FUNDAMENTAL PRINCIPLES

CRIMINAL LAW
- Is a branch of municipal law which defines crimes, treats of their nature and provides
for their punishment
- it lays out a definition on when an act can be a crime same as through its treatment of its
nature (elements of the crime)
- It provides its punishment for a crime – there and will always be a punishment for a
crime under the criminal law
- These are laws implemented in order to regulate the character, attitude and on how
CJS works
THEORIES IN CRIMINAL LAW
1. Classical Theory- the basis of criminal liability is human free will and the purpose of the
penalty is retribution. It is endeavored to establish a mechanical ad direct proportion
between crime and penalty, and there is scant regard to human element.
- humans has their own free will, if and when a person will commit a crime then that is his
own choice
- criminal liability of the person is based on his voluntariness because we are all
reasonable persons
- the purpose of punishment in classical theory is retribution ―an eye for an eye, a tooth
for a tooth‖
- the punishment should be consummate to the crime committed
2. Positivist Theory- The basis of criminal liability is the sum of the social, natural and
economic phenomena to which the actor is exposed. The purposes of penalty are
prevention and correction. This theory is exemplified in the provisions regarding
impossible crimes, the mitigating circumstances of voluntary surrender and plea of guilty
and habitual delinquency.
- basis is the totality – on what are the factors and events that are happening in the
surrounding of the offender on why the person committed the crime
-purpose of punishment is prevention and correction in order for us to be a more lenient
society
3. Eclectic or Mixed Method Theory- It is a combination of positivist and classical thinking
wherein crimes that are economic and social in nature should be dealt in a positive

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manner, thus, the law is more compassionate. Ideally, the classical theory is applied to
heinous crimes, whereas, the positivist is made to work on economic and social crimes.
- This is the theory that we are following. This is the basis of our criminal law.
- to apply an equal grounding of lenient and strict criminal law
4. Utilitarian or Protective Theory- The primary purpose of punishment under criminal
law is the protection of society from actual and potential wrongdoers.
- basis and purpose is to punish
SOURCES OF CRIMINAL LAW OR PENAL LAWS

1. The Revised Penal Code (RPC) (Act No. 3815) and its amendments; - RPC is a
separate law
2. Special Penal Laws – passed by the congress
3. Penal Presidential Decrees – laws which are passed during the time of martial law
4. Penal Executive Orders – laws that are being implemented by the chief executive
(President) - does not in a sense that it will cover the whole act itself, if it does then it
needs to become a law that must be ratified (undergone a process from house of the
representatives, to the senate of the Philippines, until it will be signed by the
president)

CONSTRUCTION OF PENAL LAWS

When the law is clear and unambiguous, there is no room for interpretation but only for
the application of the law. However, if there is ambiguity:

1. Penal laws are strictly construed against the State and liberally in favor of the
accused.
2. In the interpretation of the provisions of the RPC, the Spanish text is controlling.

INTRODUCTION TO CRIME,
FELONY, OFFENSE
CRIME

· is an act or omission punishable by law.

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FELONY
· is an act or omission punishable by the Revised Penal Code
- An omission contemplated in criminal law means inaction; the failure to perform a
positive duty which one is bound to do. There must be a law requiring the doing or
performance of a duty
 There must be a law requiring the doing or performance of a duty (RPC)
- Omission is one of those felonies that are commonly committed by persons who
do not really perform an overt act. In order for them to be liable for a crime is
because they haven‖t done anything at all.

OFFENSE
· is an act or omission punishable by Special Penal Laws and Presidential Decrees

FELONY v. OFFENSE

FELONY OFFENSE

-offenses are on the other hand mala prohibita,

-felonies are generally crimes mala in se,
as they are not inherently evil but they become
meaning they are evil in its very nature
wrong as it is defined and prohibited by a law

-good faith or lack of criminal intent or - good faith, lack of criminal intent are not
negligence are valid defenses to escape generally valid as defenses it is enough that
criminal liability. the prohibition was voluntarily violated.

- criminal liability is generally incurred only

when the crime is consummated except when
-criminal liability is incurred even when the the special law defines that it can make a
crime is attempted or frustrated person liable even of it is on its attempted or
consummated stage or adopts the stages of
execution of the RPC

-the penalty of the offender is the same as they

-penalty is computed on the basis of whether are all deemed principals except if the special
he is a principal offender, accomplice or law defines the degree of participation of each
accessory offender or adopts the degree of participation
of the RPC

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 -such circumstances are not appreciated unless
-mitigating and aggravating circumstances are
the special law has adopted the scheme or
appreciated in imposing the penalties.
scale of penalties under the RPC.

Kinds of Felonies

1. Intentional Felonies (DOLO) – committed with criminal intent

-controlling element is INTENT

2. Negligent Felonies (CULPA) – where the wrongful acts results from imprudence, negligence, lack of
foresight or lack of skill

-controlling element is negligence, imprudence, lack or foresight or lack of skill

DOLO vs. CULPA

Basis DOLO CULPA

As to malice Act us malicious Not malicious
As to intent With deliberate intent Injury caused is unintentional, it
being an incident of another act
performed without malice
As to source of the wrong Has intention to cause a wrong Wrongful act results from
committed imprudence, negligence, lack of
foresight or lack of skill

REQUISITES OF DOLO – in order to be liable on criminal act

1. Criminal Intent – the purpose to use a particular means to affect such result

 you are performing an overt act because of that desired result

2. Freedom of Action – volunteers on the part of the person to commit the act or commission

3. Intelligence- means the capacity to know and understand the consequences of one’s act

 aware on the result of your action

REQUISITES OF CULPA

1. Criminal Negligence on the part of the offender, that is, the crime was the result of negligence,
reckless imprudence, lack of foresight or lack of skill

- There is no intent, but there is a wrongdoing which is unintentional because of a lacking element of the
act

2. Freedom of action on the part of the offender, that is, he was not acting under duress; and
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3. Intelligence on the part of the offender in performing the negligent act

Negligence and Imprudence

 Negligence – means deficiency in perception or lack of foresight or failure to pay proper

attention and to use due diligence in foreseeing the injury or damage to be caused
o Lack of foresight or deficiency in perception – you are not attentive there is no
presence of mind that causes injury or damage
 Imprudence – means any deficiency in action or lack of skill, or failure to take necessary
precautions to avoid in injury to another. It usually involves lack of skill
o Deficiency in action or lack of skill (i.e. reckless imprudence)

INTENT – refers to the use of particular means to affect the desired result. It is a mental state, the
existence of which is demonstrated by the overt acts of a person

- Is not readily available, because it is a mental state.

- How can you prove that there is intent by committing a crime? By demonstration of overt acts

MOTIVE – it is the moving power or force which impels a person to a desired result

- Does not necessarily mean that it really equate in intent. Because intent already has an overt
acts while motive are the reasons or moving power for a person to do something
- MOTIVE (General Rule)
 Motive is not an element of crime and becomes immaterial in the determination of
criminal liability
 Motive is a very important investigational technique in determining in who can be a
suspect. However it is not sufficient enough to prove that a person is the perpetrator

CLASSIFICATION OF FELONIES ACCORDING TO THEIR GRAVITY

1. GRAVE – those to which the law attaches the capital punishment or penalties in which in any of their
periods are afflictive, in accordance with Art 25 of the RPC

- Basis – dependent upon the penalty

- Capital punishment: Death penalty, reclusion perpetua / life imprisonment

-afflictive punishments: reclusion temporal and prision mayor

2. LESS GRAVE – those which the law punishes with penalties which in their maximum period are
correctional, in accordance with ART 25 of the RPC

- Basis – dependent upon the penalty

-Correctional – prision correctional and aresto mayor

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3. LIGHT – those infractions of law for the commission of which the penalty of arresto menor or a fine
not exceeding 200 pesos or both is provided

- Basis – dependent upon the penalty

CHARACTERISTICS OF CRIMINAL
LAW
CONSTRUCTION OF PENAL LAWS

When the law is clear and unambiguous, there is no room for interpretation but only for
the application of the law. However, if there is ambiguity:

1. Penal laws are strictly construed against the State and liberally in favor of the
accused.
2. In the interpretation of the provisions of the RPC, the Spanish text is controlling.

THREE CARDINAL FEATURES OR MAIN CHARACTERISTICS OF CRIMINAL LAW

1. GENERALITY
GR: The criminal law of the country governs all persons who live or sojourn within the
country regardless of their race, belief, sex, or creed
XPNS:

1. Treaty stipulations and international agreements

2. Laws of preferential application
3. The principles of public international law.

- R.A No. 75 – which states that if ever head of states, presidents, ambassadors, etc.
when in here in the Philippines the criminal law will not apply in that person.
- EDCA – military foreign forces (US) that visits in the Philippines for the balikatan
exercises, these personnel will not be liable as long as the crime committed or
injury happened in relation in balikatan exercises.
- Ex. Embassies

4. Members of Congress are not liable for libel or slander in connection with any speech

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 delivered on the floor of the house during a regular or special session

2. TERRITORIALITY
GR: The penal laws of the country have force and effect within its territory
XPN: EXTRA-TERRITORIALITY PRINCIPLE (Article 2, RPC)
Art. 2. Application of its provisions. — Except as provided in the treaties and laws of
preferential application, the provisions of this Code shall be enforced not only within the
Philippine Archipelago, including its atmosphere, its interior waters and maritime zone,
but also outside of its jurisdiction, against those who:
-if a crime was committed outside the Philippine territory, it will still be punished in the
jurisdiction of Philippines if:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or
obligations and securities issued by the Government of the Philippine Islands; chan robles
virtual law library
3. Should be liable for acts connected with the introduction into these islands of the
obligations and securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise of
their functions; or
5. Should commit any of the crimes against national security and the law of nations,
defined in Title One of Book Two of this Code.

FUNDAMENTAL RULES IN INTERNATIONAL LAW

§ FRENCH RULE- Flag State Principle, crimes committed aboard a foreign merchant
vessel within the territorial water of the Philippines are subject to the jurisdiction of the
flag state unless their commission affects the peace and security of our country.
- The vessel is subjected in the country where the vessel is registered, unless the
crime affected the peace and security of the Philippines
§ ENGLISH RULE- Coastal State Principle, crimes committed aboard a foreign merchant
vessel within the territorial water of the Philippines are subject to the jurisdiction of the
Philippines unless their commission does not affect the peace and security of our country,
or has no pernicious effect therein.
 This is more applicable in the Philippines
3. PROSPECTIVITY – the law looks forward never backward

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GR: Acts or omissions classified as crimes will be scrutinized in accordance with the
relevant penal laws if these are committed after the effectivity of those penal laws.
XPN: Whenever a new statue dealing with a crime establishes conditions more lenient or
favorable to the accused
Example: R.A. 9346 – act suspending/prohibiting the imposition of death penalty
XPN to the XPN:
The new law cannot be given retroactive effect even if favorable to the accused:
a. When the new law is expressly made inapplicable to pending actions or existing causes
of actions;
- it is written in the provision of the law
b. When the offender is a habitual criminal

CRIMINAL LIABILITY (ART. 4)

ELEMENTS OF CRIMINAL LIABILITY (ART 4, RPC)
There are two way in orders for a person to incur criminal liability

 Criminal liability is incurred by any person in the following way:

1. Committing a felony although the wrongful act done be different from that which he
intended (under paragraph 1)
- There is a commitment of felony however the result is not as what is intended
- nag commit ka ng felony pero iba ang naging result from your intention
2. Performing an act which would be an offense against persons or property, were it not
for the inherent impossibility of its accomplishment or on account of the employment of
inadequate or ineffectual means (IMPOSSIBLE CRIME)
Causes which may produce a result different from that which the offender intended (Par. 1)
1. Mistake of identity (ERROR IN PERSONAE) - the offender intends the injury on one
person but the harm fell on another. In this situation the intended victim was not at the
scene of the crime.
There are only two persons involved in the crime scene: the actual but unintended victim,
and the actual offender.

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 Example: A wants to kill B, so A in planning to kill B, he determined the time, place,
and did a well plan. A also knew that B walks in a specific route every 11 pm, so A
went to that street and waited for B. And suddenly A jumped on a walking person in
the dark alley and stabbed him several times, with the idea that B is that person
who is walking there. But it turned out that it was not B but it was person C.

- The very crucial here is the identity of the person to whom the crime was
committed, because in order for you to differentiate mistake of identity in the
aberration ictus.

2. Mistake in the blow (Aberratio Ictus) - a person directed the blow at an intended
victim, but because of poor aim, that blow landed on somebody else. In Aberration
Ictus, the intended victim and the actual victim are both at the scene of the crime.

There are three persons involved: the offender, the intended victim, and the actual
victim/unintended victim (the person where the crime was committed but it is not the
intended victim)

3. Injurious consequences are greater than that intended (Praeter Intentionem) - the
injury is on the intended victim but the resulting consequence is so grave a wrong than
what was intended. It is essential that there is a notable disparity between the means
employed or the act of the offender and the felony which resulted.

 It is very special because it can be considered as mitigating circumstance (it

will lessen the penalty)
 The offender has the intention to cause injury, however the injury that the
victim suffered is greater your intention
Example: A and B decided to fight 1v1; however because of A‖s strength B fell and
his head were bump into a sharp pavement which resulted to his death.
 The offender is still liable however he can claim mitigating circumstance
unlike ERROR IN PERSONAE and Aberratio Ictus which will make you liable
to the full extent of the crime committed.
 It is essential that there is a notable disparity between the means employed or the
act of the offender and the felony which resulted
o Meaning if the felony that is being committed is just the intended one
o In the example, the agreed act is only to have a 1v1 fist fight, however
person A brought out a knife and stabbed person B several times (there is a
disparity and mitigating circumstance I not applicable here)

Question assessment, to be asked after midterms: A and B went on a drinking

spree. While they were drinking, they had some argument so A stabbed B
several times. A‖s defense is that he had no intention to killing his friend and
that he did not intend to commit so grave a wrong as that committed. Is praefer
intentionem properly invoked? ANSWERAM DAYTOY MAQUITO OKETNAM
NU MALIPATAM
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 MISTAKE OF FACT
- The idea is that the person will not be criminally liable if mistake of fact is being
raised (nor considered as justifying and exempting circumstance)
- It is a separate concept which results from the acquittal or perhaps the non-
criminal liability of the person

 It is the misapprehension of facts on the part of the person who caused the injury to
another. He is not, however, criminally liable, because he did not act with criminal
intent. It is necessary that had the facts been true as the accused believed them to be,
the act is justified. Moreover, the offender must believe that he is performing a lawful
act.
 An honest mistake of fact destroys the presumption of criminal intent which arises
upon the commission of a felonious act.
 Example: US vs. Achong

REQUISITES OF MISTAKE OF FACT

1. That the act done would have been lawful had the facts been as the accused believed
them to be
2. That the intention of the accused in performing the act is lawful
3. That the mistake must be without fault or carelessness on the part of the accused.
PROXIMATE CAUSE
 This is the cause that resulted from an act

 Has been defined as that cause, which, in natural and continuous sequence, unbroken
by any efficient intervening cause, produces the injury, and without which the result
would not have occurred.
 AS a RULE, the offender is criminally liable for all the consequences of his felonious
act, although not intended, if the felonious act is proximate cause of the felony.
 Example: A is a farmer and he owns an axe covered in rust. One day because of
misunderstanding, A stabbed B that causes an injury. However, as time passes by
person B died due to tetanus infection which was found out that it was caused by
the injury of the rusted axe of person A.

EFFICIENT INTERVENING CAUSE (ang pipigil kay proximate cause)

It is an intervening active force which is a distinct act or fact absolutely foreign from the
felonious act of the accused
Death presumed to be the natural consequence of physical injuries inflicted

 The death of the victim is presumed to be the natural consequence of the physical
injuries inflicted, when the following facts are established:
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 1. That the victim at the time the physical injuries were inflicted was in normal
health
2. That death may be expected from the physical injuries inflicted.
3. That death ensued within a reasonable time

IMPOSSIBLE CRIME (ART 4 PAR. 2)

REQUISITES
- Impossible crime is a crime in itself
Elements:
1. Act performed would be an offense against persons or property – impossible crimes
only apply
 (example: against person: murder, homicide, rape, physical injuries, or
against property: robbery, theft, malicious mischief)
2. Act was done with evil intent
 However, even if the act was done with evil intent the accomplishment is
inherently impossible or means employed is either in adequate or in
effectual.
3. Accomplishment is inherently impossible or means employed is either inadequate or
ineffectual
 There was an act performed by the offender, however the problem is the
whole criminal act was not achieved because the employment of the means
are in adequate or ineffectual
4. Act performed should not constitute a violation of another provision of the RPC.
KINDS OF INHERENT IMPOSSIBILITY
1. LEGAL IMPOSSIBILITY- occurs where the intended acts, even if completed would not
amount to a crime.
 Example: A wants to kill B, while A was walking along the road, he saw B
lying flat in the waiting shed. And A thought that B is only sleeping, and A
brought out his knife and stabbed B however it was found out that before he
acted to kill B, B has already died due to heart attack.
 Is A liable to homicide? No because how can you kill a dead person (under
RPC book 2; homicide). There is a lacking element in the crime
 A then will be liable to an impossible crime to commit homicide

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2. PHYSICAL IMPOSSIBILITY- occurs where extraneous circumstances unknown to the
accused prevent the consummation of the intended crime.
 Example: A wants to steal from B, A then followed B and took his wallet.
Upon opening the wallet of B, A saw that it was empty, then A brought
back the wallet to B. And A‖s act was caught in the CCTV
 Can he be liable to a crime? Yes, impossible crime to commit theft. There
is a physical impossibility, why? How can you steal a wallet that is empty
PENALTY IMPOSED ON IMPOSSIBLE CRIMES

 The law imposes penalties to such crimes, having in mind the social danger and the
degree of criminality shown by the offender. The penalty imposed shall be that of
arresto mayor or a fine ranging from 200-500 pesos.

REASON FOR PENALIZING IMPOSSIBLE CRIMES

 To teach the offender a lesson because of his criminal perversity (evil intent). Although
objectively, no crime is committed, but subjectively, he is a criminal.

Question: Buddy always resented his classmates, Jun. One day, Buddy planned to kill Jun
by mixing poison in his lunch. Not knowingly where he can get poison, he approached
another classmate Jerry to whom he disclosed his evil plan. Because he himself harbored
resentment towards Jun, Jerry gave Buddy a poison, which, Buddy placed in Jun‖s food.
However he did not die because; unknown to both Buddy and Jerry, the poison was
actually powdered milk. What crime of crimes, if any, did Jerry and Buddy commit?

IMPOSSIBLE CRIME A FORMAL CRIME

 By its very nature, an impossible crime is a formal crime. It is either consummated or

not consummated at all. There is therefore no attempted or frustrated impossible
crime.

PHASES OF FELONY, STAGES OF

EXECUTION AND COMPLEX
CRIMES
Phases of FELONY
-is basically a starting point of stages of execution

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1. SUBJECTIVE PHASE- the portion of execution of the crime starting from the point
where the offender begins up to that point where he still has control over his acts. If the
subjective phase has not yet passed, the felony would be a mere attempt. If it already
passed, but the felony is not produced, as a rule, it is frustrated.
-attempted or frustrated
-offender still has control over your acts
2. OBJECTIVE PHASE- results of the acts of execution, that is, the accomplishment of the
crime.
-consummated crime
- If the felony has already produced
-offender does not have control over the acts
STAGES OF EXECUTION
CONSUMMATED FELONY

 A felony is consummated when all the acts necessary for its accomplishment and
execution are present.

FRUSTRATED FELONY

 A felony is frustrated when the offender performs all the acts of execution which
would produce the felony as a result, but which nevertheless do not produce it by
reason of causes independent of the will of the perpetrator.
 The offender performed all the acts of felony; however the felony (intent) was not
produced, why? Because of causes independent of the will of the perpetrator
 The measurement of whether it will be considered frustrated or not is the degree of
the injury that the offender inflicted to the victim.
o Injury Measurement: Under the decision of the SC, if it is a mortal wound
that was inflicted to the victim, then that will be considered as frustrated
felony. But if the injury is non-mortal/ non-lethal (di nakakamatay) wound
then that is attempted. The mortal and non-mortal wound is dependent on
the intent of the offender
o If the intent is to injure then that is under the physical injury

CRIMES WHICH DO NOT ADMIT OF A FRUSTRATED STAGE

1. RAPE- the gravamen of the offense is carnal knowledge, hence, the slightest
penetration to the female organ consummates the felony.
2. CORRUPTION OF PUBLIC OFFICERS- mere offer consummates the crime.
3. PHYSICAL INJURY- consummated at the instance the injuries are inflicted.
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4. ADULTERY- the essence of the crime is sexual congress
5. THEFT- the essence of the crime is the taking of the property belonging to another.
Once the thing has been, or in the possession of another, the crime is consummated.
ATTEMPTED FELONY

 When the offender commences the commission of a felony directly by overt acts, and
does not perform all the acts of execution which should produce the felony, by reason
of some cause or accident other than his own spontaneous desistance.
 Spontaneous desistance – conscience / nakonsensya kaya di mo na perform yung acts
of execution45
 If the reason why other acts of felony were not produced is because of his
spontaneous desistance, then he is not criminally liable or attempted felony.

INSTANCES WHEREIN THE STAGES OF A CRIME WILL NOT APPLY

1. Offenses punishable by Special Penal Laws, unless otherwise provided for
2. Formal Crimes – are always consummated
3. Impossible Crimes – all consummated

4. Crimes consummated by mere attempt

5. Felonies by omission
6. Crimes committed by mere agreement
CONTINUING CRIMES

 It is a single crime, consisting of a series of acts but arising from one criminal resolution

COMPLEX CRIMES AND COMPOSITE CRIMES

 PLURALITY OF CRIMES

- it is the successive execution by the same individual of different criminal acts upon any
of which conviction has yet been declared.
COMPLEX CRIME

 A complex crime exists when two or more crimes are committed but they constitute
only one crime in the eyes of the law. Here, there is only one criminal intent; hence,
only one penalty is imposed.

KINDS OF COMPLEX CRIME

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1.COMPOUND CRIME- when a single act constitutes two or more grave or less grave
felonies
REQUISITES:
a.Only a single act is performed by the offender
b.The single act produces:

1. i. two or more grave felonies

2. One or more grave and one or more less grave felonies

iii. Two or more less grave felonies

2. COMPLEX CRIME PROPER- when an offense is the necessary means for committing
the other.

REQUISITES:
a.At least two offenses are committed
b.One or some of the offenses must be necessary to commit the other
c.Both or all of the offenses must be punished under the same statute

3. SPECIAL COMPLEX CRIME OR COMPOSITE CRIME- is one in which the substance is

made up of more than one crime, but which, in the eyes of the law, is only single
indivisible offense

EXAMPLE OF SPECIAL COMPLEX CRIMES

1. Qualified Piracy, when piracy is accompanied by murder, homicide, physical injuries or
rape
2.Rape with homicide
3.Kidnapping with rape
4.Kidnapping with homicide
5.Kidnapping with physical injuries
6.Robbery with homicide
7.Robbery with rape
8.Robbery with physical injuries
9.Robbery with arson
PENALTY FOR COMPLEX CRIMES UNDER ART. 48
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GR: When a complex crime is committed, the penalty for the most serious crime in its
maximum period shall be imposed
XPN: When the law imposes a single penalty for special complex crime

CONSPIRACY AND PROPOSAL

CONSPIRACY

 Conspiracy exists when two or more persons come to an agreement concerning the
commission of a felony and decide to commit it.

REQUISITES:
1. Two or more persons came to an agreement
2. Agreement concerned the commission of a crime
3. Execution of a felony was decided upon.
*these two persons involved in the commission of a crime have their own respective
liability
RULE AS TO PARTICIPATION

 GR: When conspiracy exists, the degree of participation of each conspirator is not
considered because the act of one is the act of all, they have equal criminal
responsibility
 XPN: Even though there was conspiracy, if a co-conspirator merely cooperated in the
commission of the crime with insignificant or minimal acts, such that even without his
cooperation, the crime could be carried out as well, such co-conspirator should be
punished as an accomplice only.
o Even if the conspiracy is proven between two-three people it must be
shown in overt acts that indeed A, B and C performed the whole criminal
design with the end-view of perpetuating/consummating the crime.
o For instance, even though the three person conspired with each other, yet
A‖s only participation is to become a getaway driver thus he knows the
design of the crime, on the basis of the conspiracy A did not performed acts
in order to fully consummated the crime. In fact it is already after the crime
was consummated, A did his participation.

*Will the crime be consummated if and when the participation of that co-conspirator was
also present? If the answer is yes – he is just an accomplice, but if it yes, there is a need of

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the participation of the co-conspirator in order to consummate the crime then he must
have equal criminal liable with the other co-conspirators

TWO KINDS OF CONSPIRACY

1. CONSPIRACY AS A CRIME
 There is no conspiracy to commit a crime of murder and robbery as a crime, because it
was not defined in the RPC
 TRI ACTS - CT – these are the crimes that when the act of conspiring with each other is
already considered a crime
1. Treason
2. Rebellion
3. Insurrection
4. Arson
These are only crimes that are
5. Coup d‖état considered under the RPC and
Special Laws that are conspiracy as a
6. Terrorism
crime
7. Sedition
8. Child pornography and
9. Trafficking in persons
2. CONSPIRACY AS A BASIS OF INCURRING CRIMINAL LIABILITY
 Conspiracy as mode on how to execute the crime
PROPOSAL

 It is the first stage of conspiracy

 Proposal exists when the person who has decided to commit a felony proposes its
execution to some other persons or persons.

REQUISITES:

1. A person has decided to commit a felony

2. He proposes its execution to other person or persons
3. The proposal need not be accepted or else it shall be a conspiracy.
CONSPIRACY v. PROPOSAL

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BASIS CONSPIRACY PROPOSAL

As to its existence It exists when two or more persons There is proposal when the
come to an agreement concerning person who has decide to
the commission of a felony and commit a felony proposes its
decide to commit it execution to some other
person or persons
- there is a meeting of the minds

As to its occurrence Once the proposal is accepted, a Proposal is true only up to the
conspiracy arises point where the party to whom
the proposal was made has not
-because there is already two or yet accepted the proposal
more people coming to an
agreement concerning the
commission of the crime

As to the number of parties Conspiracy is bilateral. It requires Proposal is unilateral; one

two parties party makes a proposition to
the other.

CIRCUMSTANCES AFFECTING
CRIMINAL LIABILITY
CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY
1. ABSOLUTORY CAUSE- has the effect of an exempting circumstance as it is predicated
on lack of voluntariness
2. EXTENUATING CIRCUMSTANCES- has the effect of mitigating the criminal liability of
the offender.

JUSTIFYING CIRCUMSTANCES
JUSTIFYING CIRCUMSTANCES (ART 11, RPC)

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 These are those acts of a person said to be in accordance with law, such that a person
is deemed not to have committed a crime and is therefore free from both criminal and
civil liability.
 Effect: there will be no criminal liability and there is also no civil liability

Burden of proving the existence of justifying circumstances

 In cases where the accused interposes justifying circumstances, this prosecutorial

burden is shifted to the accused who himself must prove all the indispensable
ingredients of such defense.
 EL INCOMBIT PROBOTION QUI DECIT NON QUI NEGAT- He who asserts, not he
who denies, must prove.

 Burden of evidence is being transferred to the accused, the responsibility of proving to

the court that there is a justifying circumstance is the accused.
 For example, A killed B, a now raises the defense that he acted in self-defense. So
there is already an admission that a killed B, however A killed B for self-defense, so A
will be proving to the court that the justifying circumstances of self-defense are all
present.

Basis for these justifying circumstances

 The basis for these justifying circumstances is the lack of criminal intent and with the
maxim ACTUS NON FACIT REUM, NISI MENS SIT REA (an act does not make the doer
guilty, unless the mind is guilty), there is no crime and there is no criminal in the
situations contemplated in this article provided the respective elements are all
present.
 Criminal intent is absent

Civil liability in the circumstances mentioned in Article 11

 GR: Since there is no crime, necessarily there is no civil liability ex delicto.

 XPN: In paragraph 4 (state of necessity) , wherein civil liability may be adjudged
against those who benefited from the act which caused damage to the property of the
victim but spared their own properties from consequent damages. The civil liability in
paragraph 4 is provided for in Art 101, and is commendably in line with the rule against
unjust enrichment.
o There is a civil liability

JUSTIFYING CIRCUMSTANCES
1. Self-Defense (Art 11, Par1.)

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  Self-defense includes not only the defense of the person or body of one assaulted
but also that of his rights, the enjoyment of which is protected by law. Thus, it
includes:
1. Defense of person‖s home
2. Defense of rights protected by law
3. The right to honor
4. The defense of property rights can be invoked if there is an attack upon the
property although it is not coupled with an attack upon the person of the
owner of the premises. All the elements for justification must however be
present
5. Self-defense in libel-physical assault may be justified when the libel, is aimed
at the person‖s good name, and while the libel is in progress, on libel
deserves another.
Reason for justifying self-defense
 It is impossible for the state to protect all its citizens. Also a person cannot just give
up his rights without resistance being offered
Effects of Self-Defense
1. When all the elements are present – the person defending himself is free from criminal
liability and civil liability
2. When only a majority of the elements are present-privileged mitigating circumstance
(the decrease of penalty is by degrees), provided there is unlawful aggression
*Majority of the elements – UNLAWFUL AGGRESSION must always be present as one of
the majority elements
A. Anyone who acts in defense of his person or rights, provided that the following
circumstances concur: REQUISITES OF SELF-DEFENSE
1. First. Unlawful aggression; - the reason why you are doing self-defense
2. Second. Reasonable necessity of the means employed to prevent or repel it;
3. Third. Lack of sufficient provocation on the part of the person defending himself.
NATURE OF SELF-DEFENSE
 The rule consistently adhered to in this jurisdiction is that when the accused‖s
defense is self-defense he thereby admits being the author of the death of the
victim, thus it becomes incumbent upon him prove the justifying circumstances to
the satisfaction of the court

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  To whom will unlawful aggression come? It will come from the victim, because he
was the one who was injured or died
I. Nature of the Unlawful aggression
 For unlawful aggression to be appreciated, there must be an “actual, sudden and
unexpected attack, or imminent danger thereof, not merely a threatening or
intimidating attitude” and the accused must be present proof of positively strong
act of real aggression
 Unlawful aggression must be something that will push you to retaliate – it will
create a level of danger that must have no choice but to defend himself by reason
of self-preservation
Elements of Unlawful Aggression
1. There must be a physical or material attack or assault
2. The attack or assault must be actual, sudden and unexpected attack, or at least
imminent
3. The attack or assault must be unlawful
* The unlawful aggression from the time that you were attacked (the time it started), up
until the time that you defended yourself the unlawful aggression must still exist. While
unlawful aggression still exists, then that must also the time that you defended your self
Kind of thereat that will amount to unlawful aggression
 In case of threat, it must be offensive and strong, positively showing the wrongful
intent to cause injury. It presupposes actual, sudden, unexpected or imminent
danger – not merely threatening and intimidating action. It is present only when
the onw attacked faces real and immediate threat to one‖s life
 The threat must be coupled an overt act
Test for unlawful aggression in self-defense
 The test for the presence of unlawful aggression under the circumstances is
whether the aggression from the victim put in real peril the life or personal safety
of the person defensing himself. (People v. Mapait, GR NO. 1722606, Nov. 23,
2011)
II. Elements of Reasonable necessity of the means employed to prevent or repel it
*How acceptable the action taken in self-defense
1. Nature and quality of the weapon used by the aggressor
2. Physical condition, character, size and other circumstances of both the offender and the
defender
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3. Place and occasion of the assault
*these elements mentions about the circumstances about the victim and the offender
III. Lack of sufficient provocation
 Sufficient provocation should not come from the person defending himself, and it
must immediately precede the aggression
Example:
A, unlawfully attacked B with a knife. B then took out his gun which caused A to run away,
B after treating his wounds, pursued A and shot him. Can B invoke self-defense?
 No, the unlawful aggression which has begun no longer exists. When the aggressor
runs away, the one making a defense has no more right to kill or even to wound the
former aggressor. In order to justify homicide on the ground of self-defense, it is
essential that the killing of the deceased by the defendant be simultaneous with
the attack made by the deceased, or at least both acts succeeded each other
without appreciable interval of time

2. Anyone who acts in defense of the person or rights of his spouse, ascendants,
descendants, or legitimate, natural or adopted brothers or sisters, or of his relatives by
affinity in the same degrees, and those by consanguinity within the fourth civil degree,
provided that the first and second requisites prescribed in the next preceding
circumstance are present, and the further requisite, in case the provocation was given by
the person attacked, that the one making defense had no part therein.
3. Anyone who acts in defense of the person or rights of a stranger, provided that the first
and second requisites mentioned in the first circumstance of this article are present and
that the person defending be not induced by revenge, resentment, or other evil motive.
4. Any person who, in order to avoid an evil or injury, does an act which causes damage to
another, provided that the following requisites are present:
- First. That the evil sought to be avoided actually exists;
- Second. That the injury feared be greater than that done to avoid it;
- Third. That there be no other practical and less harmful means of preventing
it.
5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or
office.
6. Any person who acts in obedience to an order issued by a superior for some lawful
purpose.

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Defense of a Relative
1. Unlawful Aggression – comes from the victim
2. Reasonable necessity of the means employed to prevent or repel it – comes from the
relative defending the other relative
3. In case provocation was given by the person attacked the one making the defense had
no part therein
RELATIVES COVERED UNDER PARAGRAPH 2:
SADLNABSAC
 Spouse, ascendants, descendants, or legitimate, natural or adopted brothers or
sisters, or his relatives by affinity (relative by marriage –inlaws) in the same
degrees and those consanguinity (second cousin, relative by blood) within the
fourth civil degree
Defense of a Stranger
1. Unlawful aggression
2. Reasonable necessity of the means of the means employed to prevent or repel it
3. That the person defensing must not be induced by revenge, resentment or other evil
motive
2. Anti-Violence against Women and Their Children Act of 2004 (RA 9262)
A. Battered Woman
- A woman, who is repeatedly subjected to any forceful physical or psychological behavior
by a man in order to coerce her to do something he want her to do without any concern
for her rights.
- The concept of battered woman came from jurisprudence (decided case) of People v.
Marivic Henosa
- Why woman? Because women are part of the vulnerable victims in physical or
psychological
- Perpetrator must be a MAN
CYCLE OF VIOLENCE
– Where woman must undergo to be consider that her situation is something that is
already affecting not only her physical aspect but also the psychological, emotional and
mental aspect

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  The battered woman syndrome is characterized by the so-called cycle of violence,
which has 3 phases:
1. Tension building phase – verbal
2. Acute battering incident – physical violence
3. Tranquil, loving phase
*Must undergo 2 cycles from the mentioned 3 phases to be considered as a batter woman
syndrome
* if the violence being inflicted by the husband is already too much, then wife killed his
husband without undergoing 2 cycle then it is not batter woman syndrome, instead self-
defense can be raised, for self-preservation.
*why must undergo 2 cycle? Because sometimes women tend not to automatically react
impulsively. Women are fragile
BWS USED A DEFENSE
 Victim survivors who are found by the courts to be suffering from battered woman
syndrome do not incur any criminal or civil liability notwithstanding the absence of
any of the elements for justifying circumstances of self-defense under the RPC
 In the determination of the state of mind of the woman who was suffering from
battered woman syndrome at the time of the commission of the crime, the courts
shall be assisted by expert psychiatrists/psychologists
WOMEN WHO CAN AVAIL OF BWS AS A DEFENSE
1. Wife
2. Former Wife
3. A woman with whom the person has or had a sexual or dating relationship
4. A woman with whom he has a common child, or against her child whether
legitimate or illegitimate, within or without the family abode
*There is a relationship with a man, even if the relationship does no longer exist,
sometimes because of that previous relationship there can be a great chance that violence
can be inflicted to the woman

AVOIDANCE OF A GREATER EVIL OR STATE OF NECESSITY (ART 11 PAR. 4)

-there is a civil liability because there is a damage done

 Requisites of State of Necessity

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 1. That the evil sought to be avoided actually exist;
2. That the injury feared be greater than that done to avoid it;
3. That there be no other practical and less harmful means of preventing it

PERSON INCURRING BENEFIT IS CIVILLY LIABLE

 The persons for whose benefit the harm has been prevented shall be civilly liable in
proportion to the benefit which they received.

FULFILLMENT OF DUTY (ART.11 (5) RPC)

-applicable to the members or the Law enforcing and government

 Requisites of fulfillment of duty

1. Accused acted in the performance of a duty or in the lawful exercise of a right
or office
 if the accused will raise the fulfillment of duty, it is needed he must be
acting in the performance of his duty or lawful exercise of a right or
office – the accused must have a sworn authority to perform an act
(HAVE BEEN AUTHORIZED)
2. Injury caused or offense committed be the necessary consequence of the due
performance of duty or the lawful exercise of such right or office
 Usage of force is only a LAST RESORT in order to complete or exercise
the right or office

OBEDIENCE TO AN ORDER ISSUED FOR SOME LAWFUL PURPOSE (ART. 11(6), RPC)

 Requisites or obedience to an order issued for some lawful purposes

1. An order has been issued by a superior
2. Such order must be for some lawful purpose
3. Means used by the subordinate to carry out said order is lawful

MATERIALITY OF GOOG FAITH ON THE PART OF THE SUBORDINATE

 If he obeyed an order in good faith, not being aware of its illegality, he is not liable.
However, the order must not be patently illegal. If the order is patently illegal, this
circumstance cannot be validly invoked.
 At first order you are in good faith or you don‖t have any knowledge about the falsity
of the order.
 The liability will be in the superior when proven that you carried out an illegal order
with good faith.

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Exempting Circumstances (Art. 12, RPC)

1. An imbecile or an insane person, unless the latter has acted during a lucid interval

2. A child fifteen years of age or under is exempt from criminal liability under RA 9344

3. A person over fifteen years of age and under eighteen, unless he has acted with discernment, in
which case such shall be subject to appropriate proceedings under RA 9344

4. Any person who, while performing a lawful act with due care, causes an injury by mere accident
without the fault or intention of causing it

5. Any person who acts under the compulsion of an irresistible force

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

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

Basis for the Exemption from Criminal Liability

Exempting Circumstance Basis

Insanity / Imbecility Lack of intelligence
Minority Lack of intelligence
Accident without fault or intention of causing it Lack of criminal intent
Compulsion of irresistible force Lack of freedom
Uncontrollable fear Lack of freedom
Prevented by some lawful insuperable cause Lack of criminal intent

Note! In exempting circumstances, the lacking element is more specific rather than justifying
circumstance that is absolute which criminal intent is the absent.

Justifying Circumstance v. Exempting Circumstances

Basis Justifying Circumstance Exempting Circumstance

As to its effect The circumstance affects the act, The circumstance affect the actor
not the actor
-we look at the crime committed
As to existence of a The act complained off is Since the act complains of is actually
crime considered to have been done wrong, there is a crime. But because
within the bounds of law; hence, it the actor acted without
deemed as if no crime is committed voluntariness, there is absence of
dolo or culpa. Hence, there is no
criminal.
-the act committed by the offender is
wrong and there is a crime. But
because there is an absent of a single
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 element therefor there is no criminal.
As to liability Since there is no crime or criminal, Since there is a crime committed but
there is no criminal liability as well there is no criminal, there is civil
as civil liability liability for the wrong done.
- A person who raises the However, in paragraphs 4 and 7 of
justifying circumstance is Article 12, there is neither criminal
automatically no criminally nor civil liability.
and civilly liable - The offender is not criminally
liable; however the offender
is civilly liable.
Imbecility and Insanity (Art 12 (1), RPC)

Basis Imbecility Insanity

Definition An imbecile is one who, while Insanity exists when there is a
advanced in age, has a mental complete deprivation of intelligence
development comparable to that of in committing the act
children, between two to seven - completely deprived of
years of age rational reasons
- mentally retarded
individuals
Existence of lucid No lucid interval There is lucid interval
interval
Exemption from Exempt from criminal liability in all Not exempt from criminal liability if it
criminal liability cases can be shown that he acted a lucid
interval

*Paragraph 1 of Art. 12 – Any person who is an imbecile or insane person, unless the latter acted
during a lucid interval. The latter that is being referred is an insane person, because lucid interval
is on his right mind. Insane person may experience episode of insanity but there will be times that
he will be back on his right mind.

WHAT IS THE IMPORTANCE OF LUCID INTERVAL IN INSANITY? If the insane person

committed the crime while he is in the state of lucid interval, then he is not exempted therefore
makes him a criminally liable.

*The offender was insane before, however he was not insane during the commission of the crime
and became insane after. CAN HE BE LIABLE? Yes, because what we are looking at is whether or
not the person committed the crime when he was insane.

Tests for exemption on Grounds of Insanity (according to the SC)

1. TEST OF COGNITION – whether the accused acted with complete deprivation of intelligence in
committing said crime

- classic insanity

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2. TEST OF VOLITION – whether the accused acted in total deprivation of freedom of will

- Uncontrollable act/will ; example: dementia precox, homicidal tendencies

Note! A person cannot automatically declare to the court that he is insane that makes you
automatically insane

Presumption is in Favor of Sanity (the law will always presume that you are in the right mind
when you committed the crime)

- The defense must prove that the accused was insane at the time of the commission of the
crime
- Mere abnormalities of the mental facilities are not enough

*Mere abnormalities of mental facilities are not enough; you must prove to the satisfaction of the
court that you indeed committed the crime not in your complete intelligence or freedom of will.

Effects of Insanity of the Accused

1. At the time of the commission of the crime – exempted

2. During trial – proceeding suspended until the mental capacity of the accused is restored to
afford him fair trial. Accused is then committed to a hospital

- If the person becomes insane during undergoing trial, the court must order the
suspension of the proceedings, in order to let the accused restore his 100% mental
capacity

- To also afford the accused a due process and fair trial

3. After Judgment or while serving sentence – execution of judgment is suspended and the period
of confinement is the hospital is counted for the purpose of the prescription of the penalty

- It is the responsibility of the court and the correction to order for the suspension of the
execution of the judgment and transfer that convicted felon to a confinement in a mental
facility

Other Instances of Insanity

1. Dementia praecox (schizophrenia)

2. Kleptomania

3. Epilepsy

4. Somnambulism / Seep –walking

Minority
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 - DISCERNMENT – is the mental capacity to understand the difference between right and
wrong including the capacity to fully appreciate the consequences of his unlawful act
- Such capacity may be known and should be determined by taking into consideration all the
facts and circumstances afforded by the records in each case, the manner the crime was
committed, and the conduct of the offender after its commission

*number one thing that must be considered is not the child‖s age, but to ask the question whether
or not the minor committed the crime with discernment. Because the discernment qualification
will determine whether or not the child is criminally liable

*WHO WILL DETERMINE? The Local Social Welfare Development Officer (DSWS) on whether or
not the child who is above 15 and below 18 when he committed a crime knows the distinction
between right or wrong, the consequences of committing the act. If the child knows then he is
criminally liable, if not then the child is exempted

MINIMUM AGE OF CRIMINAL RESPONSIBILITY AND TREATMENT OF CHILD BELOW THE

AGE OF RESPONSIBILITY (RA 9344 AS AMENDED BY RA 10630)
Age of Bracket Criminal Liability Treatment
15 years old or below Exempt The child shall be subjected to a
community based intervention
program
Above 15 but below 18, Exempt The child shall be subjected to a
who acted without community-based intervention
discernment program
Above 15 but below 18, Not Exempt Such child shall be subjected to a
who acted with - Will then undergo formal diversion program
discernment proceeding however guided
by RA 9344
*The child will still serve his sentence when convicted guilty, however mitigating circumstance till
be applied

*WHO WILL DETERMINE THAT THE CHILD COMMITTED A CRIME WITH DISCERNMENT / A
PERSON WHO IS AUTHORIZED TO TESTIFY THE FACT? Under RA 9344, Local Social Welfare
Development Officer (DSWD)

ACCIDENT WITHOUT FAULT OR INTENTION OF CAUSING IT

- The person will not be criminally and civilly liable
Conditions necessary to exempt a person from liability under subsection 4 of Article 12 of the
RPC:
1. That the act causing the injury be lawful; that is, permitted not only by law but also by
regulations

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 2. That it be performed with due care
3. That the injury be caused by mere accident
4. That there be no fault or intention to cause the injury

*Note! Number one that must always remember is that there must be NO NEGLIGENCE OR NO
IMPRUDENCE IN THE PART OF THE OFFENDER

IF NOT ALL CONDITIONS ARE PRESENT, SHALL BE CONSIDERED AS :

- RECKLESS IMPRUDENCE: if the act is executed without taking those precautions of

measures which the most common prudence would require

- SIMPLE IMPRUDENCE: if it is a mere lack of precaution in those cases where the either
the threatened harm is not imminent or the danger us not openly visible

EXEMPTION FROM CRIMINAL AND CIVIL LIABLITY

- The infliction of the injury by mere accident, does not give rise to a criminal or civil liability,
but the person who caused the injury is duty bound to attend to the person who was
injured

COMPULSION OR IRRESTIBLE FORCE

- IRRESISTABLE FORCE – it is a degree of which is external or physical which reduces the

person to a mere instrument and the acts produces are done without an against his will
o The person is used as a mere puppet / the person is compelled to act
o The irresistible force is really directed to that person who will perform the act
against his will

REQUIAITES OF COMPULSION OF IRRESISTABLE FORCE

1. Compulsion is by means of physical force

- It is directed to the person whom will perform the act

NATURE OF PHYSICAL FORCE

- The forced must be irresistible to reduce the actor to a mere instrument who acts
not only without will but against his will. The duress, force, fear or intimidation
must be present, imminent and impending and of such a nature as to induce a well-
grounded apprehension of death or serious bodily harm if the act is done.

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 - A threat of future injury is not enough. The compulsion must be of such a
character as to leave no opportunity to the accused for escape or self-defense in
equal combat.

2. Physical force must be irresistible

3. Physical force must come from a third person

UNCONTROLLABLE FEAR

-absent of freedom of voluntariness

- Basis for this exempting circumstance

Three basis is complete absence of freedom
1. Threat, which causes the fear, is of an evil greater than or at least equal to that
which he is required to commit

2. It promises an evil of such gravity and imminence that the ordinary man would
be succumbed to it
*There is an existence of fear
Example: Two robbers went to a bank to rob the bank; they set all the people out and kept
the bank manager as hostage because the manager knows all about the content of the
vault. The manager insisted to assist the robbers and one of the robber‖s companion
threaten the manager with his daughter.

IRRESISTABLE FORCE VS. UNCONTROLLABLE FEAR

IRRESISTABLE FORCE UNCONTROLLABLE FEAR

A person is compelled by another to commit a A person is compelled by another to commit a
crime by means of violence crime by means of intimidation or threat
There irresistible force must have been made to The uncontrollable fear may be generated by a
operate directly upon the person of the accused threatened act directed to a third person such
and the injury feared may be of a lesser degree as the wife of the accused who was kidnapped,
that the damage caused by the accused but the evil feared must be greater or at least
equal to the damage caused to avoid it

PREVENTED BY SOME LAWFUL OR INSUPERABLE CAUSE

- BASIS : the absence of intent
- INSUPERABLE CAUSE : some motive which has lawfully, morally, or physically prevented
a person to do what the law commands

REQUISITES UNDER THIS EXEMPTING CIRCUMSTANCE

1. An act is required by law to be done

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 2. A person fails to perform such act

3. Failure to perform such act was due to some lawful or insuperable cause

Example: Juan saw a dying man on the street crawling towards him due to multiple gunshots on his
body. Now, Juan saw the suspect carrying a man attempting to kill the dying man in front of him
for the final blow. Juan ran off and failed to help the victim.

Therefor Juan can now raise insuperable cause

MITIGATING CIRCUMSTANCES (ART 13, RPC)

- Mitigating circumstances are those which if present in the commission of the crime, do not
entirely free the actor from criminal liability but serve only to reduce the penalty

Basis of Mitigating Circumstances

- The basis is diminution of either freedom of action, intelligence, or intent or on the lesser
perversity of the offender
- Dependent on what kind of mitigating circumstance

Ordinary Mitigating v.s Privileged Mitigating

Ordinary Privileged
Can be offset by aggravating circumstances Can never be offset by any aggravating
circumstance
Ordinary mitigating circumstances, if not offset, Privileged mitigating circumstances operate to
will operate to reduce the penalty to the reduce the penalty by one to two degrees
minimum period, provided the penalty is a depending upon what the law provides
divisible one
-the degree of how it will go down is by
-it will operate to reduce the penalty to the DEGREE of penalty
minimum period

-Example: If the penalty is Prision Mayor

maximum, 1period degree lower, it becomes
prision mayor medium. If there is 2 mitigating
circumstance, it goes down to prision mayor
minimum.

-the level of decrease is by PERIOD (Minimum,

medium, and maximum)

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*Offset rule: If in one certain case, if there is an aggravating circumstance and mitigating
circumstance which is an ordinary mitigating circumstance, it will be subject to the offset rule.
Meaning the aggravating circumstance and the mitigating circumstance will cancel out each other.

*If the present is privileged mitigating circumstance it cannot be subjected to offset rule.

Basis of Mitigating Circumstances

- The basis is diminution of either freedom of action, intelligence, or intent or on the lesser
perversity of the offender.

-the degree of how he committed the crime, the degree of voluntariness, and the degree of
intelligence was decreased.

Circumstances which can Mitigating Criminal Liability

1. Incomplete justifying or exempting circumstance

2. The offender is under 18 or over 70 years old
3. Praeter intentionem
4. Sufficient threat or provocation
5. Vindication of a grave offense
6. Passion or obfuscation
7. Voluntary surrender
8. Physical defect
9. Illness of the offender
10. Similar and analogous circumstances

Privileged Mitigating Circumstances under the RPC

1. When the offender is above 15 but below 18 years of age who committed a crime with
discretion
2. When the crime committed is not wholly excusable
– if the elements of justifying and exempting circumstances are incomplete yet there is
unlawful aggression, therefore it falls under PM
3. When there are two or more mitigating circumstances. The court shall impose the penalty
nest lower to that prescribed by law, in the period that it may deem applicable, according
to the number and nature of such circumstances
-if there is 2 ordinary mitigating, the law will treat it as 1 privilege mitigating circumstance
4. Voluntary release of the person illegally detained without the offender attaining his
purposes and before the institution of the criminal action.
-acts of illegal detention if there is an act of the person that will show that he voluntarily
release the victim prior to the filing of the case or in fact without the offender committing
other crimes

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 5. Abandonment without justification by the offended spouse in case of adultery
6. Concealing dishonor in case of infanticide

Incomplete Justifying or Exempting Circumstance

- It means that not all requisites to justify the act are present or not all the requisites to
exempt from criminal liability are present

Effect on Criminal Liability of the Offender of Incomplete Justifying Circumstances or Incomplete

Exempting Circumstances

If less than the majority of the requisites necessary to justify the act or exempt from criminal
liability are present, the offender shall only be entitled to an ordinary mitigating circumstance.

If a majority of the requisites needed to justify the act or exempt from criminal liability are
present, the offender shall be given the benefit of a privileged mitigating circumstance.

Condition necessary before Incomplete Self-Defense, Defense of Relative, or Defense of Stranger

may be Invoked

The offended party must be guilty or unlawful aggression. Without unlawful aggression, there can
be no incomplete self-defense, defense of a relative, or defense of stranger.

Under 18 or Over 70 years old

*not because you are a senior does not meant you are automatically exempted from criminal
liability

 Coverage:
Offenders who are
1. Over 15 but under 18 years old who acted with discernment
2. Over 70 years old

*Over 70 – meaning starts at 71 which make the person applicable for Senility

Senility and It‖s Effects

 Senility or second childhood is generally used to describe the state of a person of very old
age with impaired or diminished mental faculties similar to but not on the level of the early
years of infancy
o With respect on the concept of mental deterioration – due to old age the person
already forgets what to do right and wrong, basically renders the person suffering
from senile dementia.
 It can, at most, be only mitigating, unless the mental deterioration has become a case of
senile dementia approximating insanity, in which case it may be considered as an
exempting circumstance

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Legal Effects of the Various Age Brackets

Age Bracket Effect on Criminal Liability

15 and under Exempting Circumstance
Over 15 under 18 Exempting Circumstance, if he acted without discernment.
Mitigating circumstance, if he acted with discernment
18 to 70 Full criminal responsibility
Over 70 Mitigating circumstance; no imposition of death penalty;
execution of death sentence if already imposed is suspended and
commuted

No Intention to Commit so Grave a Wrong (Praeter Intentionem)

 BASIS: Diminution of intent

 FACTORS IN ORDER TO ASCERTAIN INTENTION
1. The weapon used
2. The part of the body injured
3. The injury inflicted
4. The manner it is inflicted

Sufficient Threat or Provocation

 BASIS: Loss of reasoning and self-control, thereby diminishing the exercise of his will
power
 Threat should not be offensive and positively strong because if it was, the threat to inflict
real injury becomes an unlawful aggression which may give rise to self-defense and thus,
no longer a mitigating circumstance
 The threat must be coupled with the idea of making you lose your reasoning and self-
control

Requisites of Sufficient Threat or Provocation

1. Provocation must be sufficient

2. It must originate from the offended party
3. It must be immediate to the act

Vindication of a Grave offense

 BASIS: Loss of reasoning and self-control, thereby, diminishing the exercise of his will
power
 This has reference to the honor of a person. It concerns the good names and reputation og
the individual
 Remember: Article13 did not use the word revenge, instead it uses vindicate of grave
offense

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Requisites of Vindication of a Grave Offense

1. Grave offense has been done to the one committing the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted brothers or sisters, or relatives by arrinity
within the same degree
2. A felony is committed in vindication of such grave offense

Voluntary Surrender and confession of guilt

 BASIS: the basis is the lesser perversity of the offender. The offender is willing to accept
the consequences of the wrong he has done which thereby saves the government the
effort, time and expenses to be incurred in searching for him.

Mitigating Circumstance under the Paragraph

1. Voluntary surrender to a person in authority or his agents

2. Voluntary confession of guilt before the court prior to the presentation of evidence for the
prosecution

When both are present, they should have the effect of two independent mitigating circumstances

Requisites of Voluntary Surrender

*concept: is to lessen the expenses of the government and effort of the authority in arrested the
person

*voluntary surrender does not mean you are admitting your guilt you are just subject yourself to
the jurisdiction of the court, because voluntary surrender has two ways: you know that it will
reduce your penalty and in order for you to have the benefit of doubt that you have nothing to
hide.

1. Offender had not been actually arrested

2. Surrender was made to a person in authority of the latter‖s agent
3. Surrender was voluntary

Surrender Considered as Voluntary

- Surrender is considered voluntary when spontaneous demonstrating intent to submit

himself unconditionally to the person in authority or his agent. Whether a warrant of
arrest had been issued against the offenders is immaterial and irrelevant. The criterion is
whether or not the offender had gone into hiding or had the opportunity to got into hiding
and the law enforcers do not know of his whereabouts.

Requisites of Confession of Guilt

- Confession of guilt on the crime charged

- Admission, means you are admitting a material fact in the offense charged
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 1. The offender voluntarily confessed his guilt
2. It was made in open court (that is before the competent court that is to try the case) –
while ongoing trial
3. It was made prior to the presentation of evidence for the prosecution

*If the person confessed after or during the presentation of the evidence by the prosecution, the
confession will be immaterial

Plea of Guilty not Applicable to all Crimes

- A plea of guilty is not mitigating in culpable felonies (Art. 364 of the RPC), and in crimes
punished by special laws
- Plea of guilt is only applicable in intentional felonies

Conditional Plea of Guilty

- To be mitigating, the plea of guilty must be without conditions. But conditional plea of
guilty may still be mitigating if the conditions imposed by the accused are found to be
meritorious
- If the conditional plea of guilty that has a meritorious reason that is dependent upon to
some discretion of the honorable court, then it may be mitigating.

Physical Defect

 BASIS: The basis is the diminution of the element of voluntariness

 Physical Defect: A person‖s physical condition, such as being deaf and dumb, blind, armless,
cripple, or stutterer, whereby his means of action, defense or communication with other
are restricted or limited. The physical defect that a person may have must have a relation
to the commission of the crime

Requisites:
1. The offender is deaf and dumb, blind or otherwise suffering from some physical
defect
2. Such physical defect restricts his means of action, defense, or communication with
his fellow beings

Illness of the Offender

 BASIS: The basis is diminution of intelligence and intent

 Requisites of Illness of the Offender
1. Illness of the offender must diminish the exercise of will power
2. Such illness should deprive the offender the consciousness of his acts

Aggravating Circumstances (Article 14)

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  Will not exempt, will not justify and will not lessen the penalty rather it will do the exact
opposite
 Those which, if attendant in the commission of the crime:
1. Serve to have the penalty imposed in its maximum period provided by law for
the offense (increase to maximum)
2. Change the nature of the crime (it can qualify the crime)
i.e. from homicide to murder

Basis

 They are based on the greater perversity (the degree of the criminality is bigger in the part of
the offender in committing the crime) of the offender manifested in the commission of the
felony as shown by:
1. The motivating power itself (reasons)
2. The place of commission
3. The means and ways employed
4. The time
5. The personal circumstances of the offender or offended party

*These are considerations why the following aggravating circumstances are indeed aggravating
circumstance

Kinds of Aggravating Circumstance

1. Generic – those that can generally apply to almost all crimes

2. Specific – those that apply to a particular crime
3. Qualifying – those that change the nature of the crime
4. Inherent – those that must of necessity accompany the commission of the crime
5. Special – those that cannot be offset by an ordinary mitigating circumstance and has the result
of imposing the penalty in the maximum period

Sec 8 and 9, rule 110 Rules of Court

 Criminal complaint and information is the basis of the charge

 Aggravating circumstances must be alleged in the information or complaint; otherwise, they
cannot be properly appreciated

Note! In order to appreciate the aggravating circumstance, it must be written in a complaint or

information. It must be alleged in the complaint or information, because if and when In the
complaint or information there is no indicated aggravating circumstance and during the trial there is
an aggravating circumstance that was proved, then it will not be considered.

Generic Qualifying
Affects only the imposition of the penalty Affects the nature of the crime or brings about a
prescribed, but not the nature of the crime penalty higher in degree than that ordinary
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 committed prescribed
Can be offset by an ordinary mitigating Gr: cannot be offset by ordinary mitigating
circumstance circumstance
*subject to offset rule Xpn: Privileged mitigating circumstances
* Generic + privileged mitigating circumstance,
the privilege will not be cancelled out only the
ordinary mitigating circumstance
Both must be alleged in the information in order to be appreciated

Circumstances:

1. Advantage taken of public position

2. Contempt or insult to public authorities
3. Disregard of age, sex or dwelling of the offended party
4. Abuse of confidence and obvious ungratefulness
5. Palace and places of commission of offense
6. Nighttime, uninhibited place or band
7. On occasion of calamity or misfortune
8. Aid of armed men, or persons who insure or afford impunity
9. Recidivist
10. Reiteracion
11. Price, reward or promise
12. By means of inundation, fire, explosion, stranding of vessel or intentional damage thereto,
derailment of a locomotive, or by the use of any other artifice involving great waste or ruin
13. Evident premeditation
14. Craft, fraud or disguise
15. Superior strength or means to weaken the defense
16. Treachery
17. Ignominy
18. Unlawful entry
19. Breaking wall
20. Aid of minor or by means of motor vehicles or other similar means
21. Cruelty

Appreciation of an Aggravating Circumstance if there are several accused

 GR: The circumstances which serve to aggravate or mitigate the liability of those persons only who
had knowledge of them at the time of the execution of the act or their cooperation therein are
those which consist in the:
1. Material execution of the act
2. Means employed to accomplish it
 In order for the aggravating circumstance to be fully appreciated by all of the
accused who allegedly committed the crime, all of the several accused must have
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 knowledge at the time of execution of the act or perhaps they cooperated therein
the execution and the means employed to accomplish it.
 XPN: When there is proof of conspiracy, in which the act of one is deemed to be the act of all,
regardless of lack of knowledge of the facts constituting the circumstances (therefor they cannot be
liable) (lack of knowledge)

IMPORTANT AGGRAVATING CIRCUMSTANCES

Night Time, Uninhabited Place or By a Band (most common)

 Instances when aggravating:

When:
1. It facilitated the commission of the crime
2. It specially sought for by the offender to ensure the commission of the crime
3. The offender took advantage thereof for the purpose of impunity

Reasons why Night Time is Considered Aggravating

1. During night time, recognition of the accused is more difficult

2. Harder for the victim to defend himself
3. Night time provides security for the accused
4. Mere presence of darkness gives others anxiety or fear

Rule in the Appreciation of Night time and Treachery in the Commission of a Crime

Definition of Nighttime: It starts from dust to dawn; from the time that the sun will set up until the sun
will rise

*sometimes nighttime are being interchanged with treachery, if nighttime and treachery are present:

 GR: Nighttime is absorbed in treachery – it will become a single aggravating circumstance

 XPN: Where both the treacherous mode of attach and nocturnity were deliberately decided upon,
they can be considered separately if such circumstances have different factual basis.
o If proven that nighttime with treachery were deliberately planned in committing the
crime, therefore the two will be separate aggravating circumstance

Uninhabited Place

 It is where there are no houses at all, a place at a considerable distance from town or when the
houses are scattered at a great distance from each other. It is not determined by the distance of
the nearest house of the commission of the offense there was a reasonable possibility of the
victim receiving some help.

Instances when Uninhabited Place as Aggravating

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  To be aggravating, it is necessary that the offender took advantage of the place and purposely
availed of it as to make it easier to commit the crime. The offender must choose the place as an
aid either.
1. To an easy and uninterrupted accomplishment of their criminal design
2. To insure concealment of the offense

Band

 It means that there are at least four armed malefactors acting together in the commission of the
offense – they acted together to commit a crime
 The RPC, does not require any particular arms or weapons, so any instrument or implement
which, by reason of intrinsic nature or purpose for which it was made or used by the accused, is
capable of inflicting serious injuries

Aid of Armed Men

 When circumstance is present

 It is present when the crime to which it is attached to is committed with the aid of:
1. Armed men
2. Persons who insure or afford impunity

*the number is lesser and does not require all of them are armed in the sense that can inflict serious
injuries

Requisites:

 That armed men or persons took part in the commission of the crime, directly or indirectly
 They took part in the commission of the crime directly or indirectly, and these armed men were
used by a person which is the principal by inducement who basically availed himself with the
aid.
 That the accused availed himself of their aid or relied upon them when the crime is committed

Problem:

 What Aggravating Circumstance will be considered if there are four armed men?

Answer:

 If there are four armed men, aid of armed men is absorbed in employment of a band. If there
are three armed men or less, aid of armed men may be the aggravating circumstance.

Recidivism

 A recidivist is one who, at time of his trial for one crime shall have been previously convicted by
final judgment of another crime embraced in the same title of the RPC

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 Requisites:
1. That the offender is on trial for an offense
2. He was previously convicted by final judgment of another crime
3. Both the first and second offense are embraced in the same title of the RPC – the first and
second offense belongs to the same subdivision of crime (crimes against person, crimes against
chastity, crimes against property…)
4. Offender is convicted of the new offense

*there are 2 crimes, a new crime that is a pending crime (and later must be convicted) and an old
crime with conviction of final judgment,

Example:

A was convicted in 2010 for a crime of serious physical injuries; in 2021 he is on trial for another crime
which is homicide. After hearing he was convicted of homicide. Is his conviction on the second and new
trial considered as aggravating circumstances?

YES

Problem:

Suppose, the first offense in 1975 was homicide, then the second offense in 2004 was murder. Can
aggravating circumstance of recidivism is appreciated?

Answer:

Yes, because homicide and murder are crime both under crime against person, hence both crime against
persons, hence both are embraced in the same title of the RPC

*The only Aggravating Circumstances in the 4 kinds of habitually are the following: Recidivism,
Quasi-Recidivism, and Reiteration. Habitual Delinquency is NOT CONSIDERED AS AGGRAVATING
CIRCUMSTANCES – Although when you are a habitual delinquent there is a penalty being added.

Quasi- recidivism vs. Recidivism

 Quasi- Recidivism – a person committed a new offense while he is serving sentence. While
Recidivism, it was assumed that the person committed another crime had already served his
sentence.

*we are looking at the subdivision of crime

Reiteration

Requisites:

1. That the accused is on trial for an offense

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 2. That he previously served his sentence for another crime to which law attached an
equal or greater penalty, or for two or more crimes to which it attached lighter penalty
than that for the new offense
3. That he is convinced of the new offense

*we are looking whether the first crime and the second crime of which their penalty are
greater or lighter

Reiteration vs. Recidivism

Reiteration Recidivism
It is necessary that the offender shall have served It is enough that the final judgment has been
out his sentence for his first offense rendered in the first offense
Previous and subsequent offenses must not be Offenses should be included in the same title of
embraced in the same title of the RPC the RPC

Habitual Delinquency

-not an aggravating circumstance

 Is a person who within a period of ten years from the date of his release or last conviction of the
crime of serious or less serious physical injuries, robbery, theft, estafa or falsification, is found
guilty of the said crimes a third time or oftener

Evident Premeditation

1. otherwise known as deliberate planning

2. This is as if where the offender planned all along on how he will commit the crime
 BASIS: The basis has reference to the ways of committing the crime

Requisites:
1. DETERMINATION – the time when the offender determined to commit the crime
 There is a sufficient lap of time where the offender decided to commit a crime
on the time he executed the same
2. PREPARATION – an act manifestly indicating that the culprit has clung to his
determination
3. TIME – a sufficient lapse of time between the determination and execution, to allow him
to reflect upon the consequences of his act and to allow his conscience to overcome the
resolution of his will

-Evident Premeditation can be manifest from the way the crime was committed. If the crime was
committed with deliberate planning, you can see how the crime was executed.

Treachery

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-Treachery or ALEVOSIA refers to the employment of means, methods, or form in the commission of the
crime against persons which tend directly and specially to insure its execution without risk to himself
arising from the defense which the offended might make.

- It is a way to execute a crime, on how to execute a killing which does not give any chance to
the offended party to defend himself or it is a means of betraying the victim for him not to
defend himself.

Rules:

1. Applicable only to crimes against persons

2. Means, methods, or forms insure its execution but need not insure accomplishment of
crime
- We are not looking at the accomplishment of the crime, instead it is how it was
done
3. The mode of attach must be thought of by the offender, and must not spring from
unexpected turns of events

*NOTE: It is not only relative position in the parties

Test of Treachery

 The test of treachery is not only the relative position of the parties but more specifically whether or
not the victim was forewarned or afforded the opportunity to make a defense or to ward off the
attack.

Problem:

-Z followed the unsuspecting victim, B when he was going home and thereafter, deliberately stabbed
him in the back which resulted in B in falling to the ground and was thereby further attacked by A. was
there treachery?

Answer:

YES, B was defenseless and he was not given the opportunity to resist the attack or defend himself. Z
employed means which insured the killing of B and such means assured him from the risk of B’s defense.

ALTERNATIVE CIRCUMSTANCES

 Those circumstances which must be taken into consideration as an aggravating or

mitigating according to the nature and effects of the crime and the other conditions
attending its commission. These are:
1. Relationship
2. Intoxication
3. Degree of instruction
4. Education of the offender
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When can a RELATIONSHIP are considered as Alternative Circumstance:

 When the offended party is the:

1. Spouse
2. Ascendant
3. Descendant
4. Legitimate, natural, or adopted brothers or sisters
5. Relative by affinity in the same degree of the offender
6. Other relatives included by analogy to ascendants and descendants
 It will be aggravating if you use the relationship to take advantage to the commission of the
crime
 The measurement on whether or not the relationship of the offended party from the
offender will be considered as aggravating or mitigating is if and when the offender took
advantage or used his or her relationship in order to commit the crime advantageous to
him.
 But if he used the relationship just to take advantage of the situation and not purposely to
make sure the execution of the said crime, it will only be considered as mitigating

Intoxication

 When to consider as Mitigating?

If intoxication is
1. Not habitual
2. Not subsequent to the plan to commit a felony
3. At the time of the commission of the crime, the accused has taken such quantity of
alcoholic drinks as to blur his reason and deprive him of certain degree of control
 When considered aggravating
If intoxication is
1. Habitual
2. Intentional

Degree of instruction and Education of the offender

 The higher the degree of learning you has, the higher the probability that you will commit
crimes which basically entails premeditation or deliberately planning. The degree of
instruction and education will be considered as aggravating

ALTERNATIVE CIRCUMSTANCE

-is distinctive and separate with aggravating and mitigating circumstance. If there is a alternative
circumstance and has the effect of aggravating and mitigating they are not subject to the offset
rule.

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Persons Criminally Liable and Degree of Participation

 The following are criminally liable for grave and less grave felonies
1. Principals – if and when a principal had been proven that he committed the crime,
original penalty will be imposed
2. Accomplices – penalty is 1 degree lower from that the principal
3. Accessories – 1 degree from the accomplice and 2 degrees from that the principal

For Light Felonies

1. Principals
2. Accomplices

*why accessories are no longer liable? Because it would serve as an absolutory cause

Principals

 KINDS OF PRINCIPALS
1. Principal by direct participation
 Those who materially execute the crime. They appear at the crime scene and
perform acts necessary for the commission of the crime
2. Principal by induction/inducement
 Those who directly force or induce another to commit a crime. To be principal
by inducement, it is necessary that the inducement be the determining cause of
the commission of the crime by the principal by direct participation that is,
without such, the crime would not have been committed
 The person may be present at the crime scene; however the principal by
inducement was not the one who performed the acts of execution. However
the principal inducement induced other person to commit the
 The inducement must be the determining cause of the commission of the crime.
The inducement of the principal must be the main reason why the principal by
direct participation committed the crime
 There is a principal by inducement (the one who induced) and principal by
direct participation (the induced person who executed the acts of commission)

Ways of becoming a participial by inducement

i. Directly forcing another to commit crime
 The principal by inducement is liable but the principal by
indirect participation may not, he can raise a justifying
circumstances based on the situation given to him.
ii. Directly inducing another to commit crime
 By giving price, offering, reward or promise
 By using words of commands – must be so strong that makes
the person to give in

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 PROBLEM:
A asked B to kill C because of grave injustice done to A by C. A promised B a
reward. B was willing to kill C, not so much became of the reward promised to
him but because he also had his own long-standing grudge against C, who had
wronged him in the past. If C is killed by B, would A be liable as a principal by
inducement?

ANSWER:
No, A would be liable as principal by inducement because the reward he
promised B is not the sole impelling reason which made B to kill C.
-but B can be considered as an accomplice because he is aware of the criminal
act and he participated by previous or simultaneous act.

3. Principal by indispensable cooperation

 Principal by indispensable cooperation are those who:
i. Participated directly in the Criminal resolution
ii. Cooperated in the commission of the crime by performing an act,
without which it would not have been accomplished \

*the participation of the person must be solely important that without is, the
commission of the crime cannot happen

Accomplices

Elements:

1. The community of criminal design, that, knows the principal by direct participation, he concurs
with the latter in his purpose

2. The performance of previous or simultaneous acts which are not indispensable to the
commission of the crime

*The degree of participation of the accomplice is such as even with or without his/her
participation the crime will still be executed by the principal by direct participation

*Conspiracy is when as if all of you acted and participated in the crime – there is a planning and
agreement and execution. While accomplice is only an aid and knows the criminal intent of the
principal by direct participation

Accessories

-Accessories are those who, having knowledge of the commission of the crime, and without having
participated therein, either as principals or accomplices, take part subsequent to its commission in
any of the following manners:
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 1. By profiting them or assisting the offender to profit by the effects of the crime

2. By concealing or destroying the body of the crime, or the effects or instrument thereof,
in order to prevent its discovery

3. By harboring, concealing, or assisting in the escape of the principals of the crime,

provided the accessory acts with abuse of his public functions or whenever the author of
the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief
Executive, or is known to be habitually guilty of some other crime.

*There must be knowledge of the committed crime

Fencing v. Accessory

Fencing Accessory
Fencing is limited to theft and robbery. The Not limited in scope
terms theft and robbery are used as a generic
term to refer to any kind of unlawful taking, not
just theft or robbery

-punished under PD 1612

Mere possession of stolen items creates a There is no presumption of being an accessory
presumption of fencing

-caveat emptor – buyer beware

Fencing is a principal crime in itself. As such, it It is necessary to prove that the principal
can stand on its own. There is no need to prove committed the crime. Hence, before an
that one is guilty of theft or robbery accessory could be held liable, the principal
must have been convicted first of the crime
charged
The penalty is higher than the penalty of an Penalty is less than imposed in fencing
accessory
Malum prohibitum and therefore there is no Malum is se and therefore there is a need to
need to prove criminal intent prove criminal intent
The fence need not be a natural person but may Natural person only
be a frim, association, corporation or
partnership or other organization

Accessories who are Exempt from Criminal Liability (Art. 20)

 Accessories who are exempt from criminal liability

GR: An accessory is exempt from criminal liability, when the principal is his:
1. Spouse
2. Ascendant
3. Descendant

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 4. Legitimate, natural or adopted brother, sister or relative by affinity within the same
degree.

*even if these accessories are exempt from criminal liability, remember that they cannot
escape liability if what charged against them is PD 1829 or obstruction of justice. Because
RPC is a different law from PD 1829.

XPN: Accessory is not exempt from criminal liability even if the principal is related to him, in
such accessory:
1. Profited by the effects of the crime
2. Assisted the offender to profit from the effects of the crime.

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CLASSES OF PENALTY

 PRINCIPAL PENALTY – those expressly imposed by the court in the judgment of conviction
o Penalty of imprisonment
o Penalty of fine
 ACCESSORY PENALTY – are impliedly included in the imposition of the penalties
o Depends of the status of the offender
 COMPLEX PENALTY – a penalty prescribed by law for a crime which is composed of three
distinct penalties (Minimum, medium, maximum)
o Pre distinct penalty

FINE

 FINE may be a single penalty, an alternative penalty or an additional penalty

 Afflictive penalty if it exceeds 6,000 pesos – reclusion temporal and prision mayor

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  Correctional penalty if it does not exceed 6,000 pesos but bot less than 200 pesos – prision
correccional and arresto mayor
 Light penalty if it be less than 200 pesos – arresto menor

- Incapacity or the offense is non-bailable

- Under RA 10592 , if you are preventively imprisoned in the duration of your case (while in
hearing). Your preventive imprisonemt from the time you were arrested up to the time you
were preventively imprisoned, the period will be credited in the sentence if and when there
is a conviction.

-detainees manifestation – the one that you will be signing or undertaking that you will make a written
declaration…

-detainees waiver – written declaration….

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-if the offender is a child (CICL) the applicable rule for crediting the period of preventive
imprisonment is not the provision under the RPC rather is Sec. 41 of RA 9344 – full time credit
once convicted, regardless of whether or not he signed or waiver.

GOOD CONDUCT TIME ALLOWANCE (GCTA)

-Before only prisoner serving sentence is entitled to allowance for good conduct. However, under
Art. 94 of the RPC as amended by RA 10592, the following shall be entitled to goo conduct time
allowance:

1. A detention prisoner qualified for credit for preventive imprisonment for his good conduct and
exemplary behavior

2. A prisoner convicted by final judgment in any penal institution, rehabilitation or detention

center or any other local jail for his good conduct and exemplary behavior.

GCTA are as follow:

-Jail officers or the appropriate committee of the penal institution are responsible in determining
a GCTA of a prisoner

First 2 years of imprisonment

- 20 days for each month of good behavior

3rd to 5th year

- 23 days for each month of good behavior

6th year to 10th year

- 25 days for each month of good behavior

11th year and successive years

- 30 days for each month of good behavior

An appeal by the accused shall not deprive him of entitlement to the above allowances
for good conduct

TIME ALLOWANCE FOR STUDY, TEACHING, AND MENTORING

 Whether detained or convicted by final judgment, as a reward for having earned a

postgraduate degree or college degree, a certificate of completion of a vocational or technical
skill or values development course, a high school or elementary diploma or to one serving his
fellow prisoner as a teacher or mentor while incarcerated, equivalent to a deduction of a
maximum of 15 days for every month of study or mentoring services.

SPECIAL TIME ALLOWANCE FOR LOYALTY

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 If detention prisoner or convicted prisoner escapes during a calamity, and subsequently
surrenders within 48 hours from the time the President announces the passing away of such
calamity, he is entitled to 1/5 of special time allowance for loyalty
 If the convicted prisoner did not surrender within the period, he is liable for evasion of
sentence under Art. 158 of the RPC – only convicted prisoner
 If the detention prisoner did not surrender within the period, he is not liable for evasion of
service of sentence
 In case the prisoner chose to stay in the place of his confinement notwithstanding the
existence of a calamity, he is entitled to 2/5 of STAL
 However, a prisoner is not entitled to STAL if he has committed other offense or any act in
violation of the law

THREE-FOLD RULE

-applicable in 3 or more penalties

-penalty must not be absorbed

-Three fold rule means that the maximum duration of a convict‖s sentence shall not be more than
three times the length of time corresponding to the most severe of the penalties imposed upon
him but in no case exceed 40 years

APPLICATION:
If the convict has to serve at least 4 sentences, continuously

COSTS – these are damages

-it is an amount charged to the party

• Shall include fees and indemnities in the course of the judicial proceeding

TO WHOM CHARGEABLE:

1. In case of conviction-chargeable to the accused. (fees)

2. In case of acquittal-costs are de officio; each party shall bear his own expenses (incident
of litigation, hiring of atty.)

NO COSTS AGAINTS REPUBLIC

• No costs shall be allowed against the Republic of the Philippines, unless otherwise
provided for by law

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 PAYMENT OF COSTS IS DISCRETIONARY – it is incumbent or dependent upon the court
to include in each judgment that the person the accused will be paying the cause.

PECUNIARY PENALTIES v. PECUNIARY LIABILITIES

• Pecuniary penalties are those which a convicted offender may be required to pay in money
to the Government. These are fines and cost of proceedings. Pecuniary liabilities on the other
hand are those which a convicted offender is required to pay in money to the offended party and
to the government. They consist of:

1. Reparation for damage caused

2. Indemnification of consequential damages

3. Fine

4. Costs of proceedings.

*Note! You are no required to pay the cost and fines of the proceedings and the offended party
and the government when not stated in the judgment

*BOTH WILL ONLY BE PAID BY CONVICTED OFFENDERS

SUBSIDIARY PENALTY (ART. 39, RPC)

• To be suffered by the convict who has no properly with which to meet the fine, at the rate
of one day for each amount equivalent to the highest minimum wage rate prevailing in the
Philippines at the time of the rendition of judgment of conviction by the trial court.

-it is a substitute if you cannot pay for the penalties of fine or PECUNIARY PENALTIES and
PECUNIARY LIABILITIES

IMPOSITION OF SUBSIDIARY PENALTY

• When there is a principal penalty of imprisonment or any other principal penalty

and it carries with it a fine.

• When penalty is only fine.

A subsidiary penalty is not an accessory penalty. It is a penalty imposed upon the accused and
served by him in lieu of the fine which he fails to pay an account of insolvency. The accused cannot
be made to undergo subsidiary imprisonment unless the judgment expressly so provides.

SUBSIDIARY IMPRISONMENT

-it is not an accessory penalty, it is a principal penalty thus it has to be stated before the offender
can benefit from it

RULES AS TO SUBSIDIARY IMPRISONEMENT

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1. Penalty imposed is prision correccional or arresto and fine-subsidiary imprisonment, not to
exceed 1/3 of the term of the sentence, and in no case to continue for more than one year.
Fraction or part of a day, not counted

2. Penalty imposed is fine only-subsidiary imprisonment:

A. Not to exceed 6 months- if prosecuted for grave or less grave felony

B. Not to exceed 15 days- if prosecuted for light felony

3. Penalty imposed is higher than prision correccional-no subsidiary imprisonment

4. Penalty imposed is not to be executed by confinement, but of fixed duration-subsidiary penalty

shall consists in the same deprivations as those of the principal penalty, under the same rules
abovementioned.

-it will be added as a principal penalty of imprisonment

INSTANCES WHEN SUBSIDIARY PENALTY IS NOT IMPOSED

• There is no subsidiary penalty if the penalty imposed by the court is prision mayor,
reclusion temporal, or reclusion perpetua.

• No subsidiary penalty for nonpayment of: - required to be paid

A. Reparation of the damage caused

B. Indemnification of the consequential damages

C. The costs of the proceedings

• When there is no fixed duration

• Nonpayment of income tax.

QUESTION

Is subsidiary imprisonment applicable to violations of special penal laws?

ANSWER

With respect with subsidiary imprisonment UNDER ART 39 and Amendment REPUBLIC ACT
10592, there‖s no express prohibition that subsidiary imprisonment will not apply to SPECIAL
PENAL LAWS

IN SHORT: if the law does not distinguish we should not distinguish

Therefore it is applicable also to violation of special penal laws, but there are qualification which is
must be stated in the judgment of the court and it is subject to the rules as annunciated under the
Revise Penal Code.

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SUBSIDIARY IMPRISONMENT IS ALSO APPLICABLE IN SPECIAL PENAL LAWS

• However, in order for subsidiary imprisonment to apply it must be specifically stated also
in the judgement of the court.

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