Criminal_Law_and_Practical_Exercises_.pdf

CRIMINAL LAW (AND PRACTICAL EXERCISES)
THE 2022 BAR BEATLES NOTES

DISCLAIMER:
These notes are derived from various bar review materials made by several law professors
like those from the Villasis Law Center (VLC), UST Golden Notes, etc., and selected law
books from known authors.

The criminal justice system, like any system designed by human
beings, clearly has its flaws.
Ben Whishaw

THE 2022 BAR BEATLES NOTES TABLE OF CONTENTS
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TABLE OF CONTENTS
(BASED ON THE 2022 BAR SYLLABUS)
CRIMINAL LAW
I. PRINCIPLES OF CRIMINAL LAW
(REVISED PENAL CODE - BOOK 1)
A. General principles........................................................................................................2
1. Mala in se and mala prohibita....................................................................................2
2. Applicability and effectivity of the RPC......................................................................3
a. Generality.............................................................................................................. 3
b. Territoriality........................................................................................................... 3
c. Prospectivity...........................................................................................................3
3. Interpretation of penal laws....................................................................................... 4
4. Retroactive effect of penal laws................................................................................. 4
B. Felonies........................................................................................................................5
1. Criminal liabilities and felonies................................................................................. 5
a. Classification of felonies (grave, less grave and light felonies)................................. 5
b. Aberratio ictus, error in personae, and praeter intentionem.................................... 5
c. Impossible crimes...................................................................................................6
d. Stages of execution.................................................................................................6
e. Continuing crimes.................................................................................................. 6
f. Complex crimes and composite crimes................................................................... 7
2. Circumstances affecting criminal liability...................................................................7
a. Justifying circumstances..........................................................................................7
b. Exempting circumstances....................................................................................... 9
c. Mitigating circumstances......................................................................................11
d. Aggravating circumstances...................................................................................13
e. Alternative circumstances.....................................................................................15
f. Absolutory causes................................................................................................. 16
3. Persons liable and degree of participation................................................................16
a. Principals, accomplices, and accessories..............................................................16
b. Conspiracy and proposal......................................................................................17
c. Multiple offenders................................................................................................ 17
i. Recidivism.........................................................................................................17
ii. Habituality........................................................................................................17
iii. Quasi-recidivism..............................................................................................18
iv. Habitual delinquency.......................................................................................18
4. Penalties..................................................................................................................19
a. Imposable penalties..............................................................................................19

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b. Classification........................................................................................................21
c. Duration and effects............................................................................................. 22
d. Application and graduation of penalties............................................................... 22
i. Indeterminate Sentence Law (Act No. 4103)...................................................... 22
e. Accessory penalties.............................................................................................. 30
f. Subsidiary Imprisonment.......................................................................................33
5. Execution and service..............................................................................................34
a. Three-fold rule..................................................................................................... 34
b. Probation Law (Presidential Decree No. 968, as amended)...................................35
c. Juvenile Justice and Welfare Act (Republic Act No. 9344, as amended)................38
d. Republic Act No. 10592 (Amendments to Articles 29, 94, 97, 98 and 99 of the RPC)
................................................................................................................................ 40
e. Community Service Act (Republic Act No. 11362; A. M. No. 20-06-14-SC)......... 40
6. Extinction of criminal liability (as amended by Republic Act No. 10592).................44
7. Civil liability in criminal cases.................................................................................48
II. CRIMES UNDER THE REVISED PENAL CODE
A. Crimes against national security and laws of nations...................................................53
B. Crimes against the fundamental law of the State......................................................... 56
C. Crimes against public order........................................................................................61
D. Crimes against public interest.....................................................................................77
E. Crimes against public morals...................................................................................... 91
F. Crimes committed by public officers...........................................................................93
G. Crimes against persons.............................................................................................113
H. Crimes against personal liberty and security.............................................................127
I. Crimes against property............................................................................................. 139
J. Crimes against chastity...............................................................................................160
K. Crimes against the civil status of persons.................................................................. 165
L. Crimes against honor................................................................................................ 166
M. Quasi-offenses.........................................................................................................170
III. SPECIAL PENAL LAWS
A. Anti-Child Pornography Act of 2009 (Sections 3[a-c], 4 and 5, Republic Act
No. 9775).....................................................................................................................174
B. Anti-Fencing Law of 1979 (Sections 2 to 6, Presidential Decree No. 1612)............... 175
C. Anti-Graft and Corrupt Practices Act (Republic Act No. 3019, as amended by Republic
Act No. 3047, Presidential Decree No. 677, Presidential Decree No. 1288, Batas
Pambansa Blg. 195, and Republic Act No. 10910)........................................................177
D. Anti-Hazing Act of 2018 (Republic Act No. 8049, as amended by Republic Act No.
11053)..........................................................................................................................181

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E. Anti-Money Laundering Act of 2001 (Republic Act No. 9160)...................................182
F. Anti-Photo and Video Voyeurism Act of 2009 (Sections 3 and 4, Republic Act No. 9995)
.....................................................................................................................................187
G. Anti-Plunder Act (Sections 1, 2 and 6, Republic Act No. 7080, as amended by Republic
Act No. 7659)...............................................................................................................188
H. Anti-Torture Act of 2009 (Sections 3 [a, b], 4 and 5, Republic Act No. 9745)...........189
I. Anti-Trafficking in Persons Act of 2003 (Sections 3 to 12, Republic Act No. 9208).....192
J. Anti-Violence Against Women and their Children Act of 2004 (Sections 3, 5 and 26,
Republic Act No. 9262)................................................................................................ 202
K. Anti-Wire Tapping Act (Sections 1 to 4, Republic Act No. 4200).............................. 205
L. Bouncing Checks Law (Batas Pambansa Blg. 22).......................................................207
M. Comprehensive Dangerous Drugs Act of 2002 (Republic Act No. 9165, as amended by
Republic Act No. 10640).............................................................................................. 209
N. Cybercrime Prevention Act of 2012 (Republic Act No. 10175).................................214
O. New Anti-Carnapping Act of 2016 (Sections 3 to 4, Republic Act No. 10883)......... 218
P. Special Protection of Children Against Abuse, Exploitation, and Discrimination Act
(Sections 3[a], 5 and 10, Republic Act No. 7610)......................................................... 219
Q. Swindling by Syndicate (Presidential Decree No. 1689)...........................................221
IV. PRACTICAL EXERCISES
A. Drafting of Complaint, Information, Affidavits of Desistance, etc.............................. 223
BIBLIOGRAPHY...........................................................................................................231

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THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW
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A. General principles
1. Mala in se and mala prohibita
Mala in se Mala prohibita
Basis
The moral state of the
offender hence, good faith or
lack of criminal intent is a
defense
Voluntariness, hence, good faith or
lack of criminal intent is not a
defense, unless intent is an element of
the crime such as in Section 3(e) of
Republic Act No. 3019, otherwise
known as the Anti-Graft and Corrupt
Practices Act.
Modifiying
circumstances
Taken into account in
imposing the penalty
precisely because the
offender’s moral trait is the
basis of the crime.
Not considered because the law
intends to discourage the commission
of the act especially prohibited.
Degree of
participation
The penalty is computed on
the basis of whether the
malefactor is a principal
offender, or merely an
accomplice or accessory.
The penalty on the offenders is the
same as they are all deemed
principals, unless the special penal
law considers them otherwise, such as
abettors of brigandage in Presidential
Decree No. 532 who are deemed as
accomplices.
Stage of
accomplishment
The penalty imposed depends
on whether the crime is
consummated, frustrated or
attempted.
Violation of law is punished only
when accomplished or consummated
because intent is not relevant in
crimes mala prohibita for intent is
inherent in the attempted or frustrated
stage.
Moral turpitude
Crimes mala in se generally
involve moral turpitude for its
basis is the moral state of the
offender.
Generally, not involved in crimes
mala prohibita for the act would not
have been wrong if not for the
prohibition by law.
Law violated
Generally the Revised Penal
Code.
Generally the special penal laws.
(Boado, Compact Reviewer in Criminal Law, 2016 edition, pp. 10-12)

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2. Applicability and effectivity of the RPC
a. Generality
Penal laws and those of public security and safety shall be obligatory upon all who live or
sojourn in the Philippine territory, subject to the principles of public international law and
to treaty stipulations. (Article 14, Republic Act No. 386, Civil Code)
b. Territoriality
i. This principle means, that as a rule, penal laws of the Philippines are enforceable only
within its territory. (Article 2, Act No. 3815, Revised Penal Code, as cited in Reyes,
Revised Penal Code Book 1, 2012 edition, p. 13)
ii. Application of the territoriality principle - Except as provided in the treaties and laws of
preferential application, the provisions of this Code shall be enforced not only within the
Philippine Archipelago, including its atmosphere, its interior waters and maritime zone,
but also outside of its jurisdiction, against those who:
(1) Should commit an offense while on a Philippine ship or airship
(2) Should forge or counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands;
(3) Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the presiding 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 the law of nations,
defined in Title 1 of Book 2 of this Code. (Article 2, Revised Penal Code)
c. Prospectivity
A penal law cannot make an act punishable in a manner in which it was not punishable
when committed. As provided in Article 366 of the Revised Penal Code, crimes are
punished under the laws in force at the time of their commission. (Reyes, Vol. 1, p. 14)
i Exception - Whenever a new statute dealing with crime establishes conditions more
lenient or favourable to the accused, it can be given a retroactive effect. (Reyes, Vol. 1, p.
15)

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ii. Exception to the exception - It will not apply:
(1) Where the new law is expressly made inapplicable to pending actions or existing
causes of action. (Tavera v. Valdez, 1 Phil. 468, G.R. No. 922, 8 November 1902)
(2) Where the offender is a habitual criminal under Rule 5, Article 62, Revised Penal Code.
(Article 22, Revised Penal Code; all cited in Reyes, Vol. 1, p. 15)
3. Interpretation of penal laws
For, it is a well-entrenched rule that penal laws are to be construed strictly against the
State and liberally in favor of the accused. They are not to be extended or enlarged by
implications, intendments, analogies or equitable considerations. They are not to be
strained by construction to spell out a new offense, enlarge the field of crime or multiply
felonies. Hence, in the interpretation of a penal statute, the tendency is to subject it to
careful scrutiny and to construe it with such strictness as to safeguard the rights of the
accused. If the statute is ambiguous and admits of two reasonable but contradictory
constructions, that which operates in favor of a party accused under its provisions is to be
preferred. The principle is that acts in and of themselves innocent and lawful cannot be
held to be criminal unless there is a clear and unequivocal expression of the legislative
intent to make them such. Whatever is not plainly within the provisions of a penal statute
should be regarded as without its intendment. (Centeno v. Villalon-Pornillos, G. R. No.
113092, 1 September 1994)
4. Retroactive effect of penal laws
Penal laws shall have a retroactive effect:
a. Insofar as they favor the person guilty of a felony;
b. The said person is not a habitual criminal under Rule 5 of Article 62 of the Revised
Penal Code.
Although at the time of the publication of such laws a final sentence has been pronounced
and the convict is serving the same. (Article 22, Revised Penal Code)

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B. Felonies
1. Criminal liabilities
a. Classification of felonies (grave, less grave and light felonies)
Grave felonies Less grave felonies Light felonies
Those to which the law
attaches the capital
punishment or penalties
which in any of their periods
are afflictive, in accordance
with Article 25 of the
Revised Penal Code. (Article
9, Revised Penal Code, as
amended by Republic Act
No. 10951)
Those which the law
punishes with penalties
which in their maximum
period are correctional, in
accordance with the
abovementioned article.
(Id.)
Those infractions of law for
the commission of which
the penalty of arresto menor
or a fine not exceeding
P40,000.00, or both, is
provided. (Article 9, Revised
Penal Code, as amended by
Republic Act No. 10951)
They are punishable only
when they have been
consummated, with the
exception of those
committed against persons
or property. (Article 7,
Revised Penal Code)
b. Aberratio ictus, error in personae, and praeter intentionem
Aberratio ictus Error in personae Praeter intentionem
Also known as the error in
the victim of the blow, the
offender intends the injury
on one person but the harm
fell on another. There are
three persons involved: the
offender, the intended
victim and the actual victim.
Consequently, the act may
result in a complex crime or
in two felonies, although
there is just a single intent.
Also known as mistake in
identity. It involves only one
offended party but the
offender committed a
mistake in ascertaining the
identity of the victim. In this
case, there are only two
persons involved: the actual
but unintended victim and
the offender.
Here, the injury is on the
intended victim but the
resulting consequence is
much graver than intended.
It is mitigating, but if the
means employed in the
commission of the crime
would logically and
naturally bring about the
actual felony committed, it
should not be appreciated.
(Boado, pp. 25-26)

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c. Impossible crimes
i. Impossible crime is an act which would have been an offense 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. (Campanilla, Criminal Law Reviewer, Vol.
I, 2019 edition, p. 67)
ii. The commission of an impossible crime is indicative of criminal propensity or criminal
tendency on the part of the actor. Such person is a potential criminal. According to
positivist thinking, the community must be protected from anti-social activities, whether
actual or potential, of the morbid type of man called “socially dangerous person.” (Reyes,
Vol. 1, p. 81)
iii. Elements
(1) The acts performed would have been a crime against persons or property;
(2) There is criminal intent;
(3) It is not accomplished because of inherent impossibility or because the means
employed is inadequate or ineffectual; (Boado, pp. 27-28)
(4) That the act performed should not constitute a violation of another provision of the
Revised Penal Code. (Reyes, Vol. 1, p. 82)
d. Stages of execution
Consummated Frustrated Attempted
When all the elements
necessary for its execution
and accomplishment are
present.
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.
When the offender
commences the commission
of a felony directly by overt
acts, and does not perform
all the acts of execution
which should produce the
felony by reason of some
cause or accident other than
his own spontaneous
desistance.
(Article 6, Revised Penal Code)
e. Continuing crimes
i. Concept - Also known as delito continuado, is composed of several acts committed
under a single criminal impulse in violation of a single penal provision. (Campanilla, Vol. I,
p. 108)

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ii. Elements of delito continuado
(1) Plurality of acts performed separately during a period of time;
(2) Unity of criminal intent and purpose; and
(3) Unity of penal provision infringed upon or violated. (Santiago v. Garchitorena, G. R.
No. 109266, 2 December 1993, 228 SCRA 214, as cited in Campanilla, Vol. I, p. 108)
f. Complex crimes and composite crimes
i. Concept of complex crime - There is a complex crime when a single act constitutes 2 or
more grave or less grave felonies. (People v. Benecio, G. R. No. 235016, 8 September
2020)
ii. Penalty for complex crimes. - When a single act constitutes 2 or more grave or less
grave felonies, or when an offense is a necessary means for committing the other, the
penalty for the most serious crime shall be imposed, the same to be applied in its
maximum period. (Article 48, Revised Penal Code)
iii. Kinds of complex crime under Article 48 of the Revised Penal Code
(1) Compound crime - Composed of 2 or more grave or less grave felonies produced by a
single act. (Campanilla, Vol. I, p. 140)
(2) Complex crime proper - Composed of 2 or more crimes one or some of which are
necessary means to commit the other. (Id.)
iv. Composite crime - A composite crime, also known as a special complex crime, is
composed of 2 or more crimes that the law treats as a single indivisible and unique
offense for being the product of a single criminal impulse. (People v. Villaflores, G. R. No.
184926, 11 April 2012)
2. Circumstances affecting criminal liability
a. Justifying circumstances
i. Those where the act of a person is said to be in accordance with law, so that such
person is deemed not to have transgressed the law and is free from both criminal and civil
liability. (Reyes, Vol. I, p. 150)
ii. Basis - The law recognizes the non-existence of a crime by expressly stating in the
opening sentence of Article 11 that the persons therein mentioned “do not incur any
criminal liability.” (Id.)

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iii. Justifying circumstances under the Revised Penal Code
(1) Self-defense
(a) Elements
(i) Unlawful aggression;
(ii) Reasonable necessity of the means employed to prevent or repel it;
(iii) Lack of sufficient provocation on the part of the person defending himself. (Article
11[1], Revised Penal Code)
(2) Defense of relative
(a) Persons covered
(i) Spouse;
(ii) Ascendants;
(iii) Descendants;
(iv) Legitimate brothers or sisters;
(v) Illegitimate brothers or sisters; or
(vi) Relatives by affinity in the same degrees; and
(vii) Relatives by consanguinity within the 4th civil degree. (Article 11[2], Revised Penal
Code)
(b) Elements
(iii) In case the provocation was given by the person attacked, that the one making defense
had no part therein. (Id.)
(3) Defense of stranger
(a) Elements
(iii) The person defending be not induced by revenge, resentment or other evil motive.
(Article 11[3], Revised Penal Code)

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(4) Any person who, in order to avoid an evil or injury, does an act which causes damage
to another (state of necessity)
(a) Elements
(i) That the evil sought to be avoided actually exists;
(ii) That the injury feared be greater than that done to avoid it;
(iii) That there be no other practical and less harmful means of preventing it. (Article 11[4],
Revised Penal Code)
(5) Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or
office. (Article 11[5], Revised Penal Code)
(6) Any person who acts in obedience to an order issued by a superior for some lawful
purpose. (Article 11[6], Revised Penal Code)
(7) Battered woman syndrome. (Section 26, Republic Act No. 9262; People v. Genosa, G.
R. No. 135981, 15 January 2004)
b. Exempting circumstances
i. An imbecile or an insane person, unless the latter has acted during a lucid interval.
Imbecility Insanity
Exempt in all cases from criminal liability
Not exempt if it can be shown that he acted
during lucid interval.
NOTE: During lucid interval, the insane
acts with intelligence.
(Reyes, Vol. I, p. 223)
(1) Basis - Based on the complete absence of intelligence, an element of voluntariness.
ii. A person under 15 years of age. (Section 6, Republic Act No. 9344, Juvenile Justice and
Welfare Act, as amended by Republic Act No. 10630)
NOTE: Republic Act No. 9344, otherwise known as the Juvenile Justice and Welfare Act,
as amended by Republic Act No. 10630, amended the age of responsibility from 9 years
under the Revised Penal Code to 15 years.

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iii. A person under 15 years of age, and under 18, unless he has acted with discernment.
(Id.)
NOTE: RA 9344, as amended by RA 10630, also amended this provision, by amending
the age from 9 years to 15 years and from 15 years to 18 years.
(1) Periods of criminal responsibility
Period of criminal responsibility Age
Age of absolute irresponsibility 15 years and below (infancy)
Age of conditional responsibility 15 years and 1 day to 18 years
Age of full responsibility
18 years or over (adolescence) to 70 years
(maturity)
Age of mitigated responsibility
15 years and 1 day to 18 years, the offender
acting with discernment; over 70 years of
age
(Reyes, Vol. I, pp. 233-234)
iv. Any person who, while performing a lawful act with due care, causes an injury by
mere accident without fault or intention of causing it. (Article 12[4], Revised Penal Code)
(1) Elements
(a) A person is performing a lawful act;
(b) He does it with due care;
(c) He causes an injury to another by mere accident;
(d) Without fault or intention of causing it. (Reyes, Vol. I, pp. 237-238)
v. Any person who acts under the compulsion of irresistible force. (Article 12[5], Revised
Penal Code)
(1) Elements
(a) That the compulsion is by means of physical force;
(b) That the physical force must be irresistible;
(c) That the physical force must come from a third person. (Reyes, Vol. I, p. 243)

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vi. Any person who acts under the impulse of an uncontrollable fear of an equal or greater
injury. (Article 12[6], Revised Penal Code)
(1) Elements
(a) That the threat which causes the fear is of an evil greater than or at least equal to, that
which he is required to commit;
(b) That it promises an evil of such gravity and imminence that the ordinary man would
have succumbed to it. (United States v. Elicanal, G. R. No. L-11439, 28 October 1916, 35
Phil. 209, as cited in Reyes, Vol. I, pp. 244-245)
(2) Requisites to invoke this circumstance as a defense
(a) Existence of an uncontrollable fear;
(b) The fear must be real and imminent; and
(c) The fear of an injury is greater than or at least equal to that committed. (People v.
Petenia, G. R. No. L-51256, 12 August 1986, 143 SCRA 361, as cited in Reyes, Vol. I, p.
245)
vii. Any person who fails to perform an act required by law, when prevented by some
lawful or insuperable cause. (Article 12[7], Revised Penal Code)
(1) Elements
(a) That an act is required by law to be done;
(b) That a person fails to perform such act;
(c) That his failure to perform such act was due to some lawful or insuperable cause.
c. Mitigating circumstances
i. Mitigating circumstances under the Revised Penal Code
(1) Those mentioned in Article 12, when all the requisites necessary to justify or to exempt
from criminal liability in the respective cases are not attendant.
(2) That the offender is under 18 years of age or over 70 years. In the case of the minor, he
shall be proceeded against in accordance with the provisions of Article 80.
NOTE: RA 9344 provides for the procedure in case of a minor who is a child in conflict
with the law, such as suspension of sentence under Section 38 of RA 9344.
(3) That the offender had no intention to commit so grave a wrong as that committed.

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(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, or relatives by affinity within the
same degrees.
(6) That of having acted upon an impulse so powerful as naturally to have produced
passion or obfuscation.
(7) That the offender had voluntarily surrendered himself to a person in authority or his
agents, or that he had voluntarily confessed his guilt before the court prior to the
presentation of the evidence for the prosecution.
(8) That the offender is deaf and dumb, blind or otherwise suffering some physical defect
which thus restricts his means of action, defense, or communications with his fellow
beings.
(9) Such illness of the offender as would diminish the exercise of the will-power of the
offender without however depriving him of the consciousness of his acts.
(10) And, finally, any other circumstances of a similar nature and analogous to those
above mentioned. (Article 13, Revised Penal Code)
ii. Classes of mitigating circumstances
Ordinary mitigating
circumstances
Privileged mitigating
circumstances
Specific mitigating
circumstances
Lowers the penalty to the
minimum period. The
penalty must be divisible,
for an indivisible penalty has
no minimum, medium, or
maximum period.
Lowers the penalty
prescribed by one or more
degrees, whether it be a
divisible or indivisible
penalty.
Applies to a specific penalty,
i.e., concealment of
dishonor in the case of
abortion by the pregnant
woman, and could either be
ordinary or privileged
depending upon the extent
of reduction of penalty
authorized by law.
(Boado, pp. 81-82)

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d. Aggravating circumstances
i. Aggravating circumstances under the Revised Penal Code
(1) That advantage be taken by the offender of his public position.
(2) That the crime be committed in contempt or with insult to the public authorities.
(3) That the act be committed with insult or in disregard of the respect due the offended
party on account of his rank, age, or sex, or that it be committed in the dwelling of the
offended party, if the latter has not given provocation.
(4) That the act be committed with abuse of confidence or obvious ungratefulness.
(5) That the crime be committed in the palace of the Chief Executive or in his presence, or
where public authorities are engaged in the discharge of their duties, or in a place
dedicated to religious worship.
(6) That the crime be committed in the night time, or in an uninhabited place, or by a
band, whenever such circumstances may facilitate the commission of the offense.
NOTE: Whenever more than 3 armed malefactors shall have acted together in the
commission of an offense, it shall be deemed to have been committed by a band.
(7) That the crime be committed on the occasion of a conflagration, shipwreck,
earthquake, epidemic or other calamity or misfortune.
(8) That the crime be committed with the aid of armed men or persons who insure or
afford impunity.
(9) That the accused is a recidivist.
NOTE: A recidivist is one who, at the time of his trial for one crime, shall have been
previously convicted by final judgment of another crime embraced in the same title of this
Code.
(10) That the offender has been previously punished by an offense to which the law
attaches an equal or greater penalty or for two or more crimes to which it attaches a
lighter penalty.
NOTE: This refers to reiteracion. (People v. Cajara, G. R. No. 122498, 27 September 2000)
(11) That the crime be committed in consideration of a price, reward, or promise.

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(12) That the crime be 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.
(13) That the act be committed with evident premeditation.
(14) That the 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).
NOTE: There is treachery when the offender commits any of the crimes against the person,
employing means, methods, or forms in the execution thereof which tend directly and
specially to insure its execution, without risk to himself arising from the defense which the
offended party might make.
(17) That means be employed or circumstances brought about which add ignominy to the
natural effects of the act.
(18) That the crime be committed after an unlawful entry.
NOTE: There is an unlawful entry when an entrance is affected 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 15 years of age, or by
means of motor vehicles, motorized watercraft, 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. (Article 14, Revised Penal Code, as
amended by Republic Act No. 5438)

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ii. Kinds of aggravating circumstances
Generic aggravating circumstances Qualifying aggravating circumstances
Increase the penalty of the offense to its
maximum period. The penalty prescribed in
Book II is the maximum imposable, thus,
the increase in the penalty cannot be to the
next higher degree, but only to the
maximum period. It can be offset by an
ordinary mitigating circumstance.
Change the nature of the crime and the
designation of the offense and resultantly
increase the penalty to a higher degree. It
cannot be offset by any mitigating
circumstance.
Special or specific aggravating
circumstances
Inherent aggravating circumstances
They apply to a particular felony. They do
not change the character of the offense
charged but guide the court in imposing the
proper penalty.
It is an element of the felony thus no longer
considered against the offender.
(Boado, pp. 92-94)
e. Alternative circumstances
i. Concept - 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
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. (Article 15, Revised Penal Code)
ii. Elements
(1) Relationship
(2) Intoxication
(3) Degree of instruction and education of the offender. (Id.)

16
f. Absolutory causes
Those where the act committed is a crime but for reasons of public policy and sentiment
there is no penalty imposed. (People v. Talisic, G. R. No. 97961, September 5, 1997, as
cited in Campanilla, Vol. I, p. 273, and in Reyes, Vol. I, p. 251)
3. Persons liable and degree of participation
a. Principals, accomplices, and accessories
i. Principals
(1) By direct participation - Those who take a direct part in the execution of the act.
(2) By inducement - Those who directly force or induce others to commit it.
(3) By indispensable cooperation - Those who cooperate in the commission of the offense
by another act without which it would not have been accomplished. (Article 17, Revised
Penal Code)
ii. Accomplices - Persons not being principals who cooperate in the execution of the
offense by previous or simultaneous acts. (Article 18, Revised Penal Code)
iii. Accessories - Those who, having knowledge of the commission of the crime, and
without having participated therein, either as principals or accomplices, take part
subsequent to its commission in any of the following manners:
(1) By profiting themselves or assisting the offender to profit by the effects of the crime.
(2) By concealing or destroying the body of the crime, or the effects or instruments thereof,
in order to prevent its discovery.
(3) By harboring, concealing, or assisting in the escape of the principals of the crime,
provided the accessory acts with abuse of his public functions or whenever the author of
the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief
Executive, or is known to be habitually guilty of some other crime. (Article 19, Revised
Penal Code)

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iv. Degree of liability of persons criminally liable
Grave felonies Less grave felonies Light felonies
Principals
Accomplices
Accessories (Accessories not liable)
v. Accessories exempt from criminal liability
(1) Persons covered
(a) Spouses
(b) Ascendants
(c) Descendants
(d) Legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the
same degrees. (Article 20, Revised Penal Code)
(2) Exception - Accessories falling under paragraph 1 of Article 19 of the Revised Penal
Code. (Id.)
b. Conspiracy and proposal
Conspiracy Proposal
It exists when 2 or more persons come to an
agreement concerning the commission of a
felony and decide to commit it.
There is such when the person who has
decided to commit a felony proposes its
execution to some other person or persons.
c. Multiple offenders
i. Recidivism
A recidivist is one who, at the time of his trial for one crime, shall have been previously
convicted by final judgment of another crime embraced in the same title of this Code.
ii. Habituality
There is reiteracion when 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

18
attaches a lighter penalty. (Article 14[10], Revised Penal Code, as cited in Campanilla, Vol.
I, p. 103)
iii. Quasi-recidivism
Besides the provisions of Rule 5 of Article 62, any person who shall commit a felony after
having been convicted by final judgment, before beginning to serve such sentence, or
while serving the same, shall be punished by the maximum period of the penalty
prescribed by law for the new felony.
Any convict of the class referred to in this article, who is not a habitual criminal, shall be
pardoned at the age of 70 years if he shall have already served out his original sentence,
or when he shall complete it after reaching the said age, unless by reason of his conduct
or other circumstances he shall not be worthy of such clemency. (Article 160, Revised
Penal Code)
iv. Habitual delinquency
Habitual delinquency shall have the following effects:
(a) Upon a 3rd conviction the culprit shall be sentenced to the penalty provided by law for
the last crime of which he be found guilty and to the additional penalty of prisión
correccional in its medium and maximum periods;
(b) Upon a 4th conviction, the culprit shall be sentenced to the penalty provided for the
last crime of which he be found guilty and to the additional penalty of prisión mayor in its
minimum and medium periods; and
(c) Upon a 5fth or additional conviction, the culprit shall be sentenced to the penalty
provided for the last crime of which he be found guilty and to the additional penalty of
prisión mayor in its maximum period to reclusión temporal in its minimum period.
Notwithstanding the provisions of this article, the total of the two penalties to be imposed
upon the offender, in conformity herewith, shall in no case exceed 30 years.
For the purpose of this article, a person shall be deemed to be habitual delinquent, is
within a period of 10 years from the date of his release or last conviction of the crimes of
serious or less serious physical injuries, robo, hurto, estafa or falsification, he is found
guilty of any of said crimes a third time or oftener. (Article 62[5], Revised Penal Code)

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4. Penalties
a. Imposable penalties
i. Concept - No felony shall be punishable by any penalty not prescribed by law prior to
its commission. (Article 21, Revised Penal Code)
ii. Measures of prevention or safety which are not considered penalties - The following
shall not be considered as penalties:
(1) The arrest and temporary detention of accused persons, as well as their detention by
reason of insanity or imbecility, or illness requiring their confinement in a hospital.
(2) The commitment of a minor to any of the institutions mentioned in Article 80 and for
the purposes specified therein (now governed by the Juvenile Justice and Welfare Act).
(3) Suspension from the employment or public office during the trial or in order to institute
proceedings.
(4) Fines and other corrective measures which, in the exercise of their administrative
disciplinary powers, superior officials may impose upon their subordinates.
(5) Deprivation of rights and the reparations which the civil laws may establish in penal
form. (Article 24, Revised Penal Code)
iii. Imposition of penalties
Stage of Felony Principal Accomplice Accessory
Consummated 0 1 2
Frustrated 1 2 3
Attempted 2 3 4
(Articles 50-57, Revised Penal Code, as cited in Reyes, Vol. 1, p. 712)
NOTE: The above figures refer to the imposed penalty by the number of degree(s) lower.
iv. Exception on the imposition of penalties - The provisions contained in Articles 50 to
57, inclusive, of this Code shall not be applicable to cases in which the law expressly
prescribes the penalty provided for a frustrated or attempted felony, or to be imposed
upon accomplices or accessories. (Article 60, Revised Penal Code)

20
v. Penalty to be imposed upon the principals when the crime committed is different from
that intended
Penalty prescribed Penalty imposed
Higher than that corresponding to the
offense which the accused intended to
commit
In its maximum period
Lower than that corresponding to the one
which the accused intended to commit
In its maximum period for the former
Higher penalty for either of the frustrated or
attempted offenses
In its maximum period
vi. Additional penalty to be imposed upon certain accessories
(1) Coverage - Accessories who harbored, concealed, or assisted in the escape of the
principals of the crime, provided the accessory acts with abuse of his public functions or
whenever the author of the crime is 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.
Additional penalty Felony
Absolute perpetual disqualification Grave felony
Absolute temporary disqualification Less grave felony
vii. Penalty for impossible crimes - When the person intending to commit an offense has
already performed the acts for the execution of the same but nevertheless the crime was
not produced by reason of the fact that the act intended was by its nature one of
impossible accomplishment or because the means employed by such person are
essentially inadequate to produce the result desired by him, the court, having in mind the
social danger and the degree of criminality shown by the offender, shall impose upon him
the penalty of arresto mayor or a fine from P200 to P500. (Article 59, Revised Penal Code)

21
b. Classification
Principal penalties
Capital punishment Afflictive penalties
Death (Repealed by Section 1 of Republic
Act No. 9346)
Reclusión perpetua
Reclusión temporal
Perpetual or temporary absolute
disqualification
Perpetual or temporary special
disqualification
Prisión mayor
Correctional penalties Light penalties
Prisión correccional
Arresto mayor
Suspension
Destierro
Arresto menor
Public censure
Penalties common to the afflictive, correctional and light penalties
Fine
Bond to keep the peace
Accessory penalties
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Suspension from public office, the right to vote and be voted for, the profession or calling
Civil interdiction
Indemnification
Forfeiture or confiscation of instruments and proceeds of the offense
Payment of costs
Fine
Afflictive penalty Exceeds P1,200,000.00
Correctional penalty Does not exceed P1,200,000.00 but is not less than P40,000.00
Light penalty Less than P40,000.00
(Article 26, Revised Penal Code, as amended by Republic Act No. 10951)

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c. Duration and effects
i. Duration of penalties
Penalty Duration
Reclusión perpetua From 20 years and 1 day to 40 years
Reclusión temporal From 12 years and 1 day to 20 years
Prisión mayor and
temporary disqualification
From 6 years and 1 day to 12 years, except when the penalty
of disqualification is imposed as an accessory penalty, in
which case, it shall be that of the principal penalty
Prisión correccional,
suspension, and destierro
From 6 months and 1 day to 6 years, except when the
suspension is imposed as an accessory penalty, in which
case, its duration shall be that of the principal penalty
Arresto mayor From 1 month and 1 day to 6 months
Arresto menor From 1 to 30 days
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
ii. Computation of penalties - If the offender shall be in prison, the term of the duration of
the temporary penalties shall be computed from the day on which the judgment of
conviction shall have become final.
If the offender be not in prison, the term of the duration of the penalty consisting of
deprivation of liberty shall be computed from the day that the offender is placed at the
disposal of the judicial authorities for the enforcement of the penalty. The duration of the
other penalties shall be computed only from the day on which the defendant commences
to serve his sentence. (Article 28, Revised Penal Code)
d. Application and graduation of penalties
i. Indeterminate Sentence Law (Act No. 4103)
(1) Concept - Hereafter, in imposing a prison sentence for an offense punished by the
Revised Penal Code, or its amendments, the court shall sentence the accused to an
indeterminate sentence the maximum term of which shall be that which, in view of the
attending circumstances, could be properly imposed under the rules of the said Code, and
to a minimum which shall be within the range of the penalty next lower to that prescribed
by the Code for the offense; and if the offense is punished by any other law, the court shall
sentence the accused to an indeterminate sentence, the maximum term of which shall not
exceed the maximum fixed by said law and the minimum shall not be less than the

23
minimum term prescribed by the same. (Section 1, Act No. 4103, Indeterminate Sentence
Law, as amended by Act No. 4225)
(2) Coverage and non-applicability - This Act shall not apply to:
(a) Persons convicted of offenses punished with death penalty or life imprisonment;
(b) To those convicted of treason, conspiracy or proposal to commit treason;
(c) To those convicted of misprision of treason, rebellion, sedition or espionage;
(d) To those convicted of piracy;
(e) To those who are habitual delinquents;
(f) To those who shall have escaped from confinement or evaded sentence;
(g) To those who having been granted conditional pardon by the Chief Executive shall
have violated the terms thereof;
(h) To those whose maximum term of imprisonment does not exceed 1 year; nor
(i) To those already sentenced by final judgment at the time of approval of this Act, except
as provided in section 5 hereof. (Section 2, Indeterminate Sentence Law, as amended by
Act No. 4225)
(3) Effect of parole - Every prisoner released from confinement on parole by virtue of this
Act shall, at such manner as may be required by the conditions of his parole, as may be
designated by the said Board for such purpose, report personally to such government
officials or other parole officers hereafter, appointed by the Board of Pardons and Parole
for a period of surveillance equivalent to the remaining portion of the maximum sentence
imposed upon him or until final release and discharge by the Board of Pardons and Parole
as herein provided. The officials so designated shall keep such records and make such
reports and perform such other duties hereunder as may be required by said Board. The
limits of residence of such paroled prisoner during his parole may be fixed and from time
to time changed by the said Board in its discretion. If during the period of surveillance
such paroled prisoner shall show himself to be a law-abiding citizen and shall not violate
any of the laws of the Philippines, the Board of Pardons and Parole may issue a final
certificate of release in his favor, which shall entitle him to final release and discharge.
(Section 6, Indeterminate Sentence Law, as amended by Republic Act No. 4203)
(4) Effect of violation of parole - Whenever any prisoner released on parole by virtue of
this Act shall, during the period of surveillance, violate any of the conditions of his parole,
the Board of Pardons and Parole may issue an order for his re-arrest which may be served
in any part of the Philippines by any police officer. In such case the prisoner so re-arrested
shall serve the remaining unexpired portion of the maximum sentence for which he was
originally committed to prison, unless the Board of Pardons and Parole shall, in its
discretion, grant a new parole to the said prisoner. (Section 8, Indeterminate Sentence Law,
as amended by Republic Act No. 4203)

24
ii. Graduation of penalties
(a) Graduated scales
Scale No. 1 Scale No. 2
(1) Death
(2) Reclusion perpetua
(3) Reclusion temporal
(4) Prision mayor
(5) Prision correccional
(6) Arresto mayor
(7) Destierro
(8) Arresto menor
(9) Public censure
(10) Fine
(1) Perpetual absolute disqualification
(2) Temporary absolute disqualification
(3) Suspension from public office, the right to vote and be
voted for, and the right to follow a profession or calling
(4) Public censure
(5) Fine
(b) Rules on graduation of penalties
Penalty prescribed Penalty to be imposed
Single and indivisible
Penalty next lower in degree shall be that immediately
following that indivisible penalty in the graduated
scale prescribed in Article 71
Composed of 2 indivisible
penalties, or of 1 or more
divisible penalties to be imposed
to their full extent
Penalty next lower in degree shall be that immediately
following the lesser of the penalties prescribed in the
graduated scale under Article 71
Composed of 1 or 2 indivisible
penalties and the maximum
period of another divisible
penalty
Penalty next lower in degree shall be composed of the
medium and minimum periods of the proper divisible
penalty and the maximum period of that immediately
following in the graduated scale under Article 71
Composed of several periods,
corresponding to different
divisible penalties
Penalty next lower in degree shall be composed of the
period immediately following the minimum
prescribed and of the two next following, which shall
be taken from the penalty prescribed, if possible;
otherwise from the penalty immediately following in
the graduated scale under Article 71

25
When the law prescribes a
penalty for a crime in some
manner not especially provided
for in the 4 preceding rules
The courts, proceeding by analogy, shall impose
corresponding penalties upon those guilty as
principals of the frustrated felony, or of attempt to
commit the same, and upon accomplices and
accessories
TABULATION OF THE PROVISIONS OF THE CHAPTER PROVIDED BY ARTICLE 61(4)
OF THE REVISED PENAL CODE
Penalty
Prescribe
for the
crime
Penalty to be
imposed upon
the principal in
a frustrated
crime, and
accomplice in a
consummated
crime
Penalty to be
imposed upon
the principal in
an attempted
crime, the
accessory in the
consummated
crime and the
accomplices in a
frustrated crime
Penalty to be
imposed upon
the accessory
in a frustrated
crime, and the
accomplices in
an attempted
crime
Penalty to be
imposed
upon the
accessory in
an attempted
crime
First
Case
Death
Reclusion
perpetua
Reclusion
temporal
Prision mayor
Prision
correccional
Second
Case
Reclusion
perpetua
to death
Reclusion
temporal
Prision mayor
Prision
correccional
Arresto
mayor
Third
Case
Reclusion
temporal
in its
maximum
period to
death
Prision mayor in
its maximum
period to
reclusion
temporal in its
medium period
Prision
correccional in
its maximum
period to prision
mayor in its
medium period
Arresto mayor
in its
maximum
period to
prision
correccional in
its medium
period
Fine and
Arresto
mayor in its
minimum
and medium
periods

26
Fourth
Case
Prision mayor in
its maximum
period to
reclusion
temporal in its
medium period
Prision
correccional in its
maximum period
to prision mayor in
its medium period
Arresto mayor in
its maximum
period to prision
correccional in its
medium period
Fine and
Arresto mayor
in its
minimum and
medium
periods
Fine
DIVISIBLE AND INDIVISIBLE PENALTIES AND THEIR RESPECTIVE DURATIONS
Death
(prohibited by Republic Act No. 9346)
Reclusion perpetua
(20 years and 1 day to 40 years)
Reclusion temporal
(12 years and 1 day to 20
years)
Maximum period
(17 years, 4 months and 1 day to 20 years)
Medium period
(14 years, 8 months and 1 day to 17 years
and 4 months)
Minimum period
(12 years and 1 day to 14 years and 8
months)
Prision mayor
(6 years and 1 day to 12
years)
Maximum period
Medium period
Minimum period
Accessory penalties
Absolute disqualification and
temporary disqualification

27
Prision correccional
(6 months and 1 day to 6
years)
Maximum period
(4 years, 2 months and 1 day to 6 years)
Medium period
(2 years, 4 months and 1 day to 4 years
and 2 months)
Minimum period
(6 months and 1 day to 2 years and 4
months)
Arresto mayor
(1 month and 1 day to 6
months)
Maximum period
(4 months and 1 day to 6 months)
Medium period
(2 months and 1 day to 4 months)
Minimum period
(1 month and 1 day to 2 months)
Accessory penalties
Suspension and destierro
Arresto menor
(1 to 30 days)
Maximum period
(21 to 30 days)
Medium period
(11 to 20 days)
Minimum period
(1 to 10 days)

28
iii. Rules on applying mitigating or aggravating circumstances in imposing penalties -
Mitigating or aggravating circumstances and habitual delinquency shall be taken into
account for the purpose of diminishing or increasing the penalty in conformity with the
following rules:
(1) Aggravating circumstances which in themselves constitute a crime specially punishable
by law or which are included by the law in defining a crime and prescribing the penalty
therefor shall not be taken into account for the purpose of increasing the penalty.
(2) When in the commission of the crime, advantage was taken by the offender of his
public position, the penalty to be imposed shall be in its maximum regardless of mitigating
circumstances.
The maximum penalty shall be imposed if the offense was committed by any person who
belongs to an organized/syndicated crime group.
An organized/syndicated crime group means a group of two or more persons collaborating,
confederating or mutually helping one another for purposes of gain in the commission of
any crime.
(3) The same rule shall apply with respect to any aggravating circumstance inherent in the
crime to such a degree that it must of necessity accompany the commission thereof.
(4) Aggravating or mitigating circumstances which arise from the moral attributes of the
offender, or from his private relations with the offended party, or from any other personal
cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices
and accessories as to whom such circumstances are attendant.
(5) The circumstances which consist in the material execution of the act, or in the means
employed to accomplish it, shall serve to aggravate or mitigate the liability of those
persons only who had knowledge of them at the time of the execution of the act or their
cooperation therein. (Article 62, Revised Penal Code, as amended by Republic Act No.
7659)
iv. Rules for the application of indivisible penalties - In all cases in which the law
prescribes a single indivisible penalty, it shall be applied by the courts regardless of any
mitigating or aggravating circumstances that may have attended the commission of the
deed.
In all cases in which the law prescribes a penalty composed of two indivisible penalties,
the following rules shall be observed in the application thereof:
(1) When in the commission of the deed there is present only one aggravating
circumstance, the greater penalty shall be applied.

29
(2) When there are neither mitigating nor aggravating circumstances and there is no
aggravating circumstance, the lesser penalty shall be applied.
(3) When the commission of the act is attended by some mitigating circumstances and
there is no aggravating circumstance, the lesser penalty shall be applied.
(4) When both mitigating and aggravating circumstances attended the commission of the
act, the court shall reasonably allow them to offset one another in consideration of their
number and importance, for the purpose of applying the penalty in accordance with the
preceding rules, according to the result of such compensation. (Article 63, Revised Penal
Code)
v. Rules for the application of penalties which contain 3 periods - In cases in which the
penalties prescribed by law contain 3 periods, whether it be a single divisible penalty or
composed of 3 different penalties, each one of which forms a period in accordance with
the provisions of Articles 76 and 77, the court shall observe for the application of the
penalty the following rules, according to whether there are or are not mitigating or
aggravating circumstances:
(1) When there are neither aggravating nor mitigating circumstances, they shall impose the
penalty prescribed by law in its medium period.
(2) When only a mitigating circumstance is present in the commission of the act, they shall
impose the penalty in its minimum period.
(3) When an aggravating circumstance is present in the commission of the act, they shall
impose the penalty in its maximum period.
(4) When both mitigating and aggravating circumstances are present, the court shall
reasonably offset those of one class against the other according to their relative weight.
(5) When there are two or more mitigating circumstances and no aggravating
circumstances are present, the court shall impose the penalty next lower to that prescribed
by law, in the period that it may deem applicable, according to the number and nature of
such circumstances.
(6) Whatever may be the number and nature of the aggravating circumstances, the courts
shall not impose a greater penalty than that prescribed by law, in its maximum period.
(7) Within the limits of each period, the court shall determine the extent of the penalty
according to the number and nature of the aggravating and mitigating circumstances and
the greater and lesser extent of the evil produced by the crime. (Article 64, Revised Penal
Code)

30
vi. Rule in cases in which the penalty is not composed of 3 periods - In cases in which the
penalty prescribed by law is not composed of 3 periods, the courts shall apply the rules
contained in the foregoing articles, dividing into 3 equal portions of time included in the
penalty prescribed, and forming one period of each of the 3 portions. (Article 65, Revised
Penal Code)
vii. Imposition of fines - In imposing fines the courts may fix any amount within the limits
established by law; in fixing the amount in each case attention shall be given, not only to
the mitigating and aggravating circumstances, but more particularly to the wealth or
means of the culprit. (Article 66, Revised Penal Code)
viii. Penalty to be imposed when not all the requisites of exemption of the 4th
circumstance of Article 12 are present - When all the conditions required in circumstance
Number 4 of Article 12 of this Code to exempt from criminal liability are not present, the
penalty of arresto mayor in its maximum period to prisión correccional in its minimum
period shall be imposed upon the culprit if he shall have been guilty of a grave felony, and
arresto mayor in its minimum and medium periods, if of a less grave felony. (Article 67,
Revised Penal Code)
ix. Penalty to be imposed when the crime committed is not wholly excusable - A penalty
lower by 1 or 2 degrees than that prescribed by law shall be imposed if the deed is not
wholly excusable by reason of the lack of some of the conditions required to justify the
same or to exempt from criminal liability in the several cases mentioned in Articles 11 and
12, provided that the majority of such conditions be present. The courts shall impose the
penalty in the period which may be deemed proper, in view of the number and nature of
the conditions of exemption present or lacking. (Article 69, Revised Penal Code)
e. Accessory penalties
i. Effects of accessory 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 office or to be
elected to such office.
(c) The disqualification for the offices or public employments and for the exercise of any of
the rights mentioned.
(d) The loss of all rights to retirement pay or other pension for any office formerly held.

31
NOTE: In case of temporary disqualification, such disqualification as is comprised in
paragraphs 2 and 3 of Article 30 shall last during the term of the sentence. (Id.)
(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; (Article 31,
Revised Penal Code)
(c) The deprivation of the right to vote in any popular election for any public office or to
be elected to such office; and to hold any public office during the period of his
disqualification. (Article 32, Revised Penal Code)
(3) Suspension
(a) Disqualify the offender from holding public office or exercising his profession or calling
or right of suffrage during the term of the sentence.
(b) Shall not hold another having similar functions during the period of his suspension.
(4) Civil interdiction - It shall deprive the offender during the time of his sentence of the
following:
(a) Right of parental authority,
(b) Right of guardianship, either as to the person or property of any ward,
(c) Right of marital authority,
(d) Right to manage his property; and
(e) Right to dispose of such property by any act or any conveyance inter vivos. (Article 34,
Revised Penal Code)
(5) Bond to keep the peace
(a) The offender must present two sufficient sureties who shall undertake that the offender
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; or
(b) The offender must deposit such amount with the clerk of court to guarantee said
undertaking; or

32
(c) The offender may be detained, if he cannot give the bond, for a period not to exceed 6
months if prosecuted for grave or less grave felony, or for a period not to exceed 30 days,
if for a light felony. (Article 35, Revised Penal Code; Reyes, Vol. 1, p. 636)
(6) Costs - Includes the following:
(a) Fees and
(b) Indemnities in the course of the judicial proceedings
Whether they be fixed or unalterable amounts previously determined by law or
regulations in force, or amounts not subject to schedule. (Article 37, Revised Penal Code)
(7) Order of payment in pecuniary liabilities - In case the property of the offender should
not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in
the following order:
(a) The reparation of the damage caused.
(b) Indemnification of consequential damages.
(c) The fine.
(d) The cost of the proceedings. (Article 38, Revised Penal Code)
ii. Penalties with inherent accessory penalties
(1) Accessory penalties of reclusión perpetua and reclusión temporal - The penalties of
reclusión perpetua and reclusión temporal shall carry with them that of civil interdiction
for life or during the period of the sentence as the case may be, and that of perpetual
absolute disqualification which the offender shall suffer even though pardoned as to the
principal penalty, unless the same shall have been expressly remitted in the pardon.
(2) Accessory penalties of prisión mayor - The penalty of prisión mayor, shall carry with it
that of temporary absolute disqualification and that of perpetual special disqualification
from the right of suffrage which the offender shall suffer although pardoned as to the
principal penalty, unless the same shall have been expressly remitted in the pardon.
(3) Accessory penalties of prisión correccional - The penalty of prisión correccional shall
carry with it that of suspension from public office, from the right to follow a profession or
calling, and that of perpetual special disqualification from the right of suffrage, if the
duration of said imprisonment shall exceed 18 months. The offender shall suffer the
disqualification provided in the article although pardoned as to the principal penalty,
unless the same shall have been expressly remitted in the pardon. (Article 43, Revised
Penal Code)

33
(4) Accessory penalties of arresto - The penalty of arresto shall carry with it that of
suspension of the right to hold office and the right of suffrage during the term of the
sentence. (Article 44, Revised Penal Code)
(5) Confiscation and forfeiture of the proceeds or instruments of the crime - Every penalty
imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of
the crime and the instruments or tools with which it was committed.
Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the
Government, unless they be property of a third person not liable for the offense, but those
articles which are not subject of lawful commerce shall be destroyed. (Article 45, Revised
Penal Code)
f. Subsidiary Imprisonment
i. Concept - It is a subsidiary personal liability to be suffered by the convict who has no
property with which to meet the fine, at the rate of 1 day for each amount equivalent to
the highest minimum wage rate prevailing in the Philippines at the time of the rendition of
judgment of conviction by the trial court, subject to the rules provided for in Article 39 of
the Revised Penal Code. (Reyes, Vol. 1, p. 647)
ii. Rules as to subsidiary imprisonment - If the convict has no property with which to meet
the fine mentioned in paragraph 3 of the next preceding article, he shall be subject to a
subsidiary personal liability at the rate of one day for each amount equivalent to the
highest minimum wage rate prevailing in the Philippines at the time of the rendition of
judgment of conviction by the trial court, subject to the following rules:
Penalty imposed Subsidiary penalty
Prision correccional or arresto and fine
Shall not exceed 1/3 of the term of the
sentence, and shall not continue for more
than 1 year. Fraction or part of a day, not
counted.
Fine only
Shall not exceed 6 months, if the culprit is
prosecuted for grave or less grave felony.
Shall not exceed 15 days, if prosecuted for
light felony.
Higher than prision correccional No subsidiary imprisonment.
Not to be executed by confinement, but of
fixed duration
Shall consist in the same deprivations as
those of the principal penalty, under rules 1
to 3 of Article 39.

34
In case of insolvency
The subsidiary personal liability which the
convict may have suffered shall not relieve
him from the fine in case his financial
circumstances should improve.
5. Execution and service
a. Three-fold rule
When the culprit has to serve two or more penalties, he shall serve them simultaneously if
the nature of the penalties will so permit otherwise, the following rules shall be observed:
In the imposition of the penalties, the order of their respective severity shall be followed so
that they may be executed successively or as nearly as may be possible, should a pardon
have been granted as to the penalty or penalties first imposed, or should they have been
served out.
For the purpose of applying the provisions of the next preceding paragraph the respective
severity of the penalties shall be determined in accordance with the following scale:
i. Death,
ii. Reclusión perpetua,
iii. Reclusión temporal,
iv. Prisión mayor,
v. Prisión correccional,
vi. Arresto mayor,
vii. Arresto menor,
viii. Destierro,
ix. Perpetual absolute disqualification,
x. Temporary absolute disqualification,
xi. Suspension from public office, the right to vote and be voted for, the right to follow a
profession or calling, and
xii. Public censure.
Notwithstanding the provisions of the rule next preceding, the maximum duration of the
convict's sentence shall not be more than 3-fold the length of time corresponding to the
most severe of the penalties imposed upon him. No other penalty to which he may be
liable shall be inflicted after the sum total of those imposed equals the same maximum
period.
Such maximum period shall in no case exceed 40 years.

35
In applying the provisions of this rule the duration of perpetual penalties (pena perpetua)
shall be computed at 30 years. (Article 70, Revised Penal Code, as amended by
Commonwealth Act No. 217)
b. Probation Law (Presidential Decree No. 968, as amended)
i. Purpose - This Decree shall be interpreted so as to:
(a) Promote the correction and rehabilitation of an offender by providing him with
individualized treatment;
(b) Provide an opportunity for the reformation of a penitent offender which might be less
probable if he were to serve a prison sentence; and
(c) Prevent the commission of offenses. (Section 2, Presidential Decree No. 968, Probation
Law, as amended by Republic Act No. 10707)
ii. Grant of probation - Subject to the provisions of this Decree, the trial court may, after it
shall have convicted and sentenced a defendant for a probationable penalty and upon
application by said defendant within the period for perfecting an appeal, suspend the
execution of the sentence and place the defendant on probation for such period and upon
such terms and conditions as it may deem best. No application for probation shall be
entertained or granted if the defendant has perfected the appeal from the judgment of
conviction: Provided, That when a judgment of conviction imposing a non-probationable
penalty is appealed or reviewed, and such judgment is modified through the imposition of
a probationable penalty, the defendant shall be allowed to apply for probation based on
the modified decision before such decision becomes final. The application for probation
based on the modified decision shall be filed in the trial court where the judgment of
conviction imposing a non-probationable penalty was rendered, or in the trial court where
such case has since been re-raffled. In a case involving several defendants where some
have taken further appeal, the other defendants may apply for probation by submitting a
written application and attaching thereto a certified true copy of the judgment of
conviction.
The trial court shall, upon receipt of the application filed, suspend the execution of the
sentence imposed in the judgment.
This notwithstanding, the accused shall lose the benefit of probation should he seek a
review of the modified decision which already imposes a probationable penalty.
Probation may be granted whether the sentence imposes a term of imprisonment or a fine
only. The filing of the application shall be deemed a waiver of the right to appeal.
An order granting or denying probation shall not be appealable. (Section 4, Probation Law,
as amended by Republic Act No. 10707)

36
iii. Criteria for placing an offender on probation - In determining whether an offender may
be placed on probation, the court shall consider all information relative, to the character,
antecedents, environment, mental and physical condition of the offender, and available
institutional and community resources. Probation shall be denied if the court finds that:
(a) The offender is in need of correctional treatment that can be provided most effectively
by his commitment to an institution; or
(b) There is undue risk that during the period of probation the offender will commit
another crime; or
(c) Probation will depreciate the seriousness of the offense committed. (Section 8,
Probation Law, as amended by Republic Act No. 10707)
iv. Disqualified offenders - The benefits of this Decree shall not be extended to those:
(a) Sentenced to serve a maximum term of imprisonment of more than 6 years;
(b) Convicted of any crime against the national security;
(c) Who have previously been convicted by final judgment of an offense punished by
imprisonment of more than 6 months and 1 day and/or a fine of more than P1,000.00;
(d) Who have been once on probation under the provisions of this Decree; and
(e) Who are already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Section 33 hereof. (Section 9, Probation Law, as amended
by Republic Act No. 10707)
v. Conditions of probation - Every probation order issued by the court shall contain
conditions requiring that the probationer shall:
(a) Present himself to the probation officer designated to undertake his supervision at such
place as may be specified in the order within 72 hours from receipt of said order;
(b) Report to the probation officer at least once a month at such time and place as
specified by said officer.
The court may also require the probationer to:
(a) Cooperate with a program of supervision;
(b) Meet his family responsibilities;
(c) Devote himself to a specific employment and not to change said employment without
the prior written approval of the probation officer;
(d) Undergo medical, psychological or psychiatric examination and treatment and enter
and remain in a specified institution, when required for that purpose;
(e) Pursue a prescribed secular study or vocational training;
(f) Attend or reside in a facility established for instruction, recreation or residence of
persons on probation;
(g) Refrain from visiting houses of ill-repute;
(h) Abstain from drinking intoxicating beverages to excess;

37
(i) Permit the probation officer or an authorized social worker to visit his home and place
or work;
(j) Reside at premises approved by it and not to change his residence without its prior
written approval; or
(k) Satisfy any other condition related to the rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his freedom of conscience. (Section 10,
vi. Modification of condition of probation - During the period of probation, the court may,
upon application of either the probationer or the probation officer, revise or modify the
conditions or period of probation. The court shall notify either the probationer or the
probation officer of the filing such an application so as to give both parties an opportunity
to be heard thereon.
The court shall inform in writing the probation officer and the probationer of any change
in the period or conditions of probation. (Section 12, Probation Law, as amended by
vii. Effectivity of probation order - A probation order shall take effect upon its issuance, at
which time the court shall inform the offender of the consequences thereof and explain
that upon his failure to comply with any of the conditions prescribed in the said order or
his commission of another offense, he shall serve the penalty imposed for the offense
under which he was placed on probation. (Section 11, Probation Law, as amended by
viii. Control and supervision of probationer - The probationer and his probation program
shall be under the control of the court who placed him on probation subject to actual
supervision and visitation by a probation officer.
Whenever a probationer is permitted to reside in a place under the jurisdiction of another
court, control over him shall be transferred to the Executive Judge of the Court of First
Instance (now Regional Trial Court) of that place, and in such a case, a copy of the
probation order, the investigation report and other pertinent records shall be furnished
said Executive Judge. Thereafter, the Executive Judge to whom jurisdiction over the
probationer is transferred shall have the power with respect to him that was previously
possessed by the court which granted the probation. (Section 13, Probation Law, as
amended by Republic Act No. 10707)
ix. Period of probation
(a) The period of probation of a defendant sentenced to a term of imprisonment of not
more than 1 year shall not exceed 2 years, and in all other cases, said period shall not
exceed 6 years.

38
(b) When the sentence imposes a fine only and the offender is made to serve subsidiary
imprisonment in case of insolvency, the period of probation shall not be less than nor to
be more than twice the total number of days of subsidiary imprisonment as computed at
the rate established, in Article 39 of the Revised Penal Code, as amended. (Section 14,
x. Arrest of probationer and subsequent disposition - At any time during probation, the
court may issue a warrant for the arrest of a probationer for any serious violation of the
conditions of probation. The probationer, once arrested and detained, shall immediately
be brought before the court for a hearing of the violation charged. The defendant may be
admitted to bail pending such hearing. In such case, the provisions regarding release on
bail of persons charged with a crime shall be applicable to probationers arrested under
this provision.
In the hearing, which shall be summary in nature, the probationer shall have the right to
be informed of the violation charged and to adduce evidence in his favor. The court shall
not be bound by the technical rules of evidence but may inform itself of all the facts which
are material and relevant to ascertain the veracity of the charge. The State shall be
represented by a prosecuting officer in any contested hearing. If the violation is
established, the court may revoke or continue his probation and modify the conditions
thereof. If revoked, the court shall order the probationer to serve the sentence originally
imposed. An order revoking the grant of probation or modifying the terms and conditions
thereof shall not be appealable. (Section 15, Probation Law, as amended by Republic Act
No. 10707)
xi. Termination of probation - After the period of probation and upon consideration of the
report and recommendation of the probation officer, the court may order the final
discharge of the probationer upon finding that he has fulfilled the terms and conditions of
his probation and thereupon the case is deemed terminated.
The final discharge of the probationer shall operate to restore to him all civil rights lost or
suspended as a result of his conviction and to totally extinguish his criminal liability as to
the offense for which probation was granted.
The probationer and the probation officer shall each be furnished with a copy of such
order. (Section 16, Probation Law, as amended by Republic Act No. 10707)
c. Juvenile Justice and Welfare Act (Republic Act No. 9344, as amended)
i. Automatic suspension of sentence - Once the child who is under 18 years of age at the
time of the commission of the offense is found guilty of the offense charged, the court shall
determine and ascertain any civil liability which may have resulted from the offense
committed. However, instead of pronouncing the judgment of conviction, the court shall
place the child in conflict with the law under suspended sentence, without need of

39
application: Provided, however, That suspension of sentence shall still be applied even if
the juvenile is already 18 years of age or more at the time of the pronouncement of his/her
guilt.
Upon suspension of sentence and after considering the various circumstances of the child,
the court shall impose the appropriate disposition measures as provided in the Supreme
Court Rule on Juveniles in Conflict with the Law. (Section 38, Juvenile Justice and Welfare
Act, as amended by Republic Act No. 10630)
ii. Discharge of the child in conflict with the law - Upon the recommendation of the social
worker who has custody of the child, the court shall dismiss the case against the child
whose sentence has been suspended and against whom disposition measures have been
issued, and shall order the final discharge of the child if it finds that the objective of the
disposition measures have been fulfilled.
The discharge of the child in conflict with the law shall not affect the civil liability
resulting from the commission of the offense, which shall be enforced in accordance with
law. (Section 39, Juvenile Justice and Welfare Act, as amended by Republic Act No.
10630)
iii. Return of the child in conflict with the law to court - If the court finds that the objective
of the disposition measures imposed upon the child in conflict with the law have not been
fulfilled, or if the child in conflict with the law has willfully failed to comply with the
conditions of his/her disposition or rehabilitation program, the child in conflict with the
law shall be brought before the court for execution of judgment.
If said child in conflict with the law has reached 18 years of age while under suspended
sentence, the court shall determine whether to discharge the child in accordance with this
Act, to order execution of sentence, or to extend the suspended sentence for a certain
specified period or until the child reaches the maximum age of 21 years. (Section 40,
Juvenile Justice and Welfare Act, as amended by Republic Act No. 10630)
iv. Credit in service of sentence - The child in conflict with the law shall be credited in the
services of his/her sentence with the full time spent in actual commitment and detention
under this Act. (Section 41, Juvenile Justice and Welfare Act, as amended by Republic Act
No. 10630)
v. Probation as an alternative to imprisonment - The court may, after it shall have
convicted and sentenced a child in conflict with the law, and upon application at any
time, place the child on probation in lieu of service of his/her sentence taking into account
the best interest of the child. For this purpose, Section 4 of Presidential Decree No. 968,
otherwise known as the "Probation Law of 1976", is hereby amended accordingly.
(Section 42, Juvenile Justice and Welfare Act, as amended by Republic Act No. 10630)

40
d. Republic Act No. 10592 (Amendments to Articles 29, 94, 97, 98 and 99 of the RPC)
i. Preventive imprisonment - 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 after being informed of the effects
thereof and with the assistance of counsel to abide by the same disciplinary rules imposed
upon convicted prisoners, except in the following cases:
(1) When they are recidivists, or have been convicted previously twice or more times of
any crime; and
(2) When upon being summoned for the execution of their sentence they have failed to
surrender voluntarily.
If the detention prisoner does not agree to abide by the same disciplinary rules imposed
upon convicted prisoners, he shall do so in writing with the assistance of a counsel and
shall be credited in the service of his sentence with 4/5 of the time during which he has
undergone preventive imprisonment.
Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted
from 30 years.
Whenever an accused has undergone preventive imprisonment for a period equal to the
possible maximum imprisonment of the offense charged to which he may be sentenced
and his case is not yet terminated, he shall be released immediately without prejudice to
the continuation of the trial thereof or the proceeding on appeal, if the same is under
review. Computation of preventive imprisonment for purposes of immediate release under
this paragraph shall be the actual period of detention with good conduct time allowance:
Provided, however, That if the accused is absent without justifiable cause at any stage of
the trial, the court may motu proprio order the rearrest of the accused: Provided, finally,
That recidivists, habitual delinquents, escapees and persons charged with heinous crimes
are excluded from the coverage of this Act. In case the maximum penalty to which the
accused may be sentenced is destierro, he shall be released after 30 days of preventive
imprisonment. (Article 29, Revised Penal Code, as amended by Republic Act No. 10592)
e. Community Service Act (Republic Act No. 11362; A. M. No. 20-06-14-SC)
i. Community service under Republic Act No. 11362- The court in its discretion may, in
lieu of service in jail, require that the penalties of arresto menor and arresto mayor be
served by the defendant by rendering community service in the place where the crime
was committed, under such terms as the court shall determine, taking into consideration
the gravity of the offense and the circumstances of the case, which shall be under the

41
supervision of a probation officer: Provided, That the court will prepare an order imposing
the community service, specifying the number of hours to be worked and the period
within which to complete the service. The order is then referred to the assigned probation
officer who shall have responsibility of the defendant.
The defendant shall likewise be required to undergo rehabilitative counseling under the
social welfare and development officer of the city or municipality concerned with the
assistance of the Department of Social Welfare and Development (DSWD). In requiring
community service, the court shall consider the welfare of the society and the reasonable
probability that the person sentenced shall not violate the law while rendering the service.
Community service shall consist of any actual physical activity which inculcates civic
consciousness, and is intended towards the improvement of a public work or promotion of
a public service.
If the defendant violates the terms of the community service, the court shall order his/her
re-arrest and the defendant shall serve the full term of the penalty, as the case may be, in
jail, or in the house of the defendant as provided under Article 88. However, if the
defendant has fully complied with the terms of the community service, the court shall
order the release of the defendant unless detained for some other offense.
The privilege of rendering community service in lieu of service in jail shall be availed of
only once. (Article 88a, Revised Penal Code, as amended by Republic Act No. 11362)
ii. Guidelines in the Imposition of Community Service as Penalty in Lieu of Imprisonment
(A. M. No. 20-06-14-SC)
(1) After promulgation of judgment or order where the imposable penalty for the crime or
offense committed by the accused is arresto menor or arresto mayor, it shall be the court's
duty to inform the accused of and announce in open court his/her options within 15
calendar days from date of promulgation, to wit:
(a) File an appeal;
(b) Apply for probation as provided by law; or
(c) Apply that the penalty be served by rendering community service in the place where
the crime was committed.
It shall further be explained to the accused that if he/she chooses to appeal the conviction,
such resort thereto bars any application for community service or probation.
(2) In the event accused opts to apply for community service, the application must be filed
within the period to perfect an appeal. Likewise, said application shall be resolved within
5 calendar days from the filing thereof. For this purpose, the court should set a hearing to
render or promulgate the ruling on the said application within the said period.

42
(3) If the accused was required to post bail, pending resolution of the application for
community service he/she may also move that he/she be allowed on temporary liberty
under the same bond he/she posted or be granted recognizance as provided for under
Section 15, Rule 114 of the Revised Rules on Criminal Procedure.
(4) Upon receipt of the application for community service, the court shall immediately
notify the following officers:
(a) The barangay chairperson or his/her authorized representative of the barangay where
the crime was committed;
(b) A representative from the provincial or city's Probation Office; and,
(c) The local government unit's Social Welfare Development Officer (SWDO).
The court may resort to electronic service of the notices to the above officers.
(5) The notice shall direct the barangay chairperson or his/her authorized representative to
submit a proposed community service program for accused on or before the scheduled
hearing on the application. The SWDO shall also be directed to recommend a
rehabilitative counseling program and schedule for the accused that shall be incorporated
in the barangay's proposal. The following programs of the Parole and Probation Office in
relation to community service may also be considered:
(a) Mentoring and Intergenerational Service;
(b) Economic Development;
(c) Citizenship and Civic participation-experiential activities which involve solving
community problems; and
(d) Involvement in Crime Prevention projects.
(6) In assessing the recommendations of the barangay chairperson or his/her authorized
representative and SWDO, the court shall take into account that the type of program for
community service shall:
(a) Consist of actual physical activity which inculcates civic consciousness;
(b) Intended towards the improvement of a public work; or,
(c) Promotion of public service.
(7) In exercising the discretion to allow service of penalty through community service, the
following factors may be taken into consideration by the court:
(a) The gravity of the offense;
(b) The circumstances of the case;
(c) The welfare of the society; and

43
(d) The reasonable probability that the accused shall not violate the law while rendering
the service.
In no case shall the benefit of the Community Service Law be given to the accused more
than once. Also, the period for the community service to be rendered should not be more
than the maximum sentence imposed by· law, but not less than 1/3 thereof.
If the accused has undergone preventive imprisonment, the period shall be deducted from
the term of community service.
(8) The court shall resolve the application for community service immediately after the
hearing thereon. An order granting or denying the application shall not be appealable.
Failure of the accused to appear at the said hearing, except for justified reasons, shall be a
ground to deny the application and a warrant of arrest shall be issued against the accused.
(9) In the event the court needs time to resolve the application, the court shall set the order
for promulgation within 24 hours from the hearing thereof and require the presence of
accused and his/her counsel, including the representatives from the concerned barangay,
city or municipal Probation Office and SWDO.
(10) The community service order shall provide for the following:
(a) The details of the community service program;
(b) The specific number of hours to be accomplished and period within which to complete
the service;
(c) The referral of accused to the probation office having jurisdiction over the place where
the crime was committed for supervision;
(d) A statement requiring the concerned probation officer to provide a final report on the
accused's compliance with the program within 5 calendar days from expiration of the
period and recommendation for discharge if applicable;
(e) A statement requiring the SWDO to submit a report within 5 calendar days after
completion of rehabilitative counseling; and
(f) The imposition of additional conditions as may be warranted by the circumstances of
the case.
The community service order shall take effect upon its issuance in open court, at which
time, the court shall inform the accused of the consequences thereof and explain that

44
failure to comply with the terms or commission of another offense, he/she shall be re-
arrested to serve the full term of the penalty.
(11) After the period of community service and upon consideration of the report and
recommendation of the probation officer and SWDO, the court may order the final
discharge of accused upon finding that he/she has fulfilled the terms and conditions of his
community service and thereupon, the case is deemed terminated. The accused,
probation officer and SWDO shall each be furnished with a copy of such order.
(12) If the accused is sentenced with a penalty higher than arresto menor or arresto mayor,
and on appeal the penalty was lowered to arresto menor or arresto mayor, which became
final and executory, the accused may, upon written application with the court of origin,
seek community service in lieu of imprisonment, which may be acted upon subject to the
provisions of these guidelines.
With respect hereto, in no case shall community service be allowed if the defendant is a
habitual delinquent.
(13) In the event the court denies the application for community service, and the period to
appeal has not yet lapsed, the accused may still choose to appeal the said judgment or
apply for probation.
(14) An accused who has applied and was granted probation in a previous case is not
disqualified to apply for community service in a subsequent case. (A. M. No. 20-06-14-SC,
Guidelines in the Imposition of Community Service as Penalty in Lieu of Imprisonment)
6. Extinction of criminal liability (as amended by Republic Act No. 10592)
i. Total extinction
(1) Modes - Criminal liability is totally extinguished:
(a) By the death of the convict, as to the personal penalties and as to pecuniary penalties,
liability therefor is extinguished only when the death of the offender occurs before final
judgment;
(b) By service of the sentence;
(c) By amnesty, which completely extinguishes the penalty and all its effects;
(d) By absolute pardon;
(e) By prescription of the crime;
(f) By prescription of the penalty;
(g) By the marriage of the offended woman, as provided in Article 344 of this Code.

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