1._Compilation_in_Crim_Juris___09.doc

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COMPILED BY:
LUCIA M. HIPOLITO -- ROMMEL K. MANWONG -- ALFIE P. SARMIENTO
CRIMINAL LAW
(REVISED PENAL CODE - BOOK I)
CRIMINAL LAW DEFINED
REVIEW NOTES IN
CRIMINAL JURISPRUDENCE
CRIMINAL LAW (REVISED PENAL CODE – BOOK 1)
CRIMINAL LAW (REVISED PENAL CODE – BOOK 2)
CRIMINAL PROCEDURE
CRIMINAL EVIDENCE
SPECIAL LAWS

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Criminal Law is that branch or division of law which defines crimes, treats of their nature, and provides for their
punishment.
When did the Revised Penal Code take effect?
The Revised Penal Code took effect on January 1, 1932 (Art. 1, RPC).
Characteristics of Criminal Law
Criminal Law has three main characteristics, namely (1) general, (2) territorial, and (3) prospective.
A. General Application
It has General application because Criminal Law is binding on all persons who reside or sojourn in Philippine
territory.
Art. 2 of the Revised Penal Code states that the provisions of this Code shall be enforced within the Philippine
Archipelago, including its atmosphere, interior waters and maritime zone, without reference to the person or persons who
might violate any of its provisions.
Art. 14 of the Civil Code provides that penal laws shall be obligatory upon all who live or sojourn in Philippine
territory.
Exceptions to the General Application of Criminal Law
There are cases where our Criminal Law does not apply even if the crime is committed by a person residing or
sojourning in the Philippines. They constitute the exceptions.
(1) The opening sentence of Art. 2 of the Revised Penal Code says that the provisions of this Code shall be enforced
within the Philippine Archipelago, “except as provided in the treaties and laws of preferential application.”
(2) Art. 14 of the Revised Penal Code provides that penal laws and those of public security and safety shall be
obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public international law and
to treaty stipulations.
(a) Treaty or Treaty Stipulations
An example of treaty or treaty stipulation, as an exception to the general application of our Criminal
Law is the Base Agreement entered into by and between the Philippines and the USA on March 14,
1947 stipulating that “the Philippines consents that the US have the right to exercise jurisdiction over
some particular offenses. However, the said Military Bases Agreement already expired on September
16, 1991.
(b) Law on Preferential Application
Republic Act No. 75 may be considered a law of preferential application in favor of diplomatic
representatives and their domestic servants.
It is a law to penalize acts which would impair the proper observance by the Republic and
inhabitants of the Philippines of the immunities, rights, and privileges of duly accredited foreign
diplomatic representatives in the Philippines.
Nota Bene:
The law does not apply when the foreign country adversely affected does not provide similar
protection to our diplomatic representatives.
(c) Principles of Public International Law
Persons exempt from the operations of our criminal laws by virtue of the principles of public
international law:
1) Sovereigns and other chiefs of state;
2) Ambassadors;
3) Ministers plenipotentiary;
4) Minister’s resident; and
5) Charges d’ affaires.
It is well established principle of international law that diplomatic representatives, such as
ambassadors or public ministers and their official retinue, possess immunity from the criminal jurisdiction
of the country of their sojourn and cannot be sued, arrested or punished by the law of that country.
Nota Bene:
A consul is not entitled to the privileges and immunities of an ambassador or minister.
B. Territorial Application
It is Territorial, in that criminal law undertakes to punish crimes committed within the Philippine territory.

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Art. 2 of the Revised Penal Code states that the provisions of this Code shall be enforced within the Philippine
Archipelago, including its atmosphere, its interior waters and maritime zone, which constitute the Philippine territory.
Extent of Philippine Territory for Purposes of Criminal Law:
Art. 2 of the Revised Penal Code provides that the provisions of said Code shall be enforced within the Philippine
Archipelago, including its atmosphere, its interior waters and maritime zone.
Art. 1 of the 1987 Constitution provides as follows:
“The national territory comprises the Philippine Archipelago, with all the islands and waters embraced therein, and all
other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains,
including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between
and connecting the islands of the Archipelago, regardless of their breadth and dimensions, form part of the internal waters of the
Philippines.
Exceptions to the Territorial Application of Criminal Law
Art. 2 of the Revised penal Code provides:
“Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not
only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its
jurisdiction against those who:
1) Should commit an offense while on a Philippine ship or airship;
2) Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the
Government of the Philippine Islands;
3) Should be liable for acts connected with the introduction into these islands of the forged or counterfeited obligations and
securities;
4) While being public officers or employees, should commit an offense in the exercise of their functions; or
5) Should commit any of the crimes against national security and the law of nations;
6) Should destroy or cause destruction to the maritime/marine zone, the Exclusive Economic Zone (EEZ) and the natural
resources within the EEZ of the Philippines.
C. Prospectivity of Criminal Laws
It is Prospective, in that a penal law cannot make an act punishable when committed. Crimes are punished under
the laws in force at the time of their commission
Art. 21 of the Revised Penal Code provides that no felony shall be punishable by any penalty not prescribed by
law prior to its commission.
Art. 366 of the Revised Penal Code provides that felonies are punishable under the laws enforced at the time of
their commission.
Exception to the Prospective Application of Criminal Laws
Whenever a new statute dealing with crime establishes conditions more lenient or favorable to the accused, it can be
given a retroactive effect.
Exceptions to the Exception:
This exception has no application in the following instances:
(1) where the new law is expressly made inapplicable to pending actions or existing causes of actions.
(2) Where the offender is a habitual delinquent/criminal under Art. 62 of the Revised Penal Code.
Nota Bene:
The new law can still be given a retroactive effect if the offender is a Recidivist.
THEORIES IN CRIMINAL LAW
There are three theories in criminal law, namely: (1) classical theory, (2) positivist theory, and (3) eclectic theory.
A. CHARACTERISTICS OF CLASSICAL THEORY
1. The basis of criminal liability is human tree will and the purpose of the penalty it retribution.
2. That man is essentially a moral creature with an absolutely free will to choose between good and evil, thereby placing more
stress upon the effect or result of the felonious act than upon the man, the criminal himself.
3. It has endeavoured to establish a mechanical and direct proportion between crime and penalty.
4. There is a scant regard to the human element.
B. CHARACTERISTICS OF POSITIVIST THEORY
1. That man is subdued occasionally by a strange and morbid phenomenon which constraints him to do wrong, in spite of or
contrary to his volition.
2. That crime is essentially a social and natural phenomenon, and as such, (a) it cannot be treated and checked by the
application of abstract principles of law and jurisprudence nor by the imposition of a punishment fixed and determined a priori; (b)
but rather through the enforcement of individual investigation conducted by a competent body of psychiatrist and social scientists.

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C. CHARACTERISTICS OF ECLECTIC THEORY
What are felonies (Delitos)?
Felonies are acts and omissions punishable by law (Art. 3, 1st par., RPC).
What are the two ways of committing felonies? How are felonies committed?
Felonies are committed by means of deceit (dolo) or by means of fault (culpa).
Elements of Felonies:
1. That there must be an act or omission.
2. That the act or omission must be punishable by the Revised Penal Code (RPC).
3. That the act is performed or the omission incurred by means of dolo or culpa.
4. That the act or omission must have been voluntarily.
When is there deceit?
There is deceit when the act is performed with deliberate intent.
Requisites of Intentional Felonies
In order that an act or omission may be considered as having been performed or incurred with deliberate intent, the
following requisites must concur:
1. The offender must have FREEDOM while doing an act or omitting to do an act;
2. The offender must have INTELLIGENCE while doing the act or omitting to do the act; and
3. The offender must have INTENT while doing the act or omitting to do the act.
NECESSITY OF FREEDOM
When a person acts without freedom, he is no longer a human being but a tool. His liability is as much as that of the knife
that wounds, or of the torch that sets fire, or of the key that opens a door, or of the ladder that placed against the wall of a house in
committing robbery.
Example:
The following have no freedom: (a) a person who acts under the compulsion of an irresistible force, or (b) a person who
acts under the impulses of an uncontrollable fear of an equal of greater injury. Thus, they are exempt from criminal liability under Art.
12, paragraphs 5 and 6 respectively of the Revised Penal Code.
NECESSITY OF INTELLIGENCE
Intelligence is a necessary factor in determining the morality of a particular act. Thus without this power, no crime can
exist.
Example:
The following are exempt from criminal liability because of the absence of intelligence:
(1) An imbecile or an insane person, unless the latter has acted during a lucid interval (Art. 12, (1), RPC);
(2) A person under nine (9) years of age (Art. 12, (2), RPC);
(3) A person over nine (9) years of age and under fifteen (15), unless he has acted with discernment (Art. 12, (3),
RPC).
NECCESSITY OF INTENT
Intent to commit he act with malice, being purely a mental process, is presumed and the presumption arises from the
proof of the commission of an unlawful act.
Nota Bene:
All the three requisites of voluntariness in intentional felony must be present because “a voluntary act is a free, intelligent,
and intentional act”.
When is there fault?
There is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
Requisites of Culpa

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In order that the act or omission in felonies committed by means of fault or culpa may be considered voluntary, the
following must concur:
(1) The offender must have FREEDOM while doing the act or omitting to do the act;
(2) The offender must have INTELLIGENCE while doing the act or omitting to do the act; and
(3) The offender is IMPRUDENT, NEGLIGENT or LACKS FORESIGHT or SKILL while doing the act or omitting to do
the act.
Felonies are classified according to the means by which they are committed into:
(1) Intentional Felonies or felonies committed with malice or deliberate intent, and
(2) Culpable Felonies or felonies committed as a result of imprudence, negligence, lack of foresight or lack of skill.
GENERAL CLASSES OF CRIMES
1. Intentional Felonies;
2. Culpable Felonies; and
3. Those crimes defined and penalized by special laws, which include crimes punishable by municipal or city ordinances.
The first two are defined and penalized under the Revised Penal Code of the Philippines.
Who incurs criminal liability?
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
(Art. 4, RPC).
Notes:
Under paragraph 1 of Art. 4, a person committing a felony is criminally liable although the wrongful act done be different
from that which he intended.
The causes which may produce a result different from that which the offender intended are:
1. error in personae or mistake in the identity of the victim;
2. aberratio ictus or mistake in the blow, that is, when the offender intending to do an injury to one person actually inflicts
it on another; and
3. praeter intentionem or when the injurious result is greater than that intended or the act exceeds the intent.
Requisites:
In order that a person may be held criminally liable for a felony different from that which he intended to commit, the
following must be present:
(1) That an intentional felony has been committed; and
(2) That the wrong done to the aggrieved party be the direct, natural and logical consequence of the felony committed
by the offender.
In simple words, the felony committed must be the proximate cause of the resulting injury.
PROXIMATE CAUSE DEFINED
“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 occurred”.
The felony committed is not the proximate cause of the resulting injury –
(1) when there is an active force that intervened between the felony committed and the resulting injury, and the active
force is a distinct act or fact absolutely foreign from the felonious act of the accused, or
(2) when the resulting injury is due to the intentional act of the victim.
IMPOSSIBLE CRIME
Paragraph 2 of Article 4 of the Revised Penal Code defines impossible crime, to wit, “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”.
Why are impossible crimes punishable?
The commission of an impossible crime is indicative of criminal propensity or criminal tendency on the part of the actor.
Such person is a potential criminal. Objectively, the offender does not commit a felony, but subjectively he is a criminal.
According to the positivist way of thinking, the community must be protected from anti-social activities, whether actual or
potential, of the morbid type of man called “socially dangerous person”.

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Requisites of Impossible Crime
(1) That the act performed would be an offense against persons or property.
(2) That the act was done with evil intent.
(3) That is accomplishment is inherently impossible, or that the means employed is either inadequate or ineffectual.
(4) That the act performed should not constitute a violation of another provision of the Revised Penal Code.
Example of an Impossible Crime, where the act performed by the offender would have been an offense against persons were it not
for the inherent impossibility of its accomplishment.
Stabbing a person lying on bed, the offender having the intent to kill him and thinking that he was only sleeping, when in
fact that person had already been dead before he stabbed him. The ac performed by the offender would have been murder, an
offense against persons, were it not for the inherent impossibility of its accomplishment, it being impossible to kill a person who is
already dead.
Example of an impossible crime, where the act performed by the offender would have been an offense against property were it not
for the inherent impossibility of its accomplishment.
Picking the pocket of another, without his knowledge and consent, to take with intent to gain any personal property from
that pocket which turned out to be empty. The act performed by the offender would have been theft, an offense against property,
were it not for the inherent impossibility of its accomplishment, since theft cannot be committed when there is no personal property
that could be taken.
Case:
A picked the pocket of B and succeeded in extracting B’s wallet. Once in possession of the wallet, A opened it, but
finding it empty, he threw away the wallet. Is A guilty of an impossible crime?
Ans:
No, because the wallet has some value and the crime of theft is consummated from the moment the offender has taken
possession of the wallet with intent to gain. Hence, that person is guilty, not of an impossible crime, but of theft.
Nota Bene:
In impossible crime, the act performed should not constitute anoher offense, specifically punished by law.
Example of an impossible crime where the means employed is inadequate
Using small quantity of arsenic or poison to kill a person. The small quantity of poison is inadequate to kill a person. But
the one who used it to kill another is liable for impossible crime, because subjectively he is a criminal.
Example of an impossible crime where the means employed is ineffectual.
Believing that certain white powder was arsenic or poison, A mixed it with the coffee intended for B. When B drank it he
was not injured at all, because the white powder was sugar.
What is the penalty for impossible crime?
The penalty for impossible crime is arresto mayor or a fine from 200 to 500 pesos (Art. 59, RPC).
What factors must be considered by the court in determining the proper penalty for impossible crime?
The factors that must be considered by the court in determining the proper penalty are: (1) the social danger and (2) the
degree of criminality shown by the offender (Art. 59, RPC).
Case:
A fired his revolver at B from a distance of one kilometer. Is A criminally liable?
Ans.:
No. It is believed that A shows stupidity rather than dangerousness. According to the positivist theory, A should not be
punished, because there is neither “social danger” nor any “degree of criminality” shown by him. Even subjectively, a man with little
common sense will know that he cannot hit a person by firing a revolver one kilometer away.
What is the duty of the court in connection with acts, which should be repressed, but which are not covered by the law?
Whenever a court has knowledge of any act which it may deem proper to repress and which s 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 (Art. 5, 1st paragraph, RPC).
What is the duty of the court in cases of excessive penalties?
Whenever the court finds that a strict enforcement of the provisions of the Revised Penal 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, 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 (Art. 5, 2nd paragraph, RPC).

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What are the three stages of the acts execution of a felony?
The three stages of execution of a felony are attempted, frustrated and consummated.
Are these stages of execution punishable?
Consummated felonies, as well as those which are frustrated and attempted, are punishable (Art. 6, 1st paragraph, RPC).
Nota Bene:
When the crime is punishable by a special law, the attempted and frustrated stages of the acts of execution are not
punishable, unless the special law provides a penalty therefor.
When is a felony attempted?
A felony is attempted when the offender commences the commission of a felony directly by over acts, and does not
perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own
spontaneous desistance (Art. 6, 3rd paragraph, RPC).
Elements of Attempted Felony
1. The offender commences the commission of the felony directly by overt acts;
2. He does not perform all the acts of execution which should produce the felony;
3. The offender’s act be not stopped by his own spontaneous desistance; and
4. The non-performance of all the acts of execution was due to cause or accident other than his own spontaneous desistance.
The external acts must have a direct connection with 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 nature in relation to its objective is
ambiguous.
When is a felony frustrated?
A felony 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 (Art. 6, 2nd
paragraph, RPC).
Elements of Frustrated Felony
1. The offender performs all the acts of execution;
2. All the acts performed would produce the felony as a consequence;
3. The felony is not produce ;
4. By reason of causes independent of the will of the perpetrator.
Frustrated Felony Distinguished from Attempted Felony
1. In both, the offender has not accomplished his criminal purpose.
2. In frustrated felony, the offender has performed all the acts of execution which would produce the felony, while in
attempted felony, the offender merely commences the commission of a felony directly by overt acts and does not perform all the
acts of execution.
In other words, in frustrated felony, the offender has reached the objective phase; in attempted felony, the offender has
not passed the subjective phase.
SUBJECTIVE PHASE
It is that portion of the execution of the crime, starting from the point where the offender begins to that point where he has
still control over his acts, including their natural course.
OBJECTIVE PHASE
It is that portion of the acts of the offender, where he has no more control over the same. All the acts of execution have
been performed by him.
Attempted Felony/Frustrated Felony Distinguished from Impossible Crime
1. In attempted or frustrated felony and impossible crime, the evil intent of the offender is not accomplished.
2. In impossible crime, the evil intent of the offender cannot be accomplished; in attempted or frustrated felony the evil
intent of the offender is possible of accomplishment.

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3. In impossible crime, the evil intent of the offender cannot be accomplished or because the means employed by the
offender is inadequate or ineffectual; in attempted or frustrated felony, what prevented its accomplishment is the intervention of
certain cause or accident in which the offender had no part.
Are there felonies that have no attempted or frustrated stages of execution? If yes what are they?
Yes there are felonies that have no attempted and frustrated felonies. They are:
(1) flight to enemy country,
(2) corruption of minors,
(3) formal crimes, lie slander ad false testimony;
(4) felonies by omission like misprision of treason; and
(5) treason.
The crime of flight to enemy country has no attempted and frustrated stages of execution because in flight to enemy
country, the mere attempt to flee or go to enemy country consummates the crime.
The same is true with the crime of corruption of minors. The mere proposal to the minor to satisfy the lust of another
consummates the crime.
In formal crimes, there are no attempted and frustrated stages of execution because they are consummated in one
instant by a single act.
In felonies by omission, there is either a felony when the offender fails to perform an act required by law to be done, or no
felony, if the offender performs the act.
In treason, the overt act I itself constitutes the crime.
Nota Bene:
In the case of People versus Orita, 184 SCRA 1905, the Supreme Court held there is no such crime as
Frustrated Rape. Rape could either be attempted of consummated.
When is a felony consummated?
A felony is consummated when all the elements necessary for its execution and accomplishment are present (Art. 6, 2nd
paragraph, RPC).
Every crime has its own elements which must all be present to constitute a culpable violation of a precept of law.
What is an overt act?
An overt act is physical activity, more than a mere planning or preparation, which evinces the intention of the offender to
commit a particular felony.
In what stage of the acts of execution is it important to determine the existence of the overt act?
The existence of the overt act is important only in the attempted stage of the acts of execution.
It is not necessary to determine the existence of overt act in the other stages of execution, because in frustrated stage,
as well as in the consummated stage of execution, the offender has performed all the acts of execution which necessarily implies
that the offender has done more than an overt act.
What is a preparatory act? Give at least two examples.
Preparatory acts are those initial acts of a person who has conceived the idea of committing a crime, but which cannot by
themselves logically and necessarily ripen into a concrete offense. They are not even overt acts and hence, they do not constitute
the attempted stage of the acts of execution.
The examples of preparatory acts are (1) conspiracy and proposal to commit a felony, and (2) buying or securing weapon
to commit a crime, i.e. murder, homicide, robbery, etc.
Are preparatory acts punishable?
Generally, preparatory acts are not punishable because the law regards the as innocent or at least permissible, except in
rare and exceptional cases.
The following preparatory acts are punishable:
1. conspiracy to commit treason, rebellion and sedition;
2. proposal to commit treason and rebellion; and
3. preparatory acts which are considered in themselves, by law, as independent crimes like the following:
a) possession of picklocks which is preparatory to the commission of robbery with force upon things;
b) possession of unlicensed firearm.
Nota Bene:
The above mentioned acts are punished by law not a preparatory acts but as a distinct crime i.e.
possession of picklocks defined and punished under Art. 304 of the Revised penal Code and illegal possession of
firearm defined and punished under P.D. 1866 as amended by R.A. 8294.
When are light felonies punishable under the Revised Penal Code?

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As a general rule, light felonies are punishable only when they have been consummated (Art. 7, RPC).
Example of light felonies which are punishable only when consummated.
1. Betting in sport contest,
2. Illegal cock-fighting, and
3. Intriguing against honor.
Nota Bene:
These light felonies are punishable only when consummated because they are not against
persons or property and, hence, they are covered by the general rule.
Reason for the rule:
Light felonies produce such sight, such insignificant moral and material injuries that public conscience is satisfied with
providing alight penalty for their consummation. If they are not consummated, the wrong done is so light that there is no need of
providing a penalty at all.
Is there any exception?
Yes, there is. Light felonies committed against persons or properties are punishable even if they are only in the attempted
or frustrated stage of execution (Art. 7, RPC).
Reason for the exception
The commission of felonies against persons or property presupposes in the offender some moral depravity
WHEN IS THERE CONSPIRACY?
A conspiracy exists when to or more persons come to an agreement concerning the commission of a felony and decide
to commit it (Art. 8, 2nd paragraph, RPC).
Requisites of Conspiracy
1. That two pr more persons came to an agreement;
2. That the agreement concerned the commission of a felony; and
3. That the execution of the felony be decided upon.
Is conspiracy punishable?
Conspiracy is punishable only in the cases in which the law specially provides a penalty therefor (Art. 8, 1st paragraph,
RPC).
Distinguish conspiracy as a felony from conspiracy as a manner of incurring criminal liability:
Conspiracy is a felony when the law especially provides a penalty therefor. In such cases, the mere agreement and
decision to commit a particular felony is punished by law. Thus, conspiracy to commit treason, rebellion and sedition is punishable.
However, if after the conspiracy the offenders actually committed treason, rebellion or sedition, the conspiracy ceases to
be a felony and becomes only a manner of incurring criminal liability, that is, the act of one conspirator is the act of all the other
conspirators.
In other crimes, like murder or abduction, the mere agreement and decision to commit them is not punishable, as there is
no provision in the RPC which punishes conspiracy to commit murder or abduction. The conspirators become liable only when the
crime, like murder or abduction, is actually committed. But they are liable for the crime actually committed, not for conspiracy to
commit it. The conspiracy will be considered only to make the offenders equally liable, that is, in the same degree and to the same
extent.
When is there a proposal to commit a felony?
There is proposal when the person who has decided to commit e felony proposes its execution to some other person or
persons (Art. 8, 3rd paragraph, RPC).
Is proposal to commit a felony punishable?
Proposal to commit a felony is punishable only in cases in which the law specially provides a penalty therefor (Art. 8, 1st
paragraph, RPC).
May a person be held liable for proposal to commit rebellion if the proposal is rejected by the person to whom the proposal
is made? Why?
Yes, because what the law punishes is the mere proposal to commit rebellion or treason by one who is decided to
commit it. The acceptance of such proposal is not necessary.
What are the three classifications of felonies according to gravity?

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According to gravity, felonies are classified as grave felonies, less grave felonies and light felonies.
What are grave felonies?
Grave felonies are those to which the law attaches the capita punishment or penalties which in any of their periods are
afflictive, in accordance with Article 25 of the Revised Penal Code (Art. 9, 1st par., RPC).
What are less grave felonies?
Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in
accordance with Art. 25 of the Revised Penal Code (Art. 9, 2nd par. RPC).
What are light felonies?
Light felonies are those infractions of law for the commission of which a penalty of arresto menor or a fine not exceeding
200 pesos or both, is provided (Art. 9, 3rd par., RPC).
Are Offenses defined and penalized by special laws subject to the provisions of the Revised Penal Code? What is the
function of the RPC with regard to these offenses?
No. Offenses, which are or in the future may be punishable under special laws are not subject to the provisions of the
Revised Penal Code. The Revised Penal Code shall be supplementary to such laws, unless the latter should specially provide the
contrary (Art 10, RPC).
What are the circumstances which affect criminal liability?
The circumstances which affect criminal liability are:
(1) justifying circumstances (Art. 11, RPC),
(2) exempting circumstances (Art. 12, RPC) and other absolutory causes (Art. 20, Art. 124, last paragraph, RPC),
(3) mitigating circumstances (Art. 13, RPC),
(4) aggravating circumstances (Art. 14, RPC), and
(5) alternative circumstances (Art. 15, RPC).
Justifying Circumstances
Any person acting under any of the justifying circumstances does not incur criminal liability.
The act of a person under any of the justifying circumstances is 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.
Exempting Circumstances
Technically, 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 arises. Hence, there is
wanting in the agent of the crime any of the conditions which make the act voluntary, or negligent. There is however, civil liability.
Mitigating Circumstances
These circumstances are based on the diminution of either the freedom of action, intelligence, or intent, or on the lesser
perversity of the offender.
Aggravating Circumstances
These are based on the greater perversity of the offender manifested in the commission of the felony as shown by (1) the
motivating power itself, (2) the place of commission, (3) the means and ways employed, (4) the time, or (5) the personal
circumstances of the offender or of the offended party.
Alternative Circumstances
The basis of these alternative circumstances is the nature and effects of the crime and the other conditions attending its
commission.
What are the justifying circumstances?
The justifying circumstances provided for under Art. 11 are the following:
(1) Anyone who acts in defense of his person or rights, provided that the following circumstances concur:
1. Unlawful aggression.
2. Reasonable necessity of the means employed to prevent or repel it.
3. Lack of sufficient provocation on the part of the person defending himself.

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(2) Any one who acts in defense of the person or rights of his spouse, ascendants, or legitimate natural or adopted
brothers or sisters, or of his relatives by affinity in the same degrees and those by consanguinity within the fourth
civil degree, provided the following requisites are present:
3. In case the provocation was given by the person attacked, that the one making defense had no part therein.
(3) Anyone who acts in defense of the person or rights of a stranger, provided that the following requisites concur:
3. The person defending be not induced by revenge, resentment, or other evil motive.
(4) Any person who, in order to avoid an evil or injury, does an act which causes damage to another, provided that the
following requisites are present:
1. That the evil sought to be avoided actually exists.
2. That the injury feared be greater than that done to avoid it.
3. That there be no other practical and less harmful means of preventing it.
(5) Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.
(6) Any person who acts in obedience to an order issued by a superior for some lawful purpose.
What constitutes unlawful aggression?
The act must be unjustified and sufficient to imperil one’s life, limb or right.
Is threat an unlawful aggression?
Mere threatening attitude is not unlawful aggression. But if the threat is offensive and positively strong, showing the
wrongful intent to cause an injury, that threat is an unlawful aggression.
Who are exempt from criminal liability?
The following are exempt from criminal liability:
(1) An imbecile or an insane person, unless the latter has acted during a lucid interval.
When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the
court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall
not be permitted to leave without first obtaining the permission of the same court.
(2) A person under nine years of age.
(3) A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such
minor shall be proceeded against in accordance with the provisions of Article 80 of the Revised Penal Code.
When such minor is adjudged to be criminally irresponsible, the court, in conformity with the provisions of this
and the preceding paragraph, shall commit him to the care and custody of hi family who shall be charged with his
surveillance and education otherwise, he shall be committed to the care of some institutions or person mentioned in said
Art. 80.
(4) Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault
or intention of causing it.
Nota Bene:
What is the penalty imposable when all the conditions required are not present?
When all the conditions required to exempt from criminal liability (under circumstance number
4 of Art. 12) are not present, the penalty imposable upon the culprit is
(a) arresto mayor in its maximum period to prision correccional in its minimum period if he
shall have been guilty of a grave felony, and
(b) arresto mayor in its minimum and medium periods, if of a less grave felony (Art. 67,
RPC).
(5) Any person who acts under the compulsion of irresistible force.
(6) Any person who acts under the impulse of an uncontrollable fear or an equal or greater injury.
(7) Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause.

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What are the mitigating circumstances?
The following are mitigating circumstances:
(1) Those justifying and exempting circumstances when all the requisites necessary to justify the act or to exempt
from criminal liability in the respective cases are not attendant.
(2) That the offender is under eighteen years of age or over seventy years. In the case of the minor, he shall be
proceeded against in accordance with the provisions of Article 80.
(3) That the offender had no intention to commit so grave a wrong as that committed.
(4) That sufficient provocation or threat on the part of the offended party immediately preceded the act.
(5) That the act was committed in the immediate vindication of a grave offense to the one committing the felony
(delito), his spouse, ascendants, descendants, legitimate, natural, or adopted brothers or sisters, or relatives by
affinity within the same degrees.
(6) That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.
(7) That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had
voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution.
(8) That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his
means of action, defense or communication with his fellow beings.
(9) Such illness of the offender as would diminish the exercise of the will power of the offender without however
depriving him of the consciousness of his acts.
(10) Any other circumstances of a similar nature and analogous to those above mentioned.
What are the aggravating circumstances?
The aggravating circumstances are the following:
(1) That advantage be taken by the offender of his public position.
(2) That the crime be committed in contempt of or with insult to the public authorities.
(3) That the act be committed with insult or in disregard of the respect due the offended party on account of his rank,
age, or sex, or that it be committed in the dwelling of the offended party, if the latter has not given provocation.
(4) That the act be committed with abuse of confidence or obvious ungratefulness.
(5) That the crime be committed in the palace of the chief executive, or in his presence, or where public authorities re
engaged in the discharge of their duties, or in a place dedicated to religious worship.
(6) That the crime be committed in the night time, or in an uninhabited lace, or by a band, whenever such
circumstances may facilitate the commission of an offense.
Whenever more than three armed malefactors shall have acted together in the commission of an offense, it
shall be deemed to have been committed by a band.
(7) That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity
or misfortune.
(8) That the crime be committed with the aid of armed men or persons who insure or afford impunity.
(9) That the accused is a recidivist.
A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment
of another crime embraced in the same title of this Code.
(10) That the offender has been previously punished by an offense to which the law attaches an equal or greater
penalty or for two or more crimes to which it attaches a lighter penalty.
(11) That the crime be committed in consideration of a price, reward or promise.
(12) That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or intentional
damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin.
(13) That the act committed with evident premeditation.
(14) That craft, fraud or disguise be employed.
(15) That advantage be taken of superior strength, or means be employed to weaken the defense.

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(16) That the act be committed with treachery (alevosia).
There is treachery when the offender commits any of the crimes against the person, employing means, methods,
or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself
arising from the defense which the offended party might make.
(17) That means be employed or circumstances brought about which add ignominy to the natural effects of the act.
(18) That the crime be committed after an unlawful entry.
There is an unlawful entry when an entrance is effected by way not intended for the purpose.
(19) That as a means to the commission of a crime a wall, roof, floor, door, or window be broken.
(20) That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles,
motorized watercraft, airships, or other similar means (as amended by RA 5438).
(21) That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not
necessary for its commission.
What are alternative circumstances? What are they?
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.
The alternative circumstances are (1) relationship, (2) intoxication, and (3) the degree of instruction and education of the
offender.
When is the alternative circumstance of relationship be considered?
The alternative circumstance of relationship shall be taken into consideration when the offended party is the (a) spouse,
(b) ascendant (c) descendant, (d) legitimate, natural or adopted brother or sister, or (e) relative by affinity in the same degrees of the
offender.
When shall the alternative circumstance of intoxication mitigating?
The intoxication of the offender shall be taken into consideration as a mitigating circumstance when the offender has
committed a felony in a state of intoxication, if the same is (a) not habitual or (b) not subsequent to the plan to commit said felony.
Nota Bene:
For an accused to be entitled to the mitigating circumstance of intoxication, it must be shown that:
(1) at the time of the commission of the criminal act, he has taken such quantity of alcoholic drinks as to blur
his reason and deprive him of a certain degree of control; and
(2) that such intoxication is not habitual, or subsequent to the plan top commit the felony.
When is intoxication aggravating?
The intoxication of the offender is aggravating (a) when the intoxication is habitual or intentional or (b) when it is
intentional or subsequent to the plan to commit the crime.
Habitual Drunkard
One given to intoxication by excessive use of intoxicating drinks. The habit should be actual and confirmed. It is
unnecessary that it be a matter of daily occurrence.
DEGREE OF INSTRUCTION AND EDUCATION
Low degree of instruction and education or lack of it is generally mitigating.
High degree of instruction and education is aggravating when the offender avails himself of his learning in committing the
crime.
Nota Bene:
Night time and dwelling are not qualifying aggravating circumstances. They are merely
ordinary or generic aggravating circumstances that could elevate the impossible penalty to its maximum
period.
The qualifying aggravating circumstances are those provided for in Art. 248 of the Revised
Penal Code. If any qualifying aggravating circumstance attended the commission of the crime it elevates
the crime to a graver offense and gives it its proper designation. For example when the killing is attended
with any of the qualifying aggravating circumstances like dwelling, the offender will be liable for murder
and not merely homicide.

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NIGHT TIME
That period of darkness beginning at end of dusk and ending at dawn. The Civil Code defines
it as from sunset to sunrise. (Art. 13, Civil Code of the Philippines).
Not all the time, night time may be appreciated as an aggravating circumstance.
Night time may be appreciated as an aggravating circumstance in the following instances:
1) when it facilitated the commission of the crime;
2) when it is especially sought for by the offender to insure the commission of the crime; or
3) when the offender took advantage thereof for the purpose of impunity.
Night time is not aggravating, even if the crime was committed during night time in the following
instances:
1) When the crime was the result of a succession of acts which took lace within the period of two hours
commencing at 5:00 p.m. to 7:00 p.m.;
2) When treachery concurred with night time in the commission of the crime because night time is absorbed
in treachery; and
3) When the meeting between the offender and the offended party at night time is causal and the idea of
committing the crime came into the mind of the offender only at that time.
The reason for this is that night time was not especially sought for by the offender.
But, it may still be aggravating, if the darkness facilitated the commission of the crime or that
the offender took advantage of it.
DWELLING
Dwelling is an aggravating circumstance when the crime is committed in the dwelling of the
offended party.
Why? Because of two reasons, namely:
(1) when the offender was welcomed in the home of the offended party and the offender committed the crime
against the latter, there was ABUSE OF CONFIDENCE; and
(2) when the offender forced his way into the dwelling of the offended party to commit the crime therein, there
was VIOLATION OF THE SANCTITY OF THE HOME.
Dwelling is not aggravating in the following instances;
1) When the offended party in his dwelling gave sufficient and immediate provocation to the offender.
The offended party loses his right to be respected in his home, because he gave sufficient
provocation to the offender. But the provocation contemplated has three requisites:
(a) it must be given in his dwelling;
(b) it must be sufficient; and
(c) it must be immediate.
2) When both the offender and the offended party are occupants of the same dwelling.
3) When dwelling is inherent in the crime, such as in robbery with force upon things and in trespass to
dwelling.
Pursuant to the 2000 Rules on Criminal procedure specifically Rule 110 qualifying aggravating
circumstances as well as ordinary or generic aggravating circumstances must be alleged in the
information in order to be appreciated.
WHO ARE CRIMINALLY LIABLE?
Ans.: The following are criminally liable for grave and less grave felonies:
1) Principals.
2) Accomplices.
3) Accessories.
The following are liable for light felonies:
1) Principals.
2) Accomplices.
WHO ARE CONSIDERED AS PRINCIPALS?
The following are considered principals:
(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 (Art. 17, RPC).
Three Kinds of Principals:

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1. Principal by Direct Participation (PDP) - Those who take a direct part in the execution of the act.
2. Principal by Induction (PI) - Those who directly force or induce others to commit a crime.
3. Principal by Indispensable Cupertino (PIC) - Those who cooperate in the commission of the offense by another act
without which the crime would not have been accomplished.
PRINCIPAL BY DIRECT PARTICIPATION
The principal by direct participation personally takes part in the execution of the act constituting the crime. For example,
one who with intent to gain, personally shoots another is liable as principal by direct participation in the crime of homicide or one
who burns the house of another is a principal by direct participation in the crime of arson.
Nota Bene:
Two or more persons may take direct part in the execution of the act, in which case they may
be principals by direct participation, provided, the following requisites are present:
(1) That they participated in the criminal resolution. Absent this requisite, the offender
cannot be made liable as principal.
(2) That they carried out their plan and personally took part in its execution by acts, which
directly tended to the same end.
PRINCIPAL BY INDUCTION
Becomes liable only as such when the principal by direct participation committed the act induced.
Requisites:
In order that a person may be convicted as principal by inducement, the following requisites must be
present:
1. That the inducement be made directly with the intention of procuring the commission of the crime; and
2. That such inducement be the determining cause of the commission of the crime by the material
executor.
Two Ways of Becoming a Principal by Induction
1. By directly forcing another to commit a crime, either
(a) by using irresistible force, or
(b) by causing uncontrollable fear.
2. By directly inducing another to commit a crime, either
(a) by giving price, or offering reward or promise, or
(b) by using words of command.
PRINCIPAL BY INDISPENSABLE COOPERATION
Cooperates with the principal by direct participation.
Requisites:
1. Participation in the criminal resolution, that is, there is either anterior conspiracy or unity of criminal purpose and
intention immediately before the commission of the crime charged; and
2. Cupertino in the commission of the offense by performing another act without which the crime would not have been
accomplished.
Nota Bene:
Determine the cooperation rendered by the offender whether dispensable or indispensable. If
indispensable, liable as principal by indispensable cooperation, but if the cooperation is dispensable,
liable as an accomplice.
WHO ARE CONSIDERED AS ACCOMPLICES?
Accomplices are those who, not being principals cooperate in the execution of the offense by previous or simultaneous
acts (Art. 18, RPC).
Requisites:
In order that a person may be considered as accomplice, the following requisites must concur:

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1. There must be a community of design; that is, knowing the criminal design of the principal by direct participation, he
concurs with the latter in his purpose;
2. He cooperates in the execution of the offense by previous or simultaneous acts, with the intention of supplying material
or moral aid in the execution of the crime in an efficacious way; and
3. There must be a relation between the acts done by the principal and those attributed to the person charged as
accomplice.
Examples of Cooperation by an Accomplice
1. By Previous Act -- Lending of a dagger or pistol to the murderer, knowing the latter’s criminal purpose.
2. By Simultaneous Act – The defendant who held one of the hands of the victim and tried to take away the latter’s
revolver, while his co-defendant was attacking him, is an accomplice for he cooperates in the execution of the crime by
simultaneous act without any previous agreement or understanding.
Nota Bene:
1. An accomplice is neither a principal nor an accessory but who cooperates with the principal
by direct participation by previous or simultaneous acts.
2. An accomplice concurs or approves the act of the principal by direct participation and
performs other acts showing his conformity to the act of the principal by direct participation.
3. An accomplice is not a part of the plan or conspiracy.
4. The act or acts of the accomplice must be lesser than the act or acts done by the principal
by direct participation, that is, they must not be equal to or graver than the act or acts of the principal by
direct participation.
5. The cooperation of the accomplice is only necessary, not indispensable.
How an Accomplice Acquires Knowledge of the Criminal Design of the Principal?
1. When the principal informs or tells the accomplice of the former’s criminal purpose.
2. When the accomplice saw the criminal acts of the principal.
Distinction between Conspirators and Accomplices
1. Conspirators and accomplices have one thing in common; they know and agree with the criminal design. Conspirators,
however, know the criminal intention because they themselves have decided upon such course of action. Accomplices
come to know about after the principals have reached a decision and only then do they agree to cooperate in its
execution.
2. Conspirators decide that a crime should be committed; accomplices merely concur in it. Accomplices do not decide
whether a crime should be committed, they merely assent to the plan and cooperate in its accomplishment.
3. Conspirators are the authors of the crime; accomplices are merely their instruments who perform acts not essential to the
perpetration o the offense.
WHO ARE CONSIDERED AS ACCESSORIES?
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 in any of the following manners:
(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 principal of the crime, provided the accessory acts with
abuse of his public functions or whenever the author of the crime is 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 (Art. 19,
RPC).
Paragraph 3 of Article 19 contemplates two kinds of accessories. They are:
1. Public officers who harbor, conceal or assist in the escape of the principal of ANY CRIME (except for light felony) with the abuse
of his pubic functions.
Requisites:
(a) The accessory is a public officer.
(b) He harbors, conceals, or assists in the escape of the principal;
(c) The public officer acts with abuse of his public functions.
(d) The crime committed by the principal is any crime, provided it is not a light felony.
2. Private persons who harbor, conceal or assist in the escape of the author of the crime or the principal:
(1) who is guilty of (a) treason, (b) parricide, (c) murder, or (d) an attempt against the life of the Chief Executive, or

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(2) who is known to be habitually guilty of some other crime.
Nota Bene:
The accessory, to be liable, must have knowledge that the principal is habitually guilty of some other
crime.
Presidential Decree No. 1612 (Anti-Fencing Law of 1979)
FENCING. DEFINED (Sec. 2, par. A, PD 1612)
The act of any person who, with intent to gain for himself or for another shall buy, receive,
possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in
any article, item, object or anything of value which he knows or should be known to him, to have been
derived from the proceeds of the crime of robbery or theft.
FENCE, DEFINED (Sec. 2, par. B)
Any person, firm, association, corporation or partnership or other organization who/which
commits the act of fencing.
WHO ARE THE ACCESSORIES THAT ARE EXEMPT FROM CRIMINAL LIABILITY? IS THERE ANY EXECPTION?
Those accessories with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and
sisters, or relatives by affinity within the same degrees.
The only exception is those accessories who incurred such liability by profiting themselves or assisting the offender to
profit by the effects of the crime. These accessories are criminally liable even if the principal be their spouse, ascendant,
descendant, legitimate, natural and adopted brother or sister, or relative by affinity with in the same degree (Art. 20, RPC).
Notes:
1. An accessory is exempt from criminal liability, when the principal is his--
(a) spouse, or
(b) ascendant, or
(c) descendant, or
(d) legitimate, natural or adopted brother or sister, or
(e) relative by affinity within the same degrees.
2. Nephew or niece not included among such relatives.
3. Accessory is not exempt from criminal liability even if the principal is related to him, if such accessory:
(a) profited by the effects of the crime, or
(b) assisted the principal to profit by the effects of the crime.
PENALTIES
Can you punish an act which is not defined and penalized by any statute at the time of its commission?
No. Article 21 of the Revised Penal Code provides that “No felony shall be punishable by any penalty not prescribed by
law prior to its commission.
The penalties under the Revised Penal Code have three-fold purposes, namely:
1. Retribution of Expiation – the penalty is commensurate with the gravity of the offense.
2. Correction or Reformation – those penalties consisting deprivation of liberty.
3. Social Defense – shown by its inflexible severity to recidivists and habitual delinquents.
May penal laws be given retroactive effect or application?
Yes. Penal laws shall have retroactive effect insofar as they favor the persons 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 (Art. 22, RPC).
What is the effect of pardon given by the offended party?
A pardon by the offended party does not extinguish criminal action, but civil liability with regard to the interest of the
injured party is extinguished by the express waiver of the offended party (Art. 23, RPC).
However, if the pardon is given prior to the institution of the criminal action, it shall extinguish criminal liability
What are the measures of prevention or safety which are not considered penalties?

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The following shall not be considered as penalties:
(1) The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or
imbecility, or illness requiring their confinement in a hospital.
(2) The commitment of a minor:
(a) to a public or private, benevolent or charitable institution, established under the law for the care, correction
or education of orphaned, homeless, defective, and delinquent children, or
(b) to the custody or care of any other responsible person in any other place subject to the visitation and
supervision by the Director of Public Welfare or any of his agents or representatives, if there be any, or
otherwise by the Superintendent of Public Schools or his representatives.
(3) Suspension from the employment or public office during the trial or in order to institute proceedings.
(4) Fines and other corrective measures which, in the exercise of their administrative 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 the different classes of penalties which may be imposed under the Revised Penal Code?
The different classes of penalties which may be imposed under the Revised Penal Code are the following:
1. PRINCIPAL PENALTIES
(1) Capital Punishment
Death
(2) Afflictive Penalties
Reclusion Perpetua
Reclusion Temporal
Perpetual or Temporary Absolute Disqualification
Perpetual or Temporary Special Disqualification
Prision Mayor
Fine
Bond to Keep the Peace
(3) Correctional Penalties
Prision Correccional
Arresto Mayor
Suspension
Destierro
Fine
Bond to Keep the Peace
(4) Light Penalties
Arresto Menor
Public Censure
Nota Bene: Penalties common to Afflictive penalties, Correctional Penalties and Light penalties are:
(1) Fine, and
(2) Bond to Keep the Peace
2. ACCESSORY PENALTIES
(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 costs (Art. 25, RPC).
When is a penalty considered afflictive, correctional, or light?
A fine whether imposed as a single or as an alternative penalty shall be considered:
(a) an afflictive penalty, if it exceeds 6,000 pesos;
(b) a correctional penalty, if it does not exceed 6,000 pesos but is not less than 200 pesos; and
(c) light penalty if it be less than 200 pesos (Art. 26, RPC).
DURATION OF PENALTIES (Art. 27, RPC as amended by RA 7659)
Reclusion Perpetua – 20 years and 1 day to 40 years
Reclusion Temporal – 12 years and 1 day to 20 years
Prision Mayor and Temporary Disqualification – 6 years and 1 day to 12 years, except when the penalty of disqualification is
imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty.

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Prision Correccional, Suspension, and Destierro – 6 months and 1 day to 6 years, except when suspension is imposed as an
accessory penalty, in which case, its duration shall be that of the principal penalty.
Arresto Mayor – 1 month and 1 day to 6 months
Arresto Menor – 1 day to 30 days
Bond to Keep the Peace – The bond to keep the peace shall be required as to cover such period of time as the court may
determine.
COMPUTATION OF PENALTIES
Rules:
1. If offender be in prison, the term of the duration of the temporary penalties shall be computed from the day on which the
judgment of conviction shall have become final
2. If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of liberty shall be
computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the
penalty.
3. The duration of other penalties shall be computed only from the day on which the defendant commences to serve his
sentence (Art. 28, RPC).
When may the period of preventive imprisonment be allowed to be deducted from the term of imprisonment?
Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of
deprivation of liberty,
(a) with the full time during which they have undergone preventive imprisonment, if the detention prisoner agrees
voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners; or
(b) four-fifths (4/5) of the time during which he has undergone preventive imprisonment if the detention prisoner does
not agree to abide by the same disciplinary rules imposed upon convicted persons (Art. 29, RPC as amended by
RA 6127).
Requisites:
1. The sentence imposed by the court consists of deprivation of liberty or imprisonment;
2. The offender has undergone preventive imprisonment during the pendency of the criminal proceeding until the finality of
the judgment; and
3. The detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted
prisoners.
Who are not entitled to be credited with the full time or four-fifths of the time of preventive imprisonment?
The following offenders are not entitled to be credited either with the full time or four-fifths of the time of preventive
imprisonment:
1. Recidivist, or those convicted previously twice or more times of any crime; and
2. Those who, upon being summoned for the execution of the their sentence have failed to surrender voluntarily (Art. 29,
RPC).
Rule When Preventive Imprisonment for a Period Equal to or more than the Possible Maximum Imprisonment
Whenever the accused has undergone preventive imprisonment or a period equal to or more than the possible maximum
imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he shall be released
immediately without prejudice to the continuation of the trial thereto or the proceeding on appeal, if the same is under review (Art.
29, RPC as amended by EO 214, July 10, 1987).
Rule in Case the Maximum Penalty is Destierro
In case the maximum penalty to which the accused may be sentenced is Destierro, he shall be released after 30 days of
preventive imprisonment (Ibid).
EFFECTS OF THE PENALTIES ACCORDING TO THEIR RESPECTIVE NATURE
What are the effects of the penalties of Perpetual or Temporary Absolute Disqualification?
The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects:

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1. The deprivation of the public offices and employment which the offender may have held, even if conferred by popular
election.
2. The deprivation of the right to vote in any election for any popular office or to be elected to such office. In case of
temporary disqualification, the disqualification shall last during the term of the sentence.
3. The disqualification for the offices or public employment’s and for the exercise of any of the rights mentioned. In case
of temporary disqualification, the disqualification shall last during the term of the sentence.
4. The loss of all rights to retirement pay or other pension for nay office formerly held (Art. 30, RPC).
What are the effects of the penalties of perpetual or temporary special disqualifications?
The penalties of perpetual or temporary special disqualification for public office, profession or calling shall produce the
following effects:
1. The deprivation of the office, employment, profession or calling affected.
2. The disqualification or holding similar offices or employments either perpetually or during the term of the sentence
according to the extent of such disqualification (Art. 31, RPC).
What are the effects of the penalties of perpetual or temporary special disqualification for the exercise of the right of
suffrage?
The perpetual or temporary special disqualification for the exercise of the right of suffrage shall:
(a) deprive the offender perpetually or during the term of the sentence, according to the nature of said penalty, of the right to
vote in any popular election for any public office or to be elected to such office; and
(b) the offender shall not be permitted to hold any public office during the period of his disqualification (Art. 32, RPC).
What are the effects of the penalties of suspension from any public office, profession or calling, or the right of suffrage?
The penalties of suspension from any public office, profession or calling, or the right of suffrage shall disqualify the
offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence.
The person suspended from holding public office shall not hold another having similar functions during the period of his
suspension (Art. 33, RPC).
What are the effects of civil interdiction?
Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority, or
guardianship, either as to the person or property of the ward, of marital authority, of the right to manage his property and of the right
to dispose of such property by any act or any conveyance inter vivos (Art. 34, RPC).
What are the effects of bond to keep the peace?
It gives the person sentenced to give bond to keep the peace the duty to present two sufficient sureties who:
(a) shall undertake that such person will not commit the offense sought to be prevented, and
(b) in case such offense be committed they will pay the amount determined by the court in the judgment, or otherwise to
deposit such amount in the office of the clerk of the court to guarantee said undertaking (Art. 35, RPC).
What is the effect if the person sentenced failed to give the bond required by the court?
Should the person sentenced fail to give the bond as required he shall be detained for a period which:
(a) shall in no case exceed six (6) months, if he shall have been prosecuted or a grave or less grave felony, and
(b) shall not exceed thirty (30) days if for a light felony (Art. 35, RPC).
What is the period of duration of the bond?
The period of duration of the bond depends upon the discretion of the court. The court shall determine, according to its
discretion, the period of duration of the bond (Art. 35, RPC).
What are the effects of pardon given by the President in the exercise of his pardoning power?
The pardon given by the President have the following effects:
(1) It shall not work the restoration of the right to hold pubic office, or the right of suffrage except when such rights were
expressly restored by the terms of the pardon, and
(2) It shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence (Art 36,
RPC).
What are included in the costs of the proceeding in criminal cases?
Costs shall include fees and indemnities in the course of the judicial proceedings, whether they be fixed or unalterable
amounts previously determined by law or regulations in force, or amounts not subject to schedule (Art. 37, RPC).
What are pecuniary liabilities of a person guilty of a crime?
The pecuniary liabilities of the offender are the following:
(1) The reparation of the damage caused;

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(2) Indemnification of consequential damages;
(3) The Fine; and
(4) The cost of the proceedings.
What is the order of payment in case the property of the offender is not sufficient for the payment of all his pecuniary
liabilities?
In case the property of the offender is not sufficient for the payment of all his pecuniary liabilities, the same shall be met
in the following order:
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine.
4. The cost of the proceedings.
When should this order of payment be availed of?
The order of payment provided for under Art. 28 of the Revised Penal Code should be availed of only when the offender
is insolvent or his property is not sufficient for the payment of all his pecuniary liabilities.
What is subsidiary penalty?
Subsidiary penalty is a subsidiary personal liability to be suffered by the convict who has no property with which ti meet
the pecuniary liabilities for the reparation of the damage caused, indemnification of consequential damages, and fine, at the rate of
one day for each 8.00, subject to the rules provided for by law.
Is subsidiary penalty deemed imposed in case the convict could not pay certain pecuniary liabilities by reason of
insolvency? Explain.
No, subsidiary penalty must be expressly imposed by the Court in order that the convict may be required to serve it. It is
not an accessory penalty. It is imposed upon the accused and served by him in lieu of certain pecuniary liabilities which he fails to
pay on account of insolvency.
What are the rules relative to subsidiary penalty?
The rules are:
1. If the penalty imposed if Prision Correccional or arresto and fine – subsidiary imprisonment, not to exceed 1/3 of the term
of the sentence, and in no case to continue for more than one year. Fraction or part of a day, not counted.
2. When the penalty imposed is fine only – subsidiary imprisonment, not to exceed 6 months, if the offense is grave or less
grave felony; and not to exceed 15 days, if light felony.
3. When the penalty imposed is higher than prision correccional – no subsidiary imprisonment.
4. If the penalty imposed is not by confinement, but of fixed duration – the nature of the subsidiary penalty is the same as
that of the principal penalty under the same rules in number 1, 2, and 3 above.
5. In case the financial circumstances of the convict should improve he shall pay the fine (Art. 39, RPC as amended by RA
5465, April 21, 1969).
Notes:
In what case is there no subsidiary penalty, even if the offender cannot pay the pecuniary liabilities by reason insolvency?
Even if the offender cannot pay the pecuniary liabilities by reason of insolvency, the offender cannot be required to
undergo subsidiary penalty in the following instances:
1. When the penalty imposed is higher than Prision correccional, such as Prision mayor, Reclusion temporal and Reclusion
perpetua. In this case, there is no subsidiary penalty.
2. For failure to pay the costs of the proceedings there is no subsidiary penalty.
3. When the penalty imposed is fine and a penalty not to be executed by confinement in a penal institution and has no fixed
duration, there is no subsidiary penalty.
Nota Bene:
Subsidiary penalty is possible only when any of the following penalties is imposed:
(1) prision correccional;
(2) suspension and fine;
(3) destierro
(4) arresto mayor;
(5) arresto menor; and
(6) fine only.
What is the maximum duration of the subsidiary penalty?
If the penalty imposed is prision correccional or arresto mayor and fine it shall not exceed one-third (1/3) of the term
of the sentence, and in no case shall it continue for more than one (1) year.
But if the penalty imposed if fine only, it shall not exceed six (6) months, if the offender is prosecuted for grave or
less grave felony; and not more than fifteen (15) days, if prosecuted for a light felony.

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In what does the subsidiary penalty consist?
Subsidiary penalty does not always consist of imprisonment.
If the penalty imposed is prision correccional or arresto mayor and fine, the subsidiary penalty shall consist in
imprisonment.
If the penalty imposed is destierro, the subsidiary penalty is also destierro.
If the penalty imposed is suspension, the subsidiary penalty is also suspension.
What is an accessory penalty?
An accessory penalty is that penalty which is deemed included in the imposition of the principal penalty.
What are the accessory penalties of death?
If the penalty of death is executed, it has no accessory penalties for obvious reasons.
If the penalty of death not executed by reason of commutation or pardon, its accessory penalties are (1) perpetual
absolute disqualification, and (2) civil interdiction during thirty (30) years EXCEPT when such accessory penalties have been
expressly remitted in the pardon (Art. 40, RPC).
What are the accessory penalties of Reclusion Perpetua and Reclusion Temporal?
The accessory penalties of Reclusion Perpetua and Reclusion Temporal are (1) civil interdiction for life or during the
period of the sentence as the case may be, and (2) perpetual absolute disqualification which the offender shall suffer even though
pardoned as to the principal penalty EXCEPT when such accessory penalties have been expressly remitted in the pardon (Art. 41,
RPC).
What are the accessory penalties of Prision Mayor?
The accessory penalties of prision mayor are (1) temporary absolute disqualification, and (2) perpetual special
disqualification from the right of suffrage which the offender shall suffer although pardoned as to the principal penalty EXCEPT when
such accessory penalties have been expressly remitted in the pardon (Art. 42, RPC).
What are the accessory penalties of Prision Correccional?
The accessory penalties of prision correccional are (1) suspension from public office, from the right to follow a profession
or calling, and (2) perpetual special disqualification from the right of suffrage, if the duration of said imprisonment shall exceed
eighteen (18) months even though pardoned as to the principal penalty EXECPT when such accessory penalties have been
expressly remitted in the pardon (Art. 43, RPC).
What are the accessory penalties of arresto?
The accessory penalties of arresto are (1) suspension of the right to hold office, and the right of suffrage during the term
of the sentence (Art. 44, RPC).
Note:
Every penalty imposed for the commission of a felony carries with it the forfeiture of the proceeds of the crime and the
instruments or tools with which it was committed.
What should be done to the proceeds, instruments or tools?
Such proceeds and instruments or tools are confiscated and forfeited in favor of the Government EXCEPT when such
property belongs to a third person not liable for the offense.
Those articles which are not subject of lawful commerce shall be destroyed (Art. 45, RPC).
Is subsidiary penalty an accessory penalty?
No. Subsidiary penalty is a personal penalty prescribed by law I substitution of the pecuniary liability when the latter
cannot be satisfied because of the culprit’s insolvency. Hence, subsidiary imprisonment cannot be served unless the judgment so
provides in case the accused is insolvent (People vs. Fajardo, 65 Phil. 539).
APPLICATION OF PENALTIES
Generally, the Penalty Imposed by Law is to be Imposed Upon Principals
The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of
such felony (Art. 46, RPC).
Penalty Imposed Applies to Consummated Felony
Whenever the law prescribed a penalty for a felony in general terms, it shall be understood as applicable to the
consummated felony (Art. 46, RPC).
WHAT IS A COMPLEX CRIME?

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A complex crime is one where a single act constitutes two or more grave or less grave felonies or where an offense is a
necessary means for committing the other (Art. 48, RPC).
Two Kinds of Complex Crime
(1) Delito Compuesto or Compound Crime - When a single act constitutes two or more grave or less grave felonies.
(2) Delito Complejo or Complex Crime Proper - When an offense is a necessary means for committing the other.
Nota Bene: A complex crime is only one crime as contemplated by law because the offender has only
one criminal intent.
DELITO COMPUESTO (Compound Crime)
Requisites:
1. That only a single act is performed by the offender.
2. That the single act produces two or more grave or less grave felonies.
Examples: Murder with Homicide, Homicide with Frustrated Homicide
DELITO COMPLEJO (Complex Crime Proper)
Requisites:
1. That at least two offenses are committed.
2. That one or some of the offenses must be necessary means for committing the other.
3. That both or all the offenses must be punished under the same statute.
Examples: Estafa through falsification of commercial documents.
Malversation through falsification of a public document.
Nota Bene:
No complex crime when one of the offenses was committed for the purpose of concealing the commission
of the other.
Example:
After committing homicide, the accused in order to conceal the crime, set fire to the house where it had
been perpetrated.
Setting fire to the house is arson (Art 321). But in this case, neither homicide nor arson was necessary to
commit the other. Hence, the offender committed two separate crimes of Homicide and Arson.
No complex crime where the offense is penalized by a special law.
In the case of Reocdica versus Court of Appeals, a grave or less grave felony cannot be complex with a
light felony. The light felony should be separated, no to be complexed.
PENALTY TO BE IMPOSED IN CASE OF COMPLEX CRIMES
The penalty for the more or most serious crime shall be imposed, the same to be applied in its maximum period (Art. 48,
RPC).
Nota Bene:
The penalty to be imposed in case of complex crime is the penalty imposable to the gravest offense
notwithstanding the presence of mitigating circumstances. This is so because the maximum of the maximum cannot
be offset by any mitigating circumstance.
This does not mean however that the Indeterminate Sentence Law does not apply to complex crimes. As
long as the case does not belong to the exceptions provided for under Sec. 2 of Act 4103 as amended
(Indeterminate Sentence Law), the provisions of such law shall be applied. However, in fixing the maximum penalty
imposable to the offender, the maximum shall be imposed regardless of the presence of any mitigating
circumstance.
Penalty to be Imposed upon the Principals when the Crime Committed is Different from That Intended
In cases in which the felony committed is different from that which the offender intended to commit, the following rules
shall be observed:
(1) If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the
accused intended to commit – the penalty corresponding to the offense which the accused intended to commit shall
be imposed in its maximum period.

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(2) If the penalty prescribed for the felony committed be lower than that corresponding to the one, which the accused
intended to commit – the penalty prescribed for the felony committed shall be imposed in its maximum period.
(3) The rule established by the next preceding paragraph shall not be applicable if the acts committed by the guilty
person shall also constitute an attempt or frustration of another crime, if the law prescribes a higher penalty for either
of the latter offenses, in which case the penalty provided for the attempted or the frustrated crime shall be imposed in
its maximum period (Art. 49, RPC).
Nota Bene:
Art. 49 does not apply to aberratio ictus because I this hypothesis there is a complex crime and Art. 48
applies.
It does not apply also to praeter intentionem, because in this hypothesis, the crime befalls the same
person, whereas Art. 49 has no application to cases where a more serious consequence not intended by the
offender befalls the same person (People versus Alburquerque, 59 Phil. 150).
ARTICLES 50 - 57
Penalty to be imposed upon PRINCIPALS of a FRUSTRATED CRIME:
The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the
principal in a frustrated felony (Art. 50, RPC).
Penalty to be imposed upon PRINCIPALS of ATTEMPTED CRIMES:
A penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the
principals in an attempt to commit a felony (Art. 51, RPC).
Nota Bene:
Art. 250. Penalty for frustrated parricide, murder or homicide. – The courts in view of the facts of the case
may impose upon the person guilty of the frustrated crime of PARRICIDE, MURDER or HOMICIDE… a penalty
lower by one degree than that which should be imposed under the provisions of Art. 50.
The courts, considering the facts of the case may likewise reduce by one degree the penalty which under
Art. 51 should be imposed for an attempt to commit any of such crimes (Art. 250, RPC).
Question: May the court impose a penalty lower by two degrees than hat prescribed by law for the
consummated felony upon the principal in a frustrated felony?
Answer: Yes. The court, in view of the facts of the case, may impose upon the person guilty of the frustrated crime
of parricide, murder or homicide a penalty lower by one degree than that which should be imposed under the
provisions of Art. 50 (Art. 250, RPC).
Inasmuch as Art. 50 provides that the penalty next lower in degree than that prescribed by law for the
consummated felony shall, and Art. 250 provides that the court may impose a penalty lower by one degree than that
which should be imposed under Art. 50, it is clear that the court can impose a penalty lower by two degrees.
Question: May the court impose a penalty lower by three degrees than that prescribed by law for the
consummated felony upon the principal in an attempted felony?
Answers: Yes. The court, considering the facts of the case, may likewise reduce by one degree the penalty which
under Art. 51 should b imposed for an attempt to commit any of such crimes (Art. 250, 2nd par.).
Inasmuch as Art. 51 provides that a penalty lower by two degrees than that prescribed b law for the
consummated felony shall be imposed upon the principal in an attempt to commit a felony, and Art. 250 provides that
the court may reduce by one degree the penalty which under Art. 51 should be imposed for a attempt to commit the
crime of parricide, murder or homicide, it is clear that he court can impose a penalty lower by three degrees.
Note that Art. 250 only applies in three crimes, namely: (1) PARRICIDE, (2) MURDER, and (3)
HOMICIDE.
Penalty to be imposed upon ACCOMPLICES in a CONSUMMATED CRIME:
The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the
accomplices in the commission of a consummated felony (Art. 52, RPC).
Penalty to be imposed upon ACCESSORIES to the commission of a CONSUMMATED FELONY:
The penalty lower by two degrees than that prescribed by law or the consummated felony shall be imposed upon the
accessories to the commission of a consummated felony (Art 53, RPC).
Penalty to be imposed upon ACCOMPLICES in a FRUSTRATED CRIME:
The penalty next lower in degree than that prescribed by law for the frustrated felony shall be imposed upon the
accessories to the commission of a frustrated felony (Art. 54, RPC).
Penalty to be imposed upon ACCESSORIES of a FRUSTRATED CRIME:
The penalty lower by two degrees than that prescribed by law for the frustrated felony shall be imposed upon the
accessories to the commission of a frustrated felony (Art. 55, RPC).

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Penalty to be imposed upon ACCOMPLICES in an ATTEMPTED CRIME:
The penalty next lower in degree than that prescribed by law for an attempt to commit a felony shall be imposed upon the
accomplices I an attempt to commit the felony (Art. 56, RPC).
Penalty to be imposed upon accessories of an ATTEMPTED CRIME:
The penalty lower by two degrees than that prescribed by law for the attempted felony shall be imposed upon the
accessories to the attempt to commit a felony (Art. 57, RPC).
Exception to Arts. 50 – 57:
The provisions contained in Articles 50 to 57 shall not be applicable to cases in which the law expressly prescribes the
penalty provided for a frustrated or attempted felony, or to be imposed upon accomplices or accessories (Art. 60, RPC).
Additional penalty to be imposed upon certain accessories:
Those accessories falling within the terms of paragraph 3, Art 19 of the RPC who should act with abuse of their public
functions, shall suffer the additional penalty for absolute perpetual disqualification of the principal offender hall e guilty of a grave
felony, ad that of absolute temporary disqualification if he shall be guilty of a less grave felony (Art. 58, RPC).
RULES FOR GRADUATING PENALTIES
For the purpose of graduating the penalties which according to the provisions of Arts. 50 – 57 are to be imposed upon
persons guilty as principals of any frustrated or attempted felony, or as accomplices or accessories, the following rules shall be
observed:
1. When the penalty prescribed for the felony is single and indivisible, the penalty next lower in DEGREE shall be that
immediately following that indivisible penalty in the respective graduated scale prescribed in Art. 71.
2. When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or more divisible penalties to
be imposed to heir full extent, the penalty next lower in degree shall be that immediately following the lesser of the
penalties prescribed in the respective graduated scale.
4. When the penalty prescribed for the crime is composed of one or two indivisible penalties and the maximum period of
another divisible penalty, the penalty next lower in degree shall be composed of three medium and minimum periods of
the proper indivisible penalty and the maximum period of that immediately following in said respective graduated scale.
5. When the penalty prescribed for the crime is composed of several periods, corresponding to different divisible penalties,
the penalty next lower in degree shall be composed of the period immediately following, which shall be taken from the
penalty prescribed, if possible; otherwise from the penalty immediately following in the above mentioned respective
graduated scale.
6. When the law prescribes a penalty for a crime in some manner not especially provided for in the four preceding rules, the
courts proceeding by analogy, shall impose corresponding penalties upon those guilty as principals of the frustrated
felony, or of attempt to commit the same, and upon accomplices and accessories (Art. 61, RPC).
What is a degree in relation to the penalties provided by the Revised Penal Code?
A degree is one unit penalty or one of the penalties enumerated in the graduated scales in Art. 71 of the Revised Penal
Code.
Thus, Scale No. 1 of said article mentions the penalties in the following order:
1. Death,
2. Reclusion Perpetua,
3. Reclusion Temporal,
4. Prision Mayor,
5. Prision Correccional,
6. Arresto Mayor,
7. Destierro,
8. Arresto Menor,
9. Public Censure,
10. Fine.
One of them is a degree in relation to the others. Prision mayor is one degree lower from reclusion temporal. Prision
correccional is two degrees lower from reclusion temporal.
Effects of the attendance of mitigating or aggravating circumstances and of habitual delinquency:
Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of
diminishing or increasing the penalty in conformity with the following rules:
1. Aggravating circumstances which in themselves constitute a crime especially punishable by law or which are included by
the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of
increasing the penalty.
(a). When in the commission of the crime, advantage was taken by the offender of his public position, the penalty to be
imposed shall be in its maximum regardless of mitigating circumstances. The maximum penalty shall be imposed if the offense was
committed by any person who belongs to an organized/syndicated crime group.
An organized/syndicated crime group means a group of two or more persons collaborating, confederating or
mutually helping one another for purposes of gain in the commission of any crime.

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2. The same rule shall apply with respect to any aggravating circumstances inherent in the crime to such a degree that it
must of necessity accompany the commission thereof.
3. Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private relations
with the offended party, or from any other personal cause, shall only serve to aggravate or mitigate the liability of the
principals, accomplices and accessories as to whom such circumstances are attendant.
4. The circumstances which consist in the material execution of the act, or in the means employed to accomplish it, shall
serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the execution of
the act or their cooperation therein.
5. Habitual delinquency shall have the following effects:
(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of which he
be found guilty and to the additional penalty of prision correccional in its medium and maximum periods;
(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be
found guilty and to the additional penalty of prision mayor in its minimum and medium periods; and
(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime of which
he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion temporal in its
minimum period.
Notwithstanding the provisions of this Article, the total of the two penalties to be imposed upon the offender, in
conformity herewith, shall in no case exceed 30 years.
For the purpose of this article, a person shall be deemed to be habitual delinquent, if within a period of ten (10) years
from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa or
falsification, he is found guilty of any of said crimes a third time or oftener (Art. 62, RPC as amended by RA 7659).
Rules for the application of indivisible penalties
In all cases in which the law prescribed a single indivisible penalty, t shall be applied by the courts regardless of any
mitigating or aggravating circumstances that may have attended the commission of the deed.
In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules shall be
observed in the application thereof:
(1) When in the commission of the deed there is present only one aggravating circumstance, the greater penalty shall
be applied.
(2) When there are neither mitigating nor aggravating circumstances in the commission of the deed, the lesser penalty
shall be applied.
(3) When the commission of the act is attended by some mitigating circumstances and there is no aggravating
circumstance, the lesser penalty shall be applied.
(4) When the litigating and aggravating circumstances attended the commission of the act, the court shall reasonably
allow them to offset one another in consideration of their number and importance, for the purpose of applying the
penalty in accordance with the preceding rules, according to the result of such compensation (Art. 63, RPC).
Rules for the application of penalties which contain three periods:
In cases in which the penalties prescribed by law contain three periods, whether it be a single divisible penalty or
composed of three different penalties, each one of which forms a period in accordance with the provisions of Arts. 76 and 77, the
court shall observe for the application of the penalty the following rules, according to whether there are or are not mitigating or
aggravating circumstances:
(1) When there are neither aggravating nor mitigating circumstances, they shall impose the penalty prescribed by law in its
medium period.
(2) When only a mitigating circumstance is present in the commission of the act, they shall impose the penalty in its
minimum period.
(3) When only an aggravating circumstance is present in the commission of the act, they shall impose the penalty in its
maximum period.
(4) When both mitigating and aggravating circumstances are present, the court shall reasonably offset those of one class
against the other according to their relative weight.
(5) When there are tow or more mitigating circumstances and no aggravating circumstances are present, the court shall
impose the penalty next lower to that prescribed by law, in the period that it may deem applicable, according to the
number and nature of such circumstances.
(6) Whatever may be the number and nature of the aggravating circumstances, the courts shall not impose a greater penalty
than that prescribed by law, in its maximum period.
(7) Within the limits f each period, the court shall determine the extent of the penalty according to the number and nature of
the aggravating and mitigating circumstances and the greater or lesser extent o the evil produced by the crime (Art. 64,
RPC).
Notes:
What is a period n relation to a penalty?

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A period is one of the three equal portions of a divisible penalty known as minimum, medium and maximum.
However, when the penalty prescribed by the Code is composed of three distinct penalties each forming a period, a period is one of
those three penalties.
What is a complex penalty?
A complex penalty is a penalty prescribed by law, composed of three distinct penalties, each forming a period. The
lightest of them shall be the minimum period; the next the medium period and the most severe shall be the maximum period.
Example:
Reclusion Temporal to Death.
minimum period – Reclusion temporal
medium period – Reclusion Perpetua
maximum period – Death
Is a complex penalty the penalty for a complex crime?
No, it is not the penalty for complex crime. The penalty for a complex crime is that provided for under Article 48 of the
Revised Penal Code, that is, the penalty for the graver or gravest offense, the same to be imposed in its maximum period.
Rules in cases in which the penalty is not composed of three periods
In cases in which the penalty prescribed by law is not composed of three periods, the courts shall apply the rules
provided under Art. 64, dividing into three equal portions of time included in the penalty prescribed and forming one period or each
of the three portions (Art. 65, RPC).
IMPOSITION OF FINES
May the court impose a fine at its own discretion?
Art. 66 provide that in imposing fines the courts may fix any amount within the limits established by law. Hence, even
though the law authorizes the court to impose any amount of fine, said amount should be within the limits provided for by law.
What are the factors that should be taken into consideration by the court in fixing the amount of fine?
In fixing the amount in each case, attention shall be given, not only to the mitigating and aggravating circumstances, but
more particularly to the wealth or means of the culprit (Art. 66, RPC).
Penalty to be imposed upon a person under eighteen years of age
When the offender is a minor under eighteen years and his case s one coming under the provisions of the paragraph
next to the last of Art. 80 of the Revised Penal Code, the following rules shall e observed:
(1) Upon a person under fifteen but over nine years of age, who is not exempted from liability by reason of the court
having declared that he acted with discernment discretionary penalty shall be imposed, but always lower by two
degrees at least than that prescribed by law for the crime which he committed.
(2) Upon a person over fifteen and under eighteen years of age the penalty next lower than that prescribed by law shall
be imposed, but always in the proper period (Art. 68, RPC).
Penalty to be imposed when the crime committed is not wholly excusable:
A penalty lower by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable
by reason of the lack of some of the conditions required to justify the same or to exempt from criminal ability in the several cases
mentioned in Arts. 11 and 12 provided that the majority of such conditions are present. The courts shall impose the penalty in the
period which may be deemed proper, in view of the number and nature of the conditions of exemption present or lacking (Art. 69,
RPC).
SERVICE OF SENTENCE
How should the offender serve his penalties when he has to serve two or more penalties?
When the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature of the penalties will
so permit.
If the nature of such penalties is not possible for simultaneous service, the order of their severity shall be followed so that
they may be executed successively or as nearly as may be possible, should a pardon have been granted as to the penalty or
penalties first imposed, or should they have been served out (Art. 70, 1st and 2nd paragraphs, RPC).
According to severity, what is the order of the penalties provided for by law?
The respective severities of the penalties are arranged in the following scale:
1. Death,
2. Reclusion Perpetua,

1._Compilation_in_Crim_Juris___09.doc

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