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MEMORYAIDINCRIMINALLAW

BOOK ONE


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CRIMINAL LAW- that branch or division of law which defines crimes, treats of theirnature and provides for their punishment.

CHARACTERISTICS OF CRIMINAL LAW

11 GENERAL - it is binding on all persons who live or sojourn in the Philippineterritory (Art. 14, !!"EXCEPTIONS:

1a #reaty stipulations1b $aws of preferential application1c Principles of Public %nternational $aw.

The following persons are exempted:a. &overeigns and other chief of stateb. Ambassadors,ministers, plenipotentiary, minister resident and charges

d'affaires.

!onsuls, vice-consuls and other commercial representatives of foreign nationcannot claim the privileges and immunities accorded to ambassadors andministers.

11 TERRITORIAL penal laws of the Philippines are enforceable only within itsterritory.

EXCEPTIONS:(Art. , )P!"

i.e., enforceable even outside Philippine

territory.1" *ffense committed while on a Philippine ship or airship" +orging or counterfeiting any coin or currency note of the Philippines or

obligations and securities issued by the overnment." %ntroduction into the country of the above-mentioned obligations and

securities.4" hile being public officers or employees should commit an offense in the

e/ercise of their functions.0" &hould commit any of the crimes against national security and the law of

nations defined in #itle *ne of oo2 #wo.EXCEPTION TO THE EXCEPTION: Penal laws not applicable within or withoutPhilippine territory if so provided in treaties and laws of preferential application.(Art., )P!"

PROSPECTIVEGENERAL RULE3 Penal laws cannot ma2e an act punishable in a manner iwas not punishable when committed.EXCEPTION: (it may be applied retroactively" hen the new law is favthe accused.EXCEPTION TO THE EXCEPTIONa" #he new law is e/pressly made inapplicable to pending actions o

causes of actions.b" *ffender is a habitual criminal.

LIMITATIONS ON THE POWER OF CONGRESS TO ENACT PENAL LAWS:1. o e/ post facto law shall be enacted. o bill of attainder shall be enacted. o law that violates eual protection clause of the constitution shall be e4. o law which imposes cruel and unusual punishments nor e/cessive fine

enacted.

THEORIES IN CRIMINAL LAW1. !lassical #heory - basis of criminal liability is human free will. 5nder th

the purpose of penalty is retribution. #he )P! is generally governetheory.

. Positivist #heory 6 basis of criminal liability is the sum of the social and

phenomena to which the actor is e/posed wherein prevention and correctpurpose of penalty. #his theory is e/emplified in the provisions impossible crimes and habitual delinuency.

. 7clectic or 8i/ed#heory 6 combination of positivist and classical thin2incrimes that are economic and social in nature should be dealt in amanner9 thus, the law is more compassionate.

PRELIMINARY TITLE

ART. 2 APPLICATION OF ITS PROVISIONS

RULES ON VESSELS:1." Philippine vessel or aircraft.


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8ust be understood as that which is registered in the Philippine ureau of!ustoms.

." *n +oreign 8erchant :essels ENGLISH RULE:!rimes committed aboard a vessel within the territorial waters of

a country are r!a"#e in the courts of such country.7;!7P#%*3 hen the crimes merely affect things within the vessel or when theyonly refer to the internal management thereof.

FRENCH RULE:77)A$ )5$73 !rimes committed aboard vessel within the territorial waters of acountry are $% r!a"#ein the courts of said country.7;!7P#%*3 hen their commission affects the peace and security of the territoryor when the safety of the state is endangered.

%n the Philippines, we follow the 7nglish )ule.

%n the case of a foreign warship, the same is not subject to territorial laws.

TITLE ONE: FELONIES AN& CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY

C'a(er O$e: Fe#%$!e) *Ar). +-,

ART. + FELONIES

Fe#%$!e) 6 are acts or omissions punishable by the )P!.

ELEMENTS OF FELONIES *GENERAL1. there must be an act or omission ie, there must be e/ternal acts.. the act or omission must be punishable by the )P!.. the act is performed or the omission incurred by means of dolo or culpa.

/NULLUM CRIMEN0 NULLA POENA SINE LEGE1 - there is no crime where there is nolaw punishing it.

CLASSIFICATION OF FELONIES ACCOR&ING TO THE MEANS BY WHICH TCOMMITTE&:

1. I$e$!%$a# Fe#%$!e) the act is performed with deliberate intent or malRe3!)!e) %4 &OLO %r MALICE3

a. +reedomb. %ntelligence

c. !riminal %ntent

M!)a5e %4 Fa6 6 is a misapprehension of fact on the part of the person causto another. &uch person is not criminally liable as he acted without criminal

Re3!)!e) %4 7!)a5e %4 4a6 a) a 8e4e$)e:a. #hat the act done would have been lawful had the facts been a

accused believed them to be.b. #hat the intention of the accused in performing the act shou

lawful.c. #hat the mista2e must be without fault or carelessness on the p

the accused.

. C3#(a"#e Fe#%$!e) - performed without malice.Re3!)!e) %4 CULPA:

a. +reedomb. %ntelligencec. egligence and %mprudence

)7A&* +*) P5&


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MALA IN SE 9). MALA PROHIBITA

MALA IN SEMALA

PROHIBITA

1. As tomoraltrait oftheoffender

#he moral traitis considered.$iability willarise only whenthere is dolo orculpa.

#he moral traitof the offenderis notconsidered. %tis enough thatthe prohibitedact wasvoluntarilydone.

. As touse ofgoodfaith asadefense

ood faith orlac2 of criminalintent is a validdefense9 unlessthe crime is theresult of culpa.

ood faith isnot a defense.

. As todegree

ofaccom-plish-ment ofthecrime

#he degree ofaccomplishment

of the crime ista2en intoaccount inpunishing theoffender.

#he act givesrise to a crime

only when it isconsummated.

4. As tomitigating andaggravatingcircum-stances

8itigating andaggravatingcircumstancesare ta2en intoaccount inimposing thepenalty.

8itigating andaggravatingcircumstancesare generallynot ta2en intoaccount.

0. As todegreeofpartici-pation

hen there ismore than oneoffender, thedegree ofparticipation ofeach in thecommission ofthe crime ista2en intoaccount.

=egree ofparticipation isgenerally notta2en intoaccount. Allwhoparticipated inthe act arepunished tothe samee/tent.

>. As towhatlaws areviolated

:iolation of the)P! (eneralrule"

:iolation of&pecial $aws

(eneral rule"

I$e$ 8!)!$3!)'e8 4r%7 M%!9eINTENT MOTIVE

1. %s the purpose touse a particularmeans to effectsuch result

1. %s the movingpower which impelsone to act

. %s an element ofthe crime, e/cept inunintentionalfelonies (culpable"

. %s *# anelement of thecrime

. %s essential inintentional felonies

. %s essential onlywhen the identity ofthe perpetrator is indoubt

ART. ; CRIMINAL LIABILITY

PAR. , - Cr!7!$a# L!a"!#!< 4%r a 4e#%$< 8!44ere$ 4r%7 'a !$e$86%77!e8


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RE=UISITES:

1a #hat an intentional felony has been committed.1b #hat the wrong done to the aggrieved party be the direct, natural and logical

conseuence of the felony committed.

PROXIMATE CAUSE 6 that cause, which, in the natural and continuous seuence,unbro2en by any efficient intervening cause, produces the injury without which theresult would not have occurred.

T'3)0 'e (er)%$ !) )!## 6r!7!$a##< #!a"#e !$:1. 7rror in personae- mista2e in the identity of the victim.. Abberatio ictus 6 mista2e in the blow.. Praeter intentionem 6 lac2 of intent to commit so grave a wrong.

PAR. 2 *IMPOSSIBLE CRIMERE=UISITES:a" #hat the act performed would be an offense against persons or property.b" #hat the act was done with evil intent.c" #hat its accomplishment is inherently impossible, or that the means employed is

either inadeuate or ineffectual.d" #hat the act performed should not constitute a violation of another provision of

the )P!.

ART. > CONSUMMATE&0 FRUSTRATE& ? ATTEMPTE& FELONIES

STAGES OF EXECUTION:1. CONSUMMATE& FELONY hen all the elements necessary for its e/ecution and accomplishment are

present.

. FRUSTRATE& FELONYELEMENTS:

1a #he offender performs all the acts of e/ecution.1b All the acts performed would produce the felony as a conseuence.1c ut the felony is not produced.

1d y the reason of causes independent of the will of the perpetrator.

WHAT CRIMES &O NOT A&MIT OF FRUSTRATE& STAGE@1" )ape" ribery" !orruption of Public *fficers4" Adultery

0" Physical %njury

. ATTEMPTE& FELONYELEMENTS:a" #he offender commences the commission of the felony directly by overt b"


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" 7/ternal acts cover3a" Preparatory acts - ordinarily not punished e/cept when considered by law as

independent crimes (e.g. Art. ?4, Possession of pic2loc2s and similar tools"b" Acts of 7/ecution - punishable under the )P!

ART. LIGHT FELONIES

$ight +elonies are punishable only when they have been consummated7;!7P#3 %f committed against persons or property, punishable even if notconsummated.

*nly principals and accomplices are liable, accessories are not liable even ifcommitted against persons or property.

ART. CONSPIRACY AN& PROPOSAL TO COMMIT FELONY

RE=UISITES OF CONSPIRACY

11 #hat or more persons came to an agreement.11 #hat the agreement pertains to the commission of a felony.11 #hat the e/ecution of the felony was decided upon.

2 CONCEPTS OF CONSPIRACY

11 !onspiracy as a crime by itself.7;A8P$73 conspiracy to commit rebellion or insurrection, treason, sedition.

11 !onspiracy as a means of committing a crime1a #here is a previous and expressagreement91b #he participants acted in concert or simultaneously which is indicative of a

meeting of the minds towards a common criminal objective. #here is animpliedagreement.

GENERAL RULE3 8ere conspiracy or proposal to commit a felony is not punishablesince they are only preparatory actsEXCEPTION: in cases in which the law specially provides a penalty therefor, such as intreason, coup detat, and rebellion or insurrection

/T'e a6 %4 %$e !) 'e a6 %4 a##1GENERAL RULE: hen conspiracy is established, all who participatedirrespective of the uantity or uality of his participation is liable euallyconspiracy is pre-planned or instantaneous. EXCEPTION: 5nless one or somconspirators committed some other crime which is not part of the intended cEXCEPTION TO THE EXCEPTION: hen the act constitutes a @single i

offense.

!onspiracy may be inferred when two or more persons proceed to perfacts towards the accomplishment of the same felonious objective, with ehis act, so that their acts though seemingly independent were in fact coshowing a common design.

#hese overt acts must consist of3- active participation in the actual commission of the crime itself, or- moral assistance to his co-conspirators by being present at the timcommission of the crime, or- e/erting a moral ascendance over the other co-conspirators by movine/ecute or implement the criminal plan (PEOPLE vs. A!T" et al." #$ %o

April +," +**'-

RE=UISITES OF PROPOSAL:1. #hat a person has decided to commit a felony9 and. #hat heproposes its execution to some other person or persons.

ART. CLASSIFICATION OF FELONIES ACCOR&ING TO GRAVITY

I7(%ra$6e %4 C#a))!4!6a!%$1. #o determine whether these felonies can be comple/ed or not.. #o determine the prescription of the crime and the prescription of the pe

Gra9e 4e#%$!e) 6 are those to which the law attaches the capital punispenalties which in any of their periods are afflictive, in accordance with Art.!ode.


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Le)) ra9e 4e#%$!e) 6 are those which the law punishes with penalties which in theirma/imum period are correctional, in accordance with Art. 0 of the !ode.

L!' 4e#%$!e) 6 are those infractions of law for the commission of which the penaltyof arresto menoror a fine not e/ceeding ?? pesos, or both, is provided.

ART. , OFFENSES NOT SUBDECT TO THE PROVISIONS OF THE RPC

GENERAL RULE: )P! provisions are supplementary to special laws.EXCEPTION:1. here the special law provides otherwise9 and. hen the provisions of the )P! are impossible of application, either by e/press

provision or by necessary implication.

#hus, when the special law adopts the penalties imposed in the )P!, such asreclusin perpetuaor reclusin temporal, the provisions of the )P! on imposition ofpenalties based on stage of e/ecution, degree of participation, and attendance ofmitigating and aggravating circumstances may be applied by necessary implication.

C'a(er T%: D3)!4

UNLAWFUL AGGRESSION- is euivalent to an actual physical assault or, at least- threatened assault of an immediate and imminent 2ind which is

and positively strong, showing the wrongful intent to cause injury.

TEST OF REASONABLENESS the means employed depends upon the nuality of the (1" weapon used by the aggressor, and (" his physical character, siBe and other circumstances, (" and those of the person himself, (4" and also the place and occasion of the assault.

Perfect euality between the weapons used by the one defending himselof the aggressor is not reuired, nor material commensurability bet

means of attac2 and defense.)7A&*3 ecause the person assaulted does not have sufficient tranuilito thin2 and to calculate.

R!') !$6#38e8 !$ )e#4-8e4e$)e:&elf-defense includes not only the defense of the person or body of the one but also that of his rights, the enjoyment of which is protected by law.includes31. #he right to honor.


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/Sa$8 r%3$8 'e$ !$ 'e r!'1 - the law does not reuire a person to retreatwhen his assailant is rapidly advancing upon him with a deadly weapon.

5nder Re(3"#!6 A6 2>2, 2nown as the A$!- V!%#e$6e aa!$) W%7e$ a$8 'e!rC'!#8re$ A6 %4 2;3

:ictim-survivors who are found by the courts to be suffering from atteredoman &yndrome do not incur an0 criminal or civil lia/ilit0 notwithstanding the

absence of any of the elements for justifying circumstances of self-defense under the)P!. (2ec. +)" $.A. %o. 3+)+- #he law provides for an additional justifyingcircumstance.

attered oman &yndrome 6 refers to a scientifically defined pattern ofpsychological and behavioral symptoms found in women living in batteringrelationships as a result o f cumulative abuse.

attery 6 refers to any act of inflicting physical harm upon the woman or herchild resulting to physical and psychological or emotional distress.

2. &EFENSE OF RELATIVES

RE=UISITES:1. 5nlawful Aggression9. )easonable necessity of the means employed to prevent or repel it9 and. %n case the provocation was given by the person attac2ed, the one ma2ing the

defense had no part therein.

RELATIVES THAT CAN BE &EFEN&E&:1. &pouse. Ascendants. =escendants4. $egitimate, natural or adopted brothers and sisters, or relatives by affinity in the

same degrees.0. )elatives by consanguinity within the fourth civil degree.

+. &EFENSE OF STRANGER

RE=UISITES:1. 5nlawful Aggression9

. )easonable necessity of the means employed to prevent or repel it9 and. #he person defending be not induced by revenge, resentment or other ev;. AVOI&ANCE OF GREATER EVIL OR INDURY

RE=UISITES:1. #hat the evil sought to be avoided actually e/ists3. #hat the injury feared be greater than that done to avoid it9 and

. #here be no other practical and less harmful means of preventing it.

o civil liability e/cept when there is another person benefited in whichlatter is the one liable.

reater evil must not be brought about by the negligence or impruviolation of law by the actor.

. FULFILLMENT OF &UTY OR LAWFUL EXERCISE OF RIGHT OR OFFICE.

RE=UISITES:1. #hat the accused acted in the performance of a duty or in the lawfu

of a right or office9. #hat the injury caused or the offense committed be the necessary con

of the due performance of duty or the lawful e/ercise of such right or

>. OBE&IENCE TO AN OR&ER ISSUE& FOR SOME LAWFUL PURPOSE.

RE=UISITES:1. #hat an order has been issued by a superior.. #hat such order must be for some lawful purpose. #hat the means used by the subordinate to carry out said order is lawful

&ubordinate is not liable for carrying out an illegal order if he is not awillegality and he is not negligent.

ART. ,2. EXEMPTING CIRCUMSTANCES


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Ee7(!$ C!r637)a$6e) *%r 'e 6!r637)a$6e) 4%r $%$-!7(3a"!#!


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b" #he conduct of the offender after its commission.

;. ACCI&ENT WITHOUT FAULT OR INTENTION OF CAUSING IT

asis3 $ac2 of negligence or intent.

ELEMENTS:

1. A person is performing a lawful act9. ith due care9. . UNCONTROLLABLE FEAR

ELEMENTS:1. #hat the threat which causes the fear is of an evil greater than, or at least eual to,

that which he is reuired to commit9. #hat it promises an evil of such gravity and imminence that the ordinary man would

have succumbed to it.

=uress as a valid defense should be based on real, imminent, or reasonable fearfor one's life or limb and should not be speculative, fanciful, or remote fear.

/ACTUS ME INVITO FACTUS NON EST MEUS ACTUS1 6 An act done by mmy will is not my act.

D. INSUPERABLE CAUSE.

INSUPERABLE CAUSE 6 some motive which has lawfully, morally or prevented a person to do what the law commands.

ELEMENTS:1. #hat an act is reuired by law to be done.. #hat a person fails to perform such act.. #hat his failure to perform such act was due to some lawful or insuperabl

Ea7(#e):a. #he municipal president detained the offended party for three days b

ta2e him to the nearest justice of the peace reuired a journey for threboat as there was no other means of transportation. (!2 vs. 8icentillo&&6-

#he distance which reuired a journey for three days was consinsuperable cause.ote3 5nder the law, the person arrested must be delivered to the neareauthority at most within 1E hours (now > hours, Art. 10 )P!"9 other

public officer will be liable for arbitrary detention.

b. A mother who at the time of childbirth was overcome by severe diBBe/treme debility, and left the child in a thic2et were said child died, is for infanticide because it was physically impossible for her to ta2e home (People vs. andian" )' Phil. 9'*-.

#he severe diBBiness and e/treme debility of the woman consinsuperable cause.

ABSOLUTORY CAUSES- are those where the act committed is a crime but foof public policy and sentiment, there is no penalty imposed.

O'er a")%#3%r< 6a3)e):


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1. &pontaneous desistance (Art. >". Accessories who are e/empt from criminal liability (Art. ?". =eath or physical injuries inflicted under e/ceptional circumstances (Art. 4D"4. Persons e/empt from criminal liability for theft, swindling and malicious mischief

(Art. "0. %nstigation

7ntrapment is *# an absolutory cause. A /u0/ust operation conducted inconnection with illegal drug-related offenses is a form of entrapment.

ENTRAPMENT INSTIGATION1. ays andmeans areresorted to for thecapture oflawbrea2er in thee/ecution of hiscriminal plan.

1. %nstigatorinduces the would-be accused tocommit the crime,hence he becomes aco-principal.

. not a bar tothe prosecutionand conviction ofthe lawbrea2er

. it will result inthe acuittal of theaccused.

C'a(er T'ree: C!r637)a$6e) W'!6' M!!ae Cr!7!$a# L!a"!#! /B< a"a$81

Par. . /W!' 'ea!8 %4 ar7e8

7e$1

A) % 'e!r $37"er)euires more thanthree armedmalefactors (i.e., atleast four"

At least two

A) % 'e!r a6!%$)euires that more

than three armedmalefactors shallhave acted togetherin the commission ofan offense.

#his circumstance is

present even if oneof the offendersmerely relied ontheir aid, for actualaid is not necessary.

%f there are four armed men, aid of armed men is absorbed in employment of aband. %f there are three armed men or less, aid of armed men may be theaggravating circumstance.

@Aid of armed men includes @armed women.

Par. , That the accused is a recidivist.

RE=UISITES:1. #hat the offender is on trial for an offense9. #hat he waspreviousl0 convictedbyfinal =udgmentof another crime9. #hat both the first and the second offenses are embraced in the same ti

4ode94. #hat the offender is convicted of the new offense.

MEANING OF /a 'e !7e %4 '!) r!a# 4%r %$e 6r!7e.1%t is employed in its general sense, including the rendering of the judgmmeant to include everything that is done in the course of the trial, from arruntil after sentence is announced by the judge in open court.

eing an ordinary aggravating circumstance, recidivism affects only the a penalty, e/cept in prostitution and vagrancy (Art. ?" and gambling wherein recidivism increases the penalties by degrees. o otheaggravating circumstance produces this effect.

%n recidivism it is sufficient that the succeeding offense be committedcommissionof the preceding offense provided that at the time of his trisecond offense, the accused had already been convicted of the first o ffen

%f both offenses were committed on the same date, they shall be cons

only one, hence, they cannot be separately counted in order to crecidivism. Also, judgments of convicted handed down on the same daconsidered as only one conviction.)7A&*3 ecause the !ode reuires that to be considered as separate coat the time of his trial for one crime the accused shall have been pconvicted by final judgment of the other.

#o prove recidivism, it is necessary to allege the same in the informatioattach thereto certified copy of the sentences rendered against the accus

)ecidivism must be ta2en into account no matter how many years have inbetween the first and second felonies.

7ven if the accused was granted a pardon for the first offense, but heanother felony embraced in the same title of the !ode, the first convict


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counted to ma2e him a recidivist since pardon does not obliterate the fact of hisprior conviction.

#he rule is different in the case of amnesty which theoretically considers theprevious transgressions as not punishable.

Par. 1- That the offender has been previously punished for an offense to whichthe law attaches an e*ual or greater penalty or for two or more crimes to which

it attaches a lighter penalty.

RE=UISITES %4 'IT'/&I0%r HABITUALITY:1. #hat the accused is on trial for an offense9. #hat he previously served sentencefor another offense to which the law attaches

ana" 7ual orb" reater penalty, orc" +or two or more crimes to which it attaches a lighter penalty than that for the

new offense9 and. #hat he is convicted of the new offense

'IT'/&I0 RECI&IVISMA) % 'e 4!r) %44e$)e

%t is necessary thatthe offender shall

have served out hissentence for thefirst offense

%t is enough that afinal =udgment has

been rendered inthe first offense.

A) % 'e 5!$8 %4 %44e$)e) !$9%#9e8#he previous andsubseuent offensesmust not be embraced in the sametitle of the !ode.

)euires that theoffenses beincluded in thesame title of the!ode.

THE FOUR FORMS OF REPETITION ARE:

1. )ecidivism (par. F, Art. 14" 6 where a person, on separate occasions, is cotwo offenses embraced in the same title in the )P!. #his is a generic agcircumstance.

. $eiteracion or habituality (par. 1?, Art. 14" 6 where the offender previously punished for an offense to which the law attaches an eual openalty or for two crimes to which it attaches a lighter penalty. #his is

aggravating circumstance.

. 8ulti-recidivism or habitual delinuency (Art. >, par, 0" 6 where a personperiod of ten years from the date of his release or last conviction of the serious or less serious physical injuries, robbery, theft, estafa or falsificationguilty of the said crimes a third time or oftener. #his is an e/traordinary agcircumstance.

4. Guasi-recidivism (Art. 1>?" 6 here a person commits felony before beserve or while serving sentence on a previous conviction for a felony. #his isaggravating circumstance.

&ince reiteracionprovides that the accused has duly served the sentenprevious convictionHs, or is legally considered to have done so, uasi-cannot at the same time constitute reiteracion, hence this acircumstance cannot apply to a uasi-recidivist.

%f the same set of facts constitutes recidivism and reiteracion, the liabiaccused should be aggravated by recidivism which can easily be proven.

Par. 11 That the crime be committed in consideration of a price" repromise.

hen this aggravating circumstance is present, there must be twoprincipals, the one who gave or offered the price or promise and theaccepted it, both of whom are principals.

%f without previous promise it was given voluntarily after the crime committed as an e/pression of his appreciation for the sympathy and aid


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the other accused, it should not be ta2en into consideration for the purpose ofincreasing the penalty.

#he price, reward or promise need not consist of or refer to material things orthat the same were actually delivered, it being sufficient that the offer made bythe principal by inducement be accepted by the principal by direct participationbefore the commission of the offense.

Par. 12 That the crime be committed by means of inundation" fire" poison"e#plosion" stranding of a vessel or intentional damage thereto" derailment of alocomotive" or by the use of any other artifice involving great waste and ruin.

hen another aggravating circumstance already ualifies the crime, any of theseaggravating circumstances shall be considered as generic aggravating circumstanceonly.

A 2illing committed through any of these ualifies the crime to murder, e/cept ifarson was resorted to but without intent to 2ill, in view of P.=. 1>1 whichprovides a specific penalty for that situation.

PAR. ,2 /"7E2" #$ %o. &'939" August &," +**+-

7vident premeditation is presumed to e/ist when conspiracy isestablished. hen conspiracy is merely implied, evident premeditation presumed, the latter must be proved li2e any other fact. (PEOPLE vs. 2APal." #$ %o. &,,39"


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- it is a chicanery resorted to by the accused to aid in the e/ecutionof his criminal design. %t is employed as a scheme in the e/ecution of the crime.

Fra38 *fraude6 insidious words or machinations used to induce the victim to act in amanner which would enable the offender to carry out his design.

FRAU& CRAFThere there is adirect inducementby insidious wordsor machinations,fraud is present.

#he act of theaccused done inorder not to arousethe suspicion of thevictim constitutescraft.

According to Lustice )egalado, the fine distinctions between @craft and @fraudwould not really be called for as these terms in Art. 14 are variants of meansemployed to deceive the victim and if all are present in the same case, they shallbe applied as a single aggravating circumstance.

!raft and fraud may be absorbed in treachery if they have been deliberatelyadopted as the means, methods or forms for the treacherous strategy, or they mayco-e/ist independently where they are adopted for a different purpose in thecommission of the crime.

+or instance3 %n People vs. 2an Pedro (ecem/er &" +**+-

NO A&VANTAGE OF SUPERIOR STRENGTH IN THE FOLLOWING:1. *ne who attac2s another withpassionand o/fuscationdoes not ta2e adv

his superior strength.. hen a ?uarrel arose unexpectedl0and the fatal blow was struc2 at a t

the aggressor and his victim were engaged against each other as man to m

+or abuse of superior strength, the test is the relative strength of the offhis victim, whether or not he too2 advantage of his greater strength.

hen there are several offenders participating in the crime, they mprincipals by direct participation and their attac2 against the victimconcerted and intended to be so.

Abuse of superior strength is inherent in the crime of parricide where the2ills the wife. %t is generally accepted that the husband is physically strothe wife.

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Abuse of superior strength is also present when the offender uses a weapon whichis out of proportion to the defense available to the offended party.

@by a band @abuse of superiorstrength

#he element ofband is appreciatedwhen the offense iscommitted by morethan three armedmalefactorsregardless of thecomparativestrength of thevictim or victims.

#he gravamen ofabuse of superiorityis the ta2ingadvantage by theculprits of theircollective strengthto overpower theirrelatively wea2ervictim or victims.


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#he suddenness of attac2 does not, of itself, suffice to support a finding ofalevosia, even if the purpose was to 2ill, so long as the decision was made all of asudden and the victim's helpless position was accidental.

#reachery must be appreciated in the 2illing of a child even if the manner ofattac2 is not shown. %t e/ists in the commission of the crime when the adultperson illegally attac2s a child of tender years and causes his death.

WHEN MUST TREACHERY BE PRESENT:hen the aggression is continuous, treachery must be present in the beginning of theassault. (PEOPLE vs. ;A%ALA>" #$ %o. &+693'" August &," +**+-

#hus, even if the deceased was shot while he was lying wounded on theground, it appearing that the firing of the shot was a mere continuation of theassault in which the deceased was wounded, with no apprecia/le timeintervening between the delivery of the blows and the firing of the shot, itcannot be said that the crime was attended by treachery.

hen the assault was not continuous"in that there was interruption, it is sufficientthat treachery was present at the moment the fatal blow was given.


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PAGE 41

*ne who acts, not respecting the walls erected by men to guard their property andprovide for their personal safety, shows a greater perversity, a greater audacity9hence, the law punishes him with more severity.

Par. 1, That as a means to the commission of a crime" a wall" roof" floor" door"or window be broken.

#his circumstance is aggravating only in those cases where the offender resortedto any of said means to enterthe house. %f the wall, etc., is bro2en in order to getout of the place, it is not an aggravating circumstance.PAR. , PAR. ,

% t i nvo lves thebrea2ing(rompimiento" ofthe enumeratedparts of the house.

Presupposes thatthere is no suchbrea2ing as by entrythrough the window.

%f the offender bro2e a window to enable himself to reach a purse with money onthe table near that window, which he too2 while his body was outside of thebuilding, the crime of theft was attended by this aggravating circumstance. %t isnot necessary that the offender should have entered the building.

Par. 2- That the crime be committed

1! with the aid of persons under fifteen years of age" or2! by means of motor vehicles" airships" or other similar means.

TWO &IFFERENT CIRCUMSTANCES GROUPE& IN THIS PARAGRAPH:1. ith the aid of persons under fifteen years of age3

#ends to repress, so far as possible, the freuent practice resorted to byprofessional criminals to avail themselves of minorsta2ing advantage of theirirresponsi/ilit0.

. y means of motor vehicles, airships, or other similar means3 %ntended to counteract thegreat facilitiesfound by modern criminals in said

means to commit crimeandflee and a/scond once the same is committed.

5se of motor vehicle is aggravating where the accused purpodeli/eratel0used the motor vehicle in going to the place of the carrying away the effects thereof, and in facilitating their escape.

MEANING OF /%r %'er )!7!#ar 7ea$)1&hould be understood as referring to motori5edvehicles or other efficient transportation similar to automobile or airplane.

Par. 21 That the wrong done in the commission of the crime be delaugmented by causing other wrong not necessary for its commission.

Cr3e#


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MEMORYAIDINCRIMI

ART. , ALTERNATIVE CIRCUMSTANCES

A#er$a!9e 6!r637)a$6e)6 are those which must be ta2en into consideration asaggravating or mitigating according to the nature and effects of the crime and theother conditions attending its commission.

BASIS:#he nature and effects of the crime and the other conditions attending itscommission.

THE ALTERNATIVE CIRCUMSTANCES ARE:1. )elationship9. %nto/ication9 and. =egree of instruction and education of the offender.

RELATIONSHIP#he alternative circumstance of relationship shall be ta2en into consideration whenthe offended party is the 6

a" &pouse,b" Ascendant,c" =escendant,d" $egitimate, natural, or adopted brother or sister, ore" )elative by affinity in the same degree of the offender.

OTHER RELATIVES INCLU&E&:1. #he relationship of stepfather or stepmother and stepson or stepdaughter.

)7A&*3 %t is the duty of the stepparents to bestow upon their stepchildren amother'sHfather's affection, care and protection.

. #he relationship of adopted parent and adopted child. ut the relationship of uncle and niece is not covered by any of the relationship

mentioned.

WHEN RELATIONSHIP MITIGATING AN& WHEN AGGRAVATING:1. As a rule, relationship is mitigating in crimes against property, by analogy to the

provisions of Art. .

#hus, relationship is mitigating in the crimes of robbery (Arts. usurpation (Art. 1", fraudulent insolvency (Art. 14" and arson (A, 0->".

. %n crimes against persons 6a" %t is aggravating where the offended party is a relative of

%. a higher degreethan the offender, or%%. when the offender and the offended party are relatives of the s

(e.g. brothers"b" ut when it comes to physical injuries3

i. %t is aggravating when the crime involves serious ph0sical in=u>", even if the offended party is a descendant of the offenthe serious physical injuries must not be inflicted by a parentchild by e/cessive chastisement.

ii. %t is mitigating when the offense committed is less seriouin=uries or slight ph0sical in=uries, if the offended party is a relower degree.

iii. %t is aggravating if the offended party is a relative of a higher the offender.

c" hen the crime is homicide or murder, relationship is aggravating evictim of the crime is a relative of a lower degree.

d" %n rape, relationship is aggravating where a stepfather raped his steor in a case where a father raped his own daughter.

. %n crimes against chastity, li2e acts of lasciviousness (Art. >", relatalways aggravating, regardless of whether the offender is a relative of alower degree of the offended party.

hen the ualification given to the crime is derived from the relationshipthe offender and the offended party, it is neither mitigating nor aggbecause it is insepara/le from and inherent in the offense. (e.g. adultery and concubinage".

WHEN INTOXICATION MITIGATING AN& WHEN AGGRAVATING:1. 8itigating 6

i. %f into/ication is not ha/itual, orii. %f into/ication is not su/se?uent to the planto commit a felony.

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. Aggravating 6i. %f into/ication is ha/itual, orii. %f it is intentional(subseuent to the plan to commit a felony".

TO BE ENTITLE& TO THE MITIGATING CIRCUMSTANCE OF INTOXICATION0 IT MUST BESHOWN:1. #hat at the time of the commission of the criminal act, the accused has ta2en

such uantity of alcoholic drin2s as to blur his reason and deprive him of a certaindegree of control, and

. #hat such into/ication is not habitual, or subseuent to the plan to commit thefelony.

#o be mitigating, the accused's state of into/ication must be proved. *nceinto/ication is established by satisfactory evidence, in the absence of proof to thecontrary, it is presumed to be non-habitual or unintentional.

I$)r36!%$ %r e836a!%$6 as an alternative circumstance, does not refer only to literary but more to

the level of intelligence of the accused.- refers to the lac2 of sufficient intelligence and 2nowledge of the full

significance of one's acts.- $ow degree of instruction and education or lac2 of it is generally mitigating.

enumerates the active subjects of the crime.

. Passive subject (the injured party" %s the holder of the injured right3 the man, the juristic person, the g

the &tate.

*nly natural persons can be the active subject of crime because of tpersonal natureof the criminal responsibility.


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MEMORYAIDINCRIMI

#his article applies only when the offenders are to be judged by their individual,and not collective, liability.

ART. , PRINCIPALS

THE FOLLOWING ARE PRINCIPALS:

1. #hose who ta2e a direct part in the e/ecution of the act (P)%!%PA$ M =%)7!#PA)#%!%PA#%*"

. #hose who directly force or induce others to commit it (P)%!%PA$ M %=5!#%*". #hose who cooperate in the commission of the offense by another act without

which it would not have been accomplished (P)%!%PA$ M %=%&P7&A$7!**P7)A#%*".

Par. 1 Principals by direct participation

RE=UISITES:1. #hat theyparticipatedin the criminal resolution9 and. #hat they carried outtheir plan andpersonall0 too1 partin its e/ecution by acts

which directl0 tended to the same end.

MEANING OF /(er)%$a##< %%5 (ar !$ !) ee63!%$1#hat the principal by direct participation must be at the scene of the commission ofthe crime, personally ta2ing part in its e/ecution.

Par. 2 Principals by induction

RE=UISITES1. #hat the inducement be made directly with the intention of procuring the

commission of the crime9 and. #hat such inducement be the determining cause of the commission of the crime by

the material e/ecutor.

*ne cannot be held guilty of having instigated the commission of twithout first being shown that the crime was actually committed (or atby another.

#hus, there can be no principal by inducement (or by indicooperation" unless there is a principal by direct participation. ut thereprincipal by direct participation without a principal by inducemenindispensable cooperation".

TWO WAYS OF BECOMING PRINCIPAL BY IN&UCTION:1. y directly forcing another to commit a crime by 6

a" 5sing irresistible force.b" !ausing uncontrollable fear. %n these cases, there is no conspiracy, not even a unity of criminal pu

intention. *nly the one using the force or causing the fear is crimina#he material e/ecutor is not criminally liable because of Art. 1, par(e/empting circumstances"

. y directly inducing another to commit a crime by 6a" iving of price, or offering of reward or promise.

#he one giving the price or offering the reward or promise is a prinducement while the one committing the crime in consideratiois a principal by direct participation. #here is collectiveresponsibility.

b" 5sing words of command #he person who used the words of command is a principal by ind

while the person who committed the crime because of the command is a principal by direct participation. #here is also criminal responsibility.

#he inducement must precede the act induced and must be so influproducing the criminal act that without it, the act would not hperformed.

%f the person who actually committed the crime had reason of his own tthe crime, it cannot be said that the inducement was influential in prodcriminal act.

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PRINCIPAL BYIN&UCEMENT

OFFEN&ER WHOMA&E PROPOSAL

TO COMMIT AFELONY

I$ "%'

#here is an inducement to commit a crime

W'e$ #!a"#e

ecomes liable onlywhen the crime iscommitted by theprincipal by directparticipation.

#he mere proposal tocommit a felony ispunishable in treasonor rebellion.


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MEMORYAIDINCRIMI

%n the absence of any previous conspiracy, unity of criminal purpose and intentionimmediately before the commission of the crime, or community of cr iminal design,the criminal responsibility arising from different acts directed against one and thesame person is individual and not collective, and each of the participants is liableonly for the act committed by him.

ART. , ACCOMPLICES Accomplices are persons who, not acting as principals, cooperate in the e/ecution ofthe offense by previous and simultaneous acts, which are not indispensable to thecommission of the crime.

#hey act as mere instruments who perform acts not essential to the perpetration ofthe offense.

RE=UISITES:1. #hat there be community of design9 that is, 2nowing the criminal design of the

principal by direct participation, he concurs with the latter his purpose9. #hat he cooperates in the e/ecution of the offense by previous or simultaneous

acts, with the intention of supplying material or moral aid in the e/ecution of thecrime in an efficacious way9 and

. #hat there be a relation between the acts done by the principal and thoseattributed to the person charged as an accomplice.

efore there could be an accomplice, there must be a principal by directparticipation.

#he person charged as an accomplice should not have inflicted a mortal wound. %fhe inflicted a mortal wound, he becomes a principal by direct participation.

%n case of doubt, the participation of the offender will be considered that of anaccomplice rather than that of a principal.

ART. , ACCESSORIES Accessories are those who 6- having 2nowledge of the commission of the crime, and

- without having participated therein either as principals or accomplices, subseuent to its commission in any of the following acts3

1. y profiting themselves or assisting the offender to profit by the effeccrime.

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

%n profiting by the effects of the crime, the accessory must receive thefrom the principal.


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v. #hat the principal is 2nown to be habitually guilty of some other crime.

here the alleged principal is acuitted, it is neither proper nor possible toconvict the defendant as an accessory. #he responsibility of the accessory issubordinate to that of the principal in a crime

,2

+encing 6 is an act, with intent to gain, of buying, selling, receiving, possessing,2eeping, or in any other manner dealing in anything of value which a person 2nows orshould have 2nown to be derived from the proceeds of the c rime of robbery or theft.

+ence 6 is a person who commits the act of fencing. A fence who receives stolenproperty as above-provided is not an accessory but a principal in the crime defined inand punished by the Anti-+encing $aw.

8ere possession of anything of value which has been the subject of robbershall beprima facieevidence of fencing.

ART. 2 ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABLI

#he e/emption provided for in this article is based on the ties of bloopreservation of the cleanliness of one's name, which compels one tcrimes committed by relatives so near as those mentioned in this article.

AN ACCESSORY IS EXEMPT FROM CRIMINAL LIABLITY WHEN THE PRINCIPAL 1. spouse, or. ascendant, or. descendant, or4. legitimate, natural or adopted brother, sister or relative by affinity w

same degree.

ACCESSORY IS NOT EXEMPT FROM CRIMINAL LIABILITY EVEN IF THE PRINRELATE& TO HIM0 IF SUCH ACCESSORY 1. profited by the effects of the crime, or. assisted the offender to profit by the effects of the crime.)7A&*3 ecause such acts are prompted not by affection but by a detestabl

Public officer contemplated in par. of Art. 1F is e/empt by reason of reto the principal, even if such public officer acted with abuse of hfunctions.)7A&*3 #ies of blood or relationship constitutes a more powerful incenthe call of duty.

P.&. ,2 penaliBes the act of any person who 2nowingly or willfully impedes, frustrates or delays the apprehension of suspects and the investigprosecution of criminal cases.

#he benefits of the e/ception in Art. ? do not apply to P= 1EF.

TITILE THREE: PENALTIES

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MEMORYAIDINCRIMI

C'a(er O$e: Pe$a#!e) !$ Ge$era# *Ar). 2,-2;

Pe$a#. 8ust be eual for all.D. 8ust be correctional.

PURPOSE OF THE STATE IN PUNISHING CRIMES #he &tate has an e/istence of its own to maintain, a conscience to assert, and moralprinciples to be vindicated. Penal justice must therefore be e/ercised by the &tate inthe service and satisfaction of a duty, and rests primarily on the moral rightfulness ofthe punishment inflicted.

#he basis of the right to punish violations of penal law is the police power of the

&tate.

THEORIES DUSTIFYING PENALTY:1. Prevention 6 to prevent or suppress the danger to the &tate arising from the

criminal act of the offender.

. &elf-defense 6 so as to protect society from the threat and wrong inflicted by thecriminal.

. )eformation 6 the object of punishment in criminal cases is to correct and reformthe offender.

4. 7/emplarity 6 the criminal is punished to serve as an e/ample to deter otcommitting crimes.

0. Lustice 6 that crime must be punished by the &tate as an act of retributiva vindication of absolute right and moral law violated by the criminal.

THREE-FOL& PURPOSE OF PENALTY UN&ER THE CO&E:1. )etribution or e/piation 6 the penalty is commensurate with the grav

offense.. !orrection or reformation 6 shown by the rules which regulate the e/ecut

penalties consisting in deprivation of liberty.. &ocial defense 6 shown by its infle/ible severity to recidivists and

delinuents.

ART. 2, PENALTIES THAT MAY BE IMPOSE&

A felony shall be punishable only by the penalty prescribed by law atof its commission.

%t is a guaranty to the citiBen of this country that no acts of hiconsidered criminal until the overnment has made it so by lawprovided a penalty.

)7A&*3 ecause a law cannot be rationally obeyed unless it is fir

and a man cannot be e/pected to obey an order that has not been giv

ART. 22 RETROACTIVE EFFECT OF PENAL LAWS

77)A$ )5$73 Penal laws are applied prospectively.7;!7P#%*3 hen retrospective application will be favorable to the perof a felony9 Provided that3

1. #he offender is *# a habitual criminal (delinuent" under Art. >(0"9. #he new or amendatory law does *# provide against its ret

application.

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Ha"!3a# 8e#!$3e$6 a person who, within a period of ten years from the date of hisrelease or last conviction of the crimes of serious or less serious physical injuries,robbery, theft, estafa, or falsification, is found guilty of any said crimes a third timeor oftener.

EX POST FACTO LAWAn act which when committed was not a crime, cannot be made so by statute withoutviolating the constitutional inhibition as to e/ post facto laws. An e/ post facto law is

one which31. 8a2es criminal an act done before the passage of the law and which was innocent

when done9. Aggravates a crime, or ma2es it greater than it was, when committed9. !hanges the punishment and inflicts a greater punishment than the law anne/ed

to the crime when committed94. Alters the legal rules of evidence, and authoriBes conviction upon a less or

different testimony than the law reuired at the time of the commission of theoffense9

0. Assumes to regulate civil rights and remedies only, in effect imposing a penalty ordeprivation of a right for something which when done was lawful9 and

>. =eprives a person accused of a crime of some lawful protection to which he hasbecome entitled, such as the protection of a former conviction or acuittal, or aproclamation of amnesty.

%f retroactive effect of a new law is justified, it shall apply to the defendant evenif he is31. presently on trial for the offense9. has already been sentenced but service of which has not begun9 or. already serving sentence

#he retroactive effect of criminal statutes does not apply to the culprit's civilliability.)7A&*3 #he rights of offended persons or innocent third parties are not withinthe gift of arbitrary disposal of the &tate.

#he provisions of Art. are applicable even to special laws which provide morefavorable conditions to the accused.

Cr!7!$a# #!a"!#!< 3$8er 'e re(ea#e8 #a )3")!)):1. hen the provisions of the former law are reenacted9 or

#he right to punish offenses committed under an old penal lae/tinguished if the offenses are still punishable in the repealing pena

. hen the repeal is by implication9 or hen a penal law, which impliedly repealed an old law, is itself repe

repeal of the repealing law revives the prior penal law, unless the la

the repealing statute provides otherwise. %f the repeal is absolute, criminal liability is obliterated.

. hen there is a saving clause.

ART. 2+- EFFECT OF PAR&ON BY THE OFFEN&E& PARTY

77)A$ )5$7 6 Pardon by the offended party does not e/tinguish theliability of the offender. )7A&*3 A crime committed is an offense against t*nly the !hief 7/ecutive can pardon the offenders.

7;!7P#%* - Pardon by the offended party will bar criminal prosecutifollowing crimes3

Adultery and !oncubinage (Art. 44, )P!"

6 7;P)7&& or %8P$%7= pardon must be given by offended party offenders.

- Pardon must be given P)%*) to institution of criminal action.

&eduction, Abduction, Acts of $asciviousness (Art. 44, )P!"

6 7;P)7&& pardon given by offended party or her parents or grandpguardian

- Pardon must be given P)%*) to the institution of the crimin


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MEMORYAIDINCRIMI

criminal action or remit the penalty already imposed against the offender, his co-principals, accomplices and accessories after the fact.

)ape (as amended by ).A. E0"- #he subseuent valid marriage between the offender and the offended party

shall e/tinguish criminal liability or the penalty imposed. %n case the legal husband isthe offender, subseuent forgiveness by the wife as offended party shall also producethe same effect.

Pardon by the offended party under Art. 44 is *$M A A) to criminalprosecution9 it is *# a ground for e/tinguishment of criminal liability.

evertheless, civil liability may be e/tinguished by the 7;)7&& A%:7) of theoffended party.

AN OFFENSE CAUSES

TWO CLASSES OF INDURIES:SOCIAL INDURY PERSONAL INDURY

Produced by thedisturbance andalarm which are theoutcome of theoffense.

!aused to the victimof the crime whosuffered damageeither to his person, tohis property, to hishonor or to herchastity.

%s sought to berepaired throughthe imposition ofthe correspondingpenalty.

%s repaired throughindemnity.

#he offended partycannot pardon theoffender so as to

relieve him of thepenalty.

#he offended partymay waive theindemnity and the

&tate has no reason toinsist in its payment.

ART. 2; MEASURES OF PREVENTION OR SAFETY WHICH ARE NOT CONPENALTIES

THE FOLLOWING ARE NOT CONSI&ERE& AS PENALTIES:1. #he arrest and temporary detention of accused persons, as well as their

by reason of insanity or imbecility, or illness reuiring their confinehospital.

. #he commitment of a minor to any of the institutions mentioned in ArtArt. 1F, P= o. >?" and for the purposes specified therein.

. &uspension from the employment or public office during the trial or ininstitute proceedings.

4. +ines and other corrective measures which, in the e/ercise of their admor disciplinary powers, superior officials may impose upon their subordina

0. =eprivation of rights and the reparations which the civil law may establisform.

Rea)%$) '< 'e< are $% (e$a#!e):

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1. ecause they are not imposed as a result of judicial proceedings. #hose mentionedin paragraphs 1, and 4 are merely preventive measures before conviction ofoffenders.

. #he offender is not subjected to or made to suffer these measures in e/piation ofor as punishment for a crime.

Par. 1 does not refer to the confinement of an insane or imbecile who has notbeen arrested for a crime. %t refers to @accused persons who are detained @by

reason of insanity or imbecility.

Paragraphs and 4 refer to administrative suspension and administrative fines andnot to suspension or fine as penalties for violations of the )P!.

#he deprivations of rights established in penal form by the civil laws is illustratedin the case of parents who are deprived of their parental authority if found guiltyof the crime of corruption of their minor children, in accordance with Art. ofthe !ivil !ode.

here a minor offender was committed to a reformatory pursuant to Art. E? (now,P= >?", and while thus detained he commits a crime therein, he cannot beconsidered a uasi-recidivist since his detention was only a preventive measure,whereas a uasi-recidivism presupposes the commission of a crime during theservice of the penalty for a previous crime.

C'a(er T%: C#a))!4!6a!%$ %4 Pe$a#!e) *Ar). 2-2>

ART. 2 PENALTIES WHICH MAY BE IMPOSE&

#he scale in Art. 0 is only a general classification of penalties based on theirseverity, nature and subject matter.

#he scale of penalties in Art. D? is provided for successive service of sentencesimposed on the same accused, in consideration of their severity and natures.

#he scales in Art. D1 are for the purpose of graduating the penalties by degrees inaccordance with the rules in Art. >1.

CLASSIFICATION OF PENALTIES UN&ER ARTICLE 2:a" ased on their severity or gravity

1. !apital,. Afflictive,. !orrectional,4. $ight #his classification corresponds to the classification of felonies in Ar

grave, less grave and light.b" ased on their nature

1. Principal penalties 6 those e/pressly imposed by the court in the judconviction. 8ay be further classified based on divisibility

i. =ivisible 6 are those that have fi/ed duration and are divithree periods.

ii. %ndivisible 6 are those which have no fi/ed duration. #hese ar1" =eath+- $eclusin perpetua" Perpetual absolute or special disualification4" Public censure

. Accessory penalties 6 are those that are deemed included in thepenalties.

c" ased on subject matter

1. !orporal (death".. =eprivation of freedom (reclusion, prision, arresto".. )estriction of freedom (destierro".4. =eprivation of rights (disualification and suspension".0. Pecuniary (fine".

Perpetual or temporary absolute disualification, perpetual or temporadisualification, and suspension may be principal or accessory penalties.7;A8P$7&3

%. Perpetual absolute disualification is a principal penalty in pre(Art. ?4" and perpetual special disualification, in malversation (A

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MEMORY AID IN CRIMI


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MEMORYAIDINCRIMI

%%. #emporary absolute disualification is a principal penalty when theaccessory acts with abuse of public functions (Art, 1FIJ and Art. 0E" andtemporary special disualification, in direct bribery (Art. ?>".

%%%. &uspension is a principal penalty in rendition of unjust interlocutory orders(Art. ?>".

ond to 2eep the peace is imposed only in the crime of threats (Art. E4", either

grave (Art. E" or light (Art. E".

ART. 2> FINE WHEN AFFLICTIVE0 CORRECTIONAL OR LIGHT

FINE IS:1. Afflictive 6 over P>,???.??. !orrectional 6 P??.?? to P>,???.??. $ight penalty 6 less than P??.??

&ame basis may be applied to ond to 2eep the peace by analogy.

#his article determines the classification of a fine whether imposed as a single oras an alternative penalty for a crime.

#he rule herein does not apply where the fine involved is in a compound penalty,that is, it is imposed in conjunction with another penalty.

here the fine in uestion is e/actly P??, under Art. F it is a light felony, hencethe felony involved is a light felony9 whereas under Art. >, it is a correctionalpenalty, hence the offense involved is a less grave felony. %t has been held thatthis discrepancy should be resolved liberally in favor of the accused, hence Art. Fprevails over Art. > (People vs. @u ai" 33 Phil. +9-.

yrs. and 1 day to 1 yrs

when disualification is an accessory penalty, in which case its durationthe principal penalty.

4. Prisin correccional" suspensin, and destierro6 > mos. and 1 day to > yrwhen suspensiNn is an accessory penalty, in which case its duration is thprincipal penalty.

0. Arresto ma0or6 1 mo. And 1 day to > mos.>. Arresto menor6 1 day to ? daysD. ond to 2eep the peace 6 the period during which the bond shall be e

discretionary on the court.

>estierrois a principal, correctional and divisible penalty.

I$ 'a 6a)e) !) destierro!7(%)e8@

1. &erious physical injuries or death under e/ceptional circumstances. (Art. . %n case of failure to give bond for good behavior. (Art. E4". As a penalty for the concubine in concubinage. (Art. 4"4. %n cases where after reducing the penalty by one or more degrees, destie

proper penalty.

ART. 2 COMPUTATION OF PENALTIES

1. hen the offender is in prison 6 the duration of temporary penalties isday on which the judgment of conviction becomes final.

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. hen the offender is not in prison 6 the duration of penalties consisting indeprivation of liberty, is from the day that the offender is placed at the disposalof judicial authorities for the enforcement of the penalty.

. #he duration of other penalties 6 the duration is from the day on which theoffender commences to serve his sentence.

ART. 2 PERIO& OF PREVENTIVE IMPRISONMENT &E&UCTE& FROM TERM OF

IMPRISONMENT

Pre9e$!9e !7(r!)%$7e$6 is the period of detention undergone by an accused wherethe crime with which he is charged is non-bailable or, even if bailable, he is unable topost the reuisite bail.

#hese rules on preventive imprisonment apply to all sentences regardless of theduration thereof, including the so-called perpetual penalties as long as theyinvolve deprivation of liberty. %t applies to destierro.

W'e$ !) 'e 8ee$!%$ (r!)%$er e$!#e8 % 'e 43## 6re8! %4 '!) (re9e$!9e!7(r!)%$7e$@%f the detention prisoner agrees voluntarily in writing to abide by the same disciplinaryrules imposed upon convicted prisoners.W'e$ !## 'e "e 6re8!e8 %$#< !' 4%3r-4!4') 'e !7e 83r!$ '!6' 'e 'a)

3$8er%$e (re9e$!9e !7(r!)%$7e$@%f the detention prisoner does not agree to abide by the same disciplinary rulesimposed upon convicted prisoners.

%n the case of a youthful offender who has been proceeded against under the !hildand Mouth elfare !ode, he shall be credited in the service of his sentence withthe full time of his actual detention, whether or not he agreed to abide by thesame disciplinary rules of the institution.

T'e 4%##%!$ %44e$8er) are $% e$!#e8 % "e 6re8!e8 !' 'e 43## !7e %r 4%3r-4!4') %4 'e !7e %4 (re9e$!9e !7(r!)%$7e$:1. )ecidivists or those convicted previously twice or more times of any crime.

. #hose who, upon being summoned for the e/ecution of their sentencesurrender voluntarily.

PAR&ON ITS EFFECTS

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MEMORYAIDINCRIMI

EFFECTS OF PAR&ON BY THE PRESI&ENT1. A pardon shall not restore the right to hold public office or the right of suffrage.

7;!7P#%*3 hen any or both such rights isHare e/pressly restored by the terms ofthe pardon.

. %t shall not e/empt the culprit from the payment of the civil liability.

LIMITATIONS UPON THE EXERCISE OF THE PAR&ONING POWER:1. #hat the power can be e/ercised only after conviction @by final judgment9

. #hat such power does not e/tend to cases of impeachment.GENERAL RULE:hen the principal penalty is remitted by pardon, only the effect ofthat principal penalty is e/tinguished, but not the accessory penalties attached to it.EXCEPTION: hen an absolute pardon is granted after the term of imprisonment hase/pired, it removes what is left of the conseuences of conviction.

PAR&ON BY THECHIEF EXECUTIVE

*ART. +>

PAR&ON BYOFFEN&E& PARTY

*ART. 2+A) % 'e 6r!7e 6%9ere8

!an e/tend to anycr ime, unlessotherwise providedby or subject toconditions in the!onstitution or thelaws.

Applies only tocrimes againstchastity under the)P!.

A) % e!$3!)'7e$ %4 6r!7!$a##!a"!#!

!an be val id lygranted only beforethe institution of thecriminal action.

T% '%7 ra$e8#o any or all of theaccused

%n adultery andconcubinage, mustinclude bothoffenders.

A) % 'e'er ! 6a$ "e 6%$8!!%$a#8ay be absolute or

conditional

!annot validly be

made subject to acondition.

ART. + COSTS

C%)) %r 6%)) %4 )3!6 are the e/penses of litigation allowed and regulat)ules of !ourt to be assessed against or to be recovered by a party in l itigatio

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THE FOLLOWING ARE INCLU&E& IN COSTS:1. +ees, and. %ndemnities, in the course of judicial proceedings.

Are chargeable to the accused only in cases of conviction. %n case of acuittal, thecosts are de oficio, meaning each party bearing his own e/penses.

#he payment of costs is a matter that rests entirely upon the discretion of courts.

ART. + - PECUNIARY LIABILITIES

W'a are 'e (e63$!ar< #!a"!#!!e) %4 (er)%$) 6r!7!$a##< #!a"#e@#hey are, in the following order31. #he reparation of the damage caused. %ndemnification of the conseuential damages. +ine4. !osts of proceedings.

W'e$ !) Ar.+ a((#!6a"#e@%n case the property of the offender should not be sufficient for the payment of all hispecuniary liabilities.

ART. + SUBSI&IARY PENALTY

S3")!8!ar< (e$a# months 6 if the culprit is prosecuted for grave or

felony, andb" not to e/ceed 10 days 6 if prosecuted for light felony.

. hen the penalty imposed is higher than prisin correccional 6 no imprisonment.

4. %f the penalty imposed is not to be e/ecuted by confinement, but of fi/ed6 subsidiary penalty shall consist in the same deprivations as those of thepenalty, under the same rules as nos. 1, and above.

0. %n case the financial circumstances of the convict should improve, he shafine, notwithstanding the fact that the convict suffered subsidiaryliability therefor.

hen the penalty prescribed for the offense is imprisonment, it is thactually imposed by the !ourt, not the penalty provided for by the !od

should be considered in determining whether or not subsidiary penalty imposed.

NO SUBSI&IARY PENALTY SHALL BE IMPOSE& WHERE:1. #he penalty imposed is higher thanprisin correccionalor > years,

Additional penalty for habitual delinuency should be included in dewhether or not subsidiary penalty should be imposed.

. +or non-payment of reparation or indemnification,

. +or non-payment of costs, and

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4. here the penalty imposed is a fine and another penalty without fi/ed duration,li2e censure.

#he rules on subsidiary penalty in Art. F are applicable to crimes punishable byspecial laws by force of Art. 1? of the !ode.

Se6!%$ T'ree Penalties in which other accessory penalties are inherent

OUTLINE OF ACCESSORY PENALTIES INHERENT IN PRINCIPAL PENALTIES1. =eath, when not e/ecuted by reason of commutation or pardon

i. Perpetual absolute disualification, andii. !ivil interdiction during ? years, if not e/pressly remitted in the pardon.

. $eclusin perpetuaand reclusin temporali. !ivil interdiction for life or during the sentence, andii. Perpetual absolute disualification, unless e/pressly remitted in the pardon of

the principal penalty.

'. Prisin ma0ori. #emporary absolute disualification, andii. Perpetual special disualification from suffrage, unless e/pressly remitted in

the pardon of the principal penalty.

,. Prisin correccionali. &uspension from public office, profession or calling, andii. Perpetual special disualification from suffrage, if the duration of

imprisonment e/ceeds 1E months, unless e/pressly remitted in the pardon ofthe principal penalty.

#here is perpetual special disualification from suffrage, only when theduration of the imprisonment e/ceeds 1E months.

0. Arresto6 suspension of the right to hold office and the right of suffrage during theterm of the sentence.

#he !ode does not provide for any accessory penalty for destierro.

RECLUSIONPERPETUA

LIFEIMPRISONMENT


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#his accessory penalty presupposes a judgment of conviction.


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. #hat the single actproduces3 (1" two or moregrave felonies, or (" one ormore grave and one or more less grave felonies.

. !*8P$7; !)%87 P)*P7) (delito comple=o" 6 an offense is a necessar0 means forcommitting the other.

RE=UISITES:1. #hat at least two offenses are committed9. #hat one or some of the offenses must be necessar0 to commit the other9

. #hat both or all of the offenses must be punished under the same statute.

NO COMPLEX CRIME IN THE FOLLOWING CASES1. %n case of continuing crimes. hen one offense is committed to conceal the other.. hen the other crime is an indispensa/le part or an element of the other

offenses.4. here one of the offenses is penaliBed by a special law. Art. 4E does not apply when the law provides one single penalty for special

comple/ crime. #hese include 6)obbery with


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RULES:

11 %f the penalty for the felony committed be higher than the penalty for the offensewhich the accused intended to commit, the lowerpenalty shall be imposed in itsma/imum period.

11 %f the penalty for the felony committed be lower than the penalty for the offensewhich the accused intended to commit, the lowerpenalty shall be imposed in itsma/imum period.

11 %f the act committed also constitutes an attempt or frustration of another crime,and the law prescribes a higher penalty for either of the latter, the penalty forthe attempted or frustrated crime shall be imposed in its ma/imum period.

ART. . PENALTY TO BE IMPOSE& IN CASE OF FAILURE TO COMMIT THE CRIMEBECAUSE THE MEANS EMPLOYE& OR THE AIMS SOUGHT ARE IMPOSSIBLE

#he penalty for impossible crime isArresto ;a0or(imprisonment of 1 mo and 1 day to> mos" or fine ranging from ??-0??pesos.A&%& +*) #,. RULES OF GRA&UATING PENALTIESAccording to Arts. 0?-0D, the penalty prescribed by law for the felony shall be lowered

by one or two degrees, as follows31. +or the principal in frustrated felony 6 one degree lower9. +or the principal in attempted felony 6 two degrees lower9. +or the accomplice in consummated felony 6 one degree lower94. +or the accessory in consummated felony 6 two degrees lower9

&IAGRAM OF THE APPLICATION OF ARTS. - :

CONSUM-MATE&

FRUS-TRATE&

ATTEMP-TE&

Prin ? 1

Accom 1

Acces 4

%n this diagram, @? represents the penalty prescribed by law in definingwhich is to be imposed on the principal in a consummatedoffense, in accordthe provisions of Art. >4. #he other figures represent the degrees to which th

must be lowered, to meet the different situations anticipated by law.

Se6!%$ T% ules for the application of penalties with regard to the mand aggravating circumstances" and habitual delin*uency

ART. >2. EFFECTS OF THE ATTEN&ANCE OF MITIGATING OR AGGRAVCIRCUMSTANCES AN& OF HABITUAL &ELI=UENCY

EFFECTS:1. Aggravating circumstances (generic and specific" have the effect of incre

penalty, without however e/ceeding the ma/imum period provided by law. ;itigating circumstances have the effect of diminishing the penalty.. a/itual delin?uenc0 has the effect, not only of increasing the penalty b

recidivism which is generally implied in habitual delinuency, but also ofan additional penalty.

RE=UISITES OF HABITUAL &ELI=UENCY:1. that the offender had been convicted of any of the crimes of serious or le

physical injuries, robbery, theft, estafa or falsification.. that after conviction or after serving his sentence, he again commit

within 1? years from his last release of first conviction, he was again coany of the said crimes for the second time.

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. that after his conviction of, or after serving sentence for the second offense, heagain committed" and, within 1? years from his last release or last conviction, hewas again convicted of any of said offenses, the third time or oftener.

Ha"!3a#!< 8!)!$3!)'e8 4r%7 re6!8!9!)7HABITUAL

&ELI=UENCYRECI&IVISM

A) % 'e CRIMES 6%77!e8

#he cr imes arespecified %t is sufficient thatthe accused on thedate of his trial,shall have beenpreviouslyconvicted by finaljudgment ofanother crimeembraced in thesame title.

A) % 'e PERIO& %4 !7e 'e 6r!7e)are 6%77!e8

#he offender is foundguilty within tenyears from his lastrelease or lastconviction.

o period of timebetween theformer convictionand the lastconviction.

A) % 'e NUMBER %4 6r!7e)6%77!e8

#he accused must befound guilty the thirdtime or oftener ofthe crimes specified.

#he second offenseis for an offensefound in the sametitle.

A) % 'e!r EFFECTSAn additional penaltyis also imposed

%f not offset by amitigatingcircumstance,serves to increasethe penalty only tothe ma/imum

ART. >+ RULES FOR THE APPLICATION OF IN&IVISIBLE PENALTIES

OUTLINE OF THE RULES:

11 hen the penalty is single indivisi/le, it shall be applied regardlemitigating (e/cept if privilege mitigating" or aggravating circumstances.

11 hen the penalty is composed of two indivisi/le penalties, the followshall be observed3

a" hen there is onl0 one aggravating circumstance, the greater penaltimposed.

b" hen there is neither mitigating nor aggravating circumstances, tpenalty shall be imposed.

c" hen there is a mitigating circumstance and no aggravating circumstlesser penalty shall be imposed.

d" hen /oth mitigating and aggravating circumstances are present, shall allow them to offset one another.

ART. >; RULES FOR THE APPLICATION OF PENALTIES0 WHICH CONTAINPERIO&S

CASES IN WHICH MITIGATING AN& AGGRAVATING CIRCUMSTANCES ACONSI&ERE& IN THE IMPOSITION OF PENALTY:1. hen the penalty is single and indivisible (e/cept if privileged mitigating. %n felonies through negligence. hen the penalty is only a fine imposed by an ordinance4. hen the penalties are prescribed by special laws

ART. >>. IMPOSITION OF FINES

OUTLINE OF THE PROVISION:

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1. #he court can fi/ any amount of the fine within the limits established by law.. #he court must consider3 (1" the mitigating and aggravating circumstances9 and ("

more particularly, the wealth or means of the culprit.. #he court ma0 also consider3 (1" the gravity of the crime committed9 (" the

heinousness of it s perpetration9 and (" the magnitude of its effects on theoffender's victims.

ART. >. PENALTY TO BE IMPOSE& UPON A PERSON UN&ER EIGHTEEN YEARS OFAGE

APPLICATION OF ART. >:

#his article is not immediately applicable to a minor under 1E years of age,because such minor, if found guilty of the offense charged, is not sentenced to anypenalty. #he sentence is suspended and he is ordered committed to thereformatory institution, %+, his application therefore is approved by the court.

#his article is applicable when the minor's application for suspension of sentenceis >72APP$O8E> or if while in the reformatory institution he becomes%!*))%%$7, in which case he shall be returned to the court for the impositionof the proper penalty.

ART. . SUCCESSIVE SERVICE OF SENTENCE

THE THREE-FOL& RULE

11 #


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which, the court is mandated to impose for the /enefit of a guilt0 person who is notdis?ualified therefore, when the ma/imum imprisonment exceeds one (&- 0ear. %tapplies to /oth violations of )evised Penal !ode and special laws.

A. SENTENCE IN THE ISL%n imposing a prison sentence for an offense punished by the )evised Penal !ode orspecial penal laws, the court shall sentence the accused to an indeterminatesentence, which has a maximum and a minimumterm based on the penalty actually

imposed.

%&$ application is mandatory, where imprisonment would e/ceed one year.

I. IF THE PENALTY IS IMPOSE& BY THE RPC:

1. The ;aximum Term B is that which could be properl0 imposed under the )P!,considering the aggravating and mitigating circumstances.

2. The ;inimumTerm Bis within the range of the penalty one degree lower than thatprescribed by the )P!, without considering the circumstances.

5# when there is a privileged mitigating circumstance, so that the penalty has tobe lowered /0 one degree" the A)#% P*%# for determining the minimumtermof the indeterminate penalty is the penalty ne/t lower than that prescribedby the !ode for the offense.

II.IF THE PENALTY IS IMPOSE& BY SPECIAL PENAL LAW

a" The ;aximum Term B must not e/ceed the ma/imum term fi/ed by said law.b" The ;inimum Term Bmust not be less than the minimum term prescribed by thesame.

+or &P7!%A$ $A&, it is anything within the inclusive rangeof the prescribedpenalty. !ourts are given discretion in the imposition of the indeterminatepenalty. #he aggravating and mitigating circumstances are not considered unlessthe special law adopts the same terminology for penalties as those used in the )P!(such as reclusin perpetuaand the li2e".

B. WHEN BENEFIT OF THE ISL IS NOT APPLICABLE:#he %ndeterminate &entence $aw shall not apply to the following persons31. sentenced to death penalt0 or life imprisonment

. treason" or conspirac0 or proposal to commit treason. misprision of treason, rebellion, sedition or espionage4. pirac00. ha/itual delin?uents>. escaped from confinement, or evaded sentenceD. granted with conditional pardon by the President, but violated the termsE. ma/imum term of imprisonment does not exceed & 0earF. sentenced to the penalty of destierro or suspension only

C. RELEASE OF THE PRISONER ON PAROLE#he oard of Pardons and Parole ma0 authori5e the release of a prisoner oafter he shall have served the minimum penalty imposed on him, provided tha" &uch prisoner isfitted by his training for release,b" #here is reasonable probability that he will live and remain at libert

violating the law,c" &uch release will not be incompatible with the welfareof society.

&. ENTITLEMENT TO FINAL RELEASE AN& &ISCHARGE%f during the period of surveillance such paroled prisoner shall3 (a" show hima law abiding citiBen and, (b" shall not violate any law, the oard may isscertification in his favor, for his final release and discharge.

E. SANCTION FOR VIOLATION OF CON&ITIONS OF THE PAROLEhen the paroled prisoner shall violate an0of the conditions of his paroleoard ma0 issue an order for his arrest" and thereafter, (b" the prisoner sthe remaining une/pired portion of the ma/imum sentence for which he wascommitted to prison.

F. REASONS FOR FIXING THE MAXIMUM AN& MINIMUM TERMS IN THE IN&ETESENTENCE#he minimum and ma/imum terms in the %& must be fi/ed, because they arefor the following31. henever a prisoner has3 (a" served the 8%%858 penalty imposed on him

is fit for release of the prisoner on parole, upon terms and conditions pby the oard.

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. ut when the paroled prisoner violates any of the conditions of his parole duringthe period of surveillance, he may be rearrested to serve the remaining une/piredportion of the 8A;%858 sentence.

. 7ven if a prisoner has already served the 8%%858, but he is not fitted for releaseon the parole, he shall continue to serve until the end of the 8A;%858 term.

THE CHIL& AN& YOUTH WELFARE CO&E *P& >+0 a) a7e$8e8

W'% !) a Y%3'43# O44e$8er@A youthful offender is a child, minor, or youth, including one who is emancipated inaccordance with law, who is over nine years but under eighteen years of age at thetime of the commission of the offense. A child nine years of age or under at the time of the commission of the offense

shall be e/empt from criminal liability and shall be committed to the care of his orher father or mother, or nearest relative or family friend in the discretion of thecourt and subject to its supervision

#he same shall be done for a child over nine years and under fifteen years of ageat the time of the commission of the offense, unless he acted with discernment, inwhich case he shall be proceeded against in accordance with Article 1F.

1. #he purpose of the !hild and Mouth elfare !ode is to avoid a situation whereL5:7%$7 *++7=7)& would commingle with ordinary criminals in prison.

. %f the court finds that the youthful offender committed the crime charged againsthim, it shall =7#7)8%7 the imposable penalty and the civil liability chargeableagainst him.

. #he court may not pronounce judgment of conviction but instead &5&P7= allfurther proceedings if, upon application of the youthful offender, it finds that thebest interest of the pu/lic and that of the offender will be served thereby.

4. #he benefits of Article 1F of P= >?, as amended, providing for suspension ofsentence, shall *# APP$M #* (1" a youthful offender who once en=o0edsuspension of sentence under its provisions, or (" one who is convicted of anoffense punishable by death or life imprisonment.

0. #he youthful offender shall be )7#5)7= to the committing court forpronouncement of judgment, when the youthful offender, (1" has been foundincorrigi/le" or (" has willfull0 failed to comply with the conditions of his

rehabilitation programs9 or (" when his continued stay in the training iwould be inadvisa/le.

>. hen the youthful offender has reached the age of #7#M-*7commitment, the court shall determine whether-a" #o =%&8%&& the case, if the youthful offender has /ehaved proper

shown his capability to be a useful member of the community9 orb" #o P)**5!7 the judgment of conviction, if the conditions ment

not met.

D. %n the latter case, the convicted offender may apply for P)*A#%*. %nthe youthful offender shall be credited in the service of his sentence witime spent in actual commitment and detention.

E. #he final release of a youthful offender, based on good conduct as provid1F> shall not obliterate his !%:%$ $%A%$%#M for damages.

F. A minor who is A$)7=M A A=5$# at the time of his conviction is not entsuspension of sentence.

PROBATION LAW OF ,>*P& >0 AS AMEN&E&

A. CONCEPTP)*A#%* is a disposition under which a defendant after conviction andis released subject to conditions imposed by the court and to the supervprobation officer.

B. APPLICATION#his shall apply to all offenders e/cept those entitled to benefits under Psimilar laws.

C. RULES ON GRANT OF PROBATION1. After having convicted and sentenced a defendant, the trial court 8AM

the e/ecution of the sentence, and place the defendant on probatiAPP$%!A#%* by the defendant within theperiod for perfecting an appea

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. Probation may be granted whether the sentence imposed a term of imprisonmentorfine only.

. * application for probation shall be entertained or granted if the defendant hasP7)+7!#7= A APP7A$ from the judgment of conviction.

4. +iling of application for probation operates as a A%:7) *+ #


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L. EFFECTS OF TERMINATIONOF PROBATION

1. !ase is deemed terminated.. $estoration of all civil rights lost or suspended.. Cull0 discharges liability for any fine imposed.

ote that the probation is *# coterminous with its period. #here must be an

order issued by the court discharging the probationer.

C'a(er F!9e: Ee63!%$ a$8 Ser9!6e %4 Pe$a#!e) *Ar). -

ART. +. SUSPENSION OF THE EXECUTION OF THE &EATH SENTENCE

&ea' )e$e$6e )'a## "e )3)(e$8e8 'e$ a663)e8 !) a:

11 oman, while pregnant,11 oman, within one year after delivery,11 Person over D? years of age911 !onvict who becomes insane" after final sentence of death has been pronounced.

ART. . &ESTIERRO

ONLY IN THE FOLLOWING CASES IS &ESTIERRO IMPOSE&:

11 =eath or serious physical injuries is caused or are inflicted under exceptionalcircumstances (Art. +,-D

11 +ailure to give /ondfor good behavior in grave and light threats (Art. E4"911 Penalty for the concu/ine in concubinage (Art. 4"911 hen, after reducing the penalty by one or more degrees, destierrois theproper

penalt0.

TITLE FOUR: EXTINCTION OF CRIMINAL LIABILITY

C'a(er O$e: T%a# E!$6!%$ %4 Cr!7!$a# L!a"!#!< *Ar). -+

ART. . CRIMINAL LIABILITY IS TOTALLY EXTINGUISHE&

HOW CRIMINAL LIABLITY TOTALLY EXTINGUISHE&:

11y the =7A#< of the convict as to personal penalties9 5# as to penalties, liability is e/tinguished only when the death of the offendbefore or after final judgment

11 y &7):%!7 *+ &7#7!7911 y A87M, which completely e/tinguishes the penalty and all its effect11 y A&*$5#7 PA)=*11 y P)7&!)%P#%* *+ #


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crime and ise/ercisedindividually by thePresident

to classes of personsor communities whomay be guilty ofpolitical offenses.

. 7/ercised whenthe person isalready convicted

. 8ay be e/ercisedeven before trial orinvestigation is had

. 8erely loo2s+*)A)= andrelieves theoffender from theconseuences of anoffense of which hehas been convicted9it does not wor2 forthe restoration ofthe rights to holdpublic office, orthe right ofsuffrage, unlesssuch rights aree/pressly restoredby means ofpardon.

. $oo2s A!OA)=and abolishes andputs into oblivion theoffense itself9 it sooverloo2s andobliterates theoffense with whichhe is charged thatthe person releasedby amnesty standsbefore the lawprecisely as thoughhe had committed nooffense.

4. =oes not alterthe fact that theaccused is arecidivist as itproduces only thee/tinction of thepersonal effects ofthe penalty.

4. 8a2es an e/-convict no longer arecidivist, because itobliterates the lastvestige of the crime.

0. =oes note/tinguish thecivil liability ofthe offender

0. =oes note/tinguish the civilliability of theoffender

>. eing P)%:A#7A!# by thePresident, must bepleaded and provedby the personpardoned

>. eing aProclamation of the!hief 7/ecutive withthe concurrence of!ongress9 is a P5$%!A!# of which thecourts should ta2ejudicial notice

Pre)6r!(!%$ %4 'e 6r!7e B is the forfeiture or loss of the right of theprosecutethe offender, after the lapse of a certain time.

PRESCRIPTIVE PERIO&S OF CRIMES:1. !rimes punishable by

a" =eath, reclusin perpetuaor reclusin temporal6 ? yearsb" afflictive penalties 6 10 yearsc" correctional penalties 6 1? years e/cept those punishable by arres

which shall prescribe in 0 years. hen the penalty fi/ed by law is a compound one, the highest penalt

made the basis of the application of the rules contained above.. !rime of libel 6 1 year. *ffenses of oral defamation and slander by deed 6 > months4. $ight offenses 6 months

Pre)6r!(!%$ %4 'e (e$a#


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ART. +. COMPUTATION OF THE PRESCRIPTION OF PENALTIES

OUTLINE1. Period of prescription commences to runfrom the date when the culprit evaded

the service of his sentence.. %t is interrupted when the convict

a" gives himself up,b" is captured,c" goes to a foreign country with which we have no e/tradition treaty, ord" commits any crime /efore the e/piration of the period of prescription.

ELEMENTS1. #hat the penalty is imposed by final judgment. #hat the convict evaded the service of his sentence by escaping during the term of

his sentence. #he convict who escape from prison has not given himself up, or been captured, or

gone to a foreign country4. #hat the penalty has prescribed because of the lapse of time from the date of the

evasion of service of the sentence by the convict.

C'a(er T%: Par!a# E!$6!%$ %4 Cr!7!$a# L!a"!#!< *Ar). ;-

ART. ;. PARTIAL EXTINCTION OF CRIMINAL LIABILITY

CRIMINAL LIABILITY IS PARTIALLY EXTINGUISHE&:11 y !*=%#%*A$ PA)=*911 y !*885#A#%* *+ &7):%!711 +or **= !*=5!# A$$*A!7& which the culprit may earn while he is serving

sentence911 y PA)*$7

a. Parole 6 is the suspension of the sentence of a convict, after serving theminimum term of the indeterminate penalty, without being granted a pardon,prescribing the terms upon which the sentence shall be suspended

b. %f the convict fails to observe the condition of the parole, the oard of Pardonsand Parole is authoriBed to 3

(1" direct his A))7 A= )7#5) #* !5*=M and thereafter9(" to !A))M *5#


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liability arises on the part of the offender, either because there are no damages tobe compensated or there is no private person injured by the crime.

EFFECT OF AC=UITTALExtinction of the penal action does *#carry with it e/tinction of the civil9 5$7&&the e/tinction proceeds from a declaration in a final judgment that the fact fromwhich the civil liability might arise did not e/ist. (&ee &ection 1, )ule 111 of the ???)ules on !riminal Procedure. !ivil liability arising from other sources of obligations isnot impliedly instituted with the cr iminal action".

EFFECT OF &ISMISSAL OF CASEThe dismissal of the information or the criminal action does *# affect the right ofthe offended party to institute or continue the civil action already instituted arisingfrom the offense, becau

rpc_book_1_mem_aid

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