Clarence Tiu, Ateneo Law 1-B, Mistake by the Offender Table

Factor Effect on Intent Effect on Criminal Liability

Mistake of Fact No criminal intent No criminal liability

Requisites:
1.Act would have been lawful had the facts been what
the accused believed them to be
2. Lawful intent
3. No fault
Mistake of Blow Intended result falls upon another person or may be in Increases criminal liability as two crimes are committed
(Aberratio Ictus) addition to the injury on the intended victim due to by one act which results to a complex crime or
mistake of blow on the part of the offender specifically a compound crime

Art. 48: In complex crimes, the offender is only

penalized for the greater penalty between the two
crimes committed in its maximum period
Mistake of Identity Intended result falls upon another person due to the Increases criminal liability if the resulting crime is lesser
(Error in Personae) error in identity on the part of the offender than intended

Decreases criminal liability if the resulting crime is

greater than intended

No difference of criminal liabilty if the resulting crime

and the intended crime are punished with the same
penalties

Art. 49:
If the resulting crime is lesser than intended, lesser
penalty will be imposed in its maximum

If the resulting crime is greater than intended, lesser

penalty will still be imposed in its maximum

If the penalty of the resulting crime and the intended

crime are the same, Art. 49 has no application, offender
will be liable for the penalty of the resulting crime that
was actually committed

No intention to cause Actual crime is greater than intended. Offender is liable for all the acts that are produced as a
so grave a wrong as direct and logical consequence of his intended act.
that committed No mistake of blow or identity as the act befell on the There is decrease in criminal liability as it is mitigating
(Praeter Intentionem) intended victim. but the damage done was greater than circumstance under Art. 13.
intended
Art. 4: Criminal liability shall be incurred by any person
committing a felony although the wrongful act done be
different from that which he intended.
Art. 13: That the offender had no intention to cause so
grave a wrong as that committed

Impossible crime Criminal intent is present Art. 59: Penalty for impossible crime is Arresto Mayor
or fine from 200-500 pesos
Offender is liable although there is no crime committed Applies to Grave or Less Grave felonies

Requisites:
1. Criminal intent
2. Act would have been an offense against persons or
property
3. Accomplishment is inherently impossible, legally or
physically or that the means employed were inadequate
or ineffectual
4. Act performed should not constitute a violation of
another provision under the RPC.
 Clarence Tiu, Ateneo Law 1-B, Classification of Felonies Table
Grave Felonies Less Grave Felonies Light Felonies
Liablility Always punishable Art. 7: Light felonies are punishable only
when they have been consummated
except when they are against persons or
property

Art 16: Accessories for light felonies are

not punishable
Classified Art. 9: In any of their periods are Capital Art. 9: In any of their periods are Art. 9: Arresto menor or a Fine of 200
according to punishment or Afflictive penalties Correctional penalties pesos or less
severity
Art. 25: Art 25: Art. 26: Exactly 200 peso fine is a
Capital punishment: Death Correctional penalties: correctional penalty.
Afflictive penalties: Prision Correccional,
Reclusion Perpetua Arresto Mayor, For 200 peso exactly: Art. 9 generally
Reclusion Temporal Suspension, applies as it is more favorable to the
Perpetual/ Temporary Absolute Destierro offender but if the issue is prescription of
Disqualification penalties, Art. 26 should govern.
Perpetual/ Temporary Special
Disqualification
Prision Mayor
Significance
Art. 35: Duration of detention in case of failure to post the bond to keep the peace

Art. 39: Duration of subsidiary penalty to be imposed if fine only

1. Grave felony: maximum of 6 months
2. Less Grave felony: maximum of 15 days

Art. 48: Complex crimes only apply to grave or less grave felonies

Art. 58: Accessories falling under paragraph 3 of Art. 19 who acts with abuse of public functions shall suffer additional penalty
3. Grave felony: Perpetual Absolute Disqualification
4. Less Grave Felony: Temporary Absolute Disqualification

Art. 59: Penalty of Impossible Crime of Arresto Mayor or Fine of 200-500 pesos only applicable to Grave or Less Grave Felonies

Art. 67: Penalty when not all the requisites of lawful act with due care (Art. 12(4)) are present
1. Grave felony: Arresto Mayor maximum to Prision Correccional Minimum
2. Less Grave felony: Arresto Mayor minimum to medium

Art. 90: Whether the crime has prescribed

 Clarence Tiu, Ateneo Law 1-B, Circumstances-Requisites Table
Requisites/ Elements Relevant information Basis of
Circumstance
Felonies Art. 3: Must be committed by means of deceit/malice (dolo) or fault (culpa) Intent or fault

Deceit (Deliberate intent) : Should be committed volunatarily composed

of:
1. Freedom
2. Intent
3. Intelligence

Fault (Imprudence/ Lack of skill or Negligence/ Lack of foresight): Also

committed voluntarily
1. Freedom
2. Imprudence or Negligence
3. Intelligence
Mistake of Fact Art. 3: Act is not a felony as there is not deceit or fault involved No criminal liability No criminal intent
1. Act would have been lawful if the facts were what the accused believed
them to be
2. Intent was lawful
3. No fault, absence of negligence and imprudence
Impossible crime 1. Criminal intent No crime but there is a criminal Criminal intent
2. Act would have been an offense against persons or property
3. Accomplishment of the criminal intent was not possible due to its Art. 59: Penalty for impossible crimes is Arresto Mayor or fine of 200-500
inherent impossibility or on the account of the employment of inadequate pesos
or ineffectual means
4. Act should not constitute a violation of another provision of the RPC
Conspiracy Conspiracy as a Art. 8: Act of one is act of all
crime 1. Two or more persons come to an agreement/ meeting of minds
2. Agreement concerned the commission of a felony/ unlawful act
3. Execution of the felony must be decided upon, they should be
determined and serious

Conspiracy as a
means of Express conspiracy (By prior agreement)
committing the 1. Prior agreement is proved
crime/ means of 2. Agreement concerning the commission of a felony is carried out
incurring criminal 3. Conspirator is liable as long as he appeared at the scene of the crime
liability because he is deemed to have provide moral support even if he does not
actively participate; except if the accused is the mastermind

Implied conspiracy (Deduced from the acts)

1. Conspiracy is spur of the moment/unplanned
2. Conspirators should show unity of design, purpose, and execution either
directly or indirectly
3. Conspirators must actively participate by overt acts in the furtherance of
the common design, mere presence and silence does not make one a co-
conspirator
Proposal to commit a felony Art. 8:
1. Person has decided to commit a felony
2. He proposes its execution to some other person/persons, it need not be
accepted
Art. 11: 1. Self-Defense Art. 11: Unlawful aggression No criminal intent
Justifying 1. Unlawful aggression Peril to life, limb, or right
Circumstanc 2. Reasonable necessity of the means employed to prevent or repel it Must be actual or imminent
es 3. Lack of sufficient provocation on the part of the person defending Should still be existing at the time the accused committed the act to
himself prevent or repel it
Must come from the person attacked by the accused

People vs Senoja (2004): Imminence of unlawful aggression should be

based on the reasonable belief of the accused.
We rule that the test should be: does the person invoking the defense
2. Defense of Art. 11: believe, in due exercise of his reason, his life or limb is in danger? After all,
Relatives 1. Unlawful aggression the rule of law founded on justice and reason: Actus no facit remin, nisi
2. Reasonable necessity on the means employed to prevent or repel it mens sit rea. Hence, the guilt of the accused must depend upon the
3. In case the provocation was given by the person attacked, that the one circumstances as they reasonably appear to him.
making the defense had no part therein

Reasonable necessity
Rational equivalence between the nature and extent of the unlawful
3. Defense of Art. 11: aggression and the means employed against it
Strangers 1. Unlawful aggression Means should be to prevent or repel
2. Reasonable necessity on the means employed to prevent or repel it Person defending is not expected to control his blow, perfect equality is
3. Person defending be not induced by revenge, resentment, or other evil not expected
motive. Construed liberally for law-abiding citizens

Lack of sufficient provocation

Must be sufficient, proportionate and immediate and must originate
from the one defending himself.
Sufficiency of provocation is determined by its proportion to the act of
aggression and adequacy to stir the aggressor to its commission
Not present when:
No provocation at all
Provocation not sufficient
Provocation which was sufficient but not given by the person
defending himself
Provocation which was sufficient but not immediate or proximate
to the act of aggression

4. Avoidance of a Art. 11: Evil sought to be avoided actually exists

greater evil or 1. Evil sought to be avoided actually exists Should be actual and not expectant
injury/ State of 2. The the injury feared be greater than that done to avoid it Should not be brought about by negligence or imprudence of the actor,
necessity 3. That there be no other practical and less harmful means or preventing it or even his intentional acts

Only Justifying Circumstance where the actor incurs civil liability.

5. Fulfillment of a 1. Accused acted in the performance of a duty or the lawful exercise of a

duty/ Lawful right or office
Exercise of a 2. That the injury caused of offense committed be the necessary
right or office consequence of the due performance of a duty or lawful exercise of a
right or office (People vs Oanis)
 Clarence Tiu, Ateneo Law 1-B, Circumstances-Requisites Table
Requisites/ Elements Relevant information Basis of
Circumstance
6. Obedience to 1. Order has been issued by a superior Order issued by superior
an Order 2. Order should be lawful Subordinate must be directly under the Superior
3. Means used to carry out the order should be lawful
Order should be lawful
Good faith of the subordinate in believing that the order was lawful can
be valid as long as he is not aware of the illegality of the order and he was
not negligent

Art. 12: 1. Imbecility/ Imbecility Imbecility Depends on what

Exempting Insanity 1.Must be completely deprived of intelligence Permanent circumstances
Circumstanc Intelligence of person 2-7 years old are present
es Insanity Cannot be educated
1. Must be serious as to deprive the offender completely of intelligence
2. Must be proven to exist at the period immediate up to the precise Insanity
moment of the commission of the crime Temporary, must be proved to be existing during the period leading up to
the offense
Accused must prove he was not in a lucid interval during the commission
of the offense. As there is always a presumption that it was committed
during a lucid interval.

2. Minority No criminal liability Art. 68: Minors over 15 and under 18 who acted with discernment is a
1. Minors 15 years or under privileged mitigating circumstance
2. Minors over 15 and under 18 who did not act with discernment ( Ability
to distinguish right and wrong, particularly of his acts and its RA 9344/Juvenile Justice and Welfare Act of 2006 (Art. 80 has been
consequences) repealed)
1.Minors 15 or under/ Minors over 15 and under 18 acting without
Mitigated criminal liability discernment
1. Minors over 15 and under 18 who acted with discernment Subject to intervention program

2. Minors over 15 and under 18 acting with discernment

Subject to diversion program or suspension of sentence
depending on the circumstances
Diversion programs should not last more than 2 years
If 6 years or less penalty are subject to diversion but if it is more
than 6 years - 12 years, diversion should have the approval of the
Court.
Prosecutor determines whether there is discernment
If the diversion program fails or if the accused is not qualified for
such, regular prosecution will proceed.
Placing the minor in the diversion program will suspend the
running prescriptive period during the period of diversion
Minor will not be denied the right to bail even if the offense is
punished with the capital penalty considering he is entitled to a
privileged mitigating circumstance,
If convicted the penalty of the offender, who is a minor (below 18)
during the commission of the offense, will be suspended. Such
suspension can be availed until he is 21 years of age. He will be
subject to rehabilitation in the meantime.
Suspension of sentence is not a disqualification for applying for
probation, he may still apply for probation.
Even if the penalty is more than 6 years, the Court may still grant
probation if it is for the best interests of the child
People vs Padua (2008) If he is disqualified because of
the nature of the offense he committed is not probational
then he will remain disqualified for probation, in this case
such minor was charged with drug trafficking.

Age of the minor will be determined by Summary Proceeding by the

family court within 24 hours from the receipt of the pleadings. But
presumption is always in favor of minority

3. Accident Art. 12: If there is fault, it is a culpable felony depending if the accused is
1. Accused was performing a lawful act imprudent or negligent
2. Due care
3. Injury was caused by mere accident Art. 67: Penalty when not all the requisites of exempting circumstance of
4. No fault or intent of causing it Accident is present
Grave felony: Arresto Mayor Maximum to Prision Correccional
Minimum
Less Grave Felony: Arresto Mayor Minimum to Medium

Generally for exempting circumstances, there is civil liability because a

crime has been committed, but in Accident and Prevented by Lawful or
Insuperable Cause, there is no civil liability

4. Compulsion of Art. 12: Accused is reduced to a mere instrument

an Irresistible 1. Compulsion of a physical force
Force 2. Physical force must be irresistible
3. Physical force must come from a third person

5. Impulse of an Art. 12: Compulsion is by threat, not force or violence

Uncontrollable 1. Threat which caused the fear is of an evil greater than or at least equal Accused must not have opportunity for escape or self-defense
Fear to, that which he is required to commit
2. Threat promises an evil of such gravity and imminence that the ordinary
man would have succumbed to it

People vs Petenia:
1. Existence of an uncontrollable fear
2. Fear must be real and imminent
3. Fear is of an injury greater than or at least equal to that committed
 Clarence Tiu, Ateneo Law 1-B, Circumstances-Requisites Table
Requisites/ Elements Relevant information Basis of
Circumstance
6. Prevent by Art. 12: Generally for exempting circumstances, there is civil liability because a
Lawful or 1. An act is required by law to be done crime has been committed, but in Accident and Prevented by Lawful or
Insuperable 2. Person fails to perform such act Insuperable Cause, there is no civil liability
Cause 3. His failure was due to some lawful or insuperable (insurmountable) cause

RA 9262: No criminal or civil liability

Battered Woman
Syndrome

Art. 13: 1. Incomplete Applies to: Privilege mitigating circumstance under: Depends on what
Mitigating Justifying/ 1. Self-defense Art. 69: When the crime committed is not wholly excusable because some circumstances
Circumstanc Exempting 2. Defense of Relatives requisites to justify or exempt from criminal liability are not attendant. If are present
es Circumstances 3. Defense of Strangers majority of the requisites are present, penalty would be lower by one
4. State of necessity/ Avoidance of an evil or two degrees than that prescribed by law. Court shall impose it in the
5. Performance of a duty period it may deem proper, in view of the number and nature of the
6. Obedience to an order of superior conditions of exemption present or lacking
7. Minority of above 15 but below 18 years, acting with discernment
8. Accident When only the minority of the requisites are present, it is merely an
9. Uncontrollable Fear ordinary mitigating circumstance

Art. 68/ Juvenile Justice Act: Minor above 15 but under 18 acting with
discernment, penalty next lower than that prescribed by law shall be
imposed, but always in the proper period.

Art. 64: When the penalty is composed of 3 periods either as single

divisible penalties or complex penalties, when there are 2 or more
mitigating circumstances and no aggravating circumstances, court will
impose the penalty next lower to that prescribed by law, in the period it
may deem applicable, according to the number and nature of such
circumstances

2. Minority above 1. Minority of above 15 but below 18 years, acting with discernment Minor- Privilege mitigating: Diminution of
15 but below 18 2. Offender is over 70 years old Art. 68/ Juvenile Justice Act: Minor above 15 but under 18 acting with intelligence
with discernment, penalty next lower than that prescribed by law shall be
discernment/ imposed, but always in the proper period.
Offender above
70 years Above 70 years:
Only an ordinary mitigating circumstance

Art. 47: Death penalty cannot be imposed on a person more than 70 years
of age

3. Praeter 1. Only applies to intentional felonies Not applicable to hazing, as anti-hazing law prohibits the application of this Diminution of
Intentionem/ 2. Can only be taken into account only when the facts/circumstances circumstance. intent
Offender had proven show that there is a notable and evident disproportion between
no intention to the means employed to execute the criminal act and its consequences. Not applicable to felonies where intent is immaterial or to culpable felonies
commit so
grave a wrong Generally only applicable to offense which result to physical injuries or
material harm

4. Sufficient 1. Provocation must be sufficient Provocation here comes from the victim, as opposed to self-defense Diminution of
provocation or 2. Must originate from the offended party/victim where the provocation contemplated comes from the accused. intelligence and
threat 3. Must be immediate to the crime committed (No interval of time should intent
elapse)

5. Vindication of 1. Grave offense done to the one committing the felony, his spouse, Grave offense does not necessarily need to be a crime but it can come Diminution of
a grave offense ascendants, descendants, legitimate, natural or adopted brothers or from a wrongful act of such gravity. intelligence and
sisters, or relatives by affinity with the same degrees Vindication must be proximate to the grave, immediacy is not required intent
2. Felony was committed in vindication of such grave offense What is considered is the disturbance of the mind of the accused due
3. Vindication should be proximate to the grave offense (admits an interval to the grave offense that affected him. Once he regains his normal
of time) equanimity or reason, he cannot avail of this mitigating circumstance
anymore
Grave offense pertains to the honor of the person

6. Passion or Sufficient provocation, vindication of a grave offense, passion or Diminution of

Obfuscation 1. Offended party must have done an act unlawful and sufficient to obfuscation all arise from the same ground which is the overwhelming intelligence and
excite passion or obfuscation on the part of the accused (People vs emotion that blinds a person or causes him to lose reason and equanimity. intent
Tiongco) The offender cannot avail of these 3 mitigating circumstances but only one
2. Act which produced passion or obfuscation was not far removed from if all of these are invoked in a case.
the commission of the crime by a considerable length of time, during
which the perpetrator might recover his normal equanimity. (People vs People vs Cabel: Passion or obfuscation is compatible with lack of
Alanguilang) intention to commit so grave a wrong
3. Accused acted upon a sudden impulse of a lawful sentiment

7. Voluntary Voluntary Surrender De Vera vs De Vera (2009) Surrender prior to the warrant of arrest not Lesser perversity
Surrender/ 1. Offender had not been actually arrested/ surrendered before his required. Mere filing of an information or the issuance of a warrant of arrest of the offender
Voluntary arrest is effected will not automatically make the surrender involuntary
Confession 2. Offender surrendered himself to a person in authority to his agents Voluntary surrender does not mean non-flight, it does not matter if the
3. Surrender must be voluntary accused never avoided arrest and never hid or fled. (People vs Radomes)
4. Surrender must be spontaneous and unconditional, Surrender must be by reason of the commission of the crime for which
Either because he acknowledges his guilt or save the authorities the accused is prosecuted. (People vs Semanada)
the trouble and expenses that will be incurred.
 Clarence Tiu, Ateneo Law 1-B, Circumstances-Requisites Table
Requisites/ Elements Relevant information Basis of
Circumstance
Voluntary Confession Voluntary surrender and confession can be both considered in one case
1. Offender spontaneously confessed his guilt as 2 distinct mitigating circumstances.
2. Confession of guilt was made in open court, that is before the
competent court that is to try the case
3. Confession of guilt was made prior to the presentation of evidence for
the prosecution
4.Accused must make an unqualified plea to the offense as charged in the
information.
The accused may plead guilty to an amended information

8. Physical 1. Offenders being deaf and dumb or blind or otherwise suffering some People vs Deopante (1996) : This circumstance cannot be appreciated Diminution of
Defect physical defect must relate to the offense where the accuseds physical condition did not limit his means of action, freedom
2. Law requires that the defect has the effect of restricting his means of defense, or communication or his free will.
action, defense, or communication to his fellow beings

9. Illness 1. Illness must diminish the offender of consciousness of his acts/ Must not completely deprive the accused of consciousness of his acts as Diminution of
exercise of will-power that would exempt him criminal liability freedom
2. Illness should not completely deprive the offender of consciousness of What is considered here is the mere diminution of the exercise of will-
his acts. power
Philippine Jurisprudence provides that being a Kleptomaniac is still only a
mitigating circumstance because the offender is not completely deprived
of consciousness of his acts

10. Analogous
Circumstances

Art. 14: 1. Advantage be 1. Accused is a public officer Sanchez vs Demetriou: Test is to ask whether the accused abused his WHO: Personal
Aggravating taken by the 2. Accused used the influence, prestige, or ascendancy of his office as office in order to commit the crime. circumstance of
Circumstanc offender of his the means to commit the crime the offender
es public position There must be an intimate connection between the offense and the office HOW: Means
of the accused. employed

US vs Cagayan: Even if the accused did not abuse his office, if it is proven
that he has failed in his duties as such public officer, this circumstance
would warrant the aggravation of his penalty.

2. Crime 1. That the public authority is engaged in the exercise of his functions Public authority WHO: Personal
committed in Which should be related to stopping the crime being committed Must be directly vested with jurisdiction, meaning he has power to govern circumstance of
contempt of or 2. He who is engaged in the exercise of said functions is not the person and execute the laws. (Reyes book) the offender
with insult to the against whom the crime is committed Cannot be an agent of a person in authority (Reyes book)
public authorities 3. Offender knows him to be a public authority
4. Presence has not prevented the offender from committing the criminal US vs Rodriguez/ People vs Siojo/ People vs Rodil: Covers not only
act. persons in authority but also agents of persons in authority and other
public officers
Following this rulings a municipal mayor, barangay captain, or
tanod or their agents are included.

Crime cannot be committed again the public authority himself, because

such is direct assault and this circumstance is absorbed.
Knowledge of the offender that the

3. Rank, age, Rank, age, or sex Show lack of respect to the offended party WHO: Personal
sex, and dwelling 1.Offender must deliberately intent to offend or disrespect the offended on If all the 4 circumstances are enumerated in this paragraph, which circumstance of
account of his rank, age or sex can be considered single or together. the offended
2. Must be crimes against persons or honor Specific aggravating circumstance, only applies to crimes against party
persons or honor as that law treats property equally regardless of the rank
of the person.
Rank: high social position or standing.
Age pertains to either old or tender age

Not applicable when:

1. The crime is based on a different circumstance incompatible with the
need for respect
Passion/obfuscation, vindication of a grave offense, etc.
2. Relationship between the accused and the victim
In these cases, he could not have been conscious that his act
was done with disrespect to the offended party.
 Clarence Tiu, Ateneo Law 1-B, Circumstances-Requisites Table
Requisites/ Elements Relevant information Basis of
Circumstance
Dwelling Show lack of respect to the offended party WHERE: Place of
1. Must be an building or structure, exclusively used for rest and Considered as an aggravating circummnstance because of the commission
comfort sanctity of privacy the laws accords to the human abode, worthy
2. Offended party must not have given sufficient and immediate of respect
provocation Evidence must clearly show that the defendant entered the house of the
deceased to attack him
Dwelling must be exclusively used for rest and comfort, it need not be
owned by the offended party.
People vs Dequina: There must be a close relation between the
provocation and commission of the crime in the dwelling
Prosecution must prove that no provocation was given by the
offended party, it cannot be assumed.
Applicable:
Even if the offender did not enter the dwelling provided that the
victim is inside the house
If the crime began in the dwelling
Not applicable:
When both the offender and offended party are occupants of the
same house
4. Abuse of Abuse of Confidence Exists only when the offended party has trusted the offender who later HOW: Means
Confidence or 1. Offended party had trusted the offender abuses such trust by committing the crime employed
Obvious 2. Offender abused such trust It is essential to show that the confidence between the parties must be
Ungratefulness 3. Abuse of confidence must facilitate the commission of the crime immediate and personal as would give the accused some advantage or
make it easier for him to commit the criminal act.

Obvious Ungratefulness
1. Ungratefulness must be manifest and clear

5. Palace of the Crime is committed in the following places: Pertains to the lack of respect that is due to such places WHERE: Place of
Chief Executive 1. Malacanang Palace commission
or in his 2. In the presence of the Chief Executive Malacanang or Place dedicated to religious worship: it is aggravating
presence, where 3. Where public authorities are engaged in the discharge of their duties regardless whether official functions are being held or not
public authorities Must be in their office where they are discharging the duties. Presence of the Chief Executive: his presence alone in a place is
are engaged in 4. Place dedicated to religious worship enough
the discharged Place where public authorities are engaged in the discharge of their
of their duties, or duties: it is necessary that there be some performance of public functions
in a place when the crime was committed.
dedicated to
religious worship People vs Jaurigue: Offender must have intention to commit a crime
when he entered the place

6. Nocturnity/ 1. Must facilitate the commission of the crime People vs Cunanan: Nighttime and band were considered separately WHEN: Time of
Nighttime, 2. Must be especially sought for by the offender to insure the the commission
Uninhabited commission of the crime or for the purpose of impunity Nighttime
place, by a Band 3. It be taken advantage of by the offender to commit the crime Period from sunset to sunrise
Crime must be exclusively committed during the nighttime, it must
OR begin and be accomplished during the nighttime.
Offense must be actually committed in the darkness of night not
1. Must facilitate the commission of the crime illuminated by artificial light or by the moon
2. It be taken advantage of by the offender (Even if it was not especially Not a qualifying circumstance but may be absorbed by treachery if it is
sought for) part of the treacherous means

Uninhabited Place
Determined by the distance of the nearest house and the reasonable
possibility of the offended party to receive some help
Solitude of the place was sought

Band
Whenever more than 3 armed malefactors shall have acted together in
the commission of an offense, it shall be deemed to have been committed
by a band
At least 4 men should be armed and must take direct part in the
execution of the act constituting the crime. All the members are principals
People vs Manlolo (1989): Rock is considered as an armament
Generally presupposes the existence of a conspiracy

7. Occasion of a 1. Crime is committed on the occassion of a conflagration, shipwreck, Other calamity or misfortune: Follow the principle of ejusdem generis WHEN: Time of
conflagration, earthquake, epidemic or other calamity or misfortune In an enumeration, when a general word follows a specific word, the commission
shipwreck, 2. Offender took advantage of the calamity or misfortune such general word should be construed to be similar to such
earthquake, specific terms
epidemic or Acts of men not included as the enumerated calamities or
other calamity or misfortunes are all acts of nature.
misfortune

8. Aid of armed Armed men People vs Amion (2001): Not applicable where there is conspiracy, the HOW: Means
men or persons 1. Armed men took part in the commission of the crime directly or accused acting under the same plan and purpose. As the armed men are employed
who insure or indirectly principals in such and do not anymore merely give aid.
afford impunity 2. Accused availed himself of their aid or relied upon them when the crime
was committed. Armed men are merely accomplices and they must be more than 1.
 Clarence Tiu, Ateneo Law 1-B, Circumstances-Requisites Table
Requisites/ Elements Relevant information Basis of
Circumstance
9. Recidivist 1. That the offender is on trial for one crime Second crime must be committed after the commission of the first, WHO: Personal
2. Shall have been previously convicted by final judgment of another but it is not necessary that during the commission of the second circumstance of
crime crime, he is already convicted by final judgment of the first crime the offender
3. Both the previous and current crime are embraced in the same title of What is controlling is the time of the trial, not the time of the
this code (RPC). commission of the offense. Hence it is not required that at the
4. He is convicted for the new offense time of the commission of the crime, the accused should have
been previously convicted by final judgment of another crime.
(Reyes book)
People vs Baldera: No recidivism if the subsequent conviction is
for an offense committed before the offense involved in the prior
conviction.
Sequence of conviction must follow the sequence of
commission (Rule also applies to habitual delinquency)

People vs Lagarto: At the time of trial is construed in its general sense

including not just the date of arraignment but also everything that is done
through the course of the trial, from arraignment until the announcement
of the sentence/decision.
People vs Colocar: Recidivism must be taken into account as an
aggravating circumstance no matter how many years have intervened
between the first and the second.

10. Habituality/ 1. Accused is on trial for an offense What is considered is the penalty attached to the offense/ penalty WHO: Personal
Reiteracion 2. He has previously served sentence of a prescribed, not the penalty imposed or penalty served. circumstance of
Greater penalty Hence, even if the accused served the penalty of prision mayor the offender
Equal penalty minimum and is now convicted of an offense for which the penalty
At least 2 sentences which are lighter of prision mayor maximum is imposed, there is still habitually,
3. He is convicted for the new offense provided that the penalty attached to the two offense is prision
mayor in its full extent
Service of sentence is required
If the accused is punished for a crime under a special law, it cannot be
considered under Reiteracion because Art. 13,14, and 15 to the RPC are
not applicable to special law crimes

11. Price, 1.The offer of price, reward or promise must be for the purpose of Applicable to both the offeror and the acceptor, the principal by WHY: Motivating
Reward, or inducing another to perform the crime. inducement and principal by direct participation (Reyes book) power itself
Promise 2. Such price, reward, or promise must be the primary consideration of Applicable only to the principal by direct participation who committed the
the offender to commit the crime (People vs Paredes 1968) crime in consideration of price, reward, or promise (Boado book)
3. 2 principals involved, a principal by inducement and principal by direct
participation San Beda Reviewer
Affects only the receiver if alleged as a generic aggravating circumstance
Affects both offeror and receiver if alleged as a qualifying circumstance

Price, reward, or promise need not be delivered what is considered is that

it is the primary consideration in committing the crime

12. Means of 1. Crime be committed by means of: Qualifying Aggravating Circumstance HOW: Means
great waste and Inundation (flooding) These circumstances qualifies homicide to murder employed
ruin Fire Generic aggravating circumstance
Poison When another qualifying aggravating circumstance already qualifies the
Explosion crime.
Stranding of a vessel
Intentional damage to the vessel
Derailment of a locomotive Circumstance themselves constitutes a crime
2. Circumstance must be merely the means used by the offender to Art. 62: Aggravating circumstance which by themselves constitute a crime
achieve his criminal purpose specially punished by law or which are included by the law in defining a
crime and prescribing a penalty therefor shall not be taken into account
for the purpose of increasing the penalty

Art. 248: Murder- Any person who, not falling within the provisions of Art.
246 (Parricide), shall kill another shall be guilty of murder and shall be
punished with reclusion perpetua to death, if committed with any of the
following attendant circumstances:
1. Treachery, advantage of superior strength, aid of armed men, employing
means to weaken the defense, or of means or persons to insure of afford
impunity (Art. 14, (8,15,16))
2. In consideration of a price, reward or promise (Art. 14, (11))
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of
a vessel, derailment or assault upon a railroad, fall of an airship, by means
of motor vehicles, or with use of any other means involving great waste
and ruin (Art. 14, (12))
4. On the occassion of any of the calamities enumerated in the preceding
paragraph, or of an earthquake, eruption of a volcano, destructive cyclone,
epidemic, or any other public calamity (Art. 14 (7))
5. Evident premeditation (Art. 14 (13))
6. Cruelty or outraging or scoffing at his person of corpse (Art. 14 (21))
 Clarence Tiu, Ateneo Law 1-B, Circumstances-Requisites Table
Requisites/ Elements Relevant information Basis of
Circumstance
13. Evident 1. Time when the offender decided to commit the crime Not applicable to Error in Personae and Aberratio Ictus HOW: Means
Premeditation 2. Acts manifestly indicating that the accused has clung to his It is presumed in express conspiracy employed
determination It cannot be appreciated in implied conspiracy, absent of proof of the
3. A sufficient lapse of time between the decision and and execution to time when the decision to commit the crime was made.
allow the accused to reflect upon the consequences of his acts. It is absorbed by Price, reward, or promise, insofar as the inducer is
concerned as he obviously reflected on it by planning the crime

People vs Valeriano: Evident premeditation while inherent in robbery, may

be aggravating with robbery with homicide of the premeditation included
the killing of the victim

14. Craft, Fraud 1. Must facilitate the commission of the crime People vs Aspili (1990): Craft is not attendant where the unlawful scheme HOW: Means
or Disguise 2. Characterized by the intellectual or mental means rather than physical to could have been carrie out just the same even without the pretense. employed
which the criminal resorts to carry out his design.
Circumstances are not aggravating if they did not facilitate the
Craft commission of the crime or not taken advantage of by the offender in the
Involves intellectual trickery and cunning on the part of the offender course of the assault
Employed as a scheme in the execution of the crime If despite the disguise the offender was recognized, this circumstance
Acts of the accused done in order not to arouse suspicion of the victim cannot apply

Fraud
Direct inducement by insidious words and machinations used to
induce the victim to act in a manner which would enable the offender to
carry out his design

Disguise
Resorting to any means or device to conceal identity

15. Advantage of Advantage be taken of superior strength Advantage be taken of superior strength HOW: Means
superior strength 1. Intentional employment of excessive force out of proportion to the Should be a notorious inequality of forces between the victim and the employed
or means be means of defense available to the offended party aggressor
employed to Superiority in number does not necessarily mean that the offenders
weaken the Means be employed to weaken the defense abused their superior strength, deliberate employment of excessive force
defense which is out of proprtion to the defense available must be proved
It must be proved that the attackers cooperated in such a way as to
secure advantage from superiority of strength.
Depends on age, size, sex, and strength of the parties

People vs Pablo (2001): Incompatible with Passion and obfuscation as

one who acts with such does not take advantage of superior strength.
People vs Galapia (1978): Abuse of superior strength is inherent in
parricide where husband kills the wife, as it is accepted that the husband is
stronger than the wife
Also inherent in rape
 Clarence Tiu, Ateneo Law 1-B, Circumstances-Requisites Table
Requisites/ Elements Relevant information Basis of
Circumstance
16. Treachery 1.Applicable only to crimes against persons Specific Aggravating Circumstance HOW: Means
2. Means, methods, or forms need not insure the accomplishment of the Only applicable in crimes against persons employed
crime Qualifying Aggravating Circumstance
3. Mode of attack must deliberately and consciously adopted For murder, generally this circumstance is given preference over other
4. During the attack, the victim was not in a position to defend himself qualifying circumstance
which also insures the offenders safety and protection from retaliation.

Objective requisite Generic Aggravating Circumstance

Mode adopted People vs Escote (2003): Treachery can be appreciated as a generic
Sudden or unexpected attack aggravating circumstance in the special complex crime of Robbery with
Subjective requisite homicide, even if it is a crime against property. Court applied treachery as
Accused deliberately adopted the mode adopted an aggravating circumstance because of the constituent crime of homicide
which is merely incidental to the robbery. Also, treachery is not inherent
and included in defining the crime of robbery with homicide.
It is a generic aggravating circumstance for crimes other than killing

Prosecution must show from the inception/beginning that the mode of

attack was deliberately adopted by the offender as treacherous

Continuous aggression
Treachery must be present at the beginning of the commission of the
crime

Aggression was not continuous due too a break/interruption

If there is a break in the commission of the crime, even if there was no
treachery at the beginning/inception of the commission of the crime, there
should be treachery when the fatal injury was inflicted.

Treachery absorbs generally every circumstance

Unless based on different circumstances
Evident premeditation cannot be absorbed because treachery is based
on the mode of attack but evident premeditation is based on the greater
perversity of the offender
Treachery absorbs:
Craft
Abuse of superior strength
Age or sex
Nighttime
Aid of armed men
Band
Employing means to weaken the defense

People vs Pansensoy (2002): Treachery cannot co-exist with passion or

obfuscation

Treachery is compatbile with Error in Personae, Aberratio Ictus and Prater

Intentionem as long as that requisites are present.
Art. 62: Means employed (Treachery) should be considered against those
persons who had knowledge of the employment of treachery at the time of
the execution of the act of their cooperation therein.

17. Ignominy 1. Means be employed or circumstances brought about which add Pertains to the moral suffering of the victim HOW: Means
ignominy to the natural effects of the act Not applicable where the victim was already dead employed

18. Unlawful 1. An entrance is effected in a way not intended for the purpose When the offender enters a window or opening in the house not HOW: Means
entry 2. Should be used to enter not to escape designated as an entrance employed

19. Forcible entry 1. That as a means in the commission of the crime, a wall, roof, floor, door It is not necessary that the offender should enter the building, what HOW: Means
or window be broken aggravate the crime is the breaking of a part of the building as a means of employed
2. Should be used to enter not to escape the commission of the crime

20. Aid of Aid of persons under 15 years of age Motor vehicle must be used to facilitate the commission of the crime not HOW: Means
persons under 15 merely the escape employed
years of age or Crime committed by means of motor vehicles, airships, or other Following the principle of ejusdem generis, the other similar means
by means of similar means should also be at least motorized.
motor vehicle, 1. Should be deliberately employed to facilitate the commission of the
airship and other crime itself
similar means 2. Cannot be merely incidental
 Clarence Tiu, Ateneo Law 1-B, Circumstances-Requisites Table
Requisites/ Elements Relevant information Basis of
Circumstance
21. Cruelty 1. That the wrong done be deliberately augmented by causing some Cruelty cannot be presumed HOW: Means
other wrong for the purpose of prolonging the suffering of the victim employed
2. Other wrong be unnecessary for the execution of the purpose of the If the victim is already dead
offender. Art. 248: Qualifying aggravating circumstance for murder is outraging or
scoffing at his person or corpse.
Only aggravating circumstace that can occur after the death of
the victim

Art. 15: 1. Relationship Taken into consideration when the offended party is: Mitigating WHO: Personal
Alternative 1. Spouse 1. Crimes against persons if: circumstance of
Circumstanc 2. Ascendant Less serious or slight physical injuries when the offended party is the offender
es 3. Descendant a relative of a lower degree of the offender
4. Legitimate, natural, or adopted brother or sister 2. Crimes against property in:
5. Relative by affinity in the same degree of the offender Robbery
6. Stepparent-stepchild relationship Usurpation
7. Adopted parent- adopted child relationship Fraudulent insolvency
Arson
Trespass to dwelling

Aggravating
1. Crimes against persons if:
Murder or homicide
Serious physical injuries
Less serious or slight physical injuries when the offended party is
a relative of a higher or same degree as the offender
Rape of father to daughter/ step-daughter
2. Crimes again chasitity
Acts of lasciviousness

Exempting (Art. 332)

1. Theft
2. Swindling or estafa
3. Malicious mischief
Provided that the relatives are living together

2. Intoxication 1. Accused must be in a state of intoxication during the commission of the Mitigating Diminution of will-
crime 1. Intoxication is not habitual power,
2. Intoxication is not subsequent to the plan to commit the felony deprivation of
3. Must impair the exercise of will-power of the offender or that his mental self-control
faculties must be affected by drunkeness

Presumption is that it is not habitual and subsequent to the plan to

commit the felony and that is is merely accidental

Aggravating WHO: Personal

1. Intoxication is habitual circumstance of
2. Intoxication is intentional or subsequent to the plan to commit the felony the offender

Degree of 1. Dependent not just on the degree of instruction and education of the Mitigating Diminution of
Instruction and offender but also on the nature of the crime, whether it requires low/ Not illiteracy alone but the lack of sufficient intelligence is also required intelligence
education of high degree of instruction and education Accused should not have received any instruction or education
offender Normally mitigating in all crimes but not in crimes where there is moral
significance such as murder, treason, rape, crimes against property

Aggravating WHO: Personal

1. Offender should avail himself or took advantage of his high degree of circumstance of
instruction in committing the crime the offender
2. Considered in relation to the crime committed
 Clarence Tiu, Ateneo Law 1-B, Habitualism Table
Recidivism Reiteracion/ Habituality Habitual Delinquency (Multi-Recidivism)
Antecedent Previous conviction by final judgment Service of sentence Previous conviction

Convictions 2 are enough N/A At least 3 are required

Crimes Under the same title of the RPC No distinction 1. Serious or less serious physical injuries
covered 2.Robbery
3. Theft
4. Estafa
5. Falsification

Prescription None Prescribes after 10 years between the 2nd and 3rd convictions

Nature Generic aggravating circumstance Special circumstance that cannot be offset by mitigating
circumstances
Requisites of N/A Prior crime must have been penalized with N/A
the previous an equal, greater penalty or at least 2
penalty lighter penalties.
Penalty prescribed is what is
considered, in its full extent
Penalty Aggravating Circumstance numbers 9 and 10 Additional penalty imposed
May increase the penalty in its maximum period Upon 3rd conviction: Prision Correccional medium and maximum
Upon 4th conviction: Prision Mayor minimum and medium
Upon 5th conviction: Prision Mayor maximum and Reclusion
Temporal minimum

Effect Art. 29: Subsidiary penalty cannot be Art. 29: Preventive imprisonment cannot be deducted
deducted Art. 22: Laws cannot be given retroactive effect
ISL: Habitual delinquents are not extended the benefits of the ISL,
they cannot be paroled under this law.
Rules to Sequence of conviction must follow the 10-year period computed either from last conviction or
observe sequence of commission last release. The law on habitual delinquency does not
contemplate the exclusion from the computation of prior
Subsequent crime must be committed after convictions those falling falling outside the 10-year
the commission of the previous crime, but period immediately preceding the crime for which the
it is not necessary that during the defendant is being tried, provided each conviction is
commission of the subsequent crime, he is followed by another transgression within 10 years from
already convicted by final judgment of the one conviction to another (People vs Lacsamana)
previous crime 10-year period is counted no to the date of commission of
the subsequent offense, but to the date of conviction thereof
in relation to the date of his last release or last conviction
When an offender has committed several crimes mentioned
in the definition of habitual delinquent, without being first
convicted of any of them before committing the others, he is
not a habitual delinquent
Convictions on the same dat or about the same time are
considered as one only
Sequence of convictions must follow the sequence of
commissions
Crimes committed on the same day, although convictions on
different dates are considered only as one
Previous convictions are considered every time a new
offense is committed
Commission of any of those crimes need not be
consummated
Applies to accomplices and accessories
If crime was committed during the minority of the offender, it
will not be considered
Imposition of additional penalty is not discretionary
Habitual delinquency is not a crime
Modifying circumstances may apply to the additional penalty
(People vs De Jesus)
 Clarence Tiu, Ateneo Law 1-B, Participants Table
Principals Accomplices Accessories
Liability Art. 16: Grave, less grave and light felonies Art. 16: Grave and less grave felonies

Types Art. 17: N/A

1. Direct participation
2. Direct inducement
3. Indispensable cooperation

Part in the Participation and authorship Concurrence Knowledge

criminal
resolution

When Participates during the criminal resolution Participates before or during during the Takes part subsequent to its commission
and in case of the Direct Participants, commission of he crime
during the commission of the crime.

Acts 1.Direct Participants Provides material or moral aid in an 1. Profiting or as siting the offender to
Directly takes part in the efficacious way but not in a manner profit
commission of the crime including indispensable to the offense 2. Concealing or destroying the body of the
moral support Minor acts crime, or its effects or instruments
2. Direct Inducers 3. Harboring, concealing, or assisting in the
1. Force escape of the principal of the crime by:
Irresistible force Public officer with abuse of his
Uncontrollable Fear functions in any crime except light
2. Inducement felonies
Price, reward, or promise Private person if the principal is
Words of command guilty of treason, murder, parricide,
3. Indispensable Cooperators attempt on the life of the Chief
Cooperates by another act Executive, or known to be
without which the crime could not habitually guilty of some other
have been committed crime

Exemptions No exemption, follow the rules in Art. 50-57 Art. 16: Accessories for light felonies are
not liable

Art. 20: If the accessory is that spouse,

ascendant, descendant, legitimate, natural,
or adopted brothers or sisters, and
relatives by affinity within the same
degrees
Except in Art. 19(1), profiting
because in this case money is now
thicker than blood
 Clarence Tiu, Ateneo Law 1-B, Penalties Table
Art. 25 Classification
Art. 9 Classification
Classification according to Art. 27: Duration of
Art. 25 Penalty Classification according to Effects of Penalties Accessory Penalties
according to subject- Penalties
of Felonies Divisibility
Gravity matter

Art. 40: When not executed:

Death Corporal N/A Death 1. Perpetual absolute disqualification
Indivisible 2. Civil Interdiction of 30 years

20 years & 1 day to 40 Art. 41:

Reclusion Perpetua Imprisonment
Deprivation of years (20 years) 1. Civil interdiction for life or during the
Freedom 12 years & 1 day to 20 period of the sentence as the case may be
Reclusion Temporal Divisible Imprisonment 2. Perpetual absolute disqualification
years (8 years)
Art. 30: Effects of Absolute disqualification:
1. Deprivation of the public offices and employments which
the offender may have held, even if conferred by election.
2. Deprivation of the right to vote and right to be elected
3. Disqualification for the offices or public employments
Perpetual:
and for the exercise for the rights mentioned
Perpetual or Indivisible
4. The loss of rights to retirement pay or other pension for
Temporary Absolute N/A
any office formerly held
Disqualification Temporary:
Divisible
Perpetual: effective during the life of the convict and even
Afflictive
Grave Felonies after the service of sentence
Penalties
Temporary: Last only during the term of sentence except fr
Deprivation of the deprivation of public offices/employments and loss of
Rights rights to retirement pay and pension
For Prision Mayor and
Temporary Disqualification: Art. 31: Effects of Special Disqualification for public office,
6 years & 1 day to 12 profession, or calling
years (6 years) 1. Deprivation of the office, employment, profession, or
calling affected
2. Disqualification for holding similar offices or employment
Perpetual or
either perpetually or during the term of sentence, according to
Temporary Special N/A
extent of disqualification
Disqualification
Art. 32: Effects of Special Disqualification for the exercise
of right of suffrage:
1. Deprivation of the right to vote or be elected
2. Cannot hold public office during period of disqualification

Principal Art. 42:

Penalties Prision Mayor 1.Temporary absolute disqualification
Imprisonment
2. Perpetual special disqualification from
right of suffrage

Art. 43:
1. Suspension from public office, right to
Deprivation of Prision Correccional
Divisible follow a profession or calling
Prision Correccional Freedom 6 months & 1 day to 6 Imprisonment
2. Perpetual special disqualification from
years
right of suffrage if imprisonment exceeds
18 months
Art. 44:
Arresto Mayor
1. Suspension of the right to hold office
Arresto Mayor 1 month & 1 day to 6 Imprisonment
Correctional Less Grave and the right of suffrage during the term of
months
Penalties Felonies the sentence
Art. 33: Effects of Suspension
1. Disqualification from holding such office, exercising such
Deprivation of profession or calling or right of suffrage
Suspension Suspension & Destierro: N/A
Rights 2. If suspended from public office, the offender cannot hold
6 months & 1 day to 6 another office having similar functions during the period of
years suspension.
 Clarence Tiu, Ateneo Law 1-B, Penalties Table
Art. 25 Classification
Art. 9 Classification Suspension & Destierro:
Classification according to Art. 27: Duration of
Art. 25 Penalty Classification according to 6 months & 1 day to 6 Effects of Penalties Accessory Penalties
according to subject- Penalties
of Felonies Divisibility years
Gravity matter
Restriction of
Destierro N/A
Freedom
Art. 44:
Deprivation of Arresto Menor 1.Suspension of the right to hold office
Arresto Menor Light Felony Imprisonment
Freedom 1 day to 30 days and the right of suffrage during the term of
Light Penalties the sentence

Public Censure N/A N/A N/A ? N/A

Art. 26: Art. 9: Light

Afflictive: felony is fine is
Over P6000 P200 or less
Fine Correctional: N/A Pecuniary N/A Pecuniary liability N/A
P200 to P6000
Light:
Below P200
Bond to keep the
N/A N/A N/A As the court may determine ? N/A
peace
Perpetual or
Temporary Absolute
Disqualification
Perpetual or
Temporary Special
Disqualification
Suspension from
public office, the
right to vote, and be
Accessory voted for, the
Penalties profession or calling
Civil Interdiction
Indemnification
Forfeiture or
confiscation of
instruments and
proceeds of the
offense
Payment of cost
 Clarence Tiu, Ateneo Law 1-B, Plurality of Crimes Table
Plurality of Requisites Penalty
Crimes
Compound 1. Single act is committed
Crimes by the offender
2. Single act resulted to 2 or
more grave or less grave
felonies

Art. 48: Penalty for the most

serious crime shall be
imposed in its maximum
period

People vs Yongco (1977):

Complex 1. 2 crimes are committed The severity of the penalty for
Crime Proper 2. Single purpose or 1 the more serious crime
criminal intent should not be judged by the
3. That one or some of the classification of each but by
offense must be the nature of penalties.
necessary to commit the Follow Art. 70
other
4. That both or all the
offenses must be
punished under the same
statute

Special 1. Law specifically fixes a single Penalty prescribed

Complex penalty for 2 or more crimes
Crime or committed
Composite
Crimes
Continued/ 1. Series of criminal acts arising 1 penalty only
Continuous from a single criminal resolution
Crimes 2. Single impulse
 Clarence Tiu, Ateneo Law 1-B, ISL & Probation Law Table
Indeterminate Sentence Law Probation Law
Sentence Must be more than 1 year Must not be more than 6 years
Penalty Imprisonment only Imprisonment and fine (subsidiary penalty)
Disposition Minimum to be served then convict Sentence is suspended
becomes eligible for parole
Violation Unexpired portion shall be served Entire sentence shall be served
Appeal No effect Bar to the right to apply for probation
Availability Every time so long as the offender is not Only once
disqualified
Nature Mandatory Privilege (Should be applied for)
Disqualificati Penalties: Penalties:
ons Death Where sentence is more than 6 years, (Only
Life-imprisonment sentences with 6 years or less is allowed)
Reclusion perpetua imposed a single
indivisible penalty under Art. 63 Offenses:
Prison terms with maximum of 1 year or Those convicted of subversion or any
less. (For ISL to apply, prison sentence crime against the national security or the
must be more than 1 year) public order
Non-prison sentence penalties (Fine,
destierro, etc.)
Offenses: Offenders:
Treason Those who have been previously
Proposal/Conspiracy to commit treason convicted by final judgement of an offense
Misprision of Treason punished by imprisonment of more than 1
Rebellion month and 1 day and/or a fine of more than
Espionage 200 pesos
Piracy Those punished by Arresto menor
Sedition or fines 200 pesos or less are
Offenders: allowed
Habitual delinquents Who have been once on probation under
Escapees from confinement the provisions of this decree
Evaders of sentence
Violators of conditional pardon granted by
the Chief Executive

Length/ For prison sentences under the RPC 1. If sentenced to a term of

Related Maximum term shall be that under imprisonment of 1 year or less:
Period normally imposed, following the rules in not exceed 2 years
RPC 2. If sentenced to a term of
Minimum term shall be that penalty 1 imprisonment of more than 1
degree lowered than that prescribed year up to 6 years: not exceed 6
Taking into consideration years
privileged mitigating circumstances 3. Fine only and the offender is
if necessary made to serve subsidiary
imprisonment: Not be less nor
For prison sentences under Special more than twice the total number
Laws of days of subsidiary imprisonment
Maximum term shall not exceed the Should be twice the total
maximum fixed by law number of days of the
Minimum shall be less than the minimum subsidiary imprisonment
fixed by law