1

Article 31 – Effects of the penalties of perpetual or temporary special

disqualification:
● deprivation of the office, employment, profession or calling affected
● disqualification for holding similar offices or employments perpetually or
during the term of the sentence

Article 32 – Effects of the penalties of perpetual or temporary special

disqualification for the exercise of the right of suffrage:
● deprivation of the right to vote or to be elected to any public office
● cannot hold any public office during the period of disqualification

Article 33 – Effects of the penalties of suspension from any public office,

profession, or calling, of the right of suffrage:
● disqualification from holding such office or exercising such
profession/calling/right of suffrage during the term of the sentence
● if suspended from public office, offender cannot hold another office
having similar functions during the period of suspension

Article 34 – Effects of civil interdiction:

● deprivation of the rights of parental authority or guardianship of any
ward
● deprivation of marital authority

● deprivation of right to manage his property and of right to dispose of

such property by any act or any conveyance inter vivos

Article 35 – Effects of bond to keep the peace:

● the offender must present 2 sufficient sureties who shall undertake that
the offender will not commit the offense sought to be prevented, and that
in case such offense be committed they will pay the amount determined
by the court; or
● the offender must deposit such amount with the clerk of court to
guarantee said undertaking; or
● the offender may be detained, if he cannot give the bond, for a period not
to exceed 6 months if prosecuted for grave or less grave felony, or for a
period not to exceed 30 days, if for a light felony

- the bond to keep the peace (penalty in threats) is different from bail bond
which is posted for the provisional release of a person arrested for or accused of
a crime
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Article 36 – Effects of pardon:

● a pardon shall not restore the right to hold public office or the
right of suffrage
o exception: when any or both such rights is or are expressly
restored by the terms of the pardon
● it shall not exempt the culprit from the payment of the civil indemnity (no
exceptions)

- limitations upon the exercise of pardoning power:

● can be exercised only after conviction
● does not extend to cases of impeachment

Article 37 – Costs 🡪 what are included:

● fees, and
● indemnities, in the course of judicial proceedings

- in cases of conviction 🡪 costs which are expenses of litigation are chargeable

to the accused only
- in cases of acquittal 🡪 costs de oficio, each party bearing his own expenses

- no costs shall be allowed against the RP, unless otherwise provided by law
- payment of costs is upon the discretion of the courts

Article 38 – Pecuniary liabilities of the offender:

● reparation of damage caused
● indemnification of consequential damages
● fine
● cost of the proceedings

- Art. 38 is applicable in case the property of the offender should not be

sufficient for the payment of all his pecuniary liabilities; hence, if the offender
has sufficient property, there is no use for Art. 38

- Courts cannot disregard the order of payment

- there is reparation in the crime of rape when the dress of the woman was torn
- fines and indemnities imposed upon either husband or wife may be enforced
against the partnership assets after the responsibilities enumerated in Art. 161 of
the Civil Code have been covered

Article 39 – Rules governing SUBSIDIARY IMPRISONMENT: (1 day for each 8

pesos)
● Penalty imposed in Prision Correccional or Arresto mayor and fine
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o subsidiary penalty 🡪 not to exceed 1/3 of the term of sentence

🡪But not continued longer than 1 year
o example: sentence is 6 years of prision correccional and fine of
4000
▪ divide the no. of days of fine of 4000 by the rate of 8/day =
500 days
▪ 1/3 of 6 years is 2 years
▪ while the period of 500 days is less than 2 years, any of
them will
● Penalty imposed is fine only
o subsidiary imprisonment 🡪 not to exceed 6 months (if the culprit is
prosecuted for grave or less grave felonies)
🡪 Not to exceed 15 days (if prosecuted for light felony)
● Penalty imposed is higher then Prision Correccional
o no subsidiary imprisonment
● Penalty imposed is not to be executed by confinement, but of fixed
duration
o subsidiary penalty 🡪 shall consist in deprivations as those of
principal penalty (same rules as in nos. 1, 2 and 3 above)
● In case the financial circumstances of the convict suffered subsidiary 🡪
he shall pay fine, notwithstanding the fact that the convict suffered
subsidiary personal liability therefore

- subsidiary penalty 🡪 it is a subsidiary personal liability to be suffered by the

convict who has no property with which to meet the fine, at the rate of 1 day for
each 8 pesos

- the penalty imposed must be:

● prision correccional
● arresto mayor
● arresto menor
● suspension
● destierro
● fine only

- no subsidiary penalty for nonpayment of:

● reparation of the damage caused
● indemnification of the consequential damages
● costs of the proceedings

- no subsidiary penalty for the following cases:

● when the penalty imposed is higher than prision correccional
● failure to pay reparation of the damage caused, indemnification of the
consequential damages and costs of the proceedings
 4

● penalty imposed is fine and a penalty not to be executed by confinement

in a penal institution and which has no fixed duration

- subsidiary imprisonment under special law:

● merely a fine 🡪 shall not exceed 6 months; 1 day for every P2.50
● both fine and imprisonment imposed 🡪 shall not exceed 1/3 of the term
of imprisonment; no case shall exceed 1 year
● imprisonment is more than 6 years in addition to a fine 🡪 no subsidiary
imprisonment
● fine is imposed for a violation of municipal or ordinance of ordinances of
the City of Manila 🡪 1 day for every P1.00, until the fine is satisfied
🡪 provided that the total subsidiary imprisonment does not exceed
6 months, if the penalty imposed is fine alone
🡪 and not more than 1/3 of the principal penalty, if it is imposed
together with imprisonment

Article 40 – accessory penalties of death --- when not executed by reason of

commutation or pardon:
● perpetual absolute disqualification
● civil interdiction for 30 years (if not expressly remitted in the pardon)

Article 41 – accessory penalties of RECLUSION PERPETUA and RECLUSION

TEMPORAL:
● civil interdiction for life or during the sentence
● perpetual absolute disqualification (unless expressly remitted in the
pardon of the principal penalty)

Article 42 – accessory penalties of prision mayor:

● temporary absolute disqualification
● perpetual special disqualification from suffrage (unless expressly remitted
in the pardon of the principal penalty)

Article 43 – accessory penalties of prision correccional:

● suspension from public office, profession or calling
● perpetual special disqualification from suffrage (if the duration of
imprisonment exceeds 18 months, unless expressly remitted in the pardon
of the principal penalty)

* there is perpetual special disqualification from suffrage, only when

the duration of the imprisonment exceeds 18 months

Article 44 – accessory penalties of arresto:

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● suspension of the right to hold office and the right of suffrage during the
term of the sentence
* there is no accessory penalty for destierro

Article 45 – Confiscation and forfeiture of the proceeds or instruments of the

crime: (outline)
● every penalty imposed carries with it the forfeiture of the proceeds of the
crime and the instruments or tools used in the commission of the crime
● the proceeds and instruments or tools of the crime are confiscated and
forfeited in favor of the government
● property of a third person not liable for the offense, is not subject to
confiscation an forfeiture
● property not subject of lawful commerce (whether it belongs to the
accused or to third person) shall be destroyed

- there is no forfeiture where there is no criminal case

Application of Penalties

Section 1 – Rules for the application of penalties to the persons criminally

liable and for the graduation of the same

Article 46 – the penalty prescribed by law in general terms shall be imposed:

● upon the principals
● for consummated felony

- exception: when the law fixes a penalty for frustrated or attempted felony

- graduation of penalties by degree of stages of execution:

● consummated
● frustrated
● attempted

- graduation of penalties by degree of the criminal participation of the offender:

● principal
● accomplice
● accessory

- periods of division of a divisible penalty:

● maximum
● medium
● minimum
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Article 47 – in what cases the death penalty shall not be imposed:

● when the guilty person is below 18 years old; or

● when the guilty person is more than 70 years old; or

o (if imposable penalty is death, it is an ordinary mitigating
circumstance);
o (reclusion perpetua if penalized by RPC); (life imprisonment if
penalized by special laws)
● when upon the appeal or automatic review of the case by the Supreme
Court, required majority vote is not obtained

- automatic review of death penalty cases:

● in all cases where the death penalty is imposed by the trial court, the
records shall be forwarded to the Supreme Court for automatic review and
judgment by the court en banc

- capital offense – is an offense under the law existing at the time of its
commission and at the time of the application admitted to bail, may be punished
by death, although a lower penalty

- social defense and exemplary justify the penalty of death

- death penalty is imposed in the following crimes:

● treason ● serious illegal detention
● piracy ● robbery with homicide
● qualified piracy ● destructive arson
● qualified bribery ● rape with homicide
● parricide ● plunder
● murder ● certain violations of
● infanticide Dangerous Drugs Act
● kidnapping ● carnapping

- where the penalty of reclusion perpetua is imposed, in lieu of the death

penalty, there is a need to perfect an appeal
- the records of all cases imposing death penalty, reclusion perpetua, or life
imprisonment shall be forwarded by the Court of Appeals to the Supreme Court
for review

Article 48 – Penalty for COMPLEX CRIMES:

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● the penalty for the most serious crime shall be imposed, the same
to be applied in its maximum period

- 2 kinds of complex crimes:

● when a single act constitutes 2 or more grave or less grave
felonies
● when an offense is a necessary means for committing the other
(special complex crime)
- requisites when a single act constitutes 2 or more grave or less grave
felonies:
● that only a single act is performed by the offender
● that the single act produces: (1) 2 or more grave felonies; (2) 1 or more
grave and 1 or more less grave felonies; (3) 2 or more less grave felonies

- this article applies only to felonies penalized by the RPC

- COMPOUND CRIMES – are those committed when a single act results 2 or

more grave or less grave felonies. The resultant light felony shall be treated as a
separate defense.
- basis is the singularity of the act

- COMPLEX CRIMES PROPER – is a felony committed when one offense is

necessary to commit another; this means that the first offense is committed to
insure and facilitate the commission of the next crime

- this rule does not include:

● a crime to conceal another because such is not necessary to commit to
conceal the other crime
● a crime which is an element of the other for in that case, the former shall
be absorbed by the latter; such as trespassing which is an element of
robbery
● a crime which has the same elements as the other crime committed
* the penalty for complex crimes under article 48 is the penalty for the
most serious crimes under the maximum period.

- other kinds of plurality of crimes where a single penalty is imposed are:

● composite crimes or special complex crimes 🡪 are those which are
treated as single divisible offense although comprising more than one
specific penalty; they are also called complex crimes
● continued crime or delito continuado 🡪 also referred as continuous
crime, is a single crime, consisting of a series of acts but all arising
from one criminal resolution
 8

* The moment the act is interrupted, it is considered as 2 separate

crimes done on 2 different occasions
● continuing crimes of transitory crimes 🡪 in Rules of Court, one
where any of the elements of the offense were committed in different
localities, such as the accused may be indicted in any of those localities
* Any offense continuing in time is charged only in one occasion

Composite Complex
* the offenses comprised are fixed by law * the combination of the offenses are not
* the penalty for the specified combinations of specified but generalized, that is grave and/or
crimes is also specific less grave; or one offense being the necessary
* the light felony resulting from the same act is means to commit the other
treated separately * the penalty is not specific but is for the most
serious offense in the maximum period
* the other felonies are absorbed

Article 49 – rules as to the penalty to be imposed upon the principals when the crime
committed is different from that intended:
(only applied to felonies)
● if penalty for the felony committed is higher than the intended 🡪 lower
penalty shall be imposed in its maximum period
● if penalty for the felony committed is lower than intended 🡪 lower
penalty shall be imposed in its maximum period
● if the acts also constitutes an attempt or frustration of another crime, and
the law prescribes a higher penalty for either of the latter 🡪 the penalty
for the attempted or frustrated crime shall be imposed in its maximum
period

Diagram of the application of Article 46 and 50-57

Consumm Frustrated Attempted
ated
Principal 0 1 2
Accomplic 1 2 3
es
Accessorie 2 3 4
s

Article 50 – penalty to be imposed upon principals of a frustrated crime

🡪 next lower in degree than that prescribed by law for the consummated felony

Article 51 – penalty to be imposed upon principals of attempted crime

🡪lower by 2 degrees than that prescribed by law for the consummated felony
 9

Article 52 – penalty to be imposed upon accomplices in a consummated crime

🡪 next lower in degree than that prescribed by law for the consummated felony

Article 53 – penalty to be imposed upon accessories to the commission of a

consummated felony
🡪 lower by 2 degrees than that prescribed by law for the consummated felony

Article 54 – penalty to be imposed upon accomplices in a frustrated crime

🡪 penalty next lower in degree than that prescribed by law for the frustrated
felony

Article 55 – penalty to be imposed upon accessories of a frustrated crime

🡪 penalty lower by 2 degrees than that prescribed by law for the frustrated
felony

Article 56 – penalty to be imposed upon accomplices in an attempted crime

🡪 nest lower in degree than that prescribed by law for an attempt to commit a
felony

Article 57 – penalty to be imposed upon accessories of an attempted crime

🡪 lower by 2 degrees than that prescribed by law for the attempt

* Bases for the determination of the extent of penalty to be imposed under the Revised
Penal Code:
● stage reached by the crime in its development (attempted, frustrated,
consummated)
● participations therein of the persons liable
● aggravating or mitigating circumstances which attended the commission of
the crime

* one degree is one entire penalty

* a period is one of the 3 equal proportions 🡪 minimum, medium, maximum
*a period of a divisible penalty, when prescribed by the Code as a penalty for a
felony, is in itself a degree

Article 58 – public officers who help the author of a crime by misusing their
office and duties shall suffer the additional penalties of:
● absolute perpetual disqualification 🡪 principal offender is guilty of a grave
felony
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● absolute temporal disqualification 🡪 principal offender is guilty of less

grave felony

- this article applies only to public officers who abused their public
functions
- impossible for accessories to be liable for light felonies

Article 59 –Penalty for impossible crime 🡪 arresto mayor, or a fine ranging

from 200 to 500 pesos

- The basis for imposition:

● the social danger and

● the degree of criminality shown by the offender

- Article 59 is only limited to those cases where the act performed would be
grave felonies or less grave felonies

Article 60 – exceptions to the rules in Articles 50-57 🡪 provisions contained in

Article 50 to 57 shall not apply to cases where the law expressly prescribes the
penalty for a frustrated or attempted felony or to be imposed upon
accomplices or accessories

- Accomplice, punished as principal:

● Article 346 🡪 the ascendants, guardians, curators, teachers and any
person who by abuse of authority or confidential relationship, shall
cooperate as accomplices in the crimes of rape, acts of lasciviousness,
seduction, corruption of minors, white slave trade or abduction
● Article 268 🡪 one who furnished the place for the perpetration of the
crime of slight illegal detention

- Accessory punished as principal:

● Article 142 🡪 crime of inciting sedition

- Penalty for the act perpetrated is 1 degree lower instead of 2 degrees

lower in the following crimes:
● Article 162 🡪 knowingly using counterfeited seal or forged signature or
stamp of the President
● Article 168 🡪 illegal possession and use of a false treasury or bank note
● Article 173 (3) 🡪 using a falsified document
● Article 173 (2) 🡪 using a falsified dispatch

Section 2 – Rules for the application of penalties with regard to the

mitigating and aggravating circumstances, and habitual delinquency
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Article 61 – rules for GRADUATING PENALTIES are to be imposed upon persons

guilty as principals of any frustrated or attempted felony, or as accomplices
or accessories:
● SINGLE AND INDIVISIBLE PENALTY 🡪 Penalty next lower in
degree – immediately following that indivisible penalty in the respective
graduated scale
o example: reclusion perpetua 🡪 reclusion temporal
● 2 INDIVISIBLE PENALTIES 🡪 penalty next lower in degree –
immediately following the lesser of the penalties described in the
respective graduated scale
o example: reclusion perpetua to death 🡪 reclusion temporal
● 1 OR 2 INDIVISIBLE PENALTIES AND THE MAXIMUM PERIOD OF
ANOTHER DIVISIBLE PENALTY 🡪 penalty next lower in degree –
composed of the medium and minimum periods of the proper divisible
penalty and the maximum period of that immediately following in said
respective graduated scale
o example: penalty for murder is reclusion temporal in its maximum
to death
o it consists of 2 indivisible penalties (death & reclusion perpetua)
and 1 divisible penalty (reclusion temporal in its maximum period)
o proper divisible penalty is reclusion temporal 🡪
immediately following is prision mayor
● SEVERAL PERIODS, CORRESPONDING TO DIFFERENT DIVISIBLE
PENALTIES (at least 3 periods) 🡪 penalty next lower in degree –
composed of the period immediately following the minimum prescribed
and of the 2 next following
o example: penalty composed of several periods to different divisible
penalties (prision mayor in its medium period to reclusion
temporal in its minimum period) 🡪 period immediately
following (prision mayor in its minimum period, and 2
periods next following are the maximum and medium
periods of prision correccional)
● NOT SPECIALLY PROVIDED FOR IN THE 4 PROCEEDING RULES,
(proceeding by analogy) 🡪 shall impose the corresponding penalties
upon those guilty as principals of the frustrated felony, or of attempt to
commit the same, and upon accomplices and accessories
o example: penalty described for the felony (prision correccional
in its minimum and medium periods) 🡪 penalty next lowers
(arresto mayor in its medium and maximum periods)
* The penalty prescribed by the Code for a felony is a degree. If
the penalty prescribed for a felony is one of the 3 periods of a divisible
penalty, that period becomes a degree, and the period immediately below
is the penalty next lower in degree.
 12

- principal in frustrated felony 🡪 1 degree lower

- principal in attempted felony 🡪 2 degrees lower
- accomplice in consummated felony 🡪 1 degree lower
- accessory in consummated felony 🡪 2 degrees lower

- graduated scale in Article 71:

1. death 6. arresto mayor
2. reclusion perpetua 7. destierro
3. reclusion temporal 8. arresto menor
4. prision mayor 9. public censure
5. prision correccional 10. fine

- Indivisible penalties 🡪 death; reclusion perpetua, public censure

- Divisible penalties 🡪 reclusion temporal down to arresto menor

Article 62 – EFFECTS OF THE ATTENDANCE OF MITIGATING OR

AGGRAVATING CIRCUMSTANCES AND OF HABITUAL DELINQUENCY:
● par. 1 🡪Aggravating circumstances are not to be taken into
account when:
o they themselves constitute a crime (ex: by “means of fire” – arson)
o they are included by law in the definition of a crime
● par. 2 🡪 The same rules apply when the aggravating
circumstance is inherent in the crime
● par. 3🡪 Aggravating or mitigating circumstances which arising
from any of the following affect only those to whom such
circumstances are attendant:
o from the moral attributes of the offender
o from his private relations with the offended party
o from any other personal cause
* serve to aggravate or mitigate the liability of the principals,
accomplices, and accessories as to whom such circumstances are
attendant
● par. 4 – the circumstances which consist of the following shall
serve to aggravate and mitigate the liability only those who had
knowledge of them at the time of the commission of the offense:
o material execution of the act
o means employed to accomplish the crime
● par. 5 – habitual delinquent is a person who within the period of
10 years from the date of his (last) release or last conviction of
the crimes of: (F R E T Se L)
o falsification
o robbery
o estafa
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o theft
o serious or less serious physical injuries
* is found guilty of any of the said crimes a 3 rd time or oftener

- 3rd conviction 🡪 penalty provided by law for the last crime of

which he be found guilty + prision correccional in its medium
and maximum periods (PC med-max)
- 4th conviction 🡪 penalty provided by law for the last crime of
which he be found guilty + prision mayor in its minimum and
medium periods (PM min-med)
- 5th or additional conviction 🡪 penalty provided by law for the
last crime of which he be found guilty + prision mayor in its
maximum period to reclusion temporal in its minimum
period (PM max-RT min)

TAKE NOTE: The total 2 penalties to be imposed must not exceed 30 years

Requisites if Habitual Delinquency:

1. That the offender had been convicted of any of the crimes of serious
or less serious physical injuries, robbery, theft, estafa, or falsification;
(FRETSeL)
2. That after that conviction or after serving his sentence, he again
committed, and, within 10 years from his release or first conviction, he
was again convicted of any of the said crimes for the second time; and
3. That after his conviction of, or after serving sentence for, the second
offense, he again committed, and, within 10 years from his last release
or last conviction, he was again convicted of any of the said offenses,
the third time or oftener.

- Maximum of the penalty shall be imposed:

● when in the commission of the crime, advantage was taken by the
offender of his public position
● offense was committed by any person who belongs to an
organized/syndicated crime group

- ORGANIZED/SYNDICATED CRIME GROUP – a group of 2 or more people

collaborating, confederating, or mutually helping one another for purposes of
gain in the commission of the crime

*Subsequent crime must be committed AFTER CONVICTION of

former crime

Article 63 – RULES FOR APPLICATION OF INDIVISIBLE PENALTIES:

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● single indivisible penalty 🡪 applied regardless of the presence of

aggravating and mitigating circumstances
● 2 indivisible penalties 🡪 1 aggravating circumstance present– higher
penalty
🡪 1 mitigating circumstance present – lower penalty
🡪 Some mitigating circumstances present and no
aggravating – lower penalty
🡪 Mitigating and aggravating circumstances are present –
basis in number and importance; court shall allow them to offset one another

- This article applies only when the penalty prescribed by the Code is either 1
divisible penalty or 2 divisible penalties

- GENERAL RULE 🡪 When the penalty is composed of 2 indivisible penalties,

the penalty cannot be lowered by one degree, no matter how many mitigating
circumstances are present.
- Exception 🡪 In cases of privileged mitigating circumstances

Article 64 – RULES FOR APPLICATION OF PENALTIES WHICH CONTAIN 3

PERIODS (DIVISIBLE PENALTIES):
● no aggravating and no mitigating circumstances 🡪 medium period
● one mitigating circumstance 🡪 minimum period
● one aggravating circumstance 🡪 maximum period
● mitigating (must be ordinary) and aggravating circumstance (must be
generic or specific) offset each other and according to relative weight
● 2 or more mitigating without any aggravating circumstance 🡪 one degree
lower

- This article applies only when the penalty has 3 periods because they are
divisible
- Article 64 does not apply to: indivisible penalties, penalties prescribed by
special laws, and fines

Article 65 – Rules in cases in which the PENALTY IS NOT COMPOSED OF 3

PERIODS:
1. Subtract the minimum from the maximum. (disregard the 1 day)
2. Divide the difference by 3.
3. Use the minimum of the given example as the minimum of the minimum
period. Then to get the maximum of the minimum, add the answer in
number 2.
4. Use the maximum of the minimum as the minimum of the medium period.
Add 1 day to distinguish it from the maximum of the minimum. Add the
answer in number 2 and this becomes the maximum of the medium.
 15

5. Use the maximum of the medium as the minimum period of the maximum
period and add 1 day to distinguish. Add the answer in number 2 to get
the maximum of this maximum.

Article 66 – imposition of fines:

● the court can fix any amount of the fine prescribed within the limits
established by law
● the courts must consider the following in imposing the fines:
o mitigating and aggravating circumstances
o more particularly the wealth and means of the culprit
● the following may also be considered by the court:
o the gravity of the crime committed
o the heinousness of its perpetration
o the magnitude of its effects on the offender’s victims

- When the minimum of the fine is not fixed, court shall have the discretion,
provided it does not exceed the amount authorized by law

Article 67 – Penalty to be imposed when not all the requisites of exemption

of the 4th circumstance of Article 12 are present

- Requisites of Article 12 par. 4 (ACCIDENT):

● act causing the injury must be lawful
● act performed with due care
● injury was cause by mere accident
● no fault or intention to cause injury

- If the above conditions are not present, then the following penalties shall be
imposed:
● grave felony 🡪 arresto mayor maximum to prision correccional
minimum (AM max - PC min)
● less grave felony 🡪 arresto mayor minimum to arresto mayor
medium (AM min - AM med)

Article 68 – penalty to be imposed upon a person under 18 years of age:

● UNDER 15 BUT OVER 9 YEARS OLD 🡪 not exempted from liability if
acted with discernment
🡪 Discretionary penalty, but always lower by 2 degrees than
that prescribed by law
● OVER 15 AND UNDER 18 YEARS OLD 🡪 penalty next lower than that
prescribed by law, but always in the proper period

- Article 68 applies to such minor if his application for suspension of

sentence is disapproved or if while in the reformatory institution he becomes
 16

incorrigible, in which case he shall be returned to the court for the imposition
of the proper penalty

- The parents shall be liable for damages unless they prove that they
exercised reasonable supervision over the child at the time the child committed
the offense and exerted reasonable effort and utmost diligence to prevent or
discourage the child from committing another offense

Article 69 – penalty to be imposed when the crime committed is not wholly excusable:
🡪 PENALTY LOWER BY 1 OR 2 DEGREES IF THE MAJORITY OF THE
CONDITIONS FOR JUSTIFICATION OR EXEMPTION in the cases provided
in Articles 11 and 12 are present

- the court has the discretion to impose 1 or 2 degrees lower than that
prescribed by law for the offense; but in determining the proper period for the
penalty 1 or 2 degrees lower, the court must consider the number and nature of
the conditions of exemption or justification present or lacking

- When the majority of the requisites of self-defense and two mitigating

without aggravating circumstance are present, the penalty is three
degrees lower

Article 70 – SUCCESSIVE SERVICE OF SENTENCES:

● when the culprit has to serve 2 or more penalties 🡪 he shall serve them
simultaneously if the nature of the penalties will so permit
● otherwise 🡪 the order of their respective severity shall be followed

- The respective severity of the penalties:

● death ● temporary absolute
● reclusion perpetua disqualification
● reclusion temporal ● suspension from public
● prision mayor office, the right to vote
● prision correccional and be voted for, the right
● arresto mayor to follow profession or
● arresto menor calling
● destierro ● public censure
● perpetual absolute
disqualification

- Penalties which can be simultaneously served with imprisonment except

DESTIERRO:
● Perpetual absolute ● perpetual special
disqualification disqualification
 17

● Temporary absolute ● fine and bond to keep the

disqualification peace
● temporary special ● civil interdiction
disqualification ● confiscation and payment
● suspension of costs
● destierro

THREE-FOLD RULE:
● maximum duration of the convict’s sentence 🡪 must not be more than 3
times the length of the most severe penalty imposed
● maximum duration 🡪 must not exceed 40 years
SUBSIDIARY IMPRISONMENT 🡪 this shall be excluded in computing for the
maximum duration. The penalty for each crime must be the one to be considered and
not the totality. Must not be more than Prision Correcional
* The three-fold rule shall apply only when the convict is to serve 4 or
more sentences successively

- 2 modes of serving 2 or more (multiple) penalties:

● simultaneously
● successively

- 3 different systems of penalty (relative to the execution of 2 or more

penalties imposed on one and the same accused):
● material accumulation system – no limitation whatsoever, and
accordingly, all the penalties for all the violations were imposed even if
they reached beyond the natural span of human life
● juridical accumulation system – limited to not more than 3-fold the
length of time corresponding to the most severe and in no case to exceed
40 years
● absorption system – the lesser penalties are absorbed by the greater
penalties

Multiple death penalties – the sentencing of an accused to several capital

penalties is an indelible badge of his extreme perversity

Article 71 – GRADUATED SCALES

- Scale no. 1: (PERSONAL PENALTIES 🡪 deprivation of life and liberty)

● death ● arresto mayor
● reclusion perpetua ● destierro
● reclusion temporal ● arresto menor
● prision mayor ● public censure
● prision correccional ● fine
 18

- Scale no. 2: (deprivation of political rights)

● perpetual absolute voted for, & right to follow
disqualification a profession or calling
● temporary absolute ● public censure
disqualification ● fine
● suspension from public
office, right to vote & be

- Death shall no longer form part of the equation in the graduation of

penalties, pursuant to Republic Act No. 9346
-The penalty next lower in degree from arresto mayor is destierro
- The metropolitan and municipal courts can impose destierro

- Article 25 🡪Classification of penalties:

● PRINCIPAL
o capital
o afflictive
o correctional
o light
● ACCESSORIES

- Article 70 🡪Classification of penalties for the purpose of successive

service of sentences, according to their severity:
🡪 Destierro is placed under arresto menor because destierro is
considered lighter
🡪 “Severity”

- Article 71 🡪 Provides for scales which should be observed in

graduating the penalties
🡪 Destierro is placed above arresto menor being classified as a
correctional penalty
🡪 “Lower or higher”

Article 72 – when a person is found guilty of 2 or more offenses, the penalties shall be
classified according to the chronological order of the dates of the final
judgment; and not on the commission of the offense

Section 3 – Provision common to the last 2 preceding sections

 19

Article 73 – Presumption in regard to the imposition of accessory penalties:

🡪 Accessory penalties are deemed imposed with the principal penalty
🡪 However, the subsidiary imprisonment must be expressly stated in
the decision, as it is not considered an accessory penalty

Article 74 – Penalty higher than reclusion perpetua in certain cases

🡪 When a given penalty has to be raised by 1 or 2 degrees and the resulting
penalty is death according to the scale, but it is not specifically provided by
law as a penalty, the latter cannot be imposed
🡪 The given penalty and the accessory penalties of Article 40 shall be
considered as the next higher penalty
🡪 THE PENALTY HIGHER THAN RECLUSION PERPETUA CANNOT BE
DEATH, because the penalty of death must be specifically imposed by law as a
penalty for a given crime

Article 75 – Increasing or reducing the PENALTY OF FINE by 1 or 2 degrees

🡪 It shall be increased or reduced, for each degree, by ¼ of the maximum
amount prescribed by law; without changing the minimum

- Example of reducing fine by 1 or 2 degrees:

🡪 Fine = 200 to 2,000
🡪 To find each degree; ¼ of 2,000 = 500
🡪 Take 500 from the maximum of the next higher degree
🡪 Therefore, 1 degree lower = 200 minimum and 1,500 maximum; 2 degrees
lower = 200 minimum and 1,000 maximum

- Example of increasing fine by 1 degree:

🡪 Fine = 200 to 6,000
🡪 To find each degree; ¼ of 6,000 = 1,500
🡪 Add 1,500 to the maximum of the next higher degree
🡪 Therefore, 1 degree higher = 200 to 7,500

- Under this article, the fine must have minimum and maximum
- The court cannot change the minimum of 200
- If the minimum is not fixed by law, it is left to the discretion of the court
without exceeding the maximum authorized by law

Fine with a minimum Fine without a minimum

* law fixes the maximum of the fine
* the court cannot change that minimum * if there is only maximum, the court cannot
impose any amount exceeding such maximum
* when law fixes both the minimum and maximum, the court can impose an amount higher than the
maximum
 20

* whereas, when only the maximum is fixed, it cannot impose an amount higher than the maximum

Article 76 – legal period of duration of divisible penalties 🡪 shall be considered as

divided into 3 parts, forming 3 periods, the minimum, the
medium and the maximum

- computation of divisible penalties divided into 3 periods:

🡪 example: reclusion temporal = 12 years & 1 day to 20 years
🡪 maximum minus minimum; 20 years – 12 years = 8 years
🡪 divide into 3 periods: 8 years / 3 = 2 years & 8 months

🡪 minimum period: 12 years (1 day)

+ 2 years & 8 months
14 years & 8 months 🡪 12 years & 1 day to 14 years & 8
months

🡪 medium period: 14 years & 8 months

+ 2 years & 8 months
17 years & 4 months 🡪 14 years, 8 months & 1 day to 17
years & 4 months

🡪 maximum period: 17 years & 4 months

+ 2 years & 8 months
20 years 🡪 17 years, 4 months & 1 day to 20
years

- “Period” – each of the 3 equal parts of a divisible penalty

- “Degree” – the diverse penalties mentioned by name in the Revised Penal
Code
Article 77– When the penprobable civil liabilitiesalty is a complex one
composed of 3 distinct penalties 🡪 each one shall form a period
🡪Lightest shall be the minimum; the next the medium; the most severe the
maximum

-Example: reclusion temporal to death

- Minimum 🡪 reclusion temporal
- Medium 🡪 reclusion perpetua
- Maximum 🡪 death

- COMPLEX PENALTY – the penalty prescribed by law composed of 3 distinct

penalties, each forming a period

Execution and service of penalties

 21

General provisions
Article 78 – When and how a penalty is to be executed:
🡪 Only a penalty by final judgment can be executed
🡪 Judgment is final if the accused has not appealed within 15 days or
he has expressly waived in writing that he will not appeal
🡪 There could be no subsidiary penalty if it was not expressly ordered in the
judgment

Article 79 – Suspension of the execution and service of the penalties in case

of insanity:
● If the convict become insane or imbecile after the final sentence
has been pronounced 🡪 execution is suspended (personal penalty)
● If he recovers 🡪 sentence has to be executed; unless the penalty
has prescribed
● If while serving his sentence he becomes insane or imbecile 🡪 above
provisions shall be observed
● payment of civil or pecuniary liabilities shall not be suspended

Article 80 – Suspension of sentence of minor delinquents (as repealed by P.D.

603: Child and Youth Welfare Code)

- “Child” – a person under 18 years old

- “Child in conflict with the Law” – a child who is alleged as, accused of, or
adjudged as, having committed an offense under PH Laws
- “Youthful offender” – over 9 but under 18 at time of the commission of the
offense

● A child 9 years of age or under at the time of the commission of

the offense 🡪 shall be exempt from criminal liability and shall be
committed to the care of his/her father/mother, or nearest relative or
family friend on the discretion of the court and subject to its supervision.
● A child over 9 years and under 15 years at the time of the
commission of the offense 🡪 the same shall be done, unless he acted
with discernment in which case shall will be proceeded against in
accordance with Article 92.
● A youthful offender held for examination or trial who cannot
furnish bail will be committed to the DSWD/local rehabilitation center or
detention home.
● If the court finds that the youthful offender committed the crime charged
against him, it shall determine the imposable penalty and the civil liability
charged against him, but it may not pronounce judgment or conviction.
Instead, the court shall suspend all further proceedings if, it finds
 22

that the best interest of the public and that of the offender will be served
thereby

* Exceptions to suspension of sentence:

o Those who previously enjoyed suspension of sentence
o Those convicted of death or life imprisonment
o Those convicted for an offense by the military tribunals

● The youthful offender shall be returned to the court for the

pronouncement of judgment, when the youthful offender:
o Has been found incorrigible, or
o Has willfully failed to comply with the conditions of his
rehabilitation programs, or
o When his continued stay in the training institution would be
inadvisable

● When the youthful offender has reached the age of twenty one while
in commitment, the court shall determine whether-
o To dismiss the case, if the youthful offender has behaved
properly and has shown his capability to be a useful member of the
community; or
o To pronounce the judgment of conviction, if the conditions
mentioned are not met
In the latter case, the convicted offender may apply for probation.
In any case, the youthful offender shall be credited in the service of his
sentence with the full time spent in the actual commitment and detention.

● The final release of a youthful offender based on good conduct as

provided in Article 196 shall not obliterate his civil liability for damages.
● A minor who is already an adult at the time of his conviction is
not entitled to a suspension of sentence.
● The records of the proceeding shall be privileged and shall not be
disclosed.
● The civil liability of the youthful offender may be voluntarily assumed by a
relative or a friend.
● The parent or guardian of the child is liable when he aides, abets
or connives for the commission of the crime or does an act
producing, promoting or contributing to the child’s being a juvenile
delinquent.
● Penalties for the parent/guardian: fine not exceeding 500 and/or
imprisonment not exceeding 2 years.

- The court shall take into consideration the religion of such minor, his parents
or next of kin
 23

- the Director of Public Welfare, or his duly authorized representatives,

shall submit to the court every 4 months a written report on the good or bad
conduct of said minor
- Suspension of proceedings may be extended or shortened by the court on the
recommendation of the DPW
- If the minor has been committed to the custody or care of any institutions
mentioned, such minor may be allowed to stay elsewhere under the care of a
responsible person
- If the minor has behaved properly and has complied with the
conditions, he shall be returned to the court in order that the same may
order his final release
- If the minor fails to behave properly or to comply with the regulations
of the institution, he shall be returned to the court in order that the
same may render the judgment corresponding to the crime committed
by him
- The expenses for the maintenance of a minor delinquent:
🡪 Shall be borne by his parents/relatives or those persons liable to
support him
🡪 If parent/relatives have not been ordered to pay:
● municipality in which the offense was committed 🡪 1/3
● province to which the municipality belongs 🡪 1/3
● National Government 🡪 1/3

Execution of principal penalties

Article 81 – When and how the death penalty is to be executed:

● Death sentence should be executed with reference to any other penalty
● Through lethal injection (RA 8177 repealed by RA 9346)
● Shall be executed under the authority of the Director of the Bureau of
Corrections and he shall take steps to ensure that the Lethal injection to
be administered is sufficient to cause the instantaneous death of convict
● All personnel involved in the administration of lethal injection must be
trained
● Authorized physician of the Bureau of Corrections officially
makes a pronouncement of the convict’s death
● Death sentence shall be carried out not earlier than 1 year nor
later than 18 months after judgment has become final and
executory

- Imposition of death penalty is recommendatory in the Regional Trial

Court, and it needs the review and affirmation by the Supreme Court of at
least 8 by the magistrates
- The “court” which designated the date of execution is the trial court
 24

Article 82 – Notification and execution of the sentence and assistance to the

culprit
🡪 The court shall designate a working day, which shall not be communicated to
the offender before the sunrise of said day
🡪 The execution shall not take place until after the expiration of at least
8 hours following such notification
🡪 During the interval between the notification and execution, the culprit shall
be furnished such assistance
🡪 A convict sentenced to death may have the right to consult a lawyer and
make a will

Article 83 –Death sentence shall be suspended when the accused is:

● woman, while pregnant
● woman, within 1 year after delivery
● person over 70 years of age (suspension of the execution of the death
sentence is necessary to give the President time to act, because only the
president can commute the sentence)
● convict who becomes insane after final sentence of death has been
pronounced

Article 84 – Place of execution:

● penitentiary or Bilibid in a space closed to the public view

- Persons who may witness the execution:

● Priests assisting the offender
● Offender’s lawyers
● Offender’s relatives, not exceeding 6, of so requested
● Physician
● Necessary personnel of penal establishment

Article 85 – Provisions relative to the corpse of the person executed and it’s burial
🡪 Unless claimed by the family, the corpse of the culprit shall be turned over to
the institute of learning or scientific research
🡪 Otherwise, the director of Prisons shall order burial of the body of the culprit
at government expense
🡪 The burial should not the held with pomp

Article 86 – Penalties of Reclusion Perpetua, Reclusion Temporal, Prision

Mayor, Prision Correccional and Arresto Mayor shall be executed and served in
the places and penal establishments provided by the Administrative Code in force

Article 87 – Execution of DESTIERRO:

 25

● convict shall not be permitted to enter the place designated in the

sentence nor within the radius specified, which shall not be more than
250 and not less than 25 km from the place designated
● if the convict enters the prohibited area, he commits evasion of
sentence (may be in cases of persons punished with Destierro)

- Destierro shall be imposed in the following cases:

● death or serious physical injuries is caused or are inflicted under
exceptional circumstance
● person fails to give bond for good behavior
● concubine’s penalty for the crime of concubinage
● lowering the penalty by degrees, destierro is the proper penalty

Article 88 – ARRESTO MENOR shall be served:

● In the municipal jail
● In the house of the offender, but under the surveillance of an
officer of the law whenever the court so provides in the decision due to
the health of the offender; but the reason is not satisfactory just because
the offender is a respectable member of the community

EXTINCTION OF CRIMINAL LIABILITY

Total Extinction of Criminal Liability

Article 89 – Criminal liability is totally extinguished:

1. DEATH
o extinguishment of criminal liability is a ground for motion to
quash
o criminal liability whether before or after final judgment is
extinguished upon death because it is a personal penalty
o PECUNIARY PENALTY IS EXTINGUISHED ONLY WHEN
DEATH OCCURS BEFORE FINAL JUDGMENT
o the death of the offended party however does not extinguish
criminal liability of the accused because it is a crime against the
state
o EFFECT on his criminal and civil liabilities: it extinguishes
criminal liability at any stage of the proceeding but his civil
liability shall be extinguished if death occurs before final
judgment, REASON: the penalty requires personal service of
sentence and there will be nobody to serve the penalty if death
occurs

2. SERVICE OF SENTENCE
o crime is a debt, hence extinguished upon payment
 26

o service does not extinguish civil liability

3. AMNESTY – is an act of the sovereign power granting oblivion or general

pardon; it wipes all traces and vestiges of the crime but does not
extinguish civil liability

4. ABSOLUTE PARDON – an act of grace proceeding from the power

entrusted with the execution of laws, which exempts the individual from
the punishment the law inflicts for the crime

Limitations on the pardoning power of the Chief Executive:

1. That the power be exercised after the final conviction
2. That such power does not extend to cases of impeachment

5. by PRESCRIPTION OF CRIME – is the loss/forfeiture of the right

of the state to prosecute the offender after the lapse of a certain
time
o note: When the crime prescribes, the state loses the right to
execute.
o Crimes punishable by:
▪ Death, reclusion perpetua or reclusion temporal – 20
years
▪ Afflictive penalties – 15 years
▪ Correctional penalties – 10 years
▪ Arresto Mayor - 5 years
o Crime of libel – 1 year
o Offenses of oral defamation and slander by deed – 6 months
o Light offenses – 2 months
* When the penalty is a compound one, the highest penalty
shall be made the basis of the application of above rules.
6. by PRESCRIPTION OF PENALTY – means the loss/forfeiture of the
right of government to execute the final sentence after the lapse
of a certain time
- conditions:
o there must be a final judgment
o the period must have elapsed
- Prescriptive periods of penalties:
o death and reclusion perpetua – 20 years
o other afflictive penalties – 15 years
o correctional penalties – 10 years, except for the penalty of
Arresto Mayor which prescribes in 5 years
o light penalties – 1 year

7. by MARRIAGE OF THE OFFENDED WOMAN (Art. 344)

 27

- Crimes covered:
o rape
o seduction
o abduction
o acts of lasciviousness
* The marriage must be contracted in good faith.

Amnesty Pardon
* extended to classes of persons who may * exercised individually by the President
be guilty of political offenses
* exercised even before trial or * exercised when one is convicted
investigation
* looks backward and abolishes the offense * looks forward and relieves the offender of
itself the consequences
* does not extinguish civil liability * does not extinguish civil liability (same)
* a public act that needs the declaration of * a private act of the President
the President with the concurrence of
Congress
* courts should take judicial notice * must be pleaded and proved

Article 90 – Prescription of CRIMES:

● Reclusion Perpetua or Reclusion Temporal – 20 years
● Afflictive penalties – 15 years
● Correctional penalties – 10 years
● except those punishable by Arresto Mayor – 5 years
● Crime of libel or other similar offenses – 1 year
● offenses of Oral defamation and slander by deed – 6 months
● light offenses – 2 months
*When the penalty is a compound one – the highest penalty shall be made the
basis of the application of above rules

- note:
● In computing for the period, the first day is excluded and the last day
included. Period is subject to leap years.
● When the last day of the prescriptive period falls on a Sunday or
a legal holiday, the information can no longer be filed the
following day.
● Simple slander – 2 months; Grave slander – 6 months
● Since destierro is a correctional penalty, it prescribes in 10 years.
● If fine is an alternative penalty (imposed together with a penalty lower
than fine), fine shall be the basis.
● Prescription begins to run from the discovery thereof. It is
interrupted when proceedings are instituted and shall begin to run
again when the proceedings are dismissed.
 28

● If an accused fails to move quash before pleading, he is deemed to have

waived all objections, except if the grounds are:
o Facts charged do not constitute an offense
o Court has no jurisdiction
o Criminal action or liability has been extinguished
o The averments, if true, would constitute a legal excuse or
justification
● Prescription does not take away the court’s jurisdiction but only
absolves the defendant and acquits him.

Article 91 – Computation of prescription of OFFENSES:

● Period of prescription runs from the day on which the crime is
discovered by offended party, or authorities, or their agents
● It is interrupted by the filing of the complaint or information
● It commences to run again when such proceedings terminate
(termination that is final; an unappealed conviction or acquittal):
o Without the accused being convicted or acquitted
o The proceeding is unjustifiably stopped for a reason not imputable
to the offender
● The term of prescription shall not run when the offender is
absent from the Philippines

- Article 91 applies to a special law when said law does not provide for the
application but only provides for the period of prescription.

Article 92 – When and how PENALTIES prescribe:

● Death and Reclusion Perpetua – 20 years
● other Afflictive penalties – 15 years
● Correctional penalties – 10 years
● except those punishable by Arresto Mayor – 5 years
● Light penalties – 1 year
- Note:
● Final sentence must be imposed.
● If a convict can avail of mitigating circumstances and the penalty
is lowered, it is still the original penalty that is used as the basis
for prescription. However, if the convict already serves a portion
of his sentence and escapes after, the penalty that was imposed (not
the original) shall be the basis for prescription.
● Fines less than 200 fall under light penalty. Those above are
correctional.

Article 93 – Computation of the prescription of penalties:

🡪 The period of prescription commences to run from the date when the
culprit evaded the service of his sentence
 29

- Requisites:
1. Penalty is imposed by final sentence.
2. Convict evaded service of his sentence by escaping during the term of
his sentence.
3. Convict has not given himself up, or been captured, or gone to a
foreign country with which we have no extradition treaty, or committed
another crime.
4. Penalty has prescribed, because of the lapse of time from the date of
the evasion of the service of the sentence.

- Interruption of the period, if the convict:

1. gives himself up
2. be captured
3. goes to a foreign country in which the Philippines has no extradition treaty
4. commits another crime before the expiration of the period of prescription
5. accepts a conditional pardon

Partial Extinction of Criminal Liability

Article 94 – Criminal liability is extinguished partially:

● by conditional pardon
● by commutation of the sentence; and
● for good conduct allowances which the culprit may earn while he
is serving his sentence

- Conditional pardon – contract between the chief executive and the convicted
criminal to the effect that the former will release the latter subject to the
condition that if he does not comply with the terms of the pardon, he will be
recommitted to prison to serve the unexpired portion of the sentence or an
additional one.
- CANNOT BE SUBJECT TO JUDICIAL REVIEW. The determination of the
violation of the conditional pardons rests exclusively in the sound judgment of
the chief executive.
* Note: convict shall not violate any of the penal laws of the Philippines

HABEAS CORPUS – lies only where the restraint of a person’s liberty has been
adjudged as illegal or unlawful.

- Commutation – change in the decision of the court by the Chief Executive by:
● reducing the degree of the penalty inflicted upon the convict
● decreasing the length of the imprisonment or amount of fine
*Allowed when:
● person is over 70 years old
 30

● 8 justices failed to reach a decision affirming the death penalty

*Public welfare is necessary in determining what shall be done and not the
offender’s consent

-Good Conduct Allowance – are deductions from the term of the sentence for
good behavior

- Parole – conditional release of an offender from a correctional

institution after he has served the minimum of his prison sentence
– consists in the suspension of the sentence of a convict after serving the
minimum term of the indeterminate penalty, without granting a pardon,
prescribing the terms upon which the sentence shall be suspended.

Conditional pardon Parole

* given after final judgment * given after service of the minimum penalty
* granted by Chief Executive * given by the Board of Pardons and Parole
* for violation, convict may be ordered * for violation, may be rearrested, convict serves
rearrested or reincarcerated, or may be remaining sentence
prosecuted under Article 159

Article 95 – Obligation incurred by a person granted conditional pardon:

● He must comply with the conditions imposed in the pardon.
● Failure to comply with the conditions shall result in the revocation of the
pardon.
● He becomes liable under Article 159. This is the judicial remedy.

Article 96 – Effect of commutation of sentence:

🡪 The commutation of the original sentence for another of a different length
and nature shall have the legal effect of substituting the latter in place of the
former.

Article 97 – Allowance for good conduct:

Years Allowance
first 2 years 5-20 days per month of
good behavior
3 to 5 years
rd th
8-23 days per month of
good behavior
following years up to 10-25 days per month of
10th year good behavior
11 th
year and 15-30 days per month of
successive years good behavior
*An appeal by the accused shall not deprive him of entitlement of the above
allowances for good conduct.
 31

*Granted by the Director if Prisons

- Note:
● Allowance for good conduct not applicable when prisoner
released under conditional pardon
● Good conduct time allowance is given in consideration of good conduct of
prisoner while he is serving sentence.

Article 98 – Special time allowance for loyalty:

● This article applies only to prisoners who escaped
● There is a deduction of 1/5 of the period of sentence of prisoner
who, having evaded the service of his sentence during the calamity or
catastrophe mentioned in Article 158, gives himself up to the authorities
within 48 hours following the issuance of the proclamation by the
President announcing the passing away of the calamity or catastrophe.
● There is a deduction of 2/5 of the period of his sentence in case the
prisoner chose to stay in the place of his confinement notwithstanding the
existence of a calamity or catastrophe
● The deduction is based on the original sentence and not on the
unexpired portion.
REQUISITES:
1. The occurrence of disorder resulting from a conflagration, earthquake,
explosion or similar catastrophe or during a mutiny in which the prisoner not
participate
2. The convict must evade the service of sentence
3. He must give himself up for 48 hours after the issuance of a proclamation by
the Chief Executive announcing the passing away of such calamity
● Article 158 provides for increased penalties:
o A convict who has evaded the service of his sentence by leaving
the penal institution on the occasion of disorder resulting
from a conflagration, earthquake, explosion or similar
catastrophe or during a mutiny in which he did not
participate, is liable to an increased penalty (1/5 of the time still
remaining to be served – not to exceed 6 months), if he fails to
give himself up to the authorities within 48 hours following
the issuance of a proclamation by the Chief Executive
announcing the passing away of the calamity.
*Applied to any prisoner whether undergoing preventive imprisonment
or serving sentence

Article 99 – Who grants time allowance:

🡪 The Director of Prisons shall grant allowances for good conduct
🡪 Such allowance once granted, shall not be revoked
 32

CIVIL LIABILITY

Persons Civilly Liable for Felonies

2 classes of injuries:
● Social injury – produced by the disturbance and alarm which are the outcome
of the offense
● Personal injury – caused to the victim of the crime who may have suffered
damage, either to his person, to his property, to his honor, or to her chastity

Article 100 – Every person criminally liable for a felony is also civilly liable

- Dual character of the crime as against:

● the state, because of the disturbance of peace and order
● the private person injured, unless it involves the crime of treason,
rebellion, espionage, contempt and others where no civil liability arises on
the part of the offender either because there are no damages or there is
no private person injured by the crime

- Damages that may be recovered in criminal cases:

● Crimes against property – damages based on the price of the thing
and its special sentimental value
● Crimes against persons – (like the crime of physical injuries) whatever
he spent for the treatment of his wounds, doctor’s fees, and for medicine,
as well as salary or wages unearned by him because of his inability to
work
● Moral damages – seduction, abduction, rape or other lascivious acts,
adultery or concubinage, illegal or arbitrary detention or arrest, illegal
search, libel, slander or any other form of defamation, and in malicious
prosecution
● Exemplary damages – imposed when crime was committed with one or
more aggravating circumstances

- Note:
● If there is no damage caused by the commission of the crime,
offender is not civilly liable.
● Dismissal of the information of the criminal action does not affect
the right of the offended party to institute or continue the civil
action already instituted arising from the offense, because such
dismissal does not carry with it the extinction of the civil one.
● When the accused is acquitted on the ground that his guilt has not
been proven beyond reasonable doubt, a civil action for damages for
the same act or omission may be instituted.
 33

● Exemption from criminal liability in favor of an imbecile or insane

person, and a person under 15 years, or over 15 but under 18 who
acted without discernment and those acting under the impulse of
irresistible force or under the impulse of an uncontrollable fear of
an equal or greater injury does not include exemption from civil liability.
● Acquittal in the criminal action for negligence does not preclude the
offended party from filing a civil action to recover damages, based on the
theory that the act is QUASI-DELICT.
● When the court found the accused guilty of criminal negligence but failed
to enter judgment of civil liability, the private prosecutor has the
right to appeal for the purposes of the civil liability of the accused. The
appellate court may remand the case to the trial court for the latter to
include in its judgment the civil liability of the accused.
● Before the expiration of the 15-day period to appeal, the trial
court can amend the judgment of conviction by adding a
provision for the civil liability of the accused, even if the convict
has started serving the sentence.
● If the offender dies prior to the institution of the action or prior to
the finality of the judgment, civil liability ex delito is
extinguished.
● An independent civil action may be brought by the injured party during
the pendency of the criminal case provided the right is reserved.
Reservation is necessary in the following cases:
o Any of the cases referred to in Article 32 (perpetual or temporary
disqualification for exercise of the right of suffrage)
o Defamation, fraud or physical injury (bodily injury and not the
crime of physical injury)
o Civil action is against a member of the city or municipal force for
refusing or failing to render aid or protection to any person in case
of danger to life or property.
● Civil liability ex delicto must be rooted in the court’s
pronouncement of the guilt or innocence of the accused. In such
cases, extinction of the criminal action due to the death of the accused
pending appeal inevitably signifies the concomitant extinction of the civil
liability

- prejudicial question – one which arises in a case, the resolution of which is a

logical antecedent of the issue involved in said case and the cognizance of which
pertains to another tribunal
- For the principle to apply, it is essential that there be 2 cases involved, a
civil and a criminal case
- Prejudicial questions must be decided before any criminal
prosecution may be instituted or may proceed
 34

Article 101 – Rules regarding civil liability in certain cases

🡪 General Rule: Exemption from criminal liability does not include

exemption from civil liability.
🡪 Exception: No civil liability in Art. 12, par. 4 and 7.
* par. 1, 2 ,3, 5 and 6, are not exempt from civil liability although exempt
from criminal liability

- Who are civilly liable for:

● ACTS OF INSANE OR MINOR EXEMPT FROM CRIMINAL LIABILITY
🡪 Primarily persons having legal authority or control over him, if at fault
or negligent (except if proven that they acted without fault or with due
diligence)
🡪 If there is not fault or negligence, or even with fault but are
insolvent and there are no persons having legal authority over them,
the PROPERTY OF THE INSANE, MINOR OR IMBECILE not exempt
from execution shall be held liable
● over 15 but under 18, with discernment
🡪 The father, and in case of death or incapacity, the mother are
responsible for the damages caused by the minor children who live in their
company
🡪 Guardians over minors who are under their authority and live in their
company
🡪 If there are no parents or guardian, the minor or insane person shall be
answerable with his own property in an action against him where a
guardian ad litem shall be appointed
* Final release of a child based on good conduct does not
remove his civil liability for damages
● Persons acting under an irresistible force or uncontrollable fear
🡪 Persons using violence or causing the fear are primarily liable;
if there are none, those doing the act are responsible

🡪 General rule: No civil liability in justifying circumstances.

🡪 Exception: Par. 4 of Art. 11, where a person does an act, causing
damage to another, in order to avoid evil or injury, the person
benefited by the prevention of the evil or injury shall be civilly liable in
proportion to the benefit he received
- Civil liability in case of state of necessity 🡪 those who benefited by the act are
liable. The court shall determine the proportionate amount for which each shall
be liable. If the government or majority of the inhabitants are held responsible,
such will be determined by special laws or regulations.
 35

Article 102 – Subsidiary civil liability of innkeepers, tavernkeepers, and

proprietors of establishments:
- THERE SHOULD BE NO NEGLIGENCE ON THE PART OF THE
TAVERNKEEPERS, INNKEEPERS, & PROPRIETORS OF ESTABLISHMENTS, THERE
SHOULD BE DUE DILIGENCE
● PAR. 1 REQUISITES:
o the innkeeper, tavernkeeper, or proprietor of the establishment or
his employee committed a violation of municipal ordinance or some
general or special police regulation
o a crime is committed in such establishment
o the person criminally liable is insolvent
* note: When all these a present, the innkeeper, tavernkeeper or any
other person or corporation is subsidiarily liable for the crime committed in
his establishment

● PAR. 2 REQUISITES:
o the guests notified in advance the innkeeper of the deposit of such
goods within the inn or house
o the guests followed the directions of the innkeeper or his
representative with respect to the care of and vigilance over such
goods
o such goods of the guests lodging therein were taken by robbery
with force upon things or theft committed within the inn or house

- employer and employee relationship

- he is engaged in an industry
- there is civil liability yet insolvent

Article 103 – SUBSIDIARY CIVIL LIABILITY OF OTHER PERSONS

- Elements:
● the employer, teacher, person or corporation is engaged in any kind of
industry
● any of their servants, pupils, workmen, apprentices or employees
commits a felony while in the discharge of their duties
● the said employee is insolvent and has not satisfied his civil liability

- “Industry” – any department or branch of art, occupation, business; especially

one which employs so much labor and capital and is a distinct branch of trade

- Note:
● Hospitals are not engaged in industry; hence they are not subsidiarily
liable for acts of nurses.
● Private persons without business or industry are not subsidiarily liable
 36

● A separate trial is not necessary to enforce the subsidiary liability of the

offender. The judgment obligee only needs to file a motion for subsidiary
execution. During the hearing of the said motion, it is incumbent upon the
movant to prove that:
o an employer-employee relationship exists
o the employer is engaged in an industry
o the convict committed the crime while in the discharge of his duties
o the writ of execution was returned unsatisfied
● The employer’s subsidiary liability arises when it is proved that the convict
committed the crime while at the service of the employer and the writ of
execution issued against the accused is returned unsatisfied. On the other
hand, if the convict committed the crime but not in the service of an
employer and he cannot pay his civil liability, Article 39 on subsidiary
penalty will apply.

What Civil Liability Includes

Article 104 – Civil liability under the Revised Penal Code:

● Restitution – In theft, the culprit is duty bound to return the property
stolen
● Reparation of damages – In case if inability to return the property
stolen, the culprit must pay the value of the property stolen
- In case of physical injuries, the reparation of the
damage caused would consist in the payment of hospital
bills, and doctor’s fees to the offended party
● Indemnification of consequential damages – the loss of salary or
earnings

Article 105 – RESTITUTION; how made:

● The restitution of the thing itself must be made whenever possible.
● CANNOT BE ORDERED BEFORE FINAL JUDGMENT – Restitution
would be premature in that case and a mere filing of a criminal action
for estafa is no proof that estafa was in fact committed.
● The thing itself shall be restored, even though it be found in the
possession of a 3rd person who has acquired it by lawful means
● This is not applicable in cases in which the thing has been acquired by the
3rd person in the manner and under the requirements which, by law, bar
an action for its recovery
- (example) Thus, an innocent purchaser for value of property covered by a
Torrens Title, CANNOT BE REQUIRED TO RETURN the same to its owner
who has been unlawfully deprived of it, because Section 39 of Act No. 496
specially protects the title of an innocent purchaser.
- When the sale is AUTHORIZED, the property cannot be recovered
- Must be acquired “AT A PUBLIC SALE” and “IN GOOD FAITH”
 37

- When the crime is not against property, no restitution or reparation of

the thing can be done

Article 106 – REPARATION; how made: (refers to crimes against property)

● Court shall determine the amount of damage, taking into
consideration the price of the thing, whenever possible, and its special
sentimental value to the injured party
- Reparation will be ordered by the court if restitution is not possible
- If there is no evidence as to the value of the things unrecovered, reparation
cannot be made

Article 107 – INDEMNIFICATION; what is included: (refers to crimes against

persons)
● Not only those caused the injured party
● But also those suffered by his family or a 3 rd person by reason of the
crime

CIVIL LIABILITY OF A PERSON CONVICTED OF THE CRIME OF RAPE WHEN

AN OFFSPRING RESULTS FROM THE RAPE
ART. 345 provide that persons guilty of rape, seduction or abduction shall be
sentenced to:
1. Indemnify the offended woman
2. Acknowledge the offspring, unless the law should prevent him from doing so
3. In every case, support the offspring
*the crime of rape committed by the accused carries with it the obligations to
acknowledge the offspring if the character of its origin does not prevent it and support
the same

Article 108 – Obligation to make restoration, reparation for damages, or

indemnification for consequential damages devolves upon the heirs of the
person liable
- And the action to demand the same likewise descends to the heirs of the
person injured

Article 109 – Share of each person civilly liable (if there are 2 or more persons) shall
be determined by the court
- SOLIDARY LIABILITY OF THE OFFENDERS

Article 110 – Preference in enforcement of subsidiary penalty:

● Against the property of the principal
● Against that of the accomplice
● Against that of the accessories

Article 111 – Obligation to make restitution in a certain case

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🡪 Any person who has participated gratuitously in the proceeds of a

felony; and in an amount equivalent to the extent of such participation

Extinction and Survival of Civil Liability

Article 112 – Civil liability is extinguished by:

● Payment of performance
● Loss of the thing due
● Condonation or remission of the debt
● Confusion or merger of the rights of creditor and debtor
● Compensation
● Novation

Article 113 –Obligation to satisfy civil liability:

● Unless extinguished, civil liability subsists even if the offender has served
sentence consisting in deprivation of liberty or other rights or has not
served the same, due to amnesty, pardon, commutation of the sentence
of any other reason.
● Under the law as amended, even if the subsidiary imprisonment is served
for non-payment of fines, this pecuniary liability of the defendant is not
extinguished.
● While amnesty wipes out all traces and vestiges of the crime, it
does not extinguish the civil liability of the offender. A pardon shall
in no case exempt the culprit from the payment of the civil indemnity
imposed upon him by the sentence.
● Probation affects only the criminal aspect of the crime.

INDETERMINATE SENTENCE LAW

- It modifies the imposition of penalties under both RPC and Special Laws. The sentence
must fix a minimum and a maximum period of penalty.
- It is indeterminate after the convict has served the minimum penalty when he
becomes eligible for parole and his continued stay in prison depends upon his conduct
inside. The minimum must be served. When released the rest of his sentence must be
under the supervision of the parole officer.
- PURPOSE: to uplift and redeem valuable human material, prevent unnecessary and
excessive deprivation of personal liberty and economic usefulness.
ISLAW is not applicable:
● Offenders who are:
1. Habitual delinquents
2. Escapees from confinement
3. Evaders of sentence
4. Violators of conditional pardon granted by the Chief Executive.
 39

5. Persons convicted of offenses punished with Death Penalty or Life

Imprisonment
6. Those convicted of treason, proposal or conspiracy to commit
treason, misprision of treason, rebellion, espionage, sedition
and piracy
7. Those convicted of offenses punishable Reclusion Perpetua
pursuant to Article 63 which provides that when the penalty imposed is
single and indivisible, the same shall be imposed without regard to any
modifying circumstance
8. Those whose maximum term of imprisonment does not exceed
one (1) year
9. Those already sentenced of final judgment at the time of the
approval of this act
10. Those sentenced to the penalty of destierro or suspension

~ Note that recidivists are entitled to an indeterminate sentence.

● Non-prison sentence of destierro, disqualification etc.
● Does not cover indivisible penalties
● Application of ISLAW is mandatory where imprisonment would exceed
one year

How does ISLAW operates:

● The sentence must state: “within the range of (for instance) prision mayor as
minimum and within the range of reclusion temporal as maximum”. This is
necessary because of the accessory penalties.
● The maximum period is determined by considering the presence of
modifying circumstances applying the rules in Article 64. Privilege
modifying circumstance must first be considered before applying the
said rules.
● The minimum is fixed at 1 degree lower than that provided by the Code
● The minimum must be taken from any period of the penalty next lower
in degree. The penalty next lower should be based on the penalty prescribed by
the code for the offense without first considering any modifying circumstances
attendant to the commission of the crime. The determination of the penalty is
left by the law to the sound discretion of the court and it can be anywhere within
the range of the penalty into which it might be subdivided. The modifying
circumstance are considered only in the imposition of the maximum
term of the indeterminate sentence
● For complex crime – the penalty for the most serious offense shall be
the basis for applying Indeterminate Sentence Law. The one degree lower
penalty should, conformably, with the penalty for the complex crime, be imposed
in its maximum period
o Get 1 degree of penalty imposed
o Minimum from 1 degree lower --- period discretionary
 40

o Apply rule on application / application of modifying circumstance

o Range: minimum of minimum and maximum of maximum

When crime is punished by a special law – The court shall sentence the accused to
an indeterminate penalty, the maximum term of which shall not exceed the maximum
fixed by said law and the minimum term shall not be less than the minimum prescribed
by the same.

When the crime is punished by the Code – the court shall sentence the accused to
an indeterminate penalty, the maximum term of which shall be that which, in view of
the attending circumstances could be properly imposed under the rules of the RPC, and
the minimum term of which shall be within the range of the penalty next lower to that
prescribed by the code for the offense.
- The penalty next lower must be based on the penalty prescribed by the Code for
the offense, without considering in the meantime the modifying circumstances,
such as, mitigating or aggravating circumstances.
- The modifying circumstances shall be considered only in the imposition of the
maximum term of the offender’s sentence
- For the crime of grave threats – punishable with a penalty next lower
by two degrees than that prescribed by law
- EXCEPTION: If there is a Privileged Mitigating Circumstance, the penalty
next lower in degree should be the starting point for determining the
MINIMUM of the indeterminate penalty.
- When accused is guilty of a COMPLEX CRIME: the penalty immediately
lower is the next below the penalty provided for the gravest crime
- When there is INCOMPLETE SELF-DEFENSE, without any ordinary
mitigating or aggravating circumstance: reduce penalty by two degrees
- When there is INCOMPLETE SELF-DEFENSE, with two (2) ordinary
mitigating circumstances and no aggravating circumstance: reduce the
penalty by three (3) degrees
- Not applied when it is unfavorable to the accused

Process/Procedure in the application of ISLAW

1. Determine the crime committed
2. Imposable penalty
3. Consider the circumstances
4. Determine if qualified for application of ISLAW

PROBATION LAW

- Probation is a special privilege granted by the State to qualify offender. It

essentially rejects appeals and encourages an otherwise eligible convict to immediately
admit his liability and save the time, effort, and expenses to jettison an appeal.
- Exception: R.A. No. 9344
 41

- The grant of probation rests primarily upon the discretion of the court which is to be
exercised primarily for the benefit of the society as a whole and only incidentally for the
benefit of the accused
- Probation is a mere privilege, not a right. Its benefits cannot extend to those
expressly excluded and it is an act of grace and clemency or immunity conferred by
the state which may be granted by the court to a seemingly deserving defendant who
thereby escapes the extreme rigors of the penalty imposed by law for the offense.

Objectives:
● To promote correction and rehabilitation of offender by giving him
individualized treatment (positivist theory).
● To provide better opportunity for the offender to reform.
● To prevent further commission of crimes as he is placed under the
supervision of a probation officer.
● To decongest the jails.
● The save the government much needed funds which would be spent on
maintaining him inside the jail.

- The application must be filed within the PERIOD FOR PERFECTING APPEAL as
prescribed in section 4. Prevailing jurisprudence treats appeal and probation as mutually
exclusive remedies.

Disqualified offenders:
1. Sentenced to a maximum term of more than 6 years (probation penalty is
6 years and below)
2. Convicted of subversion or any crime against national security or public
order
3. Previously convicted by final judgment of offense punishable by
imprisonment of not less than 1month and 1 day and/or a fine of not
less than 200 pesos
4. Who have been once on probation under the provisions of this Decree
5. Who are already serving sentence at the time the substantive provisions of this
Decree became applicable pursuant to Section 33 hereof

Conditions imposable on the grantee:

● Present himself to the probation officer designated to undertake his supervision
at such place as may be specified in the order within 72 hours from receipt
of said order;
● Report to the probation officer at least once a month at such time and
place as specified by said officer

* The court may also require the probationer to:

(a) Cooperate with a program of supervision;
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(b) Meet his family responsibilities;

(c) Devote himself to a specific employment and not to change said employment
without the prior written approval of the probation officer;
(d) Undergo medical, psychological or psychiatric examination and treatment and
enter and remain in a specified institution, when required for that purpose;
(e) Pursue a prescribed secular study or vocational training;
(f) Attend or reside in a facility established for instruction, recreation or residence of
persons on probation;
(g) Refrain from visiting houses of ill-repute;
(h) Abstain from drinking intoxicating beverages to excess;
(i) Permit the probation officer or an authorized social worker to visit his home and
place of work;
(j) Reside at premises approved by it and not to change his residence without its
prior written approval; or
(k) Satisfy any other condition related to the rehabilitation of the defendant and not
unduly restrictive of his liberty or incompatible with his freedom of conscience

TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME

INCLUDED IN EACH OF THEIR PERIODS

Time included Time included

Time included Time included
Penalties in the penalty in in its MINIMUM
in its MEDIUM in its MAXIMUM
its entirety period period period
14 years, 8
12 years & 1 day 17 years, 4
Reclusion 12 years & 1day - months & 1 day -
- 14 years & 8 months & 1 day -
Temporal 20 years 17 years & 4
months 20 years
months
Prision Mayor
Absolute
6 years & 1 day - 6 years &1 day - 8 years & 1 day - 10 years & 1 day
disqualification
12 years 8 years 10 years - 12 years
Temporary
disqualification
Prision
6months & 1 day 2 years, 4 months
Correccional 6 months & 1 4 years, 2 months
- 2 years & 4 & 1 day – 4 years
Suspension day - 6 years & 1 day - 6 years
months and 2 months
Destierro
1 month & 1 day 1 month - 2 2 months & 1 day 4 months & 1
Arresto Mayor
- 6 months months - 4 months day - 6 months
Arresto Menor 1 - 30 days 1 - 10 days 11 - 20 days 21 - 30 days