Saint Mary’s University_Criminology Review Center 1

Subject: Criminal Law (Book 1)

REVIEW NOTES IN c. or existing causes of action

d. Offender is a habitual criminal
CRIMINAL LAW (BOOK 1)
Theories of Criminal Law:
CRIMINAL LAW – A branch of municipal law which
defines crimes, treats of their nature and provides for 1. Classical Theory – basis is man’s free will to
their punishment. choose between good and evil, that is why more
stress is placed upon the result of the felonious
Act # 3815 – Created the Penal Code of the act than upon the criminal himself. The purpose
Philippines (now the RPC). It was approved on of penalty is retribution. The RPC is generally
December 8, 1930 and took effect on January 1, governed by this theory.
1932. 2. Positivist Theory – basis is the sum of social
and economic phenomena which conditions man
Characteristics of Criminal Law: to do wrong in spite of or contrary to his volition.
This is exemplified in the provisions on
1. General – binding on all persons who reside or impossible crimes and habitual delinquency.
sojourn in the Philippines. 3. Mixed Theory – combination of the classical and
Exceptions: positivist theories wherein crimes that are
a. Treaty Stipulation economic and social in nature should be dealt in
b. Laws of Preferential Application a positive manner. The law is thus more
c. Principles of Public International Law compassionate.
Ex:
 sovereigns and other chiefs of PROVISIONS
 state BOOK 1
 Ambassadors, ministers GENERAL PROVISIONS
 plenipotentiary, minister resident
 and charges d’affaires ART. 2: APPLICATION OF ITS PROVISIONS
 (BUT consuls, vice-consuls and other
 foreign commercial representatives RULES:
 CANNOT claim the privileges and 1. Philippine vessel or airship – Philippine law
 immunities accorded to ambassadors and shall apply to offenses committed in vessels
 ministers.) registered with the Philippine Bureau of Customs.
It is the registration, not the citizenship of the
2. Territorial – penal laws of the Philippines are owner which matters.
enforceable only within its territory 2. Foreign vessel
Exceptions: (Art. 2 of RPC – binding even on French Rule
crimes committed outside the Philippines) General Rule: Crimes committed aboard a
 offense committed while on a Philippine ship foreign vessel within the territorial waters of a
or airship country are NOT triable in the courts of such
 forging or counterfeiting any coin or currency country.
note of the Philippines or obligations and the Exception: commission affects the peace and
securities issued by the Government security of the territory, or the safety of the
 introduction into the country of the above- state is endangered.
mentioned obligations and securities while
being public officers and employees, an English Rule:
offense committed in the exercise of their General Rule: Crimes committed aboard a
functions foreign vessel within the territorial waters of a
 crimes against national security and the law country are triable in the courts of such
of the nations defined in Title One of Book country.
Two Exception: When the crime merely affects
things within the vessel or it refers to the
3. Prospective – the law does not have any internal management thereof.
retroactive effect.
Exception: when the law is favorable to the
accused
Exceptions to the Exception:
a. The new law is expressly made
b. inapplicable to pending actions
 Saint Mary’s University_Criminology Review Center 2
Subject: Criminal Law (Book 1)

Title One: 2. Culpable Felonies- by means of fault (culpa)

FELONIES AND CIRCUMSTANCES Requisites:
WHICH AFFECT CRIMINAL LIABILITY a. freedom
b. intelligence
Chapter One: FELONIES c. negligence (lack of foresight) and
d. imprudence (lack of skill)
Felonies – acts and omissions punishable by the
Revised Penal Code. MALA IN SE AND MALA PROHIBITA – Violations
Offense – acts and omissions punishable by special of the Revised Penal Code are referred to as
laws. malum in se, which literally means, that the act is
Crime – acts and omissions punishable by any law. inherently evil or bad or per se wrongful. On the
Act – an overt or external act other hand, violations of special laws are generally
Omission – failure to perform a duty required by law referred to as malum prohibitum.

ELEMENTS (Felony): INTENT – is the purpose to use a particular means

1. there must be an act or omission to effect
2. this must be punishable by the RPC a result. An element of crime except in crimes
3. act or omission was done by means of dolo or committed with culpa. It is essential in intentional
culpa felonies.

BASIC MAXIMS IN CRIMINAL LAW: MOTIVE – the moving power which impels one to
act. It is NOT an element of crime. It is essential
Nullum Crimen, Nulla Poena Sine Lege – There is only when the identity of the felon is in doubt.
no crime when there is no law punishing it.
ART. 4: CRIMINAL LIABILITY
Doctrine of Pro Reo – Whenever a penal law is to Requisites:
be construed or applied and the law admits of two 1. Felony has been committed intentionally
interpretations – one lenient to the offender and one 2. Injury or damage done to the other party is the
strict to the offender – that interpretation which is direct, natural and logical consequence of the
lenient or favorable to the offender will be adopted. felony.

Actus Non Facit Reum, Nisi Mens Sit Rea – The Hence, since he is still motivated by criminal intent,
act cannot be criminal where the mind is not criminal. the offender is criminally liable in:
This is true to a felony characterized Error in personae – mistake in identity
by dolo, but not a felony resulting from culpa. This Abberatio ictus – mistake in blow
maxim is not an absolute one because it is not Praeter intentionem – lack of intent to commit
applied to culpable felonies, or those that result from so grave a wrong
negligence.
PROXIMATE CAUSE – the cause, which in the
Dura Lex Sed Lex – The law may be harsh but it is natural and continuous sequence unbroken by any
the law. efficient intervening cause, produces the injury,
without which the result would not have occurred.
Classification Of Felonies According To The
Means By Which They Are Committed: IMPOSSIBLE CRIME
Requisites:
1. Intentional Felonies- by means of deceit (dolo) 1. Act would have been an offense against
Requisites: persons or property;
a. freedom 2. There was criminal intent;
b. intelligence 3. Accomplishment is inherently impossible; or
c. intent. inadequate or ineffectual means are
employed;
MISTAKE OF FACT – misapprehension of fact on 4. Act is not an actual violation of another
the part of the person who caused injury to another. provision of the Code or of special law.
He is not criminally liable.
 Saint Mary’s University_Criminology Review Center 3
Subject: Criminal Law (Book 1)

Impossible crime occurs when there is: ART. 7: WHEN LIGHT FELONIES ARE
1. inherent impossibility to commit the crime PUNISHABLE
2. inadequate means to consummate the crime
3. ineffectual means to consummate the crime GENERAL RULE: Punishable only when they have
been consummated
ART. 6: CONSUMMATED, FRUSTRATED, Exception: Even if not consummated, if committed
AND ATTEMPTED FELONIES against persons or property.
Ex: slight physical injuries, theft, alteration of
STAGES OF EXECUTION: boundary marks, malicious mischief, and
1. CONSUMMATED – when all the elements intriguing against honor.
necessary for its execution and accomplishment (Note: Only principals and accomplices are
are present. liable; accessories are NOT liable even if
committed against persons or property.
2. FRUSTRATED
Elements: ART. 8: CONSPIRACY AND PROPOSAL TO
a. offender performs all acts of execution COMMIT FELONY
b. all these acts would produce the felony as a
consequence CONSPIRACY
c. BUT the felony is NOT produced Requisites:
d. by reason of causes independent of the will 1. Two or more persons come to an agreement
of the perpetrator 2. For the commission of a felony
3. And they decide to commit it
3. ATTEMPTED
Elements: PROPOSAL TO COMMIT A FELONY
a. offender commences the felony directly by Requisites:
overt acts 1. A person has decided to commit a felony
b. does not perform all acts which would 2. And proposes its execution to some other person
produce the felony or persons
c. his acts are not stopped by his own
spontaneous desistance
ART. 9: GRAVE FELONIES, LESS GRAVE
Crimes, which do not admit of Frustrated and FELONIES AND LIGHT FELONIES
Attempted Stages:
1. Offenses punishable by Special Penal Laws, Penalties (imprisonment):
unless the law provides otherwise 1. Grave felonies – afflictive penalties: 6 yrs. and 1
2. Formal crimes – consummated in one day to reclusion perpetua (life)
instance (Ex: slander, adultery, etc.) 2. Less grave felonies – correctional penalties: 1
3. Impossible Crimes month and 1 day to 6 years
4. Crimes consummated by mere attempt (Ex: 3. Light felonies - arresto menor (1 day to 30 days)
attempt to flee to an enemy country, treason,
corruption of minors) Chapter Two
5. Felonies by omission JUSTIFYING CIRCUMSTANCES
6. Crimes committed by mere agreement (Ex: AND CIRCUMSTANCES, WHICH EXEMPT
betting in sports: “ending,” corruption of FROM CRIMINAL LIABILITY
public officers)
ART. 11. JUSTIFYING
Crimes which do not admit of Frustrated Stage: CIRCUMSTANCESJUSTIFYING CIRCUMSTANCES
1. Rape – where the act of a person is in accordance with law
2. Bribery such that said person is deemed not to have violated
3. Corruption of Public Officers the law.
4. Adultery General Rule: No criminal and civil liability
5. Physical Injury incurred.
Exception: There is civil liability with respect to
par. 4 where the liability is borne by persons
benefited by the act.
 Saint Mary’s University_Criminology Review Center 4
Subject: Criminal Law (Book 1)

Parag. 1: SELF-DEFENSE performance of the duty, or the lawful exercise

Elements: of such right or office.
1. Unlawful Aggression
2. Reasonable necessity of the means
employed to prevent or repel it – Par. 6 Obedience to a Superior Order
3. Lack of sufficient provocation on the part of Elements:
the person defending himself 1. an order has been issued
Kinds of Self-Defense: 2. order has a lawful purpose (not patently illegal)
1. self-defense of chastity – there must be an 3. means used by subordinate to carry out said
attempt to rape the victim order is lawful
2. defense of property – must be coupled with
an attack on the person of the owner, or on one ART. 12: CIRCUMSTANCES, WHICH EXEMPT
entrusted with the care of such property. FROM CRIMINAL LIABILITY
3. self-defense in libel – justified when the libel
is aimed at a person’s good name. EXEMPTING CIRCUMSTANCES – grounds for
exemption from punishment because there is wanting
―Stand ground when in the right‖ - the law does in the agent of the crime any of the conditions which
not require a person to retreat when his assailant is make the act voluntary or negligent.
rapidly advancing upon him with a deadly weapon.
Basis: The exemption from punishment is based on
Par. 2 Defense of Relative the complete absence of intelligence, freedom of
action, or intent, or on the absence of negligence on
Elements: the part of the accused.
1. unlawful aggression (indispensable
requirement) Burden of proof: Any of the circumstances is a
2. reasonable necessity of the means employed matter of defense and must be proved by the
to prevent or repel it defendant to the satisfaction of the court.
3. In case the provocation was given by the
person attacked, the one making the defense Par. 1 Imbecility or Insanity
had no part in such provocation.
IMBECILE – one while advanced in age has a mental
Par. 3 Defense of Stranger development comparable to that of children between
2 and 7 years old. He is exempt in all cases from
Elements: criminal liability.
1. unlawful aggression (indispensable
requirement) INSANE – one who acts with complete deprivation of
2. reasonable necessity of the means employed intelligence/reason or without the least discernment
to prevent or repel it or with total deprivation of freedom of will. Mere
3. person defending be not induced by revenge, abnormality of the mental faculties will not exclude
resentment or other evil motive imputability.

Par. 4 State of Necessity (Avoidance of Greater General Rule: Exempt from criminal liability
Evil or Injury) Exception: The act was done during a lucid interval.

Elements: Par. 2 Under Nine Years of Age

1. evil sought to be avoided actually exists
2. injury feared be greater than that done to Requisite: Offender is under 9 years of age at the
avoid it time of the commission of the crime. There is
1. no other practical and less harmful means of absolute criminal irresponsibility in the case of a
preventing it minor under 9 years of age.
Par. 5 Fulfillment of Duty or Lawful Exercise of
a Right or Office NOTE: Under R.A. 9344 or the Juvenile Justice And
Welfare Act a minor 15 years and below is exempt
Elements: from criminal liability.
1. accused acted in the performance of duty or in
the lawful exercise of a right or office
2. the injury caused or offense committed be the
necessary consequence of the due
 Saint Mary’s University_Criminology Review Center 5
Subject: Criminal Law (Book 1)

Par. 3 Person Over 9 and Under 15 Acting 2. A person fails to perform such act.
Without Discernment 3. His failure to perform such act was due to
some lawful or insuperable cause.
DISCERNMENT – mental capacity to fully appreciate
the consequences of the unlawful act, which is shown ABSOLUTORY CAUSES – where the act committed
by the: is a crime but for some reason of public policy and
manner the crime was committed sentiment, there is no penalty imposed. Exempting
conduct of the offender after its commission and justifying circumstances are absolutory causes.
Examples of such other circumstances are:
NOTE: Under R.A. 9344 a minor over 15 but below 1. spontaneous desistance (Art. 6)
18 who acted without discernment is exempt from 2. accessories exempt from criminal liability
criminal liability (Art. 20)
1. Death or physical injuries inflicted under
Par. 4 Accident without fault or intention of exceptional circumstances (Art. 247)
causing it 2. persons exempt from criminal liability from
theft, swindling, malicious mischief (Art 332)
Elements: 3. Entrapment
1. A person is performing a lawful act
2. with due care NOTE: Instigation is NOT an absolutory cause. A
3. He causes injury to another by mere accident buy-bust operation conducted in connection with
4. Without fault or intention of causing it. illegal drug-related offenses is a form of entrapment.

Par. 5 Irresistible Force Chapter Three

CIRCUMSTANCES WHICH MITIGATE CRIMINAL
IRRESISTIBLE FORCE – offender uses violence or LIABILITY
physical force to compel another person to commit a
crime. ART. 13: MITIGATING CIRCUMSTANCES

Elements: MITIGATING CIRCUMSTANCES – those which if

1. The compulsion is by means of physical force. present in the commission of the crime reduces the
2. The physical force must be irresistible. penalty of the crime but does not erase criminal
3. The physical force must come from a third liability nor change the nature of the crime
person.
Kinds:
Par. 6 Uncontrollable Fear 1. Privilege – It cannot be offset by any aggravating
circumstance. It has the effect of reducing the
UNCONTROLLABLE FEAR – offender employs penalty to 1 or 2 degrees lower.
intimidation or threat in compelling another to commit 2. Ordinary – It can be offset by ordinary
a crime. aggravating circumstance. If not offset, it reduces
the penalty in its minimum period.
DURESS – use of violence or physical force
Par. 1 Incomplete Justifying or Exempting
Elements: Circumstances
1. The threat which causes the fear is of an evil
greater than, or at least equal to, that which he Par. 2 Under 18 or Over 70 Years Old
is required to commit.
2. It promises an evil of such gravity and Par. 3 No Intention to Commit so Grave a Wrong
imminence that an ordinary man would have
succumbed to it. Factors that can be considered are:
1. weapon used
2. injury inflicted
PAR 7. Insuperable Cause 3. part of the body injured
4. mindset of offender at the time of
INSUPERABLE CAUSE – some motive, which has commission of crime
lawfully, morally or physically prevented a person to
do what the law commands.
Elements:
1. An act is required by law to be done. Par. 4 Provocation or Threat
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Subject: Criminal Law (Book 1)

2. Such illness should not deprive the offender of

Provocation – any unjust or improper conduct or act consciousness of his acts.
of the offended party, capable of exciting, inciting or
irritating anyone. Par. 10 Similar and Analogous Circumstances

Requisites:
1. provocation must be sufficient CHAPTER FOUR
2. it must originate from the offended party CIRCUMSTANCES WHICH AGGRAVATE
3. must be immediate to the commission of the CRIMINAL LIABILITY
crime by the person who is provoked
AGGRAVATING CIRCUMSTANCES – Those which,
NOTE: Threat should not be offensive and positively if attendant in the commission of the crime, serve to
strong. Otherwise, it would be an unlawful have the penalty imposed in its maximum period
aggression, which may give rise to self-defense and provided by law for the offense or those that change
thus no longer a mitigating circumstance. the nature of the crime.

Par. 5 Vindication of Grave Offense BASIS: The greater perversity of the offender
manifested in the commission of the felony.
Requisites:
1. a grave offense done to the one committing the KINDS OF AGGRAVATING CIRCUMSTANCES:
felony, his spouse, ascendants, descendants, 1. Generic - those which apply to all crimes
legitimate, natural or adopted brothers or 2. Specific - those which apply only to specific
sisters or relatives by affinity within the same crimes,
degrees 3. Qualifying - those that change the nature of
2. the felony is committed in immediate the crime
vindication of such grave offense 4. Inherent - which of necessity accompany the
commission of the crime, therefore not
Par. 6 Passion or Obfuscation considered in increasing the penalty to be
imposed
Requisites: 5. Special - those which arise under special
1. offender acted upon an impulse conditions to increase the penalty of the
2. the impulse must be so powerful that it offense and cannot be offset by mitigating
naturally produced passion or obfuscation in circumstances.
him
ART. 14: AGGRAVATING CIRCUMSTANCES
Par. 7 Surrender and Confession of Guilt
Par. 1. That advantage be taken by the offender of
WHEN SURRENDER VOLUNTARY – must be his public position
spontaneous, showing the intent of the accused to
submit him unconditionally to the authorities, either Requisites:
because: 1. Offender is public officer
1. he acknowledges his guilt; or 2. Public officer must use the influence, prestige,
2. he wishes to save them the trouble and or ascendancy which his office gives him as
expense necessarily incurred in his search and means to realize criminal purpose.
capture.
Par. 2. That the crime be committed in contempt
Par. 8 Physical Defect of Offender – The offender of or with insult to public authorities
is deaf and dumb, blind or otherwise suffering from
some physical defect, restricting his means of action, Requisites:
defense or communication with others. 1. That the public authority is engaged in the
exercise of his functions.
2. That he who is thus engaged in the exercise of
Par. 9 Illness of the Offender said functions is not the person against whom
the crime is committed.
Requisites: 3. The offender knows him to be a public
1. The illness of the offender must diminish the authority.
exercise of his will-power. 4. His presence has not prevented the offender
from committing the criminal act.
 Saint Mary’s University_Criminology Review Center 7
Subject: Criminal Law (Book 1)

PERSON IN AUTHORITY – public authority or Par. 5. That the crime be committed in the palace
person who is directly vested with jurisdiction and has of the Chief Executive, or in his presence, or
the power to govern and execute the laws where public authorities are engaged in the
Ex: discharge of their duties, or in a place dedicated
1. Governor to religious worship.
2. Mayor
3. Barangay captain/ chairman Actual performance of duties is not
4. Councilors necessary when crime is committed in the palace or
5. Government agents in the presence of the Chief Executive
6. Chief of Police
Par. 6. That the crime be committed
NOTE: A teacher or professor of a public or (1) in the nighttime, or
recognized private school is not a “public authority (2) in an uninhabited place, or
within the contemplation of this paragraph. While he (3) by a band,
is a person in authority under Art. 152, that status is whenever such circumstance may facilitate
only for purposes of Art. 148 (direct assault) and Art. the commission of the offense
152 (resistance and disobedience).
NOTE: When present in the same case and their
AGENT – subordinate public officer charged w/ the element are distinctly palpable and can subsist
maintenance of public order and protection and independently, they shall be considered separately.
security of life and property
Ex: barrio vice lieutenant, barrio councilman NIGHTTIME (obscuridad) – that period of darkness
beginning at the end of dusk and ending at dawn.
Par. 3. That the act be committed:
1. with insult or in disregard of the respect
2. due the offended party on account of his NOTE: Commission of the crime must begin and be
(a)rank, (b) age, or (c) sex or accomplished in the nighttime. When the place of the
3. that it be committed in the dwelling of the crime is illuminated by light, nighttime is not
offended party, if the latter has not given aggravating. It is not considered aggravating when
provocation the crime began at daytime.

RANK – The designation or title of distinction used to General Rule: Nighttime is absorbed in treachery.
fix the relative position of the offended party in Exception: Where both the treacherous mode of
reference to others (There must be a difference in the attack and nocturnity were deliberately decided upon
social condition of the offender and the offended in the same case, they can be considered separately
party). if such circumstances have different factual bases.
AGE – may refer to old age or the tender age of the
victim.
SEX– refers to the female sex, not to the male sex.
DWELLING – must be a building or structure UNINHABITED PLACE (despoblado) – one where
exclusively used for rest and comforts (combination there are no houses at all, a place at a considerable
of house and store not included), may be temporary distance from town, where the houses are scattered
as in the case of guests in a house or bedspacers. It at a great distance from each other.
includes dependencies, the foot of the staircase and
the enclosure under the house BAND (en cuadrilla) – whenever there are more
than 3 armed malefactors that shall have acted
Par. 4. That the act be committed with: together in the commission of an offense.
(1) abuse of confidence or NOTE: There must be four or more armed men
(2) obvious ungratefulness

Requisites Of Abuse Of Confidence: Par. 7. That the crime be committed on the

1. That the offended party had trusted the occasion of a conflagration, shipwreck,
offender. earthquake, epidemic or other calamity or
2. That the offender abused such trust by misfortune.
committing a crime against the offended party.
3. That the abuse of confidence facilitated the
commission of the crime.
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Subject: Criminal Law (Book 1)

Requisites: attaches an equal or greater penalty or for two

1. The crime was committed when there was a crimes to which it attaches a lighter penalty.
calamity or misfortune This is a generic aggravating circumstance.
2. The offender took advantage of the state of 3. Multi-recidivism or Habitual delinquency
confusion or chaotic condition from such (Art.62, par, 5) – Where a person within a
misfortune period of ten years from the date of his release
or last conviction of the crimes of serious or
Par. 8.That the crime be committed with the aid of less serious physical injuries, robbery, theft,
(1) armed men or estafa or falsification, is found guilty of the said
(2) persons who insure or afford impunity crimes a third time or oftener. This is an
extraordinary aggravating circumstance.
Requisites: 4. Quasi-recidivism (Art. 160) – Where a person
1. That armed men or persons took part in the commits felony before beginning to serve or
commission of the crime, directly or indirectly. while serving sentence on a previous
2. That the accused availed himself of their aid or conviction for a felony. This is a special
relied upon them when the crime was aggravating circumstance.
committed.
NOTE: Since reiteracion provides that the accused
Par. 9. That the accused is a recidivist has duly served the sentence for his previous
conviction/s, or is legally considered to have done so,
RECIDIVIST – one who at the time of his trial for one quasi-recidivism cannot at the same time constitute
crime, shall have been previously convicted by final reiteracion, hence this aggravating circumstance
judgment of another crime embraced in the same title cannot apply to a quasi-recidivist.
of the RPC.
Par. 11. That the crime be committed in
Requisites: consideration of price, reward or promise.
1. That the offender is on trial for an offense;
2. That he was previously convicted by final Requisites:
judgment of another crime; 1. There are at least 2 principals:
3. That both the first and the second offenses are a. The principal by inducement (one who offers)
embraced in the same title of the Code; b. The principal by direct participation (accepts)
4. That the offender is convicted of the new 2. The price, reward, or promise should be previous
offense. to and in consideration of the commission of the
criminal act.
Par. 10. That the offender has been previously
punished for an offense to which the law attaches
an equal or greater penalty or for two or more
crimes to which it attaches a lighter penalty. Par. 12. That the crime be committed by means of
inundation, fire, poison, explosion, stranding of a
vessel or intentional damage thereto, derailment
Requisites of Reiteracion Or Habituality: of a locomotive, or by use of any artifice
1. That the accused is on trial for an offense; involving great waste and ruin
2. That he previously served sentence for another The circumstances under this paragraph will
offense to which the law attaches an a) Equal only be considered as aggravating if and when they
or b) Greater penalty, or c) For two or more are used by the offender as a means to accomplish a
crimes to which it attaches a lighter penalty criminal purpose
than that for the new offense; and
3. That he is convicted of the new offense Par. 13. That the act be committed with evident
premeditation
THE FOUR FORMS OF REPETITION ARE:
1. Recidivism (par. 9, Art. 14) – Where a Requisites: The prosecution must prove –
person, on separate occasions, is convicted of 1. The time when the offender determined to
two offenses embraced in the same title in the commit the crime;
RPC. This is a generic aggravating 2. An act manifestly indicating that the culprit has
circumstance. clung to his determination; and
2. Reiteracion or Habituality (par. 10, Art. 14) – 3. A sufficient lapse of time between the
Where the offender has been previously determination and execution, to allow him to
punished for an offense to which the law reflect upon the consequences of his act and to
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Subject: Criminal Law (Book 1)

allow his conscience to overcome the IGNOMINY – is a circumstance pertaining to the

resolution of his will. moral order, which adds disgrace and obloquy to the
material injury caused by the crime.
Essence of premeditation: The execution of the
criminal act must be preceded by cool thought and Par. 18. That the crime be committed after an
reflection upon the resolution to carry out the criminal unlawful entry.
intent during the space of time sufficient to arrive at a
calm judgment. UNLAWFUL ENTRY - when an entrance is effected
by a way not intended for the purpose.
Par. 14. That (1) craft, (2) fraud, or (3) disguise be
employed. Par. 19. That as a means to the commission of a
crime, a wall, roof, floor, door, or window be
Requisite broken.
1. The offender must have actually used craft, Applicable only if such acts were done by the
fraud, or disguise to facilitate the commission offender to effect ENTRANCE. If the wall, etc., is
of the crime. broken in order to get out of the place, it is not an
aggravating circumstance.
CRAFT (astucia) – involved the use of intellectual
trickery or cunning on the part of the accused. A Par. 20. That the crime be committed (1) with the
chicanery resorted to by the accused to aid in the aid of persons under fifteen (15) years of age, or
execution of his criminal design. It is employed as a (2) by means of motor vehicles, airships, or other
scheme in the execution of the crime. similar means.
FRAUD (fraude) – insidious words or machinations
used to induce the victim to act in a manner which Par. 21. That the wrong done in the commission
would enable the offender to carry out his design. of the crime be deliberately augmented by
DISGUISE (disfraz) – resorting to any device to causing other wrong not necessary for its
conceal identity. commission

Par. 15. That (1) advantage be taken of superior CRUELTY – there is cruelty when the culprit enjoys
strength, or (2) means be employed to weaken and delights in making his victim suffer slowly and
the defense. gradually, causing unnecessary physical pain in the
It contemplates two aggravating consummation of the criminal act.
circumstances, either of which qualifies a killing to
murder.
Requisites:
Par. 16. That the act be committed with treachery 1. That the injury caused be deliberately
(alevosia) increased by causing other wrong;
2. That the other wrong be unnecessary for the
Requisites: execution of the purpose of the offender.
1. That at the time of the attack, the victim was
not in a position to defend himself; and CHAPTER FIVE
2. That the offender consciously adopted the ALTERNATIVE CIRCUMSTANCES
particular means, method or form of attack
employed by him. ALTERNATIVE CIRCUMSTANCES – Those which
must be taken into consideration as aggravating or
TREACHERY ABSORBS: mitigating according to the nature and effects of the
1. Craft crime and the other conditions attending its
2. Abuse of superior strength commission.
3. Employing means to weaken the defense
4. Cuadrilla (“band”) ART.15 Concept of Alternative Circumstances
5. Aid of armed men BASIS: The nature and effects of the crime and the
6. Nighttime other conditions attending its commission.

Par. 17. That means be employed or THE ALTERNATIVE CIRCUMSTANCES ARE:

circumstances brought about which add 1. Relationship;
ignominy to the natural effects of the act 2. Intoxication; and
3. Degree of instruction and education of the
offender.
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RELATIONSHIP – The alternative circumstance of ART.17.PRINCIPALS

relationship shall be taken into consideration when THREE TYPES OF PRINCIPALS:
the offended party is the – Spouse, Ascendant, 1. Principal by DIRECT PARTICIPATION
Descendant, Legitimate, natural, or adopted brother (par.1)
or sister, or Relative by affinity in the same degree of 1. Principal by INDUCTION (par.2)
the offender. 2. Principal by INDISPENSABLE
COOPERATION (par.3)
INTOXICATION
1. Mitigating – ART.18.ACCOMPLICES–
If intoxication is not habitual, or
If intoxication is not subsequent to the plan to ACCOMPLICES - Persons who do not act as
commit a felony. principals but cooperate in the execution of the
offense by previous and simultaneous acts, which are
2. Aggravating – not indispensable to the commission of the crime.
If intoxication is habitual, or They act as mere instruments that perform acts not
If it is intentional (subsequent to the plan to essential to the perpetration of the offense
commit a felony).
ART.19.ACCESSORIES
INSTRUCTION OR EDUCATION Accessories are those who:
As an alternative circumstance it does not refer 1. having knowledge of the commission of the
only to literacy but more to the level of crime, and
intelligence of the accused. 2. without having participated therein either as
Refers to the lack or presence of sufficient principals or accomplices, take part
intelligence and knowledge of the full significance subsequent to its commission in any of the
of one’s acts. following acts:
Low degree of instruction and education or a. By profiting themselves or assisting the
lack of it is generally mitigating. High degree offender to profit by the effects of the
of instruction and education is aggravating, crime.
when the offender took advantage of his learning b. Assisting the offender to profit by the effects
in committing the crime. of the crime.
c. By concealing or destroying the body of the
General Rule: Lack of sufficient education is crime to prevent its discovery.
mitigating. PD 1612 – THE ANTI-FENCING LAW OF 1979
Exceptions:
1. Crimes against property (e.g. arson, estafa, FENCING – is an act, with intent to gain, of buying,
theft, robbery) selling, receiving, possessing, keeping, or in any
2. Crimes against chastity, and other manner dealing in anything of value which a
3. Treason – because love of country should be a person knows or should have known to be derived
natural feeling of every citizen, however from the proceeds of the crime of robbery or theft.
unlettered or uncultured he may be.
FENCE– is a person who commits the act of fencing.
TITLE TWO A fence who receives stolen property as above
PERSONS CRIMINALLY LIABLE FOR provided is not an accessory but a principal in the
FELONIES crime defined in and punished by the Anti-Fencing
Law.
ART.16.WHO ARE CRIMINALLY LIABLE –
Principals, Accomplice, Accessory ART.20.ACCESSORIES WHO ARE EXEMPT FROM
CRIMINAL LIABILITY
NOTE: An accessory is exempt from criminal liability
when the principal is his:
Those accessories are not liable for light
1. spouse, or
felonies. REASON: In the commission of light
2. ascendant, or
felonies, the social wrong as well as the
3. descendant
individual prejudice is so small that penal
4. legitimate, natural or adopted brother,
sanction is unnecessary.
sister\or relative by affinity within the same
degree.
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Accessory Is Not Exempt From Criminal Liability 2. Correction or reformation – shown by the
Even If The Principal Is Related To Him, If Such rules which regulate the execution of the
Accessory – penalties consisting in deprivation of liberty.
3. Social defense – shown by its inflexible
1. profited by the effects of the crime, or severity to recidivists and habitual delinquents.
2. assisted the offender to profit by the effects ART.22.RETROACTIVE EFFECT OF PENAL LAWS
of the crime.
GENERAL RULE: Penal laws are applied
P.D. 1829 penalizes the act of any person who prospectively.
knowingly or willfully obstructs, impedes, frustrates EXCEPTION: When retrospective application will be
or delays the apprehension of suspects and the favorable to the person guilty of a felony; Provided
investigation and prosecution of criminal cases. that:
1. The offender is NOT a habitual criminal
TITLE THREE (delinquent) under Art. 62(5);
PENALTIES 2. The new or amendatory law does NOT provide
against its retrospective application.
Chapter One : PENALTIES IN GENERAL
PENALTY – suffering inflicted by the State for the EX POST FACTO LAW - An act which when
transgression of a law. committed was not a crime, cannot be made so by
statute without violating the constitutional inhibition as
Different Juridical Conditions of Penalty: to ex post facto laws.
1. Must be productive of suffering, without
however affecting the integrity of the human BILL OF ATTAINDER – A legislative act which
personality. inflicts punishment without trial.
2. Must be commensurate with the offense –
different crimes must be punished with different
penalties ART.23.EFFECT OF PARDON BY THE OFFENDED
3. Must be personal – no one should be PARTY–
punished for the crime of another. GENERAL RULE: Pardon by the offended party
4. Must be legal – it is the consequence of a does not extinguish the criminal liability of the
judgment according to law. offender. REASON: A crime committed is an offense
5. Must be certain – no one may escape its against the State. Only the Chief Executive can
effects. pardon the offenders.
6. Must be equal for all.
7. Must be correctional. EXCEPTION: Pardon by the offended party will bar
criminal prosecution in the following crimes:
Theories Justifying Penalty: 1. Adultery and Concubinage
1. Prevention – to prevent or suppress the 2. Seduction, Abduction, Acts of
danger to the State arising from the criminal act Lasciviousness
of the offender. 3. Rape (as amended by R.A. 8353)
2. Self-defense – so as to protect society from
the threat and wrong inflicted by the criminal. ART.24.MEASURES OF PREVENTION OR
3. Reformation – the object of punishment in SAFETY, WHICH ARE NOT CONSIDERED
criminal cases is to correct and reform the PENALTIES
offender.
4. Exemplarity – the criminal is punished to ART. 26: WHEN AFFLICTIVE, CORRECTIONAL,
serve as an example to deter others from OR LIGHT PENALTY
committing crimes. Fines:
5. Justice – that crime must be punished by the 1. Afflictive – over 6000
State as an act of retributive justice, a 2. Correctional – 201 to 6000
vindication of absolute right and moral law 3. Light – 200 and less
violated by the criminal.
Chapter Three
Three-Fold Purpose Of Penalty Under The Code: DURATION AND EFFECTS OF PENALTIES
1. Retribution or expiation – the penalty is
commensurate with the gravity of the offense. Section One. — Duration of Penalties
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Art. 27: RECLUSION PERPETUA person arrested for or accused of a crime. Bond to
1. Reclusión perpetua – 20 years and 1 day to keep the peace or for good behavior is imposed as a
40 years penalty in threats.
2. Reclusión temporal – 12 years and 1 day to
20 years ART. 36: PARDON; ITS EFFECT
3. Prisión mayor and temporary
disqualification – 6 years and 1 day to 12 Pardon by the President – does not restore the right
years, except when disqualification is an to public office or suffrage except when both are
accessory penalty, in which case its duration is expressly restored in the pardon. Nor does it exempt
that of the principal penalty one from civil liability or from payment of civil
4. Prisión correccional, suspensión, and indemnity.
destierro – 6 months and 1 day to 6 years,
except when suspensión is an accessory Pardon by the offended party – does not extinguish
penalty, in which case its duration is that of the criminal liability; may include offended party waiving
principal penalty civil indemnity and it should be done before the
4. Arresto mayor – 1 month and 1 day to 6 institution of the criminal prosecution and extended to
Months both offenders.
5. Arresto menor – 1 day to 30 days
5. Bond to keep the peace – The period is ART. 37: COST; WHAT ARE INCLUDED
discretionary on the court. Costs include:
1. Fees
NOTE: - Destierro is a principal, divisible and 2. Indemnities, in the course of judicial
correctional penalty. proceedings
ART. 38: PECUNIARY LIABILITIES; ORDER OF
PAYMENT
ART. 29: PERIOD OF PREVENTIVE
IMPRISONMENT DEDUCTED FROM TERM OF Pecuniary liabilities of persons criminally liable,
IMPRISONMENT in the following order:
1. The reparation of the damage caused
Instances when accused undergoes preventive 2. Indemnification of the consequential
suspension: damages
1. offense is non-bailable 3. Fine
2. bailable but can’t furnish bail 4. Costs of proceedings

RULE: ART. 39: SUBSIDIARY PENALTY NOTES:

 Full Time: if the detention prisoner agrees
voluntarily in writing to abide by the same When the penalty prescribed is imprisonment, it is the
disciplinary rules imposed upon convicted penalty actually imposed by the Court, not the
prisoners penalty provided for by the Code, which should be
 Four-fifths (4/5) of the time: if the detention considered in determining whether or not subsidiary
prisoner does not agree to abide by the same penalty should be imposed.
disciplinary rules imposed upon convicted
prisoners. Except: Recidivist, Habitual RULES AS TO SUBSIDIARY PENALTY
Delinquent & Escapee. 1. If the penalty imposed is prisión correccional or
arresto and fine – subsidiary imprisonment is
ART 34: CIVIL INTERDICTION – Effects; not to exceed 1/3 of the term of the sentence,
Deprivation of the following rights: and in no case to continue for more than one
1. Parental rights year. Fraction or part of a day, not counted.
2. Guardianship over the ward 2. When the penalty imposed is fine only –
3. Marital authority subsidiary imprisonment is:
4. Right to manage property and to dispose of a. not to exceed 6 months – if the culprit
the same by acts inter vivos. is prosecuted for grave or less grave
felony, and
ART. 35: EFFECTS OF BOND TO KEEP THE b. not to exceed 15 days – if prosecuted
PEACE for light felony.
3. When the penalty imposed is higher than
Bond to keep the peace is different from bail bond prisión correccional – no subsidiary
which is posted for the provisional release of a imprisonment.
 Saint Mary’s University_Criminology Review Center 13
Subject: Criminal Law (Book 1)

4. If the penalty imposed is not to be executed by

confinement, but of fixed duration – subsidiary The Three-Fold Rule:
penalty shall consist in the same deprivations 1. Maximum duration of the convict’s sentence: 3
as those of the principal penalty, under the times the most severe penalty imposed
same rules as nos. 1, 2 and 3 above. 2. Maximum duration: shall not exceed 40 yrs
5. In case the financial circumstances of the 3. Subsidiary imprisonment: This shall be
convict should improve, he shall pay the fine, excluded in computing for the maximum
notwithstanding the fact that the convict duration.
suffered subsidiary personal liability therefor.
ART. 72: PREFERENCE IN THE PAYMENT OF
Chapter Four THE CIVIL LIABILITIES
APPLICATION OF PENALTIES
NOTE: The penalties shall be satisfied according to
ART. 47: IN WHAT CASES THE DEATH PENALTY the chronological order of the dates of the final
SHALL NOT BE IMPOSED judgment. (Art. 70)

RA 9346 – Abolished the Death Penalty Law

ART.48: PENALTY FOR COMPLEX CRIMES

COMPLEX CRIME – Although there actually are two Chapter Five
or more crimes, the law treats them as constituting EXECUTION AND SERVICE OF PENALTIES
only one- as there is only one criminal intent. Only
one information needs be filed. ART. 79: SUSPENSION OF THE EXECUTION AND
SERVICE OF THE PENALTIES IN CASE OF
Two (2) Kinds Of Complex Crimes: INSANITY

1. COMPOUND CRIME – single act constitutes 2 or INDETERMINATE SENTENCE LAW

more grave or less grave felonies (Act No. 4103 as amended by Act No. 4225)
Requisites:
a. that only one single act is performed by the NOTE: It applies to both violations of Revised Penal
offender Code and special laws, and is based on the penalty
b. that the single act produces actually imposed.
2 or more grave felonies
one or more grave and one IF THE PENALTY IS IMPOSED BY THE RPC:
c. or more less grave felonies 1. The Maximum Term – is that which could be
2 or more less grave felonies properly imposed under the RPC, considering
the aggravating and mitigating circumstances.
2. COMPLEX CRIME PROPER – when an offense 2. The MinimumTerm – is within the range of the
is a necessary means for committing another penalty one degree lower than that prescribed
Requisites: by the RPC, without considering the
a. that at least 2 offenses are committed circumstances.
b. that one or some of the offenses must be
necessary to commit the other IF THE PENALTY IS IMPOSED BY SPECIAL
c. that both or all the offenses must be PENAL LAW
punished under the same statute 1. The Maximum Term – must not exceed the
maximum term fixed by said law.
PLURALITY OF CRIMES – consists in the 2. The Minimum Term – must not be less than
successive execution by the same individual of the minimum term prescribed by the same.
different criminal acts upon any of which no
conviction has yet been declared.

CONTINUED CRIME – refers to a single crime

consisting of a series of acts but all arising from one
criminal resolution. Although there is a series of acts,
there is only one crime committed, so only one
penalty shall be imposed.

ART. 70: SUCCESSIVE SERVICE OF SENTENCE

 Saint Mary’s University_Criminology Review Center 14
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PROBATION LAW OF 1976 1. There must be final judgment.

(PD 968, AS AMENDED) 2. The period must have elapsed.

PROBATION - a disposition under which a defendant Prescriptive periods of penalties:

after conviction and sentence is released subject to
conditions imposed by the court and to the 1. Death and reclusión perpetua – 20 years
supervision of a probation officer 2. Other afflictive penalties – 15 years
3. Correctional penalties – 10 years, except for
ART. 83: SUSPENSION OF THE EXECUTION OF the penalty of arresto mayor which
THE DEATH SENTENCE prescribes in 5 years
4. Light penalties – 1 year
Death sentence commuted to RP:
1. woman, while pregnant 7. By Marriage of the Offended woman (art.
2. woman, within 1 year, after delivery 344)
3. person over 70 years of age Crimes covered:
4. convict who becomes insane after final 1. seduction
sentence of death has been pronounced 2. abduction
3. acts of lasciviousness
Title Four
EXTINCTION OF CRIMINAL LIABILITY NOTE: The marriage must be contracted in
good faith.
ART. 89: HOW CRIMINAL LIABILITY IS TOTALLY
EXTINGUISHED
1. Death ART. 94: PARTIAL EXTINCTION OF CRIMINAL
2. Service of Sentence LIABILITY
3. Amnesty – is an act of the sovereign power
1. Conditional pardon – contract between the
granting oblivion or general pardon. It wipes all
sovereign power of the executive and the convict
traces and vestiges of the crime but does not
extinguish civil liability. 2. Commutation – change in the decision of the court
4. Absolute Pardon – Pardon is an act of grace by the chief regarding the:
proceeding from the power entrusted with the degree of the penalty
execution of laws, which exempts the individual by decreasing the length of the
from the punishment the law inflicts for the imprisonment or fine
crime.
5. Prescription of Crime Commutation Allowed When:
person is over 70 years old
Prescriptive Periods of Crimes: 8 justices fail to reach a decision affirming
the death penalty
Crimes punishable by:
3. PAROLE – consists in the suspension of the
Death, reclusión perpetua or reclusión sentence of a convict after serving the minimum
temporal – 20 years term of the indeterminate penalty, without granting
Afflictive penalties – 15 years pardon, prescribing the terms upon which the
Correctional penalties – 10 years; sentence shall be suspended. In case his parole
Except those punishable by arresto mayor conditions are not observed, a convict may be
which shall prescribe in 5 years returned to the custody and continue to serve his
sentence without deducting the time that elapsed.
Crime of libel – 1 year
Offenses of oral defamation and slander by 4. Good conduct allowance during confinement –
deed – 6 months Deduction for the term of sentence for good
Light offenses – 2 months behavior
For Good Cond
6. By Prescription Of Penalty

NOTE: means the loss/forfeiture of the right of

government to execute the final sentence after
the lapse of a certain time.

Conditions: uct Per Year

 Saint Mary’s University_Criminology Review Center 15
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Good Conduct Time Allowance Table ART. 100: CIVIL LIABILITY OF A PERSON GUILTY OF
Years Allowance FELONY
First 2 years 5 days per month of good
behavior Dual Character Of The Crime As Against:
3rd to 5th years 8 days per month of good 1. the state, because of the disturbance of peace and
behavior order
th 2. the private person injured, unless it involves the
Following years up to 10 10 days per month of good
year behavior crime of treason, rebellion, espionage, contempt and
11th year and successive 15 days per month of good others where no civil liability arises on the part of the
years behavior offender either because there are no damages or
there is no private person injured by the crime
ART. 98: SPECIAL TIME ALLOWANCE FOR LOYALTY
ART. 103: SUBSIDIARY CIVIL LIABILITY OF OTHER
NOTES: PERSONS
The article applies only to prisoners who escaped.
There is a deduction of 1/5 of the period of Requisites:
sentence of prisoner who, having evaded the 1. The employer, teacher, person or corporation is
service of his sentence during the calamity or engaged in any kind of industry.
catastrophe mentioned in Art 158, gives himself up 2. Any of their servants, pupils, workmen, apprentices or
to the authorities within 48 hours following the employees commits a felony while in the discharge of
issuance of the proclamation by the President his duties.
announcing the passing away of the calamity or 3. The said employee is insolvent and has not satisfied
catastrophe. his civil liability.
The deduction is based on the original sentence and
ART. 112: EXTINCTION OF CIVIL LIABILITY
not on the unexpired portion.
Art 158 provides for increased penalties – A convict
Civil Liability Is Extinguished By:
who has evaded the service of his sentence by
1. payment or performance
leaving the penal institution on the occasion of
2. loss of the thing due condonation or remission of the
disorder resulting from conflagration, earthquake or
debt
similar catastrophe or during mutiny in which he did
3. confusion or merger of the rights of creditor and
not participate is liable to an increased penalty (1/5
debtor
of the time still remaining to be served – not to
4. compensation
exceed 6 months), if he fails to give himself up to
5. Novation – is a substitution of a new for an old debt.
the authorities within 48 hours following the issuance
The old debt is extinguished by the new one
of a proclamation by the President announcing the
contracted in its stead.
passing away of the calamity.

ART. 99: WHO GRANTS TIME ALLOWANCES

NOTES:
The authority to grant time allowance for good
conduct is exclusively vested in the Director of
Prison. (e.g. provincial warden cannot usurp
Director’s authority)
It is not an automatic right, and once granted, cannot
be revoked by him.

Title Five
CIVIL LIABILITY

TWO CLASSES OF CIVIL LIABILITY

1. social injury – produced by disturbance and alarm
which are the outcome of the offense
2. personal injury – caused by the victim who may
have suffered damage, either to his person,
property, honor or chastity