2.

Such properties have not been placed under the ATRICLE 48

jurisdiction of the court because they must be COMPLEX CRIME
presented in evidence and identified in judgment (US v
Filart, G.R. No 10263, March 13,1915) and Plurality of Crimes
It consists in the successive execution, by the same
3. When it is legally or physically impossible. individual, of different criminal acts, upon any of which
no conviction has yet been declared.

This accessory penalty presupposes a judgment of Kinds:

conviction. However, even if the accused is acquitted on 1. Real or material plurality – different crimes in law, as
well as in the conscience of the offender; the offender
reasonable doubt, but the instruments or proceeds are
shall be punished for each and every offense that he
contraband, the judgment of the acquittal shall order
committed.
their forfeiture for appropriate disposition (People V
Salanguit, G.R. No. 13325455, April 19,2001 2. Formal or ideal plurality – only one criminal liability
(ESTRADA, Book One, supra at 247)

Three groups under the formal type;

CHAPTER FOUR A. When the offender commits any of the complex
APPLICATION OF PENALTIES crimes in Art.48)
(ARTS 46-72) B. When the specifically fixes a single penalty of two or
more offenses committed (Special Complex Crimes); and
C. When the offender commits continuous crimes.
SECTION ONE – RULES FOR APPLICATION OF PENALTIES
TO THE PERSONS CRIMINALLY LIABLE AND FOR THE
GRADUATION OF THE SAME. Complex Crimes Under Article 48
A. Concept
ARTICLE 46 1. In complex crime, although 2 or more crimes are
PENALTY TO BE IMPOSED UPON PRINCIPAS IN actually committed, they constitute only one crime in
GENERAL the eyes of the law as well as in conscience of the
offender.
General rule: The penalty prescribed by law in general 2. The offender has only one criminal intent, hence
terms shall imposed upon the principals for a there is only one penalty imposed for the commission of
consummated felony. a complex crime. (People v. Hernandez, G.R. No. L-6025-
26, July 18,1956)
Exception: When the penalty to be imposed upon the
principal in frustrated or attempted felony is fixed by Note. When in obedience to an order several accused
law. simultaneously shot many persons, without evidence
how many are killed, there is only a single offense, there
being a single criminal impulse. (People v Lawas, G.R.
Graduation of penalties: No. L-7618, June 30, 1995)
1. By degrees – refers to:
A. Stages of execution (Consummated,
frustrated, or attempted); and When a single burst from automatic gun resulted in the
B. Degree of the criminal participation of the numerous killings from a number of bullets fired, there
offender (whether as principal, accomplice or accessory) is no complex crime but there are as many offenses as
2. By periods – refers to the proper period of the the number of victims of the bullets fired in view of the
penalty which should be imposed when aggravation or special characteristics or mechanism of automatic
mitigating circumstances attend the commission of the machine guns and the offender who knew this fact
crime (REYES, Book One, supra at 650) (People v. Pineda, G.R. No. L26222 July 21, 1976)

B. Two kinds of complex crimes:

Article 47 1. compound crime (delito compuesto) - a single act
CASES WHERIN THE DEATH PEANLTY SHALL BE NOT BE constitutes 2 or more grave or less grave felonies.
IMPOSED
Requisites:
No longer of any force or effect because the substantive A. That only single act is performed by the offender; and
provisions thereof being inconsistent with R.A. 93416, B. That the single act produces:
while the procedural measures is superseded by the i. Two or more grave felonies, or
present revise Rules of Court. ii. One or more grave and one or more less
grave felonies
iii. Two or more less grave felonies
Light felonies produced by the sane act should be courts of different jurisdiction, the court of higher
treated and punished as separate offenses or may be jurisdiction shall try the complex crime. (Angeles, etc. V
absorbed by the grave felony. (People v. Turia, G.R. No. Jose, et, al., G.R. No. L6494, November 24, 1954)
26388, February 14,1927)
If different crimes resulting from one single act are
When crime is committed by force of violence, slight punished with the same penalty, the penalty for any one
physical injuries are absorbed such as in direct assault of them shall imposed, the same to be applied in the
and rape. Reason: the slight physical injuries are the maximum period.
necessary consequence of the force or violence
inherent in the crimes of direct assault and rape. When 2 felonies constituting a complex crime are
(People v. Aplado. G.R. No. 31075, August 12,1929) punishable by imprisonment and fine, respectively only
the penalty of imprisonment should be imposed.
Art 48, speaks of two or more grave or less grave
felonies resulting from a single act, which excludes Reason: Fine is not included in the list of penalties in
crimes punishable by special laws (People v. Araneta, the order of severity, and it is the last in the graduated
G.R. No 24622, January, 28, 1926) scales Art. 71 of the RPC (People V. Yongco, C.A- G.R. No
18252-CR, Janury 26, 1977)

2. Complex crime proper (delito complejo) –an offense

is a necessary means for committing the other. When a complex crime is charged and one offense is not
proven, the accuses can be convicted of the other
The first offense must be consummate. (Peopl v. Maribung, G.R. No. L-47500, April 29,1987)

Requisites:
a. That at least two offenses are committed; No complex crime of Estafa Thru Falsification of Private
b. That one or some of the offenses must be necessary Document
to commit the other. There is no complex crime of estafa thru falsification of
Note: The phrase “necessary means” has been private document as both crimes require damage as an
interpreted not to mean indispensable means, because element which if used for one renders the other
it it did, then the offense as “necessary means” to incomplete, hence the query is as to which crime was
commit another would be and Indispensable element of first.
the latter and would be an ingredient thereof
(Dissenting Opinion, People v. Hernandez G.R. No. L- If the falsification of a private document is committed as
0625-26, July 18,1956), and a means to commit estafa, the proper crime to be
c. That both or all of the offenses must be punished charged is falsification; If the estafa can be committed
under the statute. without the necessary of falsifying a document, the
proper crime to be charged is estafa (Batulanon v.
C. No complex crime in the following cases: People, G.R. No. 139857, September 15,2006)
1. In case of continuous crimes
2. When one offense is committed to conceal the other;
3. When the other crime is an indispensable part or an Complex crime of Abduction with Rape
element of the offenses; It at the outset, the accused took a woman away against
4. Where one of the offenses is penalized by special law; her will a with lewd designs on his part, and he
and thereafter raped her, this would clearly be the complex
5. When the provisions for a two-tiers penalty, e.g. crime of abduction with rape. (People v. Osos, G.R. No.
usurpation of property (RPC, Art. 312), malicious 42571, October 10, 1935)
procurement of a search warrant. (RPC, Art 12+), bribery
(RPC Art 210 par 1), maltreatment of prisoners (RPC, Art On the other hand, the rules has been that if he had no
235). lewd designs at the time of the forcible taking of the
victim, was in his custody he raped her, he committed
two separate crimes of kidnapping, a crime against
Noted: Art 48 is intended to favor culprit. personal liberty, and rape, then a crime against chastity.
(People v. Quitan,, G.R. No. L-8227, May 25, 1956)
Reason: The offender is deemed less perverse than
when he commits said crimes thru separate and distinct Subsequent acts of intercourse, after forcible abduction
acts (People v. Hernandez, G.R. No. L-6025-26, July 18, with rape, are separate acts of rape for even while the
1956) first act of rape was being performed, the crime of
forcible abduction was already consummated, so that
The penalty for complex crimes is the penalty for the each of the three succeeding rapes cannot be
most serious crime, the same to be applies in its complexed with forcible abduction (People v Jose, No. L-
maximum period. 282232, Feb 6, 1971)

When two crimes produced by a single act are No complex crime of Rebellion with Murder
respectively within the executive jurisdiction of two
There is no complex crime of rebellion with murder, 5.When the crimes involved cannot be legally
arson, robbery, or the common crimes (People v. complexed, vis.:
Geronimo, et.al., G.R. No. 8936, October 23, 1956) a. Malicious obtention or abusive service of search
warrant (Art. 129) with perjury;
Complex crime of Kidnapping with Murder b. Bribery (Art. 210) with infidelity in the custody of
Where the victim was kidnapped for the purpose of prisoners;
extorting ransom under pain of death, and he was later c. Maltreatment of prisoners (Art. 235) with serious
killed when no such ransom was paid, the complex physical injuries;
crime of kidnapping with murder was committed d. Usurpation of real rights (Art. 312) with serious
(REGALADO, supra at 189) physical injuries; and
e. Abandonment of persons in danger (Arts. 276 to 278)
Article 48 Does not Apply to Acts Penalized with any other felony.
Under Article 365 of the Revised Penal Code.
Article 48 is a procedural device allowing single II Special Complex Crimes – those which are treated as
prosecution of multiple felonies falling under either of single indivisible offenses although comprising more
two categories: (1) when a single act constitutes two ore than one specific crime and with specific penalty.
more grave or less grave felonies (thus excluding from
its operation light felonies; and (2) when an offense is These refer to tow or more crimes that the law teats as
necessary means for committing the other. The a single indivisible and unique offense for being the
legislature crafted this procedural tool to benefit the product of a single criminal impulse (People v. Dela
accused who, in lieu of serving multiple penalties will Cruz, G.R. No. 183091, June 19, 2013)
only serve the maximum of the penalty for the most
serious crime. Examples:
1. Rape with homicide;
In contrast, Article 365 is a substantive rules penalizing The homicide must always be consummated
not an act defined as a felony nut “the mental attitude x otherwise separate offenses. The rape may
x x behind the act, the dangerous recklessness, lack of either be consummated of attempted.
care or foresight x x x,” a single mental attitude
regardless of the resulting consequences. Thus, Article Note: R.A. 8353 provides the when the rape is
365. It is conceptually impossible for a quasi-offense to attempted and a homicide committed by the
stand for (1) a single act constituting two or more grave reason or on the occasion thereof, the penalty
of less grave felonies; or (2) an offense which is a shall be reclusion perpetua to death.
necessary means for committing another.
When by reason or on the occasion of the rape,
This ruling secures for accused facing an Article 365 homicide is committed, the penalty shall be
charge a stronger and simpler protection of their death. The legislative intent on the import of
constitutional right under the Double Jeopardy Clause. the phrase on the occasion of the rape to refer
True, they are there by denied the beneficent effect of to a killing that occurs immediately before or
the favorable sentencing formula under Art. 48, but any after, or during the commission itself of the
disadvantage thus caused is more than compensated by attempted or consummated rape, where the
the certainty of non-prosecution for quasi-crime effects victim of the homicide maybe a person other
qualifying as “light offense”) or as here, for the more than the rape victim herself fir as long as the
serious consequence prosecuted belatedly) it is so killing is linked to the rape, became evident
minded. Congress can re-craft Article 365 by extending (People v. Villaflores, G.R. No. 184926, April
to quasi-crimes the sentencing formula of article 48 so 11,2012)
that only the most severe penalty shall be imposed
under a sing prosecution of all resulting acts, whether 2. Kidnaping with homicide;
penalize as grave, less grave or light offenses. This will 3. Kidnapping with rape;
still keep intact the distinct concept of quasi-offenses Kidnapping with rape is different from
(Ivler v. San Pedro and Ponce G.R. No. 172716, abduction with rape. In the latter, there is lewd
November 17,2010). design (People v. Jose, G.R. No. L-28232, Feb. 6,
1971)
Rules in Art 48 are NOT applicable: 4. Robbery with homicide; and
1.When the crimes subject of the case have common Additional homicide is not aggravating.
elements, 5. Robbery with rape,
2.When the crimes involved are subject to the rule of Additional rape is not aggravating.
absorption of one crime by the other;
3.Where the two offenses resulting from a single act are
specifically punished as a single crime, such as less Note: There is no complex crime of Arson with
serious physical injuries with serious slander of deed, (Multiple) Homicide. Accordingly, in cases where both
since this is punished under Art 265 par. 2 m as the burning and death occur, in order to determine what
single crime less serious physical injuries with ignominy. crime/crimes was/were perpetrated – whether arson,
4,In special complex crimes or composite crimes; and murder or arson and homicide/murder, it is de riguer to
ascertain the main objective of the malefactor.
a. If the main objective burning of the building of
edifice, but death results by reason or on the occasion Requisites:
of arson, the crime is simply arson, and the resulting 1. Multiplicity of acts;
homicide is absorbed; 2. Unity of criminal purpose or intent, and
b. If, on the other hand, the main objective is to kill a 3. Unity of criminal offensive violated.
particular person who may be in a building or edifice,
when fire is resorted to as the means to accomplish Not a complex crime because the offender does not
such goal the crime committed is murder only; and lastly perform a single act, nut a series of acts, and one
c. If the objective is, likewise, to kill a particular person, offense is not a necessary means for committing the
and in fact the offender to as a means to cover up the other.
killing, then there are two separate and distinct crimes
committed – homicide/murder and arson (People of the In determining venue, a continued, continuous or
Philippines v. Edna Malngan, G.R. No. 170470, continuing crime is different from a transitory crime
September 26, 2006). (moving crime) – in the latter case, criminal action may
be instituted and tried in the court of the municipality,
When the crimes involved cannot be legally city or province wherein any of the essential ingredients
complexed, vix: thereof took place (Id at 687).
1. Malicious obtention or abusive service of search
warrant (RPC, Art 129) with perjury Real or Material Continued Crime
2. Brobery (RPC, Art 210) with infidelity in the custody Plurality
of prisoners; There is a series of acts There is a series of acts
3. Maltreatment of prisoners (RPC, Art 235) with serious performed by the performed by the
physical injuries; offender. offender.
4. Usuroation of real rights (RPC, Art 312) with serious Each act performed by The different acts
physical injuries the offender constitutes constitute only once
5. Abandonment of persons in danger (RPC, Art 275) a separate crime each act crime, all of the acts
and crimes against minors (RPC, Arts. 276-278) with is generated by a criminal performed arise from
another felony. impulse. one criminal resolution.

Ordinary Complex Special Complex Crime or Note: A continued/continuing crime is not a complex
Crime Composite Crime crime because the offender in continued/continuing
As to their Concept crime does not perform a single act, but a series of acts,
It is made up two or It is made up of two or and one offense is not a necessary means for
more crimes being more crimes which are committing the order (Id. At 686)
punished in distinct considered only as
provisions of the Revise components of a single Rules:
Penal Code but alleged in indivisible offense being 1. If the penalty for the felony committed be higher that
one information either punished in one the penalty for the offense which the accused intended
because they were provision of Revised to commit, the lower penalty shall be imposed in its
brought about by a single Penal Code. maximum period.
felonies act or because 2. If the penalty for the felony committed be lower than
one offense is a the penalty for the offense which the accused intended
necessary means for to commit, the lower penalty shall be imposed in its
committing the other maximum period.
offense or offenses. Art. 29 applies only when there is a mistake in the
As to Penalty identify of the victim of the crime, and the penalty for
Penalty for the most It is the penalty the committed is different from that for the crime
serious crime shall be specifically provide for intended to be committed. Also, it is applicable only
imposed and in its the special complex when the intended crime and the crime actually
maximum period. crime that shall be committed are punished with different penalties.
applied according to the
rules on imposition of It does not apply to abberatio ictus because in this case,
penalty. there is complex crime committed under Art. 48: the
crime intended to be committed and the crime actually
Note: One information should be filed when a complex committed (People c. Guillen, G.R. No. L1477, January
crime is committed (People v. Estipona G.R. No. 46978, 18, 1950)
November 14, 1940)
If also does not apply to praeter intentionem because in
III. Continuous crime – a single crime consisting of a this case, the crime befalls the sane person. Art 49 has
series of acts, but all arising from one criminal no application to cases where a more serious
resolution; length of time in the commission is consequence not intended by the offender befalls the
immaterial (REYES, Book One, supra at 683) same person (People v. Albuquerque, G.R. No. 38773,
December 19, 1933)
 According to Arts. 50-57, the penalty prescribed by law
for the felony shall be lowered by in or two degrees, as
Article 49 Article 48 follows:
Lesser penalty is Penalty for the more or
imposed, to be applied in most serious crime shall 1.For the principal in frustrated felony – one degree
maximum periods. be imposed, to be lower;
applied in its maximum 2.For the principal in attempted felony – two degrees
period. lower;
3.For the accomplice in consummated felony – one-
Note: For Articles 50-57 and 60, refer to Art 61 herin degree lower
provided. 4.For the accessory in consummated felony – two
degrees lower;

ARTICLE 58 Diagram of the application of Arts. 50-57:

ADDITIONAL PENALTY TO BE IMPOSED UPON CERTAIN Consummate Frustrated Attempted
ACCESSORIES d
Principal 0 1 2
Public officers who help the author of the crime by Accomplice 1 2 3
misusing their office and duties shall suffer the Accessory 2 3 4
additional penalties of:
1. Absolute perpetual disqualification, if the principal In this diagram, “0” represents the penalty prescribed
offender is guilty if a grave felony; or by law in defining a crime, which is to be imposed on
2. Absolute temporary disqualification if the principal the principal in a consummated offense, in accordance
offender is guilty of less grave felony. with the provisions of Art. 46. The other figures
represent the degrees to which the penalty must be
This article applies only to public officers who abused lowered, to meet the different situations anticipated by
their public functions. law.

ARTICLE 59
PENALTY TO BE IMPOSED IN CASE OF FAILURE TO Bases, for the determination of the extent of penalty
COMMIT THE CRIME BECAUSE THE MEANS EMPLOYED to be imposed under the RPC:
OR THE AIMS SOUGHT ARE IMPOSSIBLE 1.Stage reached by the crime in it development (Either
attempted, frustrated or consummated)
Impossible Crime 2.Participation therein of the persons liable; and
The penalty for impossible crime is arresto mayor 3.Aggravating or mitigating circumstances which
(imprisonment of 1 month and 1 day to 6 months) or attended the commission if the crime.
fine ranging from 200-500pesos.
Degree
Basis for the imposition of proper penalty It is one entire penalty, one whole penalty or one unit of
1. Social danger; and the penalties enumerated in the graduated scaled
2. Degree of criminality shown by the offender provided for in Art. 71.

He who attempts to commit a light felony if impossible When there is mitigating or or aggravating
materialization may be punished under this Article as circumstance, the penalty is lowered or increased by
the law speaks of “offense” or “crime”, which include period only.
light felony (REYES, Book One, supra at 698)
Exception: When the penalty is divisible and there are
two or more mitigating and without aggravating
ARTICLE 60 circumstances, in which case the penalty is lowered by
EXCEPTIONS TO RULES ESTABLISHED IN degree.
ARTICLES 50-57
Period.
Arts. 50-57, which refer to the rules regarding It is one of the the equal portions, called minimum
graduating penalties shall not apply if; medium and maximum, of a divisible penalty.
1.The law expressly prescribes the penalty provided for
frustrated if attempted felony; or Exceptions to the rules established in Arts. 50 to 67:
2.The law expressly prescribes the penalty to be Arts 50 to 57 shall not apply to cases where the law
imposed upon accomplices or accessories. expressly prescribes the penalty for a frustrated or
attempted felony, or to be imposed upon accomplices or
ARTICELS 61 accessories (RPC, Art 60).
RULES OF GRADUAATION PENALTIES
General rule: AN accomplice is punished by a penalty
one degree lower than the penalty imposed upon the
principal.
 -Maximum
Penalty for accomplice;
or penalty for principal in
frustrated murder.
Exceptions: Prision Mayor (PMa)
The following accomplices are punished with the same -medium
penalty imposed upon the principal: -minimum
1. The ascendants, guardians, curators, teachers, and (REYES, Book one, supra at 704)
any person who by abuse of authority or confidential
relationship, shall cooperate as accomplices in the Note: Death is included in the above example only yo
crimes of rape, act of lasciviousness, seduction, show the scale of penalties. However, pursuant to RA
corruption or minors, white slave trade or abduction 9346, death penalty can no longer be imposed.
(RPC, Art. 346); and
2. One who furnished the place for the perpetration of When the penalty prescribed for the crime is composed
the crime of slight illegal detention (RPC, Art. 268) of several periods, corresponding to different divisible
penalties, the penalty next lower in degree shall be
When penalty prescribed is single and indivisible – the composed of the period immediately following the
penalty next lower in degree shall be that immediately minimum prescribed and of the two next following,
following the indivisible penalty in the respective which shall be taken from the penalty immediately
graduated scale in Article. following in the above mentioned respective graduated
scale (RPC, Article 61, par4).
If the penalty prescribed by the Code Consists in three
periods, corresponding to different divisible penalties, An example of penalty composed of several periods
the penalty next lower in degree is the penalty corresponding to different divisible penalties is prision
consisting in the three periods down in the scale. mayor (PMa) it its maximum period to reclusion
temporal (RT) in its minimum medium periods.
If the penalty prescribed by the Code in two periods, the
penalty next lower in degree is the penalty consisting in In the range of penalty from PMa maximum to RT in its
two periods down in the scale. minimum and maximum, the minimum period is PMa in
its maximum period, the medium period is RT minimum
If the penalty prescribed by the Code consists in only and the maximum is RT medium.
one period, the penalty next lower in degree us the next
period down in the scale. In lowering the penalty by one degree, count three
periods down and that is equivalent to one degree
Mitigating and aggravating circumstances are lower.
disregarded in the application of the rules graduating
penalties Death
RP
RT -maximum
Example: (Note the difference between Period and
Degree when referred to in Act 61) -medium MAXIMUM
When the penalty prescribed for the crime is composed -minimum MEDIUM
of one or two indivisible penalties and the maximum PMa -maximum MINIMUM
period if another divisible penalty, the penalty next PMa -medium ONE
lower in degree shall be composed of the medium and -minimum DEGREE
minimum periods of the proper indivisible penalty and LOWER
the maximum period of that immediately following in Prision Correccional
the said respective graduated scale (RPC. Art. 61, par 3) (PC) -maximum

Reclusion temporal in its minimum period to reclusion -medium

perpetua is an example of the maximum of divisible -minimum
penalty and indivisible penalty. One degree lower is (Id at 705)
prision mayor in its maximum period to reclusion
temporal in its maximum period to reclusion temporal in SECTION TWO – RULES FOR THE APPLICATION OF
its minimum and medium periods. PENALITIES WITH REGARD TO THE MITIGATING AND
Death One indivisible penalty AGGRAVATING CIRCUMSTANCES, AND HABITUAL
Reclusion Perpetua (RP), and the maximum of RT DELIQUENCY
Reclusion Temporal (RT)
-Maximum Penalty for the principal
in consummated murder. ARTICLES 62
Reclusion Temporal (RT) One degree lower is PMa EFFECTS OF THE ATTENDANCE OF MITITGATING OR
-Medium in its maximum period to AGGRAVATING CIRCUMSTANCES AND OF HABITUAL
-Minimum RT in its minimum and DELIQUENCY
Prision Mayor (PMa) medium periods.
 e. Serious or less serious physical injuries.
2. That after conviction or after serving his sentence, he
again committed, and within 10 years from his last
release if first conviction, he was again convicted of any
Rules regarding aggravating and mitigating of the said crimes for the second time; and
circumtances: 3. That after his conviction of, or after serving sentence
1. Aggravating circumstances which (a) in themselves for the second offense, he again committed and, within
constitute a crime especially punished by law or which 10 years from his last release od last conviction he was
(b) are included by the law in defining crime and again convicted of any said offense, the third time or
prescribing the penalty therfor are not to be taken into oftener.
account to increase the penalty.
Maximum penalty shall be imposed: Illustration:
a.When in the commission of the crime, advantage was Offense Date of Date of Date of
taken by the offender of his public position; Commissio Conviction Release
b.If the offense was committed by any period who n
belongs to an organized/syndicated crime group. Theft Aug 1914 April 1915 Sept 1916
2.The preceding rule applies with respect to aggravating Estafa Nov 1920 April 1923 April 1925
circumstance which are inherent in the crime. Robbery July 1932 April 1934
3.Aggravating or mitigating circumstances which arise
from:
a. The moral attributes of the offender; As regards, estafa committed in Nov 1920, the starting
b. From his private relations from the offended part; or point is the date if the last release or Sept 1916 in the
c. From any other personal cause, serve to aggravate or crime of theft and in such case, there is only is
mitigate the liability of the principals, accomplices and difference of 7 years since the period within which we
accessories as to whom such circumstances are should count the 10 year-rule is from the date of last
attendant. release to the date of conviction (April 1923) (REYES,
4.The circumstances which consist in. Book One, supra at 716).
a. Material execution of the act, or
b. The means employed to accomplish it, shall serve to Subsequent crime must be committed after conviction
aggravate or mitigate the liability only of those persons of former crime (People v. Ventura, G.R. No. 35194,
who had knowledge of them at the time of the August 27, 1931).
execution of the act or their cooperation therein.
5.Additional penalty for habitual delinquency: In determining the court’s jurisdiction, additional
a. Upon 3rd conviction- culprit shall be sentenced to the penalty is NOT considered.
penalty provided by law for the last crime of which he is
found guilty and to the additional penalty of prison Habitual Recidivism
correccional in its medium and maximum periods. Deliquency
b. Upon 4th conviction – the culprit shall be sentenced As to the crimes committed
to the additional penalty of prision mayor in its The crimes are specified It is sufficient that the
minimum and medium periods. accused on the date of
c. Upon 5th or additional conviction – the culprit shall his trial, shall have been
ne sentenced to the additional penalty of prision mayor previously convicted by
in its maximum period to reclusion temporal in its final judgment of another
minimum period. crime embraced in the
Total of two penalties shall not exceed 30 years. same title.
As to the period of time the crimes are committed
Effects:
The offender is found No period of time
1. Aggravating circumstances (generic and specific) have
guilty within ten years between the former
the effect of increasing the penalty, without however
from his last release or conviction and last
exceeding the maximum period provided by law.
last conviction. conviction.
2. Mitigating circumstance have the effect of
As to the number of crimes committed.
diminishing the penalty.
The accused must be The second offense is for
3. Habitual delinquency has the effect, not only of
found guilty the third an offense found in the
increasing the penalty because of recidivism which is
time or oftener of the same title.
generally implied in habitual delinquency, but also of
crimes specified.
imposing an additional penalty.
As to their effects
Requisites of habitual delinquency: (ConCom10) An additional penalty is If not offset by a
1. That the offender had been convicted of any of the also imposed. mitigating circumstance
crimes of (FRETSeL) it serves to increase the
a. Falsification penalty only to the
b. Robbery maximum.
c. Estafa
d. Theft or
A convict can be a habitual delinquent without being a 2. Only mitigating – minimum period
recidivist when no two of these crimes committed are 3. Only aggravating – maximum period
embraced in the same title of the RPC. 4. Where there are aggravating and mitigating – the
court shall offset those of one class against the other
The imposition of additional penalty for habitual according to their relative weight.
delinquency is constitutional because it is neither an ex 5. Two or more mitigating and no aggravating – penalty
post facto law nor does its imposition constitute double next lower in the period applicable according to the
jeopardy since it is not imposed for the same offense number and nature of such circumstances.
but for the moral depravity of the accused (People v. 6. If there are three mitigating circumstances but two
Montera, G.R. No. 34431, August 11, 1931) aggravating circumstances, the rule is not applicable.
The effect is to fix the period at the minimum only.
ARTICLE 63 7. No penalty greater than the maximum period of the
RULES FOR THE APPLICATION OF INDIVISIBLE penalty prescribed by law shall be imposed, no matter
PENALTIES how many aggravating circumstances are present.
8. The court can determine the extent of the penalty
Imposable penalty within the limit of each period, according to the number
It is the penalty that will be imposed after applying the of nature of the aggravating and mitigating
RPC and ISL. circumstances and the greater or lesser extent of the
evil produced by the crime.
Prescribed penalty
It is the penalty prescribed by the RPC after considering Cases in which mitigating and aggravating
the mitigating and aggravating circumstances. circumstances are NOT considered in the imposition of
penalty:
Outline of the rules: 1. When the penalty is single and indivisible (Except if
1. When the penalty is single indivisible, it shall be privileged mitigating)
applied regardless of any mitigating (except if privilege 2. In felonies through negligence (Peopple v. Quijano, 45
mitigating) or aggravating circumstances. O.G. 2214; Art 365)
2. When the penalty is composed of two indivisible 3. When the penalty is only a fine imposed an ordinance
penalties, the following rules shall be observed: (People v. Kuan, G.R. No. 48515, November 11, 1942)
a. When there is only one aggravating circumstances, 4. When the penalties are prescribed by special laws.
the greater penalty shall be imposed. (People v. Pespecia, 58 O.G. 458)
b. When there is neither mitigating nor aggravating
circumstances, the lesser penalty shall be imposed. ARTICLE 65
c. When there is mitigating circumstance and no RULES IN CASES OF PENALTY NOT COMPOSED OF
aggravating circumstance, the lesser penalty shall be THREE PERIODS
imposed.
d. When both mitigating and aggravating The court shall apply the rules in the preceding articles
circumstances are present, the court shall allow them to by:
offset one another. 1.diving into three (3) equal portions the time included
Note: AS mentioned in the Chapter Three, for such in the penalty prescribed; and
offset to apply, the mitigating circumstance must be 2.forming one period of each of the three portions.
generic and specific.
3. When the penalty is composed of two indivisible Illustration:
penalties, the penalty cannot be lowered by one degree, 1. Let us take as an example Prision Mayor which has a
no matter how many ordinary mitigating circumstances duration of 6 years and 1 day to 12 years.
are present. 2. Subtract the minimum (disregarding the 1 day) from
the maximum, thus—
Exception: When a privileged mitigating circumstance 12 years – 6days = 6 years
under Art, 68 or Art 69 is present. 3. Divide the difference by 3, thus
6 years / 3 = 2 years
Note: The imposable penalty for the crimes of rape is 4. Use the minimum of 6 years and 1 day of Prision
reclusion perpetua. The accused being entitled to the Mayor as the minimum of the minimum period. Then
privilege mitigating circumstance if minority, the add 2 years to the minimum (disregarding the 1 day) to
imposable penalty is reclusion temporal in its medium get the maximum of the minimum period. Thus-
period, absent nay other mitigating or aggravating We have 8 years as the maximum of the minimum
circumstance (People v. Galang, G.R. No. 70713, June period. The range of the minimum period is 6 years and
29, 1989). 1 day to 8 years.
5. Use the maximum period as the minimum of the
ARTICLE 64 medium period, and add 1 day to distinguish it from the
RULES FOR THE APPLICATION OF PENALTIES, WHICH maximum of the minimum period; we have 8 years and
CONTAIN THREE PERIODS 1 day. Then add 2 years to the minimum of the medium
period (disregarding the 1 day) to get the maximum of
Online of the rules: the medium period. The range of the medium period is
1. No aggravating and no mitigating – medium period 8 years and 1 day to 10 years
6. Use the maximum of the medium period as the Upon the recommendation if the social worker who has
minimum of the maximum period, and add 1 day to custody og the child, the court shall dismiss the cases
distinguish it from the maximum of the medium period; against the child and shall order rhe final discharge of
we have 10 years and 1 say. Then add 2 years to the the child it it finds that the objective of the disposition
minimum of the maximum period (disregarding the 1 measures have been fulfilled. (R.A. 9344 as amended,
day) to get the maximum of the maximum period. Sec 39).
Hence, the range of the maximum period is 10 years
and 1 day to 12 years (REYES, Book One, Supra at 737) A child who is above twelve (12) years of age up to
fifteen (15) years of age and who commits parricide,
ARTICLE 66 murder, infanticide, kidnapping and serious illegal
IMPOSITION OF FINES detention where victim id killed or raped, robbery, with
homicide or rape, destructive arson, rape, or car
Outline of the provision: napping where the driver or occupant is killed or raped
1. The court can fix any amount od the fine within the or offenses under Republic Act No. 9165
limits established by law. (Comprehensive Dangerous Act of 2002) punished by
2. The court must consider: more than twelve years of imprisonment, shall be
a. The mitigating and aggravating circumstances; and deemed a neglected child under Presidential Decree No.
b. more particularly, the wealth or means of the 603, as amended, and shall be mandatorily placed in a
culprit. special facility, within the youth care facility or “Bahay
3. The court may also consider. Pag-asa” called the Intensive Juvenile Intervention and
a. the gravity of the crime committed. Support Center (IJSC) (sec 20-1, RA 9344 as amended)
b. the heinousness of its perpetration; and
c. the magnitude of its effects on the offender’s victim 2. This article has been repealed or amended in the
(People v. Manuel, CA-G.R. Nos. 14648-61, July 6, 1957) sense that the accused in par. 1 thereof is completely
absolved from criminal liability under 9344, hence there
Note: is no basin for considering any privileged mitigating
When the minimum of the fine is not fixed by the law, circumstance in his favor.
the determination of the amount of the fine lest to the
sound discretion of the court, provided it shall not 3. That circumstance may, however, be involved in its
exceed the maximum authorized by law. (People v. par 2 where the accused is over 15 and below 18 years
Quinto. G.R. No. 40934, August 16, 1934) of age but he acted with discernment, and he is
returned to the other correlative proceedings and in
Wealth or means of culprit is the main consideration in effect, the accused has been found to be incorrigible.
the imposition of fines. (Peopl v. Kuan, supra)
If the court finds that the objective of the disposition
ARTICLE 67 measures imposed upon the child in conflict with the
WHEN NOT ALL REQUISITES IF ACCIDENT ARE PRESENT law have not been fulfilled, or if the child in conflict with
the law has willfully failed to comply with the conditions
If not all the conditions necessary to exempt from of his/her disposition or rehabilitation program, the
liability under Art 12(4) are present, the act should be child in conflict with the law shall be brought before the
considered as: court for promulgation (nit execution) of judgment (R.A.
1. Reckless imprudence, if the act executed without 9344 as amended, Sec 40).
taking those precautions or measures which the most
common prudence would require; and If said child in conflict with the law has reached
2. Simple imprudence, if it is a mere lack of pre caution eighteen (18) years of age while under suspended
in those cases where either the threatened harm not sentence, the court shall determine whether to
imminent or the danger is not openly visible (REYES, discharge the child, to order execution of sentence or to
Book one, supra at 742) extend the suspended sentence for a certain specified
period or until the child reaches the maximum age of
ARTICLE 68 twenty-one (21) years. (R.=A. 9344 as amended, Sec 40)
PENALTY TO BE IMPOSED UPON A PERSON UNDER 18
YEARS OF AGE ARTICLE 69
PENALTY TO BE IMPOSED WHEN THE CRIME
Application of Art. 68 COMMITTED IS NOT WHOLLY EXCUSABLE
1. This article is not immediately applicable to a minor
under 18 years of age, because when such minor is Penalty: Lower by one or more degrees than that
found guilty of the offense charged, the court shall prescribed by law.
determine the penalty in the judgment of conviction but
shall suspend the promulgation (not the execution) and Application: When there is lack of some of the
orders commitment to a reformatory institution, if the conditions required to justify the deed or to exempt
court therefor approves his application. (R.A. 9344 as from criminal liability in the several cases mentioned in
amended, Sec 38) Arts 11 and 12; PROVIDED THAT, the majority of such
conditions be present.
Unlawful aggression is indispensable in self defense, No limitation whatever, and accordingly, all the
defense or relatives and defense of stranger, without penalties for all the violation were imposed even if they
which, the offender is not entitled to reduction. (US v. reached beyond the natural span of human life.
Navarro, G.R. No. 1878, March 9, 1907) 2. Juridical accumulation system
Limited to not more than three-fold, the length of
ARTICLE 70 time corresponding to the most sever and in no case to
SUCCESSIVE SERVICE OF SENTENCE exceed 40 years. This is followed in our jurisdiction.
3. Absorption system
When the culprit has to serve two or more penalties he The lesser penalties are absorbed by the graver
shall serve them simultaneously if the nature of the penalties (REYES, Book One, supra at 754-755)
penalties will so permit.
ARTICLE 71
Otherwise, the order of their severity (under this article) GRADUATED SCALES
shall be followed – so that they may be executed
successively. Apply this article in determining the proper degree
where the law prescribes a penalty lower or higher by
Penalties which may be simultaneously served are: two or more degrees than another given penalty.
1. Perpetual absolute disqualification;
2. Perpetual special disqualification; Scale No. 1 Scale No. 2
3. Temporary absolute disqualification; 1.Death 1.Perpetual absolute
4. Temporary special disqualification; 2.Reclusion perpetua disqualification
5. Suspension 3.Reclusion temporal 2.Temporary absolute
6. Destierro 4.Prision mayor disqualification
7. Public censure; 5.Prision correccional 3.Suspension from public
8. Fine and bond to keep the peace; 6.Arresto mayor office, the right to vote
9. Civil interdiction; and 7.Destierro and be voted for, and the
10. Confiscation and payment of costs. 8.Arrestomenor right to follow a
9.Public censure profession or calling
Of the sum total of all the penalties does not exceed the 10.Fine 4.Public censure
most severe of all the penalties multiplied by three, the 5.Fine
three-fold rule does not apply.
ARTICLE 72
The Three-Fold Rule: (3:3:40) PREFERENCE IN THE PAYMENT OF CIVIL LIABILITIES
1.The Maximum duration of the convict’s sentence shall
not be more than three times the length of time Civil liability is satisfied by following the chronological
corresponding to the most severe of the penalties order of the dates of the final judgment.
imposed upon him.
2.But in no case to exceed 40 years. SECTION THREE – PROVISIONS COMMON IN THE LAST
3.This rule shall apply only when the convict has severe TWO PRECEDING SECTIONS
continuous imprisonment for several offenses. If the (ARTS. 73-77)
convict already served sentence for one offense, that
imprisonment will not be considered. (REYES, Book One, Art. 73 – Accessory penalties are also deemed imposed
supra at 750-751) upon the convict.
4.Subsiadiary penalty forms part of the penalty (Bagtas
v. Director or prisons, G.R. No. L-3215, October 6,1949) The accessory penalties provided for in Arts. 04 to 45
are deemed imposed by the courts without the
Example: A person is sentenced to suffer – 14 years, 8 necessity of making an express pronouncement of their
months and 1 day for homicide; 17 years, 4 months and imposition (REYES, Book One, supra at 761)
1 day in another case; 14 years and 8 months in the
third case; and in a case of frustrated homicide, he is Art 74 – The penalty higher than reclusion perpetua
sentenced to 12 years, or a total of 59 years, 8 months when death is not provided by law, shall be the same
and 2 days. penalty and the accessory penalties of Article 40.

The most severe of those penalties is 17 years, 4 months Reason: penalty of death must be specifically imposed
and 1 day. Three times that penalty is 52 years and 3 by law as a penalty for a given crime.
days. But since the law has limited the duration of the
maximum term of imprisonment to not more than 40 Art 75 – When necessary, fine shall be increased or
years the accused will have to suffer 40 years only. (Id at reduced for each degree, by ¼ of the maximum amount
749) prescribed by law, without however, changing the
minimum.
Different systems of penalty, relative to the execution
of two or more penalties imposed on one and the Fines are graduated into degrees for the accomplices
same accused: and accessories and for the principals in frustrated and
1. Material accumulation system: attempted felonies. (Id. At 763).
Distinctions between fine with a minimum and fine aggravating and and
without a minimum. mitigating circumstances.
1. In both, the law fixes the maximum of the fine. Minimum Term
2. When the law fixes the minimum of the fine, the Within the range of the Must not be less than the
court cannot change the minimum; whereas, when the penalty one degree lower minimum term
law does not state the minimum of the fine but only the than that prescribed by prescribed by the same.
maximum, the court can impose any amount not the RPC, without
exceeding such maximum. considering the Note: For special laws, it
3.When the law fixes both the minimum and the circumstances is anything within the
maximum, the court can impose an amount higher than inclusive range of the
maximum; whereas, when only the maximum is fixed, it Note: BUT when there is prescribed penalty.
cannot impose an amount higher that the maximum. (Id a privileged mitigating Courts are given
at 764-765) circumstance so that the discretion in the
penalty has to be indeterminate penalty.
Art 76 – The legal period of duration of penalties shall lowered by one degree The aggravating and
be considered as divided into three parts, forming three the STARTING POINT for mitigating circumstances
periods, the minimum, the medium, and the maximum. determining the are not considered unless
minimum term of the the special law adopts
ARTICLE 77 determining the the same terminology for
WHEN THE PENALTY IS A COMPLEX ONE COMPOSED minimum term of the in penalties as those used
OF THREE DISTINCT PENALTIES determinate penalty is in the RPC (such as
the penalty next lower reclusion perpetua and
Complex Penalty than that prescribed by the like)
It is a penalty prescribed by law composed of three the Code for the offense.
distinct penalties, each forming a period: the lightest of
them shall be the minimum, the next the medium, and In imposing a prison sentence for an offense punished
the most severe the maximum period. by the Revised Penal Code or special penal laws, the
court shall sentence the accused to an indeterminate
An example of this is the present penalty for treason by sentence, which has a maximum and a minimum term
a resident alien, which is a reclusion temporal to death based on the penalty ACTUALLY IMPOSED.
(Article 114)
ISL application is mandatory, where imprisonment
With the abolition of the death penalty, such concept of would exceed on year (Romero v. People, G.R No.
a complex penalty finds no application now on the 171644, November 23, 2011)
computation of penalties, but it is submitted that the
impasse may be resolved through the process of BUT only when ISL would be favorable to the accused; it
computation stated in the second paragraph it would result in lengthening his prison sentence, ISL
(REGALADO, Criminal Law Conspectus, 4th Edition, 2009, should NOT be applied.
p 247)
Note: The modifying circumstances are considered only
INDETERMINATE SENTENCE LAW (ISL) in the imposition of the maximum term of the
Act No. 4103 as amended indeterminate sentence (They are not considered in
By Act No. 4225 fixing the minimum) (People v. Dela Joya, G.R. No. L-
6587, January 27, 1956)
Concept of Indeterminate Sentence
It is a sentence with a minimum term and a maximum B. When benefit of the ISL is NOT applicable:
term which, the court is mandated to impose for the The indeterminate sentence law shall not apply to the
benefit of guilty person who is not disqualified following persons: 1D2P2THEM
therefore, when the maximum imprisonment exceeds 1.Maximum term of imprisonment actually imposed
on (1) year. It applies to both violations of Revised Penal does not exceed 1 year.
Code and special laws. 2.Sentenced to the penalty of destierro or suspension
only;
Purpose of ISL: To uplift and redeem valuable human 3.Sentenced to death penalty, reclusion perpetua, or life
material and prevent unnecessary and excessive imprisonment;
deprivation of personal liberty and economic usefulness 4.Convicted of piracy;
(People v. Ducosin, G.R. No L-38332, December 14, 5.Granted with conditional pardon by the president, but
1933; People v. Onate, G.R. No. 27481, July 28, 1977) violated the terms thereof
6.Convicted of treason or conspiracy or proposal to
A.Sentence in the ISL if the PENALTY is Imposed by: commit treason
RPC Special Law 7.Habitual delinquent
Maximum Term 8.Escaped from confinement as a prisoner, or evaded
That which could be Must not exceed the sentence; and
properly imposed under maximum term fixed by
the RPC, considering the said law.
9.Convicted misprision of treason, espionage rebellion, ii. Minimum Term – anywhere within the range
or sedition (MERS) (REYES, Book One, supra at 790) of prison mayor, the penalty next lower from reclusion
temporal
But a recidivist for the first time may be given the b.There is one ordinary mitigating circumstance
benefits of the ISL. i. Maximum term – reclusion temporal, in its
minimum period, after considering the mitigating
C. Release of the Prisoner on Parole circumstance.
The Board of Pardons and Parole may authorize the ii. Minimum term – anywhere within the range
release of a prisoner on parole, after he shall have of prison mayor without reference to any of its period
served the minimum penalty imposed on him, c. There is one aggravating circumstance
PROVIDED that: i. Maximum Term – reclusion temporal, in its
1.Sush prisoner is fitted by his training for release. maximum period, after considering the aggravating
2.There is reasonable probability that he will love and circumstance.
remain at liberty without violating the law. ii. Minimum Term – anywhere within the range
3.Such release will not be incompatible with the welfare of prison mayor without reference to any of its period.
of society (ISL Sec 5)
2. Under Special Law:
D. Entitlement to Pinal Release and Discharge A is convicted of illegal possession of firearms
If during the period of surveillance such paroled punishable by 1 year and 1 day to 5 years of
prisoner shall imprisonment.
1.Show himself to be a law-abiding citizen and, a. Maximum Term – shall not exceed 5 years as fixed
2.Shall not violate any law, the Board may issue a final by law.
certification in this favor, for his final release and b. Minimum Term – shall not be less than the
discharge (ISL, Sec 6) minimum of 1 year and 1 day prescribed by said.

E. Sanction for Violation of Conditions of the Parole PROBATION LAW OF 1976

When the paroled prisoner shall violate any of the (PD 968, as amended)
conditions of his parole:
1.The Board may issue an order for his arrest, and A. Concept
thereafter, Probation
2.The prisoner shall serve the remaining unexpired It is a disposition under which a defendant after
portion of the maximum sentence for which he was conviction and sentence is released subject to
originally committed to prison. (ISL, Sec 8) conditions imposed nu the court and to the supervision
of a probation officer. (P.D. 968, Sec 3)
F.Reasons for fixing the Maximum and Minimum Terms
in the Indeterminate Sentence Probation is not an absolute right. It is a mere privilege
The minimum and maximum terms in the ISL must be whose grant rests upon the discretion of the trial court.
fixed, because the are the basin for the following: Its grant is subject is subject to certain terms and
1. Whenever a prisoner has: (a)served the MINIMUM conditions that may be imposed by the trial court.
penalty imposed on him, and (b) is fit for release of the Having the power to grant the probation, it follows that
prisoner on parole, upon terms and conditions the trial court also has the power to order its revocation
prescribed by the Board (REYES, Book One, supra at 794 in a proper case and under proper circumstances
2. But when the paroled prisoner violates any of the (Soriano v. CA, G.R. No 123936, March 4, 1999)
conditions of his parole during the period of
surveillance, he may be rearrested to serve the B.Three-Fold Purpose
remaining unexpired portion of the MAXIMUM 1. To promote the correction and rehabilitation of an
sentence (ISL, Secs. 5 and 6) offender by providing him with individualized
3. Even if a prisoner has already served the MINIMUM, treatment.
but her is not fitted for release on the paroles, he shall 2. To provide an opportunity for the reformation of a
continue to serve until the end of the MAXIMUM term. penitent offender which might be less probable if he
(REYES, Book One, supra at 1974) were to serve a prison sentence; and
3. To prevent the commission of offense (P.D. 968, Sec
In fixing the minimum penalty, it is necessary for he 2)
court to consider the criminal, first, as an individual and
second as a member if society. C.Application
This shall apply to all offenders except those entitled to
G, Illustrations of Application of indeterminate benefits under P.D. 603 and similar laws (P.D. 968, Sec 1)
Sentence Law
1.Under the Revised Penal Code: May be granted even if the sentence is fine only but
A penalty of reclusion temporal was imposed upon A with subsidiary imprisonment is case od insolvency
for committing homicide. (REYES, Book One, supra at 805)
a.There is no mitigating or aggravating circumstance
i. Maximum Term – reclusion temporal which
should be imposed in the medium period (Art 64, par 1) D. Where and When to File the Application:
An application for probation shall be files by the 3. Probation will depreciate the seriousness of the
defendant with the trial court within the period for offense committed (P.D. 968, Sec 8)
perfecting an appeal (P.D. 968, Sec 4)
I. Disqualified Offenders
Note: No application for probation shall be entertained The benefits of the Decree shall not be extended to
or granted if the defendant has perfected an appeal those:
from the judgment of conviction. 1.Sentence to serve a maximum term of imprisonment
of more the 6 years.
E. Effects of Filing and Grant/Denial of Application 2.Convicted of subdivision or any crime against the
Application national security or public order;
a. Filing of application for probation operates as a 3.Previously convicted by final judgment of an offense
waiver of the right to appeal (REYES, Book Ones, punished by imprisonment of not less than 1 month and
supra at 806) 1 day and/or a fine not less than P200.
b. The order granting or denying probation shall 4.Once placed on probation (P.D. 968, Sec 5)
not be appealable (P.D. 968, Sec 4) 5.Who appealed;
6.Convicted of drug trafficking or drug pushing (R.A.
Note: It is not s final judgment but an “interlocutory 9165, Sec 24); and
judgment” in the nature of a conditional order 7.Convicted of election offenses under the Omnibus
placing the convicted defendant under the Election Code (Omnibus Election Code, Sec 261)
supervision of the court for his reformation, to be
followed by a final judgment of discharge, of the Note: No. 5 does not apply to minor offenders. A child
conditions of the probation are complied with, or by in conflict with law can apply probation ANYTIME (R.A.
a final judgment of sentence if the conditions are 9344, Sec 42)
violated (Baclayon v. Mutia, G.R. No. L-59298, April
30, 1984) J. Conditions of Probation
Two kinds of conditions imposed;
c. Accessory penalties are deemed suspended 1.Mandatory or general – once violated, the probation
once probation is granted. is cancelled. They are:
d. Civil liability is not affected by the suspension of a.Probationer: Presents himself to the probation
the sentence imposed in the accused who is officer designated to undertake his supervision, at such
granted probation; court must hear the civil place as may be specified in the order, within 72 hours
aspect (Castillo v. Donato, G.R. No. L-70230, from receipt of order.
June 24, 1985) b.He reports to the probation officer at least once a
month. (P.D. 868, Sec 10)
The court may after it shall have convicted and
sentenced a child in conflict with the law, and upon 2.Discretionary or special – additional conditions listed,
application at any time, place the child on probation in which the courts may additionally imposed on the
lieu of his/her sentence, taking into account the best probationer towards his correction and rehabilitation
interest of the childe. For his purpose, Section 4 of outside prison. (P.D. 968, Sec 10)
presidential Decree No. 968, otherwise known as the
“Probation Law of 1976” hereby amended accordingly However, the enumeration is not inclusive. Probation
(R.A. 9344, Sec42). statutes are liberal in character and enable the courts to
designate practically ANY term it chooses, as long as the
F. Post-sentence Investigation probationer’s Constitutional rights are not jeopardized.
The convict is not immediately placed on probation. Also, they must not be unduly restrictive of probationer,
There shall be a prior investigation by the probation and not incompatible with the freedom of conscience of
officer and a determination by the court. He may, probationer (Baclayon v. Mutia, G.R. No. L-59298, April
however, be released under his bail filed in the criminal 30, 1984)
case or on recognizance (P.D. 968, Secs. 6 and 7)
K.Period of Probation
G. Criteria for Placing an Offender on Probation For how long may a convict be placed on probation?
The court shall consider: 1. If the convict is sentenced to a term of
1. All information relative to the character, imprisonment of not more that one year, the
antecedents, environment, mental and physical, period of probation shall not exceed 2 years.
condition of the offender. 2. In all other cases, if he is sentenced to more
2. Available institutional and community resources than one year, said period shall not exceed 6
(P.D. 968, Sec 8) years.
3. When the sentence imposes a fine only and the
H. Probation shall be denied if the court finds that: offender is made to serve subsidiary
1. The offender is in need of correctional treatment that imprisonment. The period if probation shall be
can be provided effectively by his commitment to an twice the total number of days of subsidiary
institution. imprisonment.
2. There is undue risk of committing another crime.
 L.Arrest if persons on probation and Subsequent EXECUTION AND SERVICE OF PENALTIES
Disposition ARTS 78-88
1. At any time during probation, the court may issue a
warrant for arrest of a probationer for any serious ARTICLE 78
violation of the conditions of probation, or upon WHEN AND HOW PENALTY IS TO BE EXECUTED
commission of another offense.
2. If violation is established, the court may (a) revoke his Only penalty by final judgment can be executed. A
probation, or (b) continue his probation and modify the penalty shall be executed in the form prescribed by law
conditions thereof. This order is not appealable. and with any circumstance or incidents expressly
3.If revoked, the probationer shall serve the sentence authorized thereby.
originally imposed (P.D. 968, Sec 15)
In addition to the provisions of the law, the special
M. Termination of Probation regulations prescribed for the government of the
The court may order the final discharge of the institutions in which the penalties are to be suffered
probation upon finding that, he has fulfilled the terms shall be observed with regard to the character of the
and conditions of his probation (P.D. 968, Sec 16) work to be performed, the time of its performance, and
the other incidents connected therewith, the relations
N. Effects of Termination of Probation of the convicts among themselves and other persons,
1. Case is deemed terminated. the relief which they may receive and their diet.
2. Restoration of all civil rights lost or suspended.
3. Fully discharges liability for any fine imposed. ARTICLE 79
SUSPENSION OF THE EXECUTION AND SERVICE OF THE
Note that the probation is not coterminous with its PENALTIES IN CASE OF INSANITY
period. There must be an order issued by the court
discharging the probationer (Bala v. Martinez, G.R. No. Rules regarding execution and service of the penalties
67301, January 29, 1990) in case of insanity:
1. When a convict becomes insane or imbecile
Pardon Probation after final sentence has been pronounced, the
execution of such sentence is suspended only as
Included any crime and is Exercised individually by the
regards the personal penalty;
exercised individually by trial court.
2. If he recovers his reason, his sentence shall be
the President.
executed unless the penalty has prescribed;
Exercised when the person Must be exercised within the 3. Even if while serving his sentence, the convict
is already convicted. period for perfecting an
becomes insane or imbecile, the above
appeal provisions shall be observed; and
Merely looks forward and It promotes the correction 4. But the payment of his civil or pecuniary
relieves the offender from and rehabilitation of an liabilities shall not be suspended.
the consequences of an offender by providing him
offense of which he has with individualized Note: Art 80 has been repealed by P.D. 603 which was
been convicted; it does not treatment; provides an amended by R.A. 9344. The latter was amended by R.A.
work for the restoration of opportunity for the 10630.
the rights to hold public reformation of a penitent
office, or the right of offender who might be less THE CHILD AND YOUTH WELFARE CODE
suffrage, unless such rights probable if he were to serve (P.D. 603, As amended)
are expressly restored by a prison sentence; and
means of pardon prevent the commission of Who is a Youthful Offender?
offenses. Sec 6, R.A. 9344 as amended (Juvenile Justice & Welfare
Does not alter the fact that Does not alter the fact that Act of 2006) repealed. P.D. 603 (The Child and Youth
the accused is a recidivist the accused is a recidivist as Welfare Code) on the matter so that a child 15 years of
as it produces only the it provides only for an age or below at the time of the time of the commission
extinction of the personal opportunity of reformation of the offense is exempt from criminal liability. If the
effects of the penalty. to the penitent offender. child is over 15 but less than 18 years of age, he is
Does not extinguish the Does not extinguish the civil likewise exempt from criminal liability UNLESS he acted
civil liability of the liability of the offender. with discernment.
offender.
Being a private act by the Being a grant by the trial What is the Purpose of the Code?
President, it must be court; if follows that the trial The purpose is to avoid a situation where juvenile
pleaded and proved by the court also has the power to offenders would commingle with ordinary criminals in
person pardoned. order, its revocation in a prison.
proper case and under
proper circumstances. Guidelines:
If the court finds that the youthful offender committed
the crime charged against him, it shall determine the
CHAPTER FIVE
imposable penalty and the civil liability chargeable
against him.

The court my not pronounce judgment of conviction but

instead suspend all further proceedings (P.D. 603, Sec
38)

The PD 603 and Supreme Court (SC) Rule provided that

the benefit of suspended sentence would not apply to a
child in conflict with law if, among others, he/she has
been convicted of an offense punishable by death,
reclusion perpetua or life imprisonment. In construing
Sec 38 of R.A. No. 9344, the Court is guided by the basic
principle of statutory construction that when the law
does not distinguish, we should not distinguish. Since
R.A. No. 9344 does not distinguish between a minor
who has been convicted of a capital offense and another
who has been convicted of a lesser offense, the Court
should also not distinguish and should apply the
automatic suspension od sentence to a child in conflict
with the law who has been found guilty of a heinous
crime (People v. Jacinto, G.R. No. 182239, March 16,
2011)