomplice from conspirator.!

!What are the requisites to be deemed as accomplice?!

1. There be community of design where!2. He cooperates in the execution of the offense

by previous or simultaneous acts!3. His cooperation is made with the intention of

supplying material or moral aid in the execution of the crime in an efficacious way!!

How accomplices acquire knowledge of the criminal design of the principal?!

a. When principal informs or tells the accomplice of the former’s criminal purpose!

b. When the accomplice saw the criminal acts of the principal!!

Distinguish accomplice from principal in general, principal by cooperation and principal by direct participation.!

!

!Who are accessories? [Art. 19(1)]!Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission.!!H o w d o a c c e s s o r i e s p a r t i c i p a t e ? [ A r t . 19(enumeration)]!

1. By profiting themselves or assisting the offender to profit by the effects of the crime!

2. By concealing or destroying the body of the crime or the effects or instruments thereof, in order to prevent its discovery!

3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is

Principals by Indispensable Cooperation (3)

What is cooperate?!To desire or wish in common a thing.!!What are the requisites?!

a. Participation in the criminal resolution!

b. C o o p e r a t i o n i n t h e commission of the offense by performing another act, without which it would not have been accomplished!!

When should the principal participate in the criminal resolution?!Anterior to conspiracy or unity of criminal purpose and intention immediately before the commission of the crime charged.!!What is the effect if the cooperation is not indispensable?!The offender would be deemed as accomplice.

Principal by Direct

Participation

Principal by Inducement

Principal by Indispensable Cooperation

Collective √ √ √

Individual In the absence of conspiracy, unity of c r i m i n a l p u r p o s e a n d i n t e n t i o n immediately before the commission of the crime, or community of criminal design

ACCOMPLICES!Article 18

Accomplice Conspirator

Both know and agree with the criminal design

Knows the criminal intention after the principals have reached the decision and only agrees to cooperate in its execution

Knows the criminal intention because they have decided upon such course of action

When he concurs with the criminal intention, he becomes a principal

Accomplice Principal by Direct Participation

Principal by Cooperation

Does not take direct part in the commission of the act

Participation is n o t indispensable

Cooperation is indispensable

There is community of criminal design

As to the acts performed, there is no clear-cut distinction, that is why, in case of doubt, it shall be presumed to be acts of an accomplice

ACCESSORIES!Article 19

guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime!!

What are the two classes of accessories?!1. Public officers who harbor, conceal or assist in

the escape of the principal of any crime, except light felony, with abuse of his public functions !43

2. Private persons who harbor, conceal or assist in the escape of author of the crime who is guilty of!

a. Treason!b. Parricide!c. Murder!d. Attempt against the life of the President!e. Principal is known to be habitually guilty of

some other crime (the accomplice must have knowledge of this fact)!!

When is conviction of accessory possible despite acquittal of the principal?!When there is a finding that a crime was in fact committed but the principal was not being held criminally liable because of exempting circumstance.!!Is it important that principal be made criminally liable before an accessory be convicted?!No. Where commission of the crime and the responsibility of the accused as an accessory are establ ished, the accessory can be convicted notwithstanding the acquittal of the principal.!!Dist inguish accessory from principal and accomplice.!

a. Accessory does not take direct part or cooperate in, or induce, the commission of the crime!

b. Accessory does not cooperate in the commission of the offense by acts either prior to or simultaneous therewith!

c. Participation of the accessory in all cases always takes place after the commission of the crime!!

Who are the accessories that are exempt from criminal liability? [Art. 20]!When the principal is the accessory’s!

a. Spouse!b. Ascendant!c. Descendant!d. Legitimate, natural or adopted brother, sister or

relative by affinity within the same degree!

When is an accessory not exempt despite the presence of relationship? [Art. 20]!

1. Accessory profited by the effects of the crime!2. Accessory assisted the offender to profit by the

effects of the crime!!!What is penalty?!It is the suffering that is inflicted by the State for the transgression of a law.!!What are the juridical conditions for penalty?!

a. Productive of suffering, without affecting the integrity of the human personality!

b. Commensurate with the offense !44

c. Personal !45

d. Legal !46

e. Certain !47

f. Equal for all!g. Correctional!!

What are the theories justifying penalty?!a. Prevention !48

b. Self-defense !49

c. Reformation !50

d. Exemplarity !51

e. Justice !52!What are the three-fold purpose of penalty?!

a. Retribution or expiation !53

b. Correction or reformation !54

c. Social defense !55!What are some constitutional restrictions on penalties?!

1. Excessive fines shall not be imposed!2. Cruel and unusual punishment shall not be

inflicted !56!When may penalties be imposed? [Art. 21]!No felony shall be punishable by any penalty not prescribed by law prior to its commission.!!What are the rules with regard the retroactive effect of penal laws? [Art. 22]!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, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same.!!

PENALTIES

Additional penalty to be imposed:!43a. Absolute perpetual disqualification, if the principal offender is guilty of a grave felony!b. Absolute temporary disqualification, if the principal offender is guilty of less grave felony Different crimes must be punished with different penalties44

No one should be punished for the crime of another45

It is the consequence of a judgment according to law46

No one may escape its effects47

To prevent or suppress the danger to the State arising from the criminal acts of the offender48

Right to punish criminal as a measure of self-defense so as to protect society from the threat and wrong inflicted by the criminal49

To correct and reform the offender50

To serve as an example to deter others from committing crimes51

An act of retributive justice, a vindication of absolute right and moral law violated by the criminal52

The penalty is commensurate with the gravity of the offense53

Regulate the execution of the penalties consisting in deprivation of liberty54

Shown by its inflexible severity to recidivists and habitual delinquents55

Cruel and unusual = disproportionate to the offense committed as to shock the moral sense of all reasonable men as to what is right and proper under the circumstances56

When a favorable new statute may apply retroactively?!

1. Crime has been committed and prosecution begins!

2. Sentence has been passed but service has not begun!

3. Sentence is being carried out!!When criminal liability under the repealed law subsists?!

1. When provision of the former law are re-enacted!

2. When the repeal is by implication!3. When there is a saving clause!!

What is the rule with regard repel of a penal law which impliedly repealed an old penal law?!It revives the prior penal law unless the language of the repealing statute provides otherwise.!!What is the effect of pardon by the offended party? [Art. 23]!General rule: Pardon of the offended party does not extinguish criminal action!

Exception: Pardon of a crime under Art. 344 (adultery and concubinage)!!

How can civil liability be extinguished? [Art. 23]!Civil liability with regard to the interest of the injured party is extinguished by his express waiver!!When should pardon under Art. 344 be made?!It shall be made before the institution of criminal prosecution.!!Who may give pardon under Art. 344?!

a. In cases of adultery and concubinage, it is the offended spouse and the pardon must extend to both parties (the other spouse and the paramour/concubine)!

b. In crimes of seduction, abduction, rape or acts of lasciviousness, offended party or her parents, grandparents or guardian!!

What is the effect of pardon under Art. 344?!Offended party cannot institute criminal action.!!How is criminal liability under Art. 344 extinguished?!By marriage between offender and offended party.!!What are measures of prevention or safety which are not considered penalties? [Art. 24]!

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 Art. 80 and for the purposes specified therein!

3. Suspension from the employment of public office during the trial or in order to institute proceedings!

4. Fines and other corrective measures which, in the exercise of their administrative 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!!

!What are principal penalties? [Art. 25]!A. Principal Penalties !57

1. Capital Punishment!i. Death!

2. Afflictive penalties!i. Reclusion perpetua!ii. Reclusion temporal!iii. Pe rpe tua l o r t empora ry abso lu te 58

disqualification !59

iv. P e r p e t u a l o r t e m p o r a r y s p e c i a l disqualification!

v. Prision mayor!3. Correctional penalties!

i. Prision correccional! iii. Suspension!ii. Arrestor mayor! iv. Destierro!

4. Light penalties!i. Arresto menor! ii. Public censure!

5. Penalties common to the 3 preceding classes!i. Fine!! ii. Bond to keep the peace!

What are accessory penalties? [Art. 25]!B. Accessory Penalties !60

1. Perpetual or temporary absolute disqualification!2. Perpetual or temporary special disqualification!3. Suspension from public office, the right to vote

and be voted for, the profession or calling!4. Civil interdiction!5. Indemnification!6. Forfeiture or confiscation of instruments and

proceeds of the offense!7. Payment of cost!!

When is fine afflictive, correctional or light penalty? [Art. 26]!A fine, whether imposed as a single or as an alternative penalty, shall be considered an!

1. Afflictive penalty—exceeds 6,000 pesos!2. Correctional penalty—200 to 6,000 pesos!3. Light penalty—less than 200 pesos!!

!What is the duration of each penalties? [Art. 27] and the other accessory penalties that are inherent in each penalty? [Arts. 40-44]!

CLASSIFICATION OF PENALTIES

DURATION AND EFFECT OF PENALTIES

Those which are expressly imposed by the court in the judgment of conviction57! Perpetual absolute disqualification is effective during the lifetime of the convict and even after the service of the sentence58

Temporary absolute disqualification lasts during the term of the sentence and is removed after the service of the sentence!59

Those that are deemed included in the imposition of the principal penalties60

!What is the rule in case accessory penalties are expressly remitted in the pardon? [Arts. 40-44]!It will not be imposed.!!Should accessory penalty be expressly imposed?!No, the are deemed imposed.!!In what cases is Destierro being imposed?!

1. Art. 247—Serious physical injuries or death under exceptional circumstances!

2. Art. 284—in case of failure to give bond for good behavior!

3. Art. 334—as a penalty for the concubine in concubinage!

4. In cases where after reducing the penalty by one or more degrees Destierro is the proper penalty!!

What are the rules in computing the penalties? [Art. 28]!

1. When the offender is in prison—the duration of the temporary penalties 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 consisting of deprivation of liberty, is from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty!

3. The duration of the other penalties—from the day on which the offender commences to serve his sentence!!

What is the rule if it is on appeal?!His service of sentence should commence from the date of the promulgation of the decision of the appellate court!!

Death W h e n i t i s n o t executed by reason of commutation or pardon, it shall carry!a. P e r p e t u a l

a b s o l u t e disqualification!

b. C i v i l interdiction for 30 years

R e c l u s i o n perpetua

20 years and 1 d a y T O 4 0 years

a. P e r p e t u a l a b s o l u t e disqualification !

b. C i v i l interdiction for life or during the period of the sentence as the case may be

R e c l u s i o n temporal

12 years and 1 d a y T O 2 0 years

Prision mayor a n d Te m p o r a r y Disqualification

6 years and 1 d a y T O 1 2 years!!Except when t h e disqualification is imposed as an accessory p e n a l t y , i n which case, its duration is that of the principal penalty

Prision mayor shall carry!a. T e m p o r a r y

a b s o l u t e disqualification!

b. P e r p e t u a l s p e c i a l disqualification from suffrage!

P r i s i o n correccional, Suspension, and Destierro

6 months and 1 day TO 6 years!!Except when suspension is imposed as an a c c e s s o r y p e n a l t y , i n which case, its duration shall be that of the p r i n c i p a l penalty

Prision correccional shall carry!a. S u s p e n s i o n

f r o m p u b l i c o f fi c e , profession, or calling!

b. P e r p e t u a l s p e c i a l disqualification from suffrage !!

If the duration of i m p r i s o n m e n t exceeds 18 months

Arresto mayor 1 month and 1 d a y T O 6 months

a. Suspension of the r igh t to hold office!

b. Suspension of

Arresto menor 1 day TO 30 days

b. Suspension of the r igh t o f suffrage!!

During the term of the sentence!!Other rules:!Absolute pardon for any crime for which 1 year imprisonment or more was meted out restores the p r i s o n e r o f h i s political rights!!Where the penalty is less than 1 year, disqualification does not attach, except when the crime is committed against property

Bond to keep the peace

Period during which the bond s h a l l b e e f f e c t i v e i s discret ionary on the court

What are the rules in cases of temporary penalties ?!61

a. If offender is under detention—Rule 1 applies!b. If not under detention—Rule 3 applies!!

What are the rules in cases of deprivation of liberty ?!62

a. When offender is not in prison—Rule 2 applies!b. I f o f fender i s undergo ing p reven t i ve

imprisonment—Rule 3 applies!!When is there preventive imprisonment?!The accused undergoes preventive imprisonment when the offense charged is non-bailable, or even if bailable, he cannot furnish the required bail.!!Is a detention prisoner allowed to deduct the time of his/her preventive imprisonment from the term of his/her imprisonment? [Art. 29(1)]!General rule: Yes if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners!!

Exception:!a. When they are recidivists, or have been

convicted previously twice or more times of any crime!

b. When upon being summoned for the execution of their sentence, they have failed to surrender voluntarily!!

What is the rule when the detention prisoner did not agree to abide by the same disciplinary rules imposed upon convicted persons? [Art. 29(2)] !63

He/she is still allowed to deduct the time of his/her preventive imprisonment from the term of his/her imprisonment but only to the extent of 4/5 of the time during which he/she has undergone preventive imprisonment.!!What is the rule when an accused has undergone preventive imprisonment for a period equal to or more than the possible maximum period of imprisonment for the offense charged to which he may be sentenced and his case is not yet terminated? [Art. 29(3)]!He shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal!!What is the rule if the maximum penalty to which the accused may be sentenced is destierro? [Art. 29(3)]!He shall be released after 30 days of preventive imprisonment.!!In what cases will the accused be released immediately by virtue of undergoing a preventive imprisonment?!

1. If the penalty imposed after trial is less than the full time or 4/5 of the time of the preventive imprisonment!

2. Whenever the accused has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment for the offense charged!!

Will the trial be dismissed in cases of immediate release?!No, the trial of the case will still continue.!!!

!Check the table chart for the Articles 30 - 36!!!What are the limitations on the exercise of the pardoning power?!

1. Power can be exercised only after conviction!2. Such power does not extend to cases of

impeachment!!Does pardon granted in general terms include accessory penalty?!General rule: No!!

Exception: when an absolute pardon is granted after the term of imprisonment has expired, it removes all that is left of the consequences of conviction!!

Exception to the Exception: Pardon after serving 30 years does not remove perpetual absolute disqualification!!

Who may exercise pardon and what are its effects?!

!What are costs?!Expenses of litigation that are chargeable to the accused in case of conviction.!!In case of acquittal, to whom will the costs be chargeable?!Each party shall bear his/her expenses.!!What are included in the costs? [Art. 37]!Costs shall include fees and indemnities in the course of judicial proceedings, whether they be fixed or

EFFECTS OF PENALTIES

Chief Executive Offended Party

Extinguishes the criminal liability of the offender

Canno t i nc lude c i v i l liability which the offender must pay

Can waive the civil liability which the offender must pay

G r a n t e d o n l y a f t e r conviction and may be extended to any of the offenders

Should be given before the institution of criminal prosecution and must be e x t e n d e d t o b o t h offenders

The following are temporary penalties:!61a. Temporary absolute disqualification!b. Temporary special disqualification!c. Suspension

The following are deprivation of liberty:!62a. Imprisonment!b. Destierro

If he agrees, deduction will be full time during which he underwent preventive suspension. If he does not agree, only up to 4/5 of the time during which he was under preventive 63imprisonment.

unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule.!!What are pecuniary liabilities of the offender? [Art. 38] !64

1. Reparation of the damage caused!2. Indemnification of the consequential damages!3. Fine!4. Costs of the proceedings!!

When will the order of payment of pecuniary liabilities be imposed? [Art. 38]!In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities.!!!What is subsidiary penalty? [Art. 39]!A personal liability to be suffered by the convict who has no property with which to meet the fine.!!What is the rate of subsidiary penalty? [Art. 39]!1 day = 8 pesos!!What are the rules to be followed in case of subsidiary penalty? [Art. 39]!If the principal penalty imposed is!

a. Prision correctional or arresto and fine—he shall remain under confinement until his fine is satisfied, but his subsidiary imprisonment shall!

i. not exceed 1/3 of the term of the sentence!

ii. not continue for more than 1 year!iii. no fraction or part of a day shall be

counted against the prisoner!b. Only fine—the subsidiary imprisonment shall!

i. not exceed 6 months—if the culprit shall have been prosecuted for a grave or less grave felony!

ii. not exceed 15 days—light felony!c. Higher than prision correctional—no subsidiary

imprisonment shall be imposed upon the culprit!d. Not be executed by confinement in a penal

institution, but such penalty is of fixed duration—the culprit shall continue to suffer the same deprivations as those of which the principal penalty consists under paragraphs (a), (b), and (c)!

e. 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!!

In what instances is subsidiary penalty not applicable? [Art. 39]!There is no subsidiary penalty for non-payment of!

a. Reparation of the damage caused!b. Indemnification of consequential damages!c. Costs of the proceedings!!

When will subsidiary penalty be imposed?!Only when the judgment of conviction imposes subsidiary imprisonment.!!

!Check Duration and Effects of Penalties on Page 13!!!Other than accessory penalties, what else is deemed imposed? [Art. 45(1)]!Every penalty imposed for the commission of a felony shall carry with it forfeiture of the proceeds of the crime and the instruments or tools with which it was committed.!!What happens to the confiscated and forfeited articles? [Art. 45(2)]!General rule: it will be confiscated and forfeited in favor of the Government!!

Exception: when the confiscated and forfeited property is property of a third person not liable for the offense!!

Exception to the exception: articles which are not subject of lawful commerce shall be destroyed!!

!To whom and will penalties be imposed? [Art. 46(1)]!The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony.!!To what stage of felony will penalties be imposed? [Art. 46(2)]!Whenever the law prescribes a penalty for a felony in general terms, it shall be understood as applicable to the consummated felony.!!In what cases shall death penalty be not imposed? [Art. 47(1)]!

1. When the guilty person is below 18 years of age at the time of the commission of the crime!

2. When the guilty person is more than 70 years of age!

3. When upon appeal or automatic review of the case by the Supreme Court, the vote of 8 members is not obtained for the imposition of death penalty!!

What is the effect when death penalty is imposed by the trial court? [Art. 47(2)]!

a. Records shall be forwarded to the Supreme Court (now Court of Appeals) for automatic review!

b. Transcript shall be forwarded within 10 days after the filing thereof by the stenographic reporter!

c. Court en banc shall make judgment within 20 days but not earlier than 15 days after promulgation of the judgment or notice of denial of any motion for new trial or reconsideration!!

In what crimes is death penalty imposed?!a. Treason! i. Robbery with homicide!b. Piracy! ! j. Destructive arson!c. Qualified piracy! k. Rape with homicide!d. Qualified briberyl. Plunder!e. Parricide! m. Dangerous Drugs Act!f. Murder!! n. Carnapping!

PENALTIES IN WHICH OTHER ACCESSORY PENALTIES ARE INHERENT

APPLICATION OF PENALTIES

The order of payment must be observed.64

g. Infanticide !h. Kidnapping and serious detention!!

!What is a complex crime? [Art. 48]!

1. When a single act constitutes two or more grave or less grave felonies – Compound crime!

2. When an offense is a necessary means for committing the other – Complex crime proper!!

What penalty will be imposed in case of complex crimes? [Art. 48]!The penalty for the most serious crime in its maximum period shall be imposed.!!What are the requisites for compound crime?!

1. Only a single act is performed by the offender!2. That single act produces!

a. Two or more grave felonies!b. One or more grave and one or more less

grave felonies!c. Two or more less grave felonies!!!!

When is Art. 48 applied?!It is applied only to cases where the RPC does not provide a definite specific penalty for a complex crime.!!What is Special Complex Crime? !65

RPC provides a single penalty for complex crime.!!What are the requisites for Complex Crime Proper?!

1. At least two offenses are committed!2. One or some of the offenses must be

necessary, need not be indispensable, to commit the other!

3. Both or all the offenses must be punished under the same statute!!

When is there no complex crime?!a. When one offense is committed to conceal the

other!b. Where one of the offense is penalized by special

law!!Which court has jurisdiction over complex crimes?!When two crimes produced by a single act are respectively within the exclusive jurisdiction of two courts of different jurisdiction, the court of higher jurisdiction shall try the complex crime.!!What penalty shall be imposed in case of complex crimes?!When two felonies constituting a complex crime are punishable by imprisonment and fine, respectively, only the penalty of imprisonment should be imposed.!!What is plurality of crimes?!It is the successive execution by the same individual of different criminal acts upon any of which no conviction has yet been declared.!

What are the two kinds of plurality of crimes?!a. Formal or ideal !66

b. Real or material !67!What are continued (continuous or continuing) crime?!It is a single crime, consisting of series of acts but all arising from one criminal resolution.!!

!What is the penalty to be imposed upon the principals when the crime committed is different from that intended? [Art. 49]!If the penalty prescribed for the felony committed!

a. Be higher than the penalty for the offense which the accused intended to commit—the lower penalty shall be imposed in its maximum period!

b. Be lower than the penalty for the offense which the accused intended to commit—the lower penalty shall be imposed in its maximum period!

c. If the act committed also constitutes attempt or frustrations 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!!

When is Art. 49 applied?!It applies only when there is a mistake in the identity of the victim, and the penalty for the crime is different from that for the crime intended to be committed.!When Art. 49 does not apply?!

1. Mistake in the blow—aberratio ictus !2. Where a more serious consequence not

intended by the offender befalls the same person—praeter intentionem!!

!Penalty lower in degree than that prescribed by law shall be imposed.!

!When are Articles 50-57 not applicable? [Art. 60]!It shall not apply to cases where the law expressly prescribes the penalty for a frustrated or attempted felony, or to be imposed upon accomplices or accessories!!

COMPLEX CRIMES!Article 48

CRIME COMMITTED IS DIFFERENT FROM THAT INTENDED !Article 49

PENALTIES IMPOSED UPON OFFENDER UNDER DIFFERENT STAGES OF CRIME!

Articles 50-57

Consummated

Frustrated Attempted

Principals 0 1 2

Accomplices

1 2 3

Accessories 2 3 4

Ex: Robbery with homicide, Robbery with rape, Kidnapping with serious physical injuries, Kidnapping with murder or homicide, Rape with homicide65

There is but one criminal liability (Art. 48)66

There are different crimes in law as well as in the conscience of the offender67

What are the bases for the determination of the extent of penalty to be imposed?!

1. The stage reached by the crime in its development!

2. The participations therein of the persons liable!3. The aggravating or mitigating circumstances

which attended the commission of the crime!!What is a degree?!One entire penalty.!!What is a period?!One of 3 equal portions called minimum, medium, and maximum of a divisible penalty.!!

!What are the rules with regard graduation of penalties? [Art. 61]!

1. When the penalty is single and indivisible, or single and divisible penalty to be imposed to their full extent – the penalty immediately following said penalty is the next lower in degree!

2. When the penalty is composed of two indivisible penalties, or of two divisible penalties to be imposed to their full extent – the penalty immediately following the lesser penalty is the penalty lower in degree!

3. When the penalty is composed of two indivisible penalties and the maximum period of a divisible penalty – penalty next lower is composed of the medium and minimum periods of reclusion temporal and the maximum of prision mayor!

4. I f the pena l ty cons is ts in 3 per iods corresponding to different divisible penalties – penalty next lower in degree is the three periods down the scale!

5. If the penalty consists in 2 periods – penalty next lower in degree is two periods down the scale!

6. If the penalty consists in only one period – penalty next lower in degree is the next period down the scale!!!From Article 62-88 READ CODAL!!!

!How is criminal liability totally extinguished? [Art. 89]!

!Does extinction of criminal liability carry with it the extinction of civil liability? No.!!What is the effect of death when it occurred before or after judgment? [Art. 89]!

!What is the effect of death when it occurred pending appeal?!

!What is the effect of the death of the offended party?!It does not extinguish the criminal liability of the offender because the offense is committed against the State.!!Distinguish amnesty from pardon.!

!

RULES FOR GRADUATING PENALTIES!Article 61

EXTINCTION OF CRIMINAL LIABILITY

Does it extinguish civil liability?

1. By death of the convict It depends

2. By service of the sentence No

3. By amnesty No

4. By absolute pardon No

5. By prescription of the crime No

6. By prescription of the penalty

No

7. By the marriage of the offended woman in Art. 344

No

Before judgment After final judgment

C r i m i n a l liability

Extinguished Extinguished

Civil liability Not extinguished

C r i m i n a l liability

Civil liability

G e n e r a l rule

Extinguished Ex t i ngu i shed based solely on the offense committed

Exception Predicated on a source of obligation other than delict

Amnesty Pardon

A blanket pardon to classes of persons who may be guilty of political offenses

Includes any crime and i s e x e r c i s e d indiv idual ly by the President

May be exercised even before trial or investigation is had

Exercised when the p e r s o n i s a l r e a d y convicted

L o o k s b a c k w a r d a n d abolishes and puts into oblivion the offense itself

Looks forward and relieves the offender from the consequences of an offense of which he was convicted

Person released by amnesty s tands be fo re the l aw precisely as though he had committed no offense

Does not work the restoration of the rights to hold office, suffrage, unless such rights be expressly restored by the terms of the pardon

Do not extinguish civil liability

A p roc l ama t i on o f t he P r e s i d e n t w i t h t h e concurrence of Congress, is a public act of which the courts should take judicial notice

A private act of the President which must be pleaded and proved b y t h e p e r s o n pardoned

!What period will crimes prescribe? [Art. 90] !68

!Prescriptive periods of offenses punished under special laws and municipal ordinances.!

!Distinguish prescription of crimes from prescription of penalties.!

!Commencement and interruption of the prescriptive period.!

!

!How is criminal liability partially extinguished? [Art. 94]!

1. By conditional pardon!2. By commutation of the sentence!

PRESCRIPTION OF CRIMES!Article 90

Penalty Fine Prescription period

Death, reclusion perpetua, reclusion temporal

20 years

Afflictive penalties Over P6,000 15 years

C o r r e c t i o n a l penalty

P200 to P6,000

10 years

Arresto mayor 5 years

L i b e l o r o t h e r similar offenses

1 year

Oral defamation and grave slander by deed

6 months

Light offenses and simple slander

Less than P200

2 months

Penalty Prescriptive Period

Fine only or imprisonment for not more than 1 month, or both

1 year

Imprisonment for more than 1 month but less than 2 years

4 years

Imprisonment for 2 years or more but less than 6 years

8 years

Imprisonment for 6 years or more

12 years

Offenses under NIRC 5 years

Violation of municipal ordinances 2 months

Vio la t i on o f ce r t i fica te o f convenience

Prescription of Crimes Prescription of Penalties

Both have the same period

It is the penalty prescribed by law

It is the penalty imposed by the court

Prescription of Crimes

Prescription of Penalties

Starts to run

1. It will start to run f r om the day when the crime is discovered by t h e o f f e n d e d party, authorities or their agents [Art. 91]!

2. It will commence to run from the d a t e o f commission if it is known at the t i m e o f i t s commission

It will start to run from the date when the culprit evaded the service of his sentence [Art. 93]

Interrupt When proceedings are instituted against the guilty person. [Art. 91]

When the defendant [Art. 93]!a. Gives himself

up!b. Be captured!c. G o e s t o a

foreign country w i t h o u t e x t r a d i t i o n treaty!

d. C o m m i t s another crime b e f o r e expirat ion of p e r i o d o f prescription!

e. Acceptance of a conditional pardon

Starts to r u n again

It shall begin to run a g a i n i f t h e proceedings are [Art. 91]!a. T e r m i n a t e d

w i t h o u t t h e accused being c o n v i c t e d o r acquitted!

b. U n j u s t i fi a b l y stopped for any r e a s o n n o t imputable to the offender

When the escaped convict has been c a p t u r e d a n d returned to prison

Not run 1. O f f e n d e r i s absent from the Philippines [Art. 91(2)]!

2. Continuing crime

PARTIAL EXTINCTION OF CRIMINAL LIABILITY!Article 94

When the penalty fixed by law is a compound one, the highest penalty shall be made the basis thereof.68

3. For good conduct allowances which the culprit may earn while he is serving his sentence !69

4. Parole !70!What is the nature of conditional pardon?!Once delivered and accepted, it is considered as contract between the State and the convict that the former will release the latter upon compliance with the condition.!!What is commutation of sentence?!It is a change in the decision of the court by the President by reducing the degree of the penalty inflicted upon the convict, or by decreasing the length of the imprisonment or the amount of fine. !71!What is the effect of commutation of sentence? [Art. 96]!Commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the latter in the place of the former.!!What are some cases where commutation is provided for by the RPC?!1. Convict sentenced to death is over 70 years of age!2. When 8 Justices of the Supreme Court fail to reach

a decision for the affirmance of the death penalty!!How to compute allowances for good conduct? [Art. 97]!

!Who grants time allowance for good conduct? [Art. 99]!Director of Prisons, and once granted, it shall not be revoked.!!!When civil liability will be imposed? !General rule: Every person criminally liable for a felony is also civilly liable. [Art. 100]!!! Exceptions:!

a. Treason!b. Rebellion!c. Espionage!!

What are the civil liability under the RPC includes? [Art. 104]!

1. Restitution!2. Reparation of the damage caused!3. Indemnification for consequential damages!!

What are the damages that may be recovered in criminal cases?!

1. Crimes against property—damages based on the price of the thing and its special sentimental value to the injured party may be recovered, if the thing itself cannot be restored!

2. Crimes against persons—the injured party is entitled to be paid for whatever he spent for the treatment of his wounds, doctor’s fees, and for medicine, as well as the salary or wages unearned by him because of his inability to work due to his injuries (crime of physical injuries)!

3. Damages for loss or impairment of earning capacity in cases of temporary or permanent personal injury!

4. Moral damages may be recovered in a criminal offense resulting in!

a. Physical injuries! !b. Crimes of Seduction, Abduction, and

other lascivious acts!c. Rape—may be additionally awarded to

the victim, without need for pleading or proof of the basis thereof!

d. Adultery or concubinage!e. Illegal or arbitrary detention or arrest!f. Illegal search!g. Libel!h. S lander, o r any o ther fo rm o f

defamation!i. Malicious prosecution!

5. Exemplary damages may be imposed when the crime was committed with one or more aggravating circumstances!

6. Damages for death caused by a crime have been raised to P50 000, and in addition!

a. For the loss of the earning capacity of the deceased!

b. Liable to give support if the deceased was obliged to give support to one not an heir of the deceased!

c. Pay moral damages for mental anguish to the spouse , l eg i t ima te and i l l e g i t i m a t e d e s c e n d a n t s a n d ascendants!!

When may civil liability exist even though the accused is not held criminally liable?!

1. Acquittal on reasonable doubt!2. Acquittal from a cause of non-imputability—Art.

101 (exemptions from criminal liability)!3. Acquittal in the criminal action for negligence!4. When there is only civil liability!5. In cases of independent civil actions!!

How civil action arising from crime be prosecuted?!1. When a criminal action is instituted, the civil

action for recovery of civil liability arising from the offense charged shall be deemed instituted unless the offended party!a. waives the civil action!

Duration of imprisonment Deduction

First 2 years 5 days for each month of good behavior

3rd to 5 8 days for each month

6th to 10 1 0 d a y s f o r e a c h month

11th

years1 5 d a y s f o r e a c h month

Special allowance for loyalty [Art. 98]

1/5 of the or iginal sentence

CIVIL LIABILITY

Not available to a convict who is released under conditional pardon.69

Commentary.70

Consent is not necessary.71

b. reserves the right to institute it separately!c. institutes the civil action prior to the criminal

action!2. The criminal action for violation of BP 22 shall

be deemed to include the corresponding civil action and no reservation to file such shall be allowed!!

Instances when civi l act ion may proceed independently.!In the cases provided for in Arts. 32, 33, 34 and 2176 of the Civil Code and shall require only a preponderance of evidence. !!When is separate civil action suspended?!

1. After the criminal action has commenced!2. If the criminal action is filed after the civil action

has already been instituted!!Subsidiary civil liability of innkeepers, tavernkeepers and proprietors of establishments and other persons. [Arts. 102 and 103] READ CODAL!!!Distinguish civil liability from pecuniary liability.!

!When is restitution made? [Art. 105(1)]!The restitution of the thing itself must be made whenever possible, with allowance for any deterioration, or diminution of value as determined by the court.!!What shall be restored? [Art. 105(2)]!The thing itself shall be restored, even though it be found in the possession of a third person who has acquired it by lawful means, saving to the latter his action against the proper person, who may be liable to him.!!!!When restitution is not available? [Art. 105(3)]!Not applicable in cases in which the thing has been acquired by the third person in the manner and under the requirements which, by law, bar an action for its recovery.!!When is reparation available?!For crimes against property and will be ordered by the court only when restitution is not possible.!!How reparation is determined? [Art. 106]!

Court shall determine the amount of damage, taking into consideration the price of the thing, whenever possible, and its special sentimental value to the injured party.!!When is reparation not available?!If there is no evidence as to the value of the thing unrecovered.!!When is indemnity available?!Remedy granted to victims of crimes against persons.!!What indemnity covers? [Art. 107]!Indemnification for consequential damages shall include not only those caused the injured party, but also those suffered by his family or by a third person by reason of the crime.!!Amount of civil indemnity recoverable.!

!How is indemnity for Lost Earnings computed? !72

Net earning capacity = Life expectancy x (Gross 73

annual income – living expenses )!74!!READ CODAL for Articles 108-113!!!

Civil liability Pecuniary liability

Include reparation of the damage caused and indemnification for consequential damages

Includes restitution

There is nothing to pay in terms of money as the property unlawfully taken is returned

Liabilities to be paid out of the property of the offender

Inc ludes fine and costs of proceedings

P25,000 Temperate damages in rape with homicide

P50,000 Mandatory indemnity ex-delicto in rape

P75,000 1. Crimes where death penalty may be imposed!

2. Moral damages in rape with homicide

P100,000 Civil indemnity and Exemplary damages in rape with homicide

To be compensated for loss of earning capacity, it is not necessary that the victim, at the time of the injury or death, is gainfully employed72

2/3 x (80 – age of the deceased at the time of death)73

In the absence of proof, it is estimated to be 50% of the gross annual income74