Legal medicine

1. BASIC PRINCIPLES OF PHILIPPINE
CRIMINAL LAW
ANTONIO ROQUE R. PARADELA,M.D., LLB
VICENTE SOTTO MEMORIAL MEDICAL CENTER

2. CRIMINAL OR PENAL LAW
• Defined as that branch or division of law which defines crimes, treats of
their nature and provides for their punishment.
• The Philippine criminal law is embodied in the REVISED PENAL CODE and in
the penal provision of other statutes.
• The Revised Penal Code took effect on January 1, 1932.
(Art. 1) It consists principally of three parts, namely:
(a) Principles affecting criminal liability (Arts. 1-20)
(b) Provisions on penalties including criminal and civil liability (Arts. 21-113)
(c) Felonies defined under different title (Art. 114-367)

3. Characteristics of Penal Laws:
(1) It must be general:
• The penal law must apply to all person within a territory, irrespective of
sex, race, nationality, and other personal circumstances; with certain
exceptions.
(2) It must be territorial:
• As a general rule, penal laws are enforceable within the territorial
jurisdiction of a state. It is inherent upon a state to promulgate such laws
which it thinks best for its self-preservation.
(3) It is prospective:
• No person can be penalized for a crime which is not punishable at the time
of commission.

4. APPLICATION OF THE PROVISIONS OF THE
REVISED PENAL CODE:
• this Code shall be enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and maritime zone, but also
outside 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 this
Islands of the obligations and securities mentioned in the preceding number.
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 law of
nations, defined in Title One of Book Two of this Code. (Art. 2).

5. Exceptions to the Rule that the Penal Laws
are Strictly Territorial:
I. Provisions of treaties and Laws of -preferential application:
• The Philippines accepted the principles of international law as a part of the law of the land.
The generally accepted principles of International Law must prevail over the existing municipal
laws in case of conflict between the two laws.
1. Provision of Treaty: The Philippine-United States Base Agreement:
2. Operation of International Law (Exterritoriality):
• The right of exterritoriality is the right to be exempted from local jurisdiction granted to
citizen or subjects of another state by operation of International Law.
• Exterritoriality embraced the following immunities and privileges of diplomats and members of
the suite:
a. Exemption from criminal and civil jurisdiction.
b. Immunity of domicile and diplomatic premises from local jurisdiction (franchise de l'hotel).
• The diplomatic envoy and his residence is considered to be an extension of the territory and
person of the country wherein he is a citizen of.

6. II. Statutory Exceptions:
• Article 2 of the Revised Penal Code mentioned specific instances wherein
the provision may also be applied.
1. Should commit an offense while on a Philippine ship or airship.
• This is based on the theory that the vessel or airship of local registry is an
extension of the territory of the Philippines.
• If the offense is committed within the Philippine maritime zone on board
foreign ships, the following are the theories as to jurisdiction:
a. French Rule — If the crime is committed on board a foreign vessel in
Philippine water, it should not be prosecuted in our local court, except when
the offense affects the peace, security and safety of the Philippines. This
theory emphasizes nationality.
b. English Rule — If a crime is committed on board a foreign vessel in
Philippine water, the case is triable in our local court, except when it merely
affects internal discipline and management of the vessel.

7. 2. Should forge or counterfeit any coin or currency not 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 this
Islands of the obligations and securities mentioned in the preceding
number.
4. While being public officers or employees, should commit an offense
in the exercise of their function; or
5. Should commit any of the crimes against national security and laws
of national.
• The reason for this is to safeguard the State from acts of treason and
espionage based upon the inherent right of a state to self-defense.

8. DEFINITION OF FELONIES:
Acts and omissions punishable by law are felonies (delitos).
• Felonies are committed not only by means of deceit (dolo) but also by
means of fault (culpa).
• There is deceit when the act is performed with deliberate intent; and
there is fault when the wrongful act results from imprudence,
negligence, lack of foresight, or lack of skill. (Art. 3).

9. Elements of a Felony:
1. There must be an act or omission:
• By act is meant the positive action on the part of a person doing a thing
which he must not lawfully do, while omission is failure of a person to do a
thing which he is legally obliged to do.
2. Such act or omission must be done voluntarily:
• There must be free and voluntary act or omission on the part of the person
committing the felony. If the act or omission is done due to the compulsion
of an irresistible force or due to an impulse of an uncontrollable fear or an
equal or greater injury, then the person is exempted from criminal liability.
3. Such act or omission must be punishable by law at the time of the
commission:
• No felony shall be punishable by any penalty not prescribed by law prior to
its commission. (Art. 21).
• Penal laws shall have a retroactive effect in so far as they favor the person
guilty of a felony, who is not 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.

10. CRIMINAL INTENT:
• As a general |rule, intent is necessary in a felony, for an act does not make a person a criminal
unless he possesses a criminal mind.
• Requisites of Criminal Intent:
1. There must be freedom of the person committing the felony:
• There is no freedom to act in the following instances:
a. Any person who acts under the compulsion of an irresistible force. (No. 5, Art. 12).
b. Any person who acts under the impulse of an uncontrollable fear or an equal or greater
injury. (No. 4, Art. 12).
2. There must be intelligence on the part of the person committing the felony:
• In the following instances a person is exempted from criminal liability because of the lack of
intelligence:
a. An imbecile or an insane, unless the latter has acted during a lucid interval. (No. 1, Art. 12).
b. Persons under nine years of age.
c. A person over nine years of age and under fifteen, unless he has acted with discernment
(No. 3, Art. 12).
• For crimes defined under the Revised Penal Code, criminal intent is necessary, however in
other statutory crimes, the intent is immaterial, provided that the prohibited act is
committed.

11. 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 it
accomplishment or on account of the employment of inadequate or
ineffectual means. (Art. 4).

12. • This includes the impossible crimes. Although the wrongful act was
made with evil intent, it does not produce the desired injury on
account of either of the following:
1* Inherent impossibility of accomplishing it.
2. Employment of inadequate or ineffectual means.
• There is inherent impossibility of accomplishing the felony, when the
very nature of the act, it is impossible to consummate it.
Example:—Stabbing a person with intent to kill who has been long long
dead.
• Employment of inadequate or ineffectual means implies that the
offended performs an act which is not capable of producing the
desired effect.
• Example: — When a person tries to kill another by putting arsenic in
the drinking water when in fact it is table salt

13. • The provision only refers to acts which would have been an offense
against persons or property. It does not refer to other crimes
described in the Revised Penal Code.
• The penalty imposed in the commission of the impossible crimes
depends upon the social danger and the degree of criminality of the
offender and shall impose upon him the penalty of arresto mayor or a
fine ranging from 200 to 500 pesos (Art. 59).

14. I. By any person committing a felony (delito) although the wrongful act
done be different from that which he intended:
• A person is responsible for all the natural and logical consequences of
his felonious act even if the wrongful act done is different from that
which he intended to commit.
• The following requisites must concur before a person can be held
responsible for the felony if the wrongful act done is different from
that one intended:
1. That a felony was committed.
2. That the wrongful act done to the aggrieved party is a direct and
natural consequence of the crime committed by the offender.

15. Exceptions:
• Exceptions:
1. When the injury suffered by the offended party is due to some causes or
accident foreign to the facts constituting the felony.
• Example: — If the offender inflicted slight physical injuries to the offended, and
later the offended died of heart failure.
• The offender cannot be liable for homicide or murder but only for slight physical
injuries.
2. When the injury suffered by the offended party is due to his inexcusable
negligence or deliberate misconduct.
• Example: — If the offended party received slight physical injuries from the
offender and later the offended party deliberately contaminated the wounds
which later become serious, the offender is only liable for slight physical injuries.
3. When the injury suffered by the offended party is due to the lack of skill, lack of
foresight, or gross carelessness or negligence of a third person.
• Example: — If the offender inflicted less serious physical injuries to the offended
and due to the gross negligence of the attending physician, the offended died,
the offender is only liable for less serious physical injuries.

16. II. By any person performing an act which would be an offense against
persons or property, where it not for the inherent impossibility of its
accomplishment or on account of the employment of inadequate or
ineffectual means (Par. 2, Art. 4).

17. STAGES OF EXECUTION OF A CRIME:
• Consummated, as well as those which are frustrated and attempted,
are punishable.
• A felony is consummated when all the elements necessary for its
execution and accomplishment are present; and it is frustrated when
the offender performs all the acts of execution which would produce
a felony as a consequence but which, nevertheless, do not produce it
by reason of causes independent of the will of the perpetrator.
• There is an attempt when the offender commences the commission
of a felony directly by overacts, and does not perform all the acts of
execution which should produce the felony by reason of some causes
or accident other than his own spontaneous desistance. (Art. 6).

18. 1. Attempted crime:
• In attempted felony, the offender never goes beyond the subjective phase of the
crime. The following are the requisites:
a. The offender commences directly or by overt acts the execution of the crime.
b. The external acts must have direct connection with the crime.
• Overt act means the act which followed by another act will commit the felony.
c. The offender fails to perform all the acts of execution by reason or cause other
than his spontaneous desistance.
• In attempted felony, the offender fails to perform all the acts of execution of the
crime due to external interventions or causes.
• If the offender desisted later because of fear or remorse, there would be no
attempted felony and such act is not punishable by law.
• The reason of the law for exempting him from any criminal liability is to reward
him for having been at the verge of a crime, heed to the call of his conscience and
return to the path of righteousness. (Guevarra)
• Example: The offender with intent to kill tried to aim his gun against another
person, but fortunately the gun was grabbed by another.

19. 2. Frustrated Crime:
• There is frustrated felony when the offender has performed all the
acts of execution which will produce the felony, but it did not produce
the crime because of some causes independent of the will of the
offender. The subjective phase of the crime is complete but fails to
realize the objective phase for reason independent of the will of the
offender.
• The subjective phase of the crime begins from the moment the
offender thought of committing the felony or from the
commencement of the overt acts to the last act of the offender to
produce the desired effect. The objective phase starts beyond the last
act of the offender up to the time the desired effect has been
produced.

20. Requisites:
a. The offender has done all the acts of execution which would produce
the felony.
b. The desired effect was not produced by reason or causes independent
of the will of the offender.
If the desired felony was not produced because of the voluntary will of the
perpetrator, then there is no frustrated crime.
Example: The offender with intent to kill stabbed a person in the abdomen
and because of the timely intervention by a surgeon, the offended did not
die.

21. 3. Consummated Crime:
There is consummated crime when the offender has done all of the
acts of execution necessary for a felony and the desired result as a
direct and natural consequence of which was produced.
The crime is complete in its subjective and objective phase.
Example: An offender stabbed treacherously another person with
intent to kill and as a result of which the victim died. The offender may
be charged for consummated murder.

22. PERSONS CRIMINALLY LIABLE:
1. Principals:
The following are considered principals:
a. Those who take a direct part in the execution of the act (Principal by
direct participation);
b. Those who directly force or induce others to commit it (Principal by
inducement);
c. Those who cooperate in the commission of the offense by another
act without^ which it would not have been accomplished (Principal by
cooperation). (Art. 17)

23. 2. Accomplices:
• Accomplices are those persons who, not having included in Article 17
(Principals), cooperate in the execution of the offense by previous or
simultaneous acts. (Art. 18).
• The presence of an accomplice although necessary is not
indispensable. The accomplice in order to be criminally liable must
have a common criminal purpose with the principal. The accomplice
must have the intention to help morally or materially in the
commission of the crime.

24. 3. 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:
a. By profiting themselves or assisting the offenders to profit by the effect of
the crime.
b. By concealing or destroying the body of the crime, or the effects or
instruments thereof, in order to prevent its discovery.
c. 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 crimes. (Art. 19).
• The penalty prescribed by law for the commission of a felony shall be
imposed upon the principals in the commission of the felony.
• Whenever the law prescribes a penalty for a felony in general terms, it shall
be understood as applicable to the consummated felony. (Art. 46).

25. CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY:
I. Justifying Circumstances:
• A person who acted by virtue of a justifying circumstance does not commit a
crime in the eye of the law. In as much as no crime is committed then it follows
that there is no criminal. The person is exempted from criminal and civil liability.
The following do not incur any criminal liability:
1. Anyone who acts in defense of his person or rights, provided that the following
circumstances concur:
First. Unlawful aggression;
Second. Reasonable necessity of the means employed to prevent or repel it;
Third. Lack of sufficient provocation on the part of the person defending
himself.

26. 2. Anyone who acts in defense of the person or rights of his spouse,
ascendants, descendants, 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 that the first and
second requisites prescribed in the next preceding circumstance are
present, and the further requisite, 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 right of a stranger,
provided that the first and second requisites mentioned in the first
circumstance of this article are present and that the person defending
be not induced by revenge, resentment, or other civil motive.

27. 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:
First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to avoid it;
Third.- 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 purposes. (Art. 11).

28. II. Exempting Circumstances:
• There is a crime committed but there is no criminal on account of the absence of free will and voluntariness
to act. The offender although exempted from the criminal liability may be civilly liable for his felonious act.
• Circumstances which 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,
where 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 provision of article 80 of this 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 his family who shall be
charged with his surveillance and education; otherwise, he shall be committed to the care of some
institution or person mentioned in said article 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.
5. Any person who acts under the compulsion of an irresistible force.
6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
7. Any person who fails to perform an act required by law, when prevented by some lawful or insuperable
cause. (Art. 12).

29. III. Mitigating Circumstances:
• These are circumstances which lessen the penalty. The penalty may
be the minimum within a degree provided there are no aggravating
circumstances to off-set them or the penalty will be lowered one or
two degrees from that one prescribed by law.
• Kinds of Mitigating Circumstances:
1. Privileged mitigating circumstances:
This kind of mitigating circumstances cannot be off-set by aggravating
circumstances. It lowers the penalty one or two degrees.
2. Ordinary mitigating circumstances:
• This can be off-set by the aggravating circumstances and lower only
the penalty to the minimum period within a degree. (Padilla).

30. Circumstances which Mitigate Criminal Liability:
1. Those mentioned in the preceding chapter, 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 Art. 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.

31. 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
consciousness of his acts.
10. And, finally, any other circumstance of a similar nature and
analogous to those above mentioned. (Art. 13).

32. IV. Aggravating Circumstances:
• Aggravating circumstances increase the penalty or qualify a crime to a
graver one. The basis is the moral perversion of the offender is dangerous
to the state and justify longer confinement.
• Kinds of Aggravating Circumstances:
1. Generic — Those aggravating circumstances that may be applied to all
crimes. Example: recidivism, night time.
2. Specific — Those that may only be applied to a particular crime.
Example: Cruelty can only be applied to crime against person.
3. Qualifying — These are aggravating circumstances that change the nature
of the crime. Example: Treachery qualifies homicide to murder.
4. Inherent — Those that are considered to be a party of the crime itself.
Example: Breaking of the wall in robbery. (Padilla).

33. Circumstances Which Aggravate Criminal Liability:
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 he committed with insult or in disregard of the respect
due the offended party on account of his rank, age, or Bex 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 are engaged in the
discharge of their duties, or in place dedicated to religious worship.

34. 6. That the crime be committed in the night time or in an uninhabited place, or by a
band, whenever such circumstances may facilitate the commission of the offense.
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 final judgment of another crime embraced in the same title
of this Code.
10. That the offender has been previously punished for 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.

35. 13. That the act be 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.
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 form 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 the entrance is effected by a 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, airships, or other similar means.
21. That the wrong done in the commission of the crime be deliberately
augmented by causing other wrong not necessary for its commission (Art. 14,
Revised Penal Code).

36. V. Alternative Circumstances:
• 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.
• They are the relationship, intoxication and the degree of instruction and
education of the offender.
• The alternative circumstance of relationship shall be taken into
consideration when the offended party is the spouse, ascendant,
descendant, legitimate, natural, or adopted brother or sister, or relative by
affinity in the same degrees of the offender.
• The intoxication of the offender shall be taken into consideration as a
mitigating circumstance when the offender has committed a felony in the
state of intoxication, if the same is not habitual or subsequent to the plan
to commit said felony; but when the intoxication is habitual or intentional
it shall be considered as an aggravating circumstance. (Art. 15).

37. PENALTIES:
• No felony shall be punishable by any penalty not prescribed by law
prior to its commission (Art. 21). Penal laws shall have a retroactive
effect in so far as they favor the person guilty of a felony, who is not a
habitual criminal, as this term is defined in rule 5 of article 62 of this
code, although at the time of the publication of such laws of final
sentence has been pronounced and the convict is serving the same.
(Art. 22).
• For purposes of this article, a person shall be deemed to be habitual
delinquent, if within a period of ten years from the date of his release
or last conviction of the crimes 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 offender. (Rule 5, Art. 62).

38. Theories Justifying Penalties:
1. As a preventive measure of the State: The state is obliged to punish
the criminals to prevent or suppress the danger to the State and to the
public arising from the criminal acts of the offender.
2. As a measure of self-defense: The State has the right to punish the
wrong-doer to protect society from the threat and wrong inflicted by
the criminal.
3. To reform the criminal: It is the prime duty of the State to correct or
reform the criminals.
4. For exemplarity: The wrong-doer is punished to be made as an
example to discourage others committing crimes.
5. To do justice: The criminals are punished by the State as an act of
retributive justice, a vindication of absolute right and moral law
violated by the criminal.

39. Classification of Penalties:
I. 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
3. Correctional penalties:
• Prision correccional
• Arresto mayor
• Suspension
• Destierro
4. Light penalties:
• Arresto menor
• Public censure
5. Penalties common to the three preceding classes:
• Fine, and Bond to keep the peace.

40. II. Accessory Penalties:
1. Perpetual or temporary absolute disqualification
2. Perpetual or temporary special disqualification
3. Suspension from public office, the right to vote and to 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)

41. Duration of Penalties:
1. Reclusion perpetua:
• Any person sentenced to any of the perpetual penalties shall be pardoned
after undergoing the penalty for thirty years, unless such person by reason
of his conduct or some other serious cause shall be considered by the Chief
Executive as unworthy of pardon. (Art. 27)
2. Reclusion temporal:
• The penalty of reclusion temporal shall be from twelve years and one day
to twenty years. (Art. 27)
3. Prision mayor and temporary disqualification:
The duration of the penalties of prision mayor and temporary
disqualification shall be from six years and one day to twelve yean except
when the penalty of disqualification imposed as an accessory penalty, in
which case its duration shall be that of the principal penalty. (Art. 27>

42. 4. Prision correccional, suspension and destierro:
• The duration of the penalties of prision correccional, suspension and
destierro shall be from six months and one day to six years, except when
suspension is imposed as an accessory penalty; in which case, its duration
shall be that of the principal penalty. (Art. 27)
5. Arresto Mayor:
• The duration of the penalty of arresto mayor Bhall be from one month and
one day to six months. (Art. 27)
6. Arresto Menor:
• The duration of the penalty of arresto menor shall be from one day to
thirty days. (Art. 27)
7. Bond to keep the peace:
• The bond to keep the peace shall be required to cover such period of time
as the court may determine. (Art. 27)

43. • Effects of the Penalties:
1. Perpetual or temporary absolute disqualification:
a. The deprivation of the public offices and employments which the
offender may have held, even if conferred by popular election.
b. The deprivation of the right to vote in any election for any popular
elective office or to be elected to such office.
c. The disqualification for the offices or public employment and for the
exercise of any of the rights mentioned.
In case of temporary disqualification, such disqualification as is
comprised in paragraphs 2 and 3 of this article shall last during the
term of the sentence.
d. The loss of all rights to retirement pay or other pension for any office
formerly held. (Art. 30)

44. 2. Perpetual or temporary special disqualification:
a. The deprivation of the office, employment, profession or calling
affected.
b. The disqualification for holding similar offices or employments either
perpetually or during the term of the sentence, according to the extent
of such disqualification. (Art. 31)
3. Suspension from any public office, profession or calling, or right of
suffrage:
• The suspension from public office, profession or calling, and the
exercise of suffrage shall disqualify the offender from holding Buch
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)

45. 4. Civil Interdiction:
• Civil interdiction shall deprive the offender during; the time of his
sentence of {he rights of parental authority, or guardianship, either as
to the person or property of any ward, of marital authority, of the
right to manage his property and of the right to dispose of such
property by any act or any conveyance inter vivos. (Art 34)

46. 5. Bond to keep the peace:
• It shall be the duty of any person sentenced to give bond to keep the peace, to
present two sufficient sureties who shall undertake that such person will not
commit the offense sought to be prevented, and that in case such offense be
committed they will pay the amount determined by the court in its judgment, or
otherwise to deposit such amount in the office of the clerk of the court, to
guarantee said undertaking.
• The court shall determine, according to its discretion, the period of duration of
the bond.
• Should the person sentenced fail to give the bond as required he shall be
detained for a period which shall in no case exceed six months, if he shall have
been prosecuted for a grave or less grave felony, and shall not exceed thirty days
for a light felony. (Art. 35)
6. Destierro:
• Any person sentenced to destierro shall not be permitted to enter the place or
places designated in the sentence, nor within the radius therein specified, which
shall not be more than 250 and less than 25 kilometers from the place
designated. (Art 87)

47. EFFECT OF PARDON:
• A pardon shall not work the restoration of the right to hold public
office, or the right of suffrage, unless such rights be expressly
restored by the terms of the pardon.
• A pardon shall in no case exempt the culprit from the payment of the
civil indemnity imposed upon him by the sentence. (Art. 36)

48. DIVISION OF THE DEGREE OF PENALTY INTO
PERIODS:
• Each degree of penalty is further subdivided into three periods,
namely: maximum, medium, and minimum periods, except the
indivisible penalties, like death. As to what period within a degree
shall be imposed upon a convict depends upon the mitigating and
aggravating circumstances present which must offset one another.

49. DEFINITION OF COMPLEX CRIME:
• When a single act constitutes two or more grave felonies, or when an
offense is a necessary means for committing the other, the penalty
for the most serious crime shall be imposed, and the same to be
applied in its maximum period (Art. 48)

50. CONSPIRACY AND PROPOSAL TO COMMIT
FELONY:
• Conspiracy and proposal to commit felony are punishable only in
cases in which the law specially provides a penalty therefor.
• A consipracy exists when two or more person come to an agreement
concerning the commission of a felony and decide to commit it
• There is proposal when the person who has decided to commit a
felony proposes its execution to some other person or persons. (Art.
8)

51. EXTINCTIONS OF CRIMINAL LIABILITY:
I. Total Extinction:
1. By the death of the convict, as to the personal penalties; and as to pecuniary
penalties, liability therefore is extinguished only when death of the offender
occurs before final judgment.
2- By service of the sentence.
3. By amnesty, which completely extinguishes the penalty and all its effects.
4. By absolute pardon.
5. By prescription of the crime.
6. By prescription of the offense.
7. By the marriage of the offended woman, as provided in article 344 of this
Code. (Art. 89)

52. EXTINCTIONS OF CRIMINAL LIABILITY:
II. Partial Extinction:
1. By conditional pardon.
2. By commutation of the sentence.
3. For good conduct' allowances which the culprit may earn while he is
serving his sentence. (Art. 94)
4. Special time allowance for loyalty (Art. 98)
5. Preventive imprisonment.

53. Thanks for listening…..God bless you.