Criminal Law 1 ppt..........................................

CRIMINAL LAW, DEFINED
Criminal Law- that branch of public law which defines crimes
treats of their nature and provides for their punishment.

DISTINCTIONS
FELONY –
punishable by
the Revised
Penal Code
OFFENSE –
punishable by
special penal
laws
INFRACTIONS
– punishable by
city or municipal
ordinances

CRIME, DEFINED
An act committed or omitted in violation of a public law
forbidding or commanding it.

DELICT and QUASI DELICT
• Delict – a misdeamenor, an offense, or simply CRIME.
• Quasi delict – the fault or negligence of a person causing
damge to another, and there is no pre existing contractual
relation between the parties (Article 2176 Civil Code). Also
known as CULPA AQUILIANA.

SOURCES OF CRIMINAL LAW
1. Act 3815 known as the Revised Penal Code
2. Special Penal Laws passed by Congress
3. Presidential Decrees issued by President Marcos
4. Codigo Penal De Espana (Spanish Penal Code)

COMMON LAW CRIMES
• the body of principles, usages and rules of actions which do not
result from the express act of the legislature. There is no such
crime in the Philippines.

NULLUM CRIMEN NULLA POENA SINE
LEGE
• there is no crime if there is no law punishing it.

CHARACTERISTICS OF CRIMINAL LAW
• General- criminal law is binding on all persons who live or
sojourn in the Philippines, regardless of age, sex or nationality.
• Territorial- criminal laws are applicable only if the crime is
committed within Philippine territory.
• Prospective- criminal law cannot make an act punishable in a
manner in which it was not punishable when committed. See Art
366. (The law looks forward and not backwards)

EXCEPTIONS TO THE GENERAL CHARACTERISTICS
1. As provided by treaty stipulations- RP-US VFA Agreements
2. As provided by laws of preferential applications- RA 75 grants
protection to diplomatic representatives, ambassador or other public
ministers of foreign countries including their domestic servants authorized
and received by the President.
3. Persons who are exempt because of certain principles of
international laws:
• Sovereigns and other heads of states
• Ambassadors, minister plenipotentiaries, minister residents and charges d’
affaires.

EXCEPTIONS TO THE TERRITORIAL
CHARACTERISTICS
1. When the offender shall commit an offense on a Philippine ship or
airship.
2. When the offender should forge or counterfeit any coin or currency note of
the Philippines or obligations and securities issued by the Philippine
government.
3. When the offender should be liable for the acts connected with the
introduction into the Philippines of the obligations and securities mentioned
in number two.
4. When the offender who is a public officer or employee abroad shall
commit an offense in the exercise of his functions.
5. When the offender should commit an offense against the national
securities and the laws of nations.

PROSPECTIVE CHARACTERISTICS
• Also known as prospectivity
• Alsoknown as irretrospectivity.
• It means the law (as a general rule) does not have retroactive
effect.

EXCEPTION TO THE PROSPECTIVE CHARACTER:
When the new law is favorable to the accused.
EXCEPTION TO THE EXCEPTION
• When the offender is a habitual criminal.
• When the new law expressly provides it has no application or
retroactive effect to pending actions/cases.

CONSTRUCTION OF PENAL LAWS
• Penal laws are strictly construed against the state and liberally
in favor of the accused
• If there is a conflict between the Spanish text and the English
text, the Spanish text prevails.

PRO REO DOCTRINE
When there is doubt about the meaning or application or
interpretation of a penal law and the doubt admits of two
interpretations, one which is lenient to the offender and the
other one is favorabe to him, then the interpretation which is
favorable to the accused should be applied.

HISTORY OF THE RPC
• The Alleged Code of Calantiao of 1433
• The old Penal Code which took effect until December 31, 1931.
• Administrative Order 94 of the DOJ dated October 18, 1927
• Anacleto Diaz, Quintin Paredes, Guilermo Guevarra, Alex
Reyes and Mariano De Joya
• Revised Penal Code (ACT 3815)
• RPC approved December 8, 1930
• RPC took effect January 1, 1932

THEORIES IN CRIMINAL LAW
• Classical (Juristic) Theory- the basis of criminal liability is human free
will and the purpose of penalty is retribution. Man is a moral creature with
an absolute free will to choose between good and evil. Here more stress
is placed upon the result of the crime than the criminal. There is scant
regard for the human element.
• Positivist (Realistic) Theory. Man is subdued occasionally by a strange
and morbid phenomenon which constrain him to do wrong. Crime is a
social and natural phenomenon; it cannot be treated therefore by the
application of abstract principles of law or by the imposition of punishment.
The purpose of penalty is reformation of accused. Offender is regarded as
a sick person who needs treatment.

CLASSICAL THEORY
• The basis of criminal liability is human free will and the purpose
of penalty is retribution.
• Man is a moral creature with an absolute free will to choose
between good and evil.
• Here more stress is placed upon the result of the crime than the
criminal.
• There is scant regard for the human element

POSITIVIST THEORY
• Man is subdued occasionally by a strange and morbid
phenomenon which constrain him to do wrong.
• Crime is a social and natural phenomenon;
• Crime cannot be treated therefore by the application of abstract
principles of law or by the imposition of punishment.
• The purpose of penalty is reformation of accused.
• Offender is regarded as a sick person who needs treatment.

RULES ON CRIMES COMMITTED ABOARD FOREIGN MERCHANT VESSEL WHILE
WITHIN PHILIPPINE WATERS
• English Rule- the crime is punishable in the Philippines, unless
the crime merely affects things within the vessel.
• French Rule- the crime is not triable in the courts of that
country (Philippines), unless their commission unless their
commission has effects on the safety of the coastal state.

LIMITATIONS ON THE POWERS OF CONGRESS TO MAKE
LAWS
• No Ex Post Facto Law shall be enacted.- Ex Post Facto Law is a law that makes
criminal an act done before the passage of the law and which was innocent when done,
and punishes such an act; it may also be defined as a law which aggravates a crime, or
makes it greater than it was, when committed.
• No Bill of Attainder shall be passed. – A bill of attainder is a law which inflicts
punishment without trial.

WARNING: DATE OF EFFECTIVITY IS DIFFERENT FROM
DATE OF APPROVAL
• Article 1. Time when Act takes effect- JANUARY 1, 1932.
• Article 367. RPC approved on December 8, 1930.

FELONY
Art. 3. Definitions. — Acts and omissions punishable by law are
felonies (delitos).
Felonies are committed not only be 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.

ELEMENTS OF FELONIES IN GENERAL:
• An act or omission
• Act or omission punishable by the RPC
• Act is performed or omission is incurred by means of dolo or
culpa.

• Act- is any bodily movement tending to produce some effects in
the external world.
• Omission- inaction, the failure to perform an act one is bound
to do.

IMPRUDENCE VS. NEGLIGENCE
• Imprudence involves lack of skill. Negligence involves lack of
foresight
• Imprudence involves a deficiency of action. Negligence
indicates a deficiency of perception.
• Failure to make precaution is imprudence. Failure to use
diligence is negligence.

REQUISITES OF DOLO OR MALICE (INTENTIONAL
FELONIES)
• Freedom of action
• Intelligence
• Intent

MEN’S REA
• Criminal Intent
• The gravamen of a certain crime

REQUISITES OF FAULT OR CULPA (CULPABLE FELONIES)
• Freedom of action
• Intelligence
• Imprudent, negligent, or lack of foresight or lack of skill

MISTAKE OF FACT
Mistake of fact- is a misapprehension of fact on the part of the
person who caused injury to another. He is not liable for
absence of criminal intent

REQUISITES OF MISTAKE OF FACT
• The act would have been lawful had the facts been as the
accused believed them to be.
• The intention of the accused in performing the act should be
lawful.
• That the mistake must be without fault or carelessness on the
part of the accused

IGNORANTIA LEGIS NON EXCUSAT
• Ignorantia legis non excusat-
IGNORANCE OF THE LAW EXCUSES NO ONE FROM
COMPLIANCE THE COMPLIANCE THEREWITH

IGNORANTIA FACTI EXCUSAT
• IGNORANCE OF FACTS EXCUSES
• Ignorantia Facti Excusat is a Latin legal maxim that means
ignorance of a fact is an excuse. Any act done under a mistaken
impression of a material fact is excused (us.legal.com)

Actus non facit reum nisi mens sit rea
The act itself does not make a man guilty unless his intention
was so.

Actus me invito factus nonest meus actus
An act done by me against my will is not my
act.

CRIMES MALA IN SE vs. CRIMES MALA
PROHIBITA
CRIMES MALA IN SE CRIMES MALA
PROHIBITA
1. Those which are so
serious in effects to the
so society so as to call
for their unanimous
condemnation.
1. These are violations
of mere rules of
convenience designed
to secure a more orderly
affairs of the society.

PROHIBITA
2. Wrongful in nature.
Since the beginning of
time
2. Made wrongful only
by statute.

PROHIBITA
3. Generally punished
by Revised Penal Code.
4. Intent is necessary
3. Punished by special
penal laws.
4. Intent may not be
necessary.

MOTIVE and INTENT
Motive- the moving power which impels one to action for a
definite result.
Intent is the purpose to use a particular means to effect such
result.
NOTE”: Motive is not an element of a crime and need not be
proved. Intent is an element of a crime and must be proved.

CRIMINAL LIABILITY, DEFINED
Criminal liability does not only mean the obligation to serve the
personal or imprisonment penalties but it also includes the
liability to pay the fines or pecuniary penalties.

CRIMINAL LIABILITY
Art. 4. 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 an account of the
employment of inadequate or ineffectual means.

Article 4 (1) may refer to either:
•Error in personae- mistake in identity of
victim.
•Aberratio Ictus- mistake in blow.
•Praeter Intentionem- result done is greater
than that originally intended.

Rationale of Par. 1
El que es causa de la causa es causa del mal causado.
Meaning: He who is the cause of the cause is the cause of the
evil caused.

PROXIMATE CAUSE, DEFINED
Proximate cause- is that cause which in the ordinary and
continuous sequence, unbroken by any efficient intervening
cause produces the injury.

EFFICIENT INTERVENING CAUSE
Efficient intervening cause- are those that break the relation
of cause and effect.

IMPOSSIBLE CRIME, DEFINED
IMPOSSIBLE CRIMES- those crimes which would have been
committed against person or property were it not for the
inherent impossibility of its accomplishment or on account of the
employment of inadequate or ineffectual means. The purpose of
the law in punishing impossible crime is to suppress criminal
propensities or tendencies. The penalty for impossible crime is
arresto mayor or fine of P200-500 (Article 59).

3 STAGES OF EXECUTION OF FELONIES
Art. 6. Consummated, frustrated, and attempted felonies. — Consummated felonies as
well as those which are frustrated and attempted, are punishable.
A felony is CONSUMATED 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 the 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 (ED) when the offender commences the commission of a felony
directly or 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 this own spontaneous
desistance.

ATTEMPTED FELONY REQUISITES
1. Offender commences the commission of a felony directly by
overt acts
2. He does not perform all the acts of execution
3. He is not stopped by his own spontaneous desistance
4. The non performance of the all acts of execution was due to
cause or accident other than his own spontaneous desistance.

OERT ACT, DEFINED
It is some physical activity or deed more than a mere planning
or preparation, which if carried out to its complete termination
following its natural course. Without being frustrated by external
obstacles nor by the voluntary desistance of the perpetrator, will
logically and naturally ripen in a concrete offense.

INDETERMINATE OFFENSE, DEFINED
INDETERMINATE OFFENSE- It is one where the purpose of
the offender in performing an act is not certain

FRUSTRATED FELONY REQUISITES
1. Offender performs all the acts of execution
2. Felony is not produced
3. By reason of cause independent of the will of the perpetrator

Q: How to determine whether a crime is attempted, frustrated or
consummated?
A: See the following:
• the elements present
• the nature of the offense
• the manner of the commission of the crime.

FORMAL CRIMES vs. MATERIAL CRIMES
• Formal crimes- are crimes consummated in one instant. There
is only one stage and that is consummated stage.
• Material crimes have three stages of execution, attempted,
frustrated and consummated.
.

SUBJECTIVE PHASE vs. OBJECTIVE PHASE OF THE CRIME
• Subjective phase is that portion of the acts constituting the
crime, starting from the point where the offender begins the
commission of the crime to the point where he still has control
over his act and their natural course.
• If between these two points the offender is stopped by any
cause outside of his own voluntary desistance, the subjective
phase has not been passed and it is an attempt. If he is not so
stopped but continues until he performs the last act, it is
frustrated, provided the crime is not produced. This is the
objective phase of the crime

Art. 7. When light felonies are punishable. — Light felonies
are punishable only when they have been consummated, with
the exception of those committed against person or property.

LIGHT FELONIES, DEFINED
Light felonies are those infractions of law for the commission of
which a penalty of arrest menor or a fine not exceeding 200
pesos or both; is provided.

Art. 8. Conspiracy and proposal to commit felony. —
Conspiracy and proposal to commit felony are punishable only
in the cases in which the law specially provides a penalty
therefor.
A conspiracy exists when two or more persons 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.

GENERAL RULE
• Mere conspiracy to commit a crime is not punishable.
• Reason: Conspiracy and Proposal to Commit a Felony are
punishable only in the cases in which the law specifically
provides a penalty therefore.

Cases where mere conspiracy is already punishable:
1. Conspiracy to commit treason (Art.115);
2. Conspiracy to commit rebellion or insurrection (Art. 136);
3. Conspiracy to commit sedition (Art. 141);
4. Conspiracy in restraint of trade or commerce (Art. 186)
5. Conspiracy to commit terrorism under RA 9372
6. Conspiracy to commit arson under PD 1613.

Cases where mere proposal is already
punishable
1. Proposal to commit treason (Art. 115);
2. Proposal to commit rebellion or
insurrection (Art. 136)
3. Proposal to commit coup d’ etat

RULE IN CONSPIRACY
WHEN THERE IS CONSPIRACY BETWEEN OR AMONG
THOSE WHO COMMITTED THE CRIME THE ACT OF ONE IS
THE ACT OF ALL.

CLASSIFICATION OF FELONY
ACCORDING TO GRAVITY
Art. 9. Grave felonies, less grave felonies and light felonies. — Grave
felonies are those to which the law attaches the capital punishment or
penalties which in any of their periods are afflictive, in accordance with Art.
25 of this Code.
Less grave felonies are those which the law punishes with penalties which in
their maximum period are correctional, in accordance with the above-
mentioned Art..
Light felonies are those infractions of law for the commission of which a
penalty of arrest menor or a fine not exceeding 200 pesos or both; is
provided.

PRINCIPAL PENALTIES
1. Capital Punishment:
• Death
2. Afflictive Penalties
• Reclusion perpetua- 20 yrs.+1 day to 40 yrs.
• Reclusion temporal- 12 yrs.+1 day-20 yrs
• Perpetual or temporary absolute disqualification-6 yrs.+1 day to 12 yrs.
• Perpetual or temporary special disqualification- 6 yrs.+1 day to 12 yrs.
• Prision Mayor-6 yrs. + 1 day to 12 years
3. Correctional penalties
• Prision correctional- 6 mos.+ 1 day to 6 yrs.
• Arresto mayor-1 month + 1 day to 6 mos.
• Suspension- 6 mos+1 day to 6 yrs.
• Destierro- 6 mos. +1 day to 6 years
4. Light penalties
• Arresto menor- 1 day to 30 days
• Public censure

ACCESORY PENALTIES
• Perpetual or temporary absolute disqualification
• Perpetual or temporary special disqualification
• Suspension from public office, the right to vote and be voted for
• Civil Interdiction
• Indemnification
• Forfeiture or confiscation of instrument sand proceeds of the
offense
• Payment of cost

Article 34. Civil interdiction. - Civil interdiction shall deprive the
offender during the time of his sentence of:
1. the rights of parental authority, or
2. guardianship, either as to the person or property of any
ward,
3. marital authority,
4. the right to manage his property,
5. the right to dispose of such property by any act or any
conveyance inter vivos.

Art. 10. Offenses not subject to the provisions of this Code.
— Offenses which are or in the future may be punishable under
special laws are not subject to the provisions of this Code. This
Code shall be supplementary to such laws, unless the latter
should specially provide the contrary.

SPECIAL LAW, DEFINED
Special Law- a law which defines and punishes act not found
in the RPC

FIVE CIRCUMSTANCES AFFECTING CRIMINAL
LIABILITY
1. Justifying Circumstances
2. Exempting Circumstances
3. Mitigating Circumstances
4. Aggravating Circumstances
5. Alternative Circumstances

JUSTIFYING CIRCUMSTANCES, DEFINED
Those where the act of a person is said to be in accordance
with the law, so that he in the eyes of the law is considered not
to have violated the law and is therefore free from criminal and
civil liabilities.

QUICK ENUMERATION OF JUSTIFYING
CIRCUMSTANCES
1. Self defense
2. Defense of relatives
3. Defense of strangers
4. Avoidance of greater evil
5. Fulfillment of duty
6. Obedience to order of superior.
7. Battered Woman Syndrome

THREE REQUISITES OF SELF DEFENSE
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.

2. Any one who acts in defense of
the person or rights of his spouse,
ascendants, descendants, or
legitimate, natural or adopted
brothers or sisters, or his relatives
by affinity in the same degrees and
those 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.
DEFENSE OF
RELATIVES

REQUISITES OF DEFENSE OF RELATIVES
repel it.
3. In case the Provocation was given by the person attacked,
that the one making defense had no part therein.

Anyone who acts in defense
of the person or rights 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 evil
motive.
DEFENSE OF
STRANGERS

REQUISITES OF DEFENSE OF
STRANGERS
repel it.
3. The person defending be not induced by revenge, resentment,
or other evil motive.

Any person who, in order to avoid
an evil or injury, does not 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.
AVOIDANCE OF
GREATER EVIL/STATE
OF NECESSITY

REQUISITES OF AVOIDANCE OF
GREATER EVIL
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.

Any person who acts in
the fulfillment of a duty
or in the lawful exercise
of a right or office.
FULFILLMENT OF
DUTY

REQUISITES OF FULFILMENT OF DUTY
1. The accused acted in the performance of duty or in the lawful
exercise of a right or office.
2. The injury caused is the consequence of the due performance]
of duty or the lawful exercise of such right or office.

Any person who acts in
obedience to an order
issued by a superior for
some lawful purpose.
OBEDIENCE TO AN
ORDER OF A
SUPERIOR

REQUISITES OF OBEDIENCE TO AN
ORDER OF SUPERIOR
1. A lawful order has been issued by a superior;
2. The means used by the accused subordinate to carry out said
order is lawful

UNLAWFUL AGGRESSION, DEFINED
Unlawful aggression is assault or at least threatened assault of
an immediate and imminent kind.

RETREAT TO THE WALL vs. STAND GROUND WHEN IN THE
RIGHT
RETREAT TO THE
WALL
STAND GROUND
WHEN IN THE RIGHT
An ancient common law rule in
homicide which made it the duty of a
person assailed to retreat as far as he
can before he is justified in meeting
force with force
A rule which states that where the
accused is where he has the right
to be, the law does not require him
to retreat when his assailant is
advancing upon him with a deadly
weapon.
Not followed in the
Philippines
Followed in the
Philippines.

PROVOCATION, DEFINED
Provocation- any unjust or improper conduct on the part of the
offended party capable of inciting or irritating any one.

DEFENSE OF RELATIVES REQUISITES
1. Unlawful aggression
repel it
3. In case the provocation was given by the person attacked, the
one making the defense had no part therein.

RELATIVES BY AFFINITY vs. RELATIVES
BY CONSANGUINITY
• Relatives by affinity are those created by marriage such as
parents in law, sons and daughters in law
• Relatives by consanguinity are relatives by nature or by blood
relations. Siblings are within the 2nd civil degree, whereas uncle
and niece or aunt and nephew are within the 3rd civil degree,
first cousins are within the 4th civil degree

DISTINGUISH BETWEEN SELF DEFENSE, DEFENSE OF
RELATIVES AND DEFENSE OF STRANGERS
SELF DEFENSE DEFENSE OF
RELATIVES
DEFENSE OF
STRANGERS
1. Unlawful aggression 1. Unlawful aggression 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
3. In case the
provocation was given
by the person attacked
the one making defense
had no part therein
3. The one defending is
not induced by hatred
revenge or other evil
motive.

SUMMARY OF LIABILITY
JUSTIFYING
CIRCUMSTANCE
CRIMINAL
LIABILITY
CIVIL LIABILITY
1. SELF DEFENSE NONE NONE
2. DEFENSE OF
RELATIVE
NON NONE
3. DEFENSE OF
STRANGERS
NONE NONE
4. AVOIDANCE OF
GREATER EVIL
NONE THERE IS CIVL
LIABILITY
5. FULFILMENT OF
DUTY
NONE NONE
6. OBEDIENCE TO
ORDER OF
SUPERIOR
NONE NONE

BATTERED WOMAN SYNDROME
Battered Wife- a woman who is repeatedly subjected to any
forceful physical or psychological behavior by a man in order to
do something he wants her to do without concern for her rights.
It includes wives or woman in any form of intimate relationship
with a man. The couple must go through the battering cycle at
least twice.

BOARD: What are the cycles of violence in BWS?
ANSWER:
a. Tension Building Stage- where minor battering occurs
b. Acute Battering Incident- characterized by brutality,
destructiveness and death.
c. Tranquil or loving phase- The batterer shows loving caring
nurture to the victim.
d. All of the above

EXEMPTING CIRCUMSTANCES
Exempting Circumstances- are those grounds for exemption
from punishment because there is wanting/missing in the agent
of the crime any of the conditions which make the act voluntary
or negligent.

QUICK ENUMERATION OF EXEMPTING
CIRCUMSTANCES
1. Imbecility; Insanity (unless the latter acted during a lucid
interval)
2. A person under 9
3. A person over 9 and under 15 unless he has acted with
discernment.
4. Accident
5. Uncontrollable fear
6. Lawful or insuperable cause.

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.
IMBECILITY OR
INSANITY

2. A person under nine
years of age. (Repealed
by RA 9344)
MINORITY

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 Art. 80 of
this Code. (Repealed by
RA 9344)
MINORITY

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.
ACCIDENT

5. Any person who act
under the compulsion of
irresistible force.
IRRESISTIBLE FORCE

6. Any person who acts
under the impulse of an
uncontrollable fear of an
equal or greater injury
UNCONTROLABLE
FEAR

7. Any person who fails
to perform an act
required by law, when
prevented by some
lawful insuperable
cause.
LAWFUL OR
INSUPERABLE CAUSE

IMBECILE, DEFINED
A person advanced in age but has a mental capacity equivalent
to that of a child between 2 to 7 years old, which makes him
exempted from criminal liability

INSANITY, DEFINED
One which exists when there is a complete deprivation of
intelligence in committing the criminal act, that is the accused is
deprived of reason and acts without the least discernment.

INSANITY AT THE TIME OF THE COMMISSION OF THE CRIME vs.
INSANITY AT THE TIME OF TRIAL
• Insanity at time of commission of crime = exempted.
• Sane at time of crime but became insane at time of trial = liable
still but trial wil be suspended.

DISCERNMENT, DEFINED
Discernment- the mental capacity of a minor to distinguish
between right from wrong and to fully appreciate the
consequences of his felonious acts.

IRRESISTIBLE FORCE
Irresistible force- a force which produces such an effect upon
an individual that, in spite of all resistance, it reduces him to a
mere instrument and as such incapable of committing a crime
(as a result he is exempted from criminal liability).

UNCONTROLLABLE FEAR
The exempting circumstance of uncontrollable fear
presupposes that the accused is compelled by means of threat
or intimidation by a third person to commit a crime (as a result
he is exempted from criminal liability).

LAWFUL OR INSUPERABLE CAUSE
This refers to some motive which has lawfully, morally, or
physically prevented one to do what the law commands (as a
result he is exempted from criminal liability).

ABSOLUTORY CAUSES, DEFINED
Those where the act of a person is technically a crime, but
because of public policy, there is no penalty imposed.

ENUMERATION OF ABSOLUTORY CAUSES UNDER
THE RPC
1. Art 247. Death or physical injuries under exceptional circumstances
2. Art. 280 (3) trespass
3. Art. 332. Persons exempt from criminal liability
4. Art. 20. Accessories exempted
5. Art. 6 on spontaneous desistance
6. Instigation – one which takes place when a peace officer induces a
person to commit a crime. Without the inducement, the crime would not be
committed. It exempts one from criminal liability.

ENTRAPMENT vs. INSTIGATION
ENTRAPMENT INSTIGATION
1. Ways and means are resorted to for the
purpose of trapping and capturing the
lawbreaker in the execution of his plans
Here, the police practically induces the
accused into the commission of the offense
and he himself becomes a co principal in
the crime.
2. The intent to violate the law originated
from the accused himself.
2. The intent to violate the law did not
originate from the accused as he was
induced only by the police to perform a
criminal act.
3. Not an absolutory cause hence does not
exempt from criminal liability
An absolutory cause that exempts one from
criminal liability

MITIGATING CIRCUMSTANCES
Mitigating circumstances-those which if present in the
commission of a crime, do not entirely free the actor from
criminal liability but reduces only the penalty.

ENUMERATE THE MITIGATING
CIRCUMSTANCES
1. Incomplete justifying or exempting circumstance
2. Under 18
3. No intention to commit so grave a wrong (praeter intentionem)
4. Sufficient provocation or threat
5. Vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender/ voluntary confession of guilt
8. Deaf, dumb, blind and other physical defects
9. Illnesses which diminish will power
10. Analogous circumstances.

1. Those mentioned in
the preceding chapter,
when all the requisites
necessary to justify or to
exempt from criminal
liability in the respective
cases are not attendant.
Incomplete Justifying or
incomplete exempting
circumsatnces.

2. That the offender is
under eighteen year 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.
(Correlate with RA 9344)
Minority (under 18 years
old)

3. That the offender had
no intention to commit
so grave a wrong as that
committed.
PRAETER
INTENTIONEM

4. That sufficient
provocation or threat on
the part of the offended
party immediately
preceded the act.
SUFFICIENT
PROVOCATION OR
THREAT

5. That the act was
committed in the
immediate vindication of
a grave offense to the
one committing the
felony (delito), his
spouse, ascendants, or
relatives by affinity
within the same
degrees.
VINDICATION OF
GRAVE OFFENSE

6. That of having acted
upon an impulse so
powerful as naturally to
have produced passion
or obfuscation.
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;
VOLUNTARY
SURRENDER OR
VOLUNTARY
CONFESSION OF
GUILT

8. That the offender is
deaf and dumb, blind or
otherwise suffering
some physical defect
which thus restricts his
means of action,
defense, or
communications with his
fellow beings.
PHYSICAL HANDICAP
OR DEFECTS

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.
ILLNESS THAT
DIMINISHED WILL
POWER

10. And, finally, any
other circumstances of a
similar nature and
analogous to those
above mentioned.
ANALOGOUS
CIRCUMSTANCES

NO INTENTION TO COMMIT SO GRAVE A WRONG AS THAT
COMMITTED
Q: How to determine the lack of grave intention to commit the
offense?
A: Consider the following:
• the weapon used
• nature of the injury
• part of the body targeted

VOLUNTARY SURRENDER
• Voluntary surrender must be made to a person in authority or
his agents
• A surrender is voluntary when it is spontaneous in such a
manner that it shows the interest of the accused to surrender
voluntarily to the authorities either because he acknowledges
his guilt or wishes to save the authorities the expenses incurred
in his search.

VOLUNTARY CONFESSION OF GUILT/PLEA OF
GUILTY REQUISITES
1. It must be made in open court
2. It must be made prior to the presentation of evidence of the
prosecution

AGGRAVATING CIRCUMSTANCES
Aggravating Circumstances- are those which if attendant in
the commission of the offense, would serve to increase the
penalty.

THE 21 AGGRAVATING CIRCUMSATNCES
1. Advantage of public position
2. In contempt or with insult to public authorities
3. Disrespect on the rank, age or sex of the offended party; the crime is committed in the dwelling of offended party
4. Abuse of confidence or obvious ungratefulness
5. Palace of the Chief Executive, or in his presence, or place where authorities discharge their duties, or place of religious worship
6. Nightime, uninhabited place, band
7. On occasion of conflagration, shipwreck etc.
8. Aid of armed men
9. Recidivist
10. Reiteration
11. Price, reward or promise
12. Inundation, fire, poison, etc
13. Evident Premiditation
14. Craft, fraud or Disguise
15. Superior strength or means to weaken defense
16 Treachery
17. Ignominy
18. Unlawful entry
19. Wall, roof, floor be broken
20. Aid of persons under 15, motor vehicle
21. Cruelty

1. That advantage be
taken by the offender of
his public position
Taking advantage of
public position

2. That the crime be
committed in contempt
or with insult to the
public authorities.
Contempt of 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 is be
committed in the
dwelling of the offended
party, if the latter has not
given provocation.
Disregard of rank, age,
sex and dwelling of
victim

4. That the act be
committed with abuse of
confidence or obvious
ungratefulness.
Abuse of confidence or
obvious ungratefulness

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 a place dedicated
to religious worship.
Palace of President,
public places or those
dedicated to worship

committed in the night
time, or in an
uninhabited place, or by
a band, whenever such
circumstances may
facilitate the commission
of the offense.
Nigttime, uninhabited
place and band

committed on the
occasion of a
conflagration, shipwreck,
earthquake, epidemic or
other calamity or
misfortune.
Taking advantage of
calamity, disaster.

committed with the aid
of armed men or
persons who insure or
afford impunity.
Aid of armed men

9. That the accused is a
recidivist.
Recidivism

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.
Reiteracion or habituality

committed in
consideration of a price,
reward, or promise.
Price, reward, promise

committed by means of
inundation, fire, poison,
explosion, stranding of a
vessel or international
damage thereto,
derailment of a
locomotive, or by the
use of any other artifice
involving great waste
and ruin.
Fire, poison, and other
great wastes and ruins.

13. That the act be
committed with evident
premeditation.
Evident premeditation

14. That the craft, fraud
or disguise be
employed.
Craft, fraud, disguise

15. That advantage be
taken of superior
strength, or means be
employed to weaken the
defense.
Advantage of superior
strength, weakening of
defense.

16. That the act be
committed with
treachery (alevosia).
Treachery or alevosia

17. That means be
employed or
circumstances brought
about which add
ignominy to the natural
effects of the act.
Ignominy

19. That as a means to
the commission of the
crime a wall, roof, floor,
door, or window be
broken
Broken wall, roof, floor,
or window.

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.
Help of person under
age, motor vehicle

. That the wrong done in
the commission of the
crime be deliberately
augmented by causing
other wrong not
necessary for its
commissions
Cruelty

UNINHABITED PLACE
UNINHABITED PLACE- one where there are no houses or
where the houses are scattered at a great distance from each
other

BAND, DEFINED
BAND- 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.

Q: When is nightime, uninhabited place and band aggravating?
A: 1. When the offender took advantage thereof for the purpose
of impunity
2. When specially sought for by the offender to insure the
commission of the crime
3. When it facilitated the commission of the crime.

AID OF PERSONS WH INSURE OR
AFFORD IMPUNITY
Q: Robber X and Robber Y robbed a certain village upon the
assurance of the baranggay tanod that they would not patrol the
village on that night. What aggravating circumsatnce is present?
A: Aid of persons who insure impunity

RECIDIVIST, DEFINED
RECIDIVIST- 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 the Revised Penal
Code.

WHAT IS REITERACION OR HABITUALITY?
He is an offender who HAS BEEEN PREVIOUSLY PUNISHED
FOR:
1. An offense to which the law attaches an equal or greater
penalty or
2. For two or more crimes to which it attaches a lighter
penalty

4 REPETITIOUS OFFENDERS
RECIDIVIST REITERACION
OR
HABITUALITY
HABITUAL
DELINQUENT
QUASI
RECIDIVIST/M
ULTI
RECIDIVIST
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 the
Revised Penal
Code.
He is an offender who
HAS BEEEN
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
Within ten yeARS
THE ACUSED IS
CONVICTED OF
ROBO, HURTO,
ESTAFA,
FALSIFICATION,
PHYSICAL
INJURY FOR
THE THIRD
TIME.
A PERSON
AFTER HAVING
BEEN
CONVICTED
SHALL COMMIT
ANOTHER
FELONY WHILE
SERVING HIS
SENTENCE

EVIDENT PREMEDITATION
EVIDENT PREMEDITATION- it involves a determination to
commit the crime prior to the moment of its execution and also
to carry out the criminal intent which must be the result of
deliberate, calculated and reflective thoughts through a period
of time sufficient to dispassionately consider and accept the
consequences thereof, thus indicating greater perversity

Q: What are the requisites of evident premeditation?
A: 1. The time when the offender determined to commit the
crime;
2. An act manifestly indicating that the culprit has clung to his
determination;
3. A sufficient lapse of time between the determination and
execution, to allow him to reflect upon the consequences of his
act and to allow his conscience to overcome the resolution of
his will.

CRAFT, DEFINED
CRAFT- is a circumstance characterized by trickery or cunning
resorted to by the accused, to carry out his design. It is the use
of intellectual trickery and cunning on the part of the accused.
“ASTUCIA”

FRAUD, DEFINED
FRAUD- insidious words or machinations used to induce the
victim to act in a manner which would enable the offender to
carry out his design.
“FRAUDE”

DISGUISE, DEFINED
• DISGUISE- it involves the deliberate effort of the
accused to conceal his identity in the commission of
the crime.
“DISFRAZ”

TREACHERY OR 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.

IGNOMINY, DEFINED
• IGNOMINY- is a circumstance pertaining to the moral order,
which adds disgrace and obloquy to the material injury caused
by the crime. It is a circumstance that tends to make the effects
of the crime more humiliating, thus adding to the victim’s moral
sufferings.

UNLAWFUL ENTRY, DEFINED
UNLAWFUL ENTRY- there is unlawful entry when an entrance
is affected by a way not intended for the purpose.
“ESCALAMIENTO”

CRUELTY, DEFINED
CRUELTY- a circumstance whereby the offender enjoys and
delights in making his victim suffer slowly and gradually,
causing him unnecessary physical pain in the consummation of
his criminal act.
“ENSANAMIENTO”

FOUR KINDS OF AGGRAVATING
CIRCUMSTANCE
• Generic- generally applies to all crimes.
• Inherent- that must necessarily accompany the commission of a crime
• Qualifying- that which changes the nature of the crime
• Specific- Those that apply only to a particular crime.

ALTERNATIVE CIRCUMSTANCES
Art. 15. Their concept (DEFINED). — 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 1. relationship, 2. intoxication and the 3. degree of
instruction and education of the offender.

The alternative circumstance of relationship shall be taken into
consideration when the offended party in 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 circumstances when the offender has committed
a felony in a state of intoxication, if the same is not habitual or
subsequent to the plan to commit said felony but when the
intoxication is habitual or intentional, it shall be considered as
an aggravating circumstance.

PERSONS CRIMINALLY LIABLE FOR FELONIES
Art. 16. Who are criminally liable. — The following are criminally
liable for grave and less grave felonies:
1. Principals.
2. Accomplices.
3. Accessories.
The following are criminally liable for light felonies:
1. Principals
2. Accomplices.

THREE CLASSIFICATIONS OF
PRINCIPALS
• Those who take a direct part in the execution of the act.
(PRINCIPAL BY DIRECT PARTICIPATION)
• Those who directly forced or induced others to commit it.
(PRINCIPAL BY INDUCEMENT OR INDUCTION)
• Those who cooperate in the commission of the offense by
another act without which it would not have been accomplished
(PRINCIPAL BY INDISPENSABLE COOPERATION)

ACCOMPLICES
Art. 18. Accomplices. — Accomplices are those persons who,
not being included in Art. 17, cooperate in the execution of the
offense by previous or simultaneous acts

ACCESSORIES, DEFINED
Art. 19. 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. (FOR PUBLIC OFFICIALS ONLY ) By harboring, concealing, or assisting in the
escape of the principals of the crime, provided the accessory acts with abuse of his public
functions
OR
(FOR PRIVATE PERSONS ALSO) 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.

ACCESSORIES BUT EXEMPTED FROM
CRIMINAL LIABILITY
Art. 20. Accessories who are exempt from criminal liability.
— The penalties prescribed for accessories shall not be
imposed upon those who are such with respect to their
spouses, ascendants, descendants, legitimate, natural, and
adopted brothers and sisters, or relatives by affinity within the
same degrees, with the single exception of accessories falling
within the provisions of paragraph 1 of the next preceding
article.

JURIDICAL CONDITIONS OF PENALTY
• Must be commensurate with the offense- different crimes
have different penalties under the law.
• Must be personal- A person should be held accountable for his
own actions. No person should be punished for the crime of
another
• Certain- No person must escape the penalty.
• Legal- The penalty must be in accordance with the law

JUSTIFICATION FOR THE IMPOSITION OF
PENALTY
• Exemplarity- to serve as an example to others and deter them from
emulating the criminal.
• Justice- Criminal is punished as an act of retributive justice.
• Prevention- To suppress or prevent the danger to the State of the acts of
the criminal.
• Reformation- Under the modern concept of correction the criminal is
punished in order to rehabilitate or reform him.
• Self Defense- To protect the society against the threats and actions of the
criminals.

LIFE IMPRISONMENT vs. RECLUSION
PERPETUA
LIFE IMPRISONMENT RECLUSION
PERPETUA
1. does not have
specific duration.
1. Has a specific
duration
2. Imposed for violations
of special laws
2. Imposable generally
for violations of the
Revised Penal Code.
3. Does not have
accessory penalties.
3. Has accessory
penalties.

Q: When may penal laws have retroactive effects?
A: Penal laws shall have retroactive effect in so far as they favor
the person guilty of a felony, who is not a habitual criminal (art.
22)

Q: When is fine afflictive, correctional or light in character?
A: 1. It is afflictive if it exceeds P6000 (1.2M)
2. It is correctional if it does not exceed P6000 (1.2M) but is
not less than P200 (40K)
3. It is light if it is less than P200 (40K)

PREVENTIVE IMPRISONMENT
Q: Explain the concept of preventive imprisonment.
A: Offenders or accused who have undergone preventive imprisonment
shall be credited in the service of their sentence consisting of deprivation
of liberty, 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. Except:
• when they are recidivist, or have been convicted previously twice or more
times of any crime;
• when upon being summoned for the execution of their sentence they failed
to surrender voluntarily.(Article 29)

• Note: An accused undergoes preventive imprisonment when
the offense charged is non bailable or even if bailable he cannot
furnish the required bail. Now if an accused does not agree to
abide by the same disciplinary rules imposed upon convicted
prisoners, he shall be credited in the service of his sentence
with 4/5 of the time during which he has undergone preventive
imprisonment.

CIVIL INTERDICTION
Q: What is civil interdiction?
A: It is an accessory penalty which has the effects of depriving
the offender during the time of his sentence of the rights of
parental authority, or guardianship, either as to the person or
property of any ward, of marital authority, of the right to manage
his property, and of the right to dispose of such property by any
act or any conveyance inter vivos.

BOND TO KEEP THE PEACE
Q: What is bond to keep the peace?
A: It is an accessory penalty which has the effect of requiring the person
sentenced to it to present two sureties who shall undertake that such
person will not commit the offense sought to be prevented, and 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 court to guarantee said undertaking. If the person sentenced
fail to give the bond as required he shall be detained for a period not
exceeding six months if he shall have been prosecuted for grave or less
grave felony, and shall not exceed thirty days, if for a light felony.

EFFECT OF PRESIDENTIAL PARDON
Q: What is the effect of pardon (by the President)?
A: 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. It shall also not
exempt the culprit from the payment of the civil liability imposed
upon him by the sentence.

PARDON, DEFINED
• Pardon- is an act of grace proceeding from the power entrusted
with the execution of the laws which exempts the individual on
whom it is bestowed from the punishment the law inflicts for the
crime he has committed. A pardon may either be a conditional
or absolute.

LIMITATIONS ON THE PARDONING POWER OF THE
PRESIDENT
• Pardon can be exercised only after conviction;
• This power cannot be extended to cases of impeachment
• No pardon involving violations of elections laws, shall be
granted without the favorable recommendation of the Comelec.

PARDON OF THE PRESIDENT vs. PARDON BY THE PRIVATE
OFFENDED PARTY
PARDON BY
PRESIDENT
PARDON BY VICTIM
1. Extinguishes criminal liability 1. Does not extinguish criminal
liability
2. Does not extinguish civil liability 2. Extinguishes civil liability
3. Must be given after conviction
by final judgment
3. In cases where pardon is
allowed it must be given prior to
the institution of criminal action
against the accused.

PECUNIARY LIABILITY
ENUMERATE THE PROPER ORDER OF PAYMENT OF THE
PECUNIARY LIABILITIES OF THE OFFENDER:
• Reparation of the damage caused
• Indemnification of consequential damages
• The fine
• Cost of the proceedings (Art.38)

SUBSIDIARY IMPRISONMENT
Q: What is subsidiary imprisonment/penalty?
A: It is a personal liability to be suffered by the convict who has
no property to pay the fine at the rate of one day for each
eight pesos. (Art. 39)

COMPLEX CRIME, DEFINED
Q: What is a complex crime?
A: There is a complex crime when a single act constitutes two or
more grave or less grave felonies, or when an offense is a
necessary means for committing the other. (In which case the
penalty for the most serious crime shall be imposed in its
maximum period-Art 48)

TWO KINDS OF COMPLEX CRIMES
1. When a single act constitutes two or more grave or less grave
felonies- (compound crime or delito compuesto)
2. When an offense is a necessary means of committing the
other- (complex crime proper or delito complejo)

CONTINUING CRIMES
Q: What is a continuing/continued/continuous crime?
A: It is a single crime, consisting of a series of acts all arising
from one criminal resolution. It is a continuous, unlawful act or
series of act set on foot by a single impulse and operated by an
unintermittent force, however long time it may occupy.

HABITUAL DELINQUENT
Q: Who/What is a habitual delinquent?
A: A person shall be deemed a 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 oftener.

THREE FOLD RULE IN SERVICE OF
SENTENCE
Q: What is the rule on successive service of sentence?
A: When the culprit has to serve two or more penalties, he shall
serve them simultaneously if the nature of the penalties will
permit so, otherwise the order of their respective severity shall
be followed so that they maybe executed successively or as
nearly as may be possible, should a pardon have been granted
as to the penalty first imposed or should they have been carried
out (Art. 70).

Q: What is the three fold rule in the service of sentence?
A: According to this rule, the maximum duration of the convict’s
sentence shall not be more than threefold the length of time
corresponding to the most severe of the penalties imposed
upon him. No other penalty to which he may be held liable shall
be inflicted after the sum of those imposed equals the said
maximum period.
Such maximum period shall in no case exceed forty years.

COMPLEX PENALTY
Q: What is a complex penalty?
A: It is a penalty prescribed by law composed of three distinct
penalties, each forming a period, the lightest of them shall be
the minimum, the next the medium, and the most severe the
maximum period.( ex. Reclusion Temporal to Death)

THE THREE DRUG RULE
• Drugs Used in the three Drug-Rule:
• Sodium Thipentotal- induces sleep.
• Pancurium Bromide- paralyzes the muscles
• Potassium Chloride- stops the heart beat

Q: Give the concept of the penalty of destierro.
A: Any person sentenced to destierro shall not be permitted to
enter the places designated in the sentence, nor within the
radius therein specified, which shall not be more than 250 and
not less than 25 kilometers from the place designated. If he
does he may be held liable for Evasion of service of sentence
under article 157 RPC.

DESTIERRO IS IMPOSED IN THE FOLLOWING:
• Death or Serious Physical injuries inflicted under exceptional
circumstances
• When a person fails to give a bond for good behavior (Art. 284)
• Penalty for concubine in concubinage ( Art. 334)

MODES OF TOTAL EXTINCTION OF CRIMINAL LIABILITY
(Art. 89)
• By the death of the convict, as to the personal penalties; as to pecuniary liabilities, it is
extinguished only when the death of the offender occurs before final judgment.
• By service of sentence;
• By amnesty-an act of the sovereign power granting oblivion or a general pardon for past
offense, and is rarely exercised in favor of a single individual, and is usually exerted in
behalf of certain classes of persons who are subject to trail but not yet convicted.
• By absolute pardon
• Prescription of crime- the forfeiture or the loss of the right of the state to prosecute the
offender after the lapse of a certain time.
• Prescription of Penalty- the loss or forfeiture of the right of the Government to execute
the final sentence after the lapse of a certain time.
• Marriage of the offended party under Article 344 RPC

AMNESTY vs. PARDON
AMNESTY PARDON
1. Granted by the President with the
concurrence of Congress
Granted by the President alone
2.May be given before or after conviction or
during trial.
Given only after conviction by final
judgment
3. Usually given to political offnders and a
group of people
3. Usually given to common crimes and
single person
4. Looks backwards and erases everything 4. Looks forward

TABLE OF PRESCRIPTION OF CRIMES
PENALTIES INVOLVED PERIOD OF
PRESCRIPTION
Death, Reclusion perpetua, and
Reclusion temporal
20 years
Other afflicitve penalties, ex.
Prision mayor and
Disqualifications.
15 years
Punishable by correctional
penalties, ex. Prision correctional,
arresto mayor, destierro
10 years

TABLE OF PRESCRIPTION OF CRIMES
Arresto Mayor 5 years
Libel 1 year
Oral defamation and
slander by deed
6 months
Other light offenses 2 months

NOTE:
• The period of prescription shall commence to run from the day
on which the crime is discovered by the offended party, the
authorities, or their agents, and shall be interrupted by the filing
of the complaint or information, and shall commence to run
again when such proceedings terminate without the accused
being convicted or acquitted, or are unjustifiably stopped for any
reason not imputable to him. It shall not run when the offender
is absent from the Philippines (Art.91)

TABLE OF PRESCRIPTION OF PENALTIES
PENALTY EVADED PRESCRIBES IN
Death and Reclusion
Perpetua
20 years
Other afflictive penalties 15 years
Correctional penalties 10 years

Arresto Mayor 5 years
Light penalties 1 years

MODES OF PARTIAL EXTINCTION OF CRIMINAL LIABILITY
• By conditional pardon- a contract between the president and the convict
the former will release the latter upon compliance with certain conditions.
• By commutation of sentence- it is the reduction of the period of
imprisonment of the offender or the amount of the fine.
• For good conduct time allowance- are deductions from the term of the
sentence for good behavior of the convicted prisoner.
• Parole- consists of the suspension of the sentence of a convict after
serving the minimum term of the indeterminate penalty

PROBATION
A disposition by which an person after conviction is released
subject to approval by the court and supervision of probation
officer.

GOOD CONDUCT TIME ALLOWANCE
Q: Who gives good conduct time allowance?
A: Director of Prisons.

RA 10592 (May 2013)
"ART. 99. Who grants time allowances. – Whenever lawfully
justified, the:
1. Director of the Bureau of Corrections.
2. Chief of the Bureau of Jail Management and Penology.
3. Warden of a provincial, district, municipal or city jail
shall grant allowances for good conduct.
Such allowances once granted shall not be revoked."

YEARS OF
GOOD
BEHAVIOR
PERIOD OF
DEDUCTION
1-2 YEARS 5 DAYS PER
MONTH
MONTH
MONTH
11 YEARS AND
UP
15 DAYS PER
MONTH

COMPARISON OF OLD AND NEW RULES ON GCTA
OLD RULES NEW RULES
1-2 YEARS 5 DAYS/MONTH 20 DAYS/MONTH
11 YEARS UP 15 DAYS/MONTH 30 DAYS/MONTH
ANYTIME 15 DAYS FOR EACH
MONTH OF STUDY,
TACHING OR
MENTORING SERVICE.

SPECIAL TIME ALLOWANCE FOR LOYALTY
Q: What is the special allowance for loyalty?
A: It is a deduction of 1/5 of the period of sentence to any
prisoner who, having evaded the service of his sentence under
the circumstances in art. 158 RPC, gives himself up to the
authority within 48 hours following the issuance of a
proclamation announcing the passing away of the calamity.

Q: What is article 100 of the Revised Penal Code?
A: It says” every person criminally liable for a felony is also civilly
liable.

SUBSIDIARY CIVIL LIABILITY OF CERTAIN
PERSONS
• Art. 102. Subsidiary civil liability of innkeepers, tavern keepers and
proprietors of establishments- In default of persons criminally liable,
innkeepers, tavernkeeprs, and any other persons or corporations shall be civilly
liable for crimes committed in their establishments, in cases where a violation of
municipal ordinances or some general or special police regulations shall have
been committed by them or their employees.
• Innkeepers are also subsidiary liable for the restitution of goods taken by
robbery or theft within their houses from guests lodging therein, or for the
payment of the value thereof, provided that such guests shall have notified in
advance the innkeepers himself, or the person representing him, of the deposit of
such goods within the inn, and shall furthermore have followed the directions
which such innkeepers or his representative may have given them with respect to
the care and vigilance over such goods. No liability shall attach in case of robbery
with violence against or intimidation of persons unless committed by the
innkeepers’ employees.
.

Art. 103. Subsidiary civil liability of other persons- The
subsidiary liability established in the next preceding article shall
also apply to employers, teachers, persons, and corporations
engaged in any kind of industry for felonies committed by their
servants, pupils, workmen, apprentices, or employees in the
discharge of their duties.

Art. 104. What is included in civil liability-
• Restitution
• Reparation of damage caused
• Indemnification of consequential damage

RESTITUTION
Art. 105. Restitution how made- The restitution of the thing itself
must be made whenever possible, with allowance for any
deterioration or diminution of value.
The thing itself shall be restored, even though it be
found in the possession of a third person who has acquired it by
lawful means, saving to the latter his action against the proper
person who may be liable to him.

REPARATION
Art. 106. Reparation- The court shall determine the amount of
damage, taking into consideration the price of the thing, and its
special sentimental value to the injured party.

INDEMNIFICATION
Art. 107. Indemnification- Indemnification of consequential
damages shall include not only those caused the injured party,
but also those suffered by his family or by third person by
reason of the crime.

Criminal Law 1 ppt..........................................

Criminal Law 1 ppt..........................................

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Criminal Law 1 ppt..........................................