crim rev midterms pointers

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Criminal Law Reviewer: Book 1 Midterms Alilio, Dulay, Jimeno, Olfindo

Fiscal Salva Notes

BASIC PRINCIPLES OF CRIMINAL LAW

Characteristics of Criminal Law

I. General criminal law is binding on all persons who live or sojourn in the

Philippines

Exceptions:

1. The opening sentence of the Art. 2 of RPC says that the provisions of this

Code shall be enforced within the

Philippine Archipelago, except as provided in the treaties and laws of

preferential application a. Treaty or treaty stipulation e.g.

Bases Agreement entered into by and

between Philippines and U.S., and

RP-US Visiting Forces Accord

b. Law of preferential application -R.A. 75 regarding diplomatic

representatives and their domestic

servants - ambassador or public

minister of any foreign state,

authorized and received as such by

the President, or any domestic or

domestic servant or any such

ambassador or minister

*Not applicable when the foreign country

does not provide similar protection to our

diplomatic representatives

2. Those subject to the principles of Public International law as provided in Art. 14

of the Civil Code

a. Sovereigns and other chiefs of state b. Ambassadors, ministers

plenipotentiary, ministers resident,

and charge daffaires *A consul is not entitled to the privileges

and immunities of an ambassador or

minister

*Principle of Inviolability - Embassies are

not extension of their state, hence triable

within the host country's court. However,

certain procedures must be observed in

serving summons in order not to violate the

principle of inviolabity (Regan v. CIR)

.

II. Territorial criminal laws undertake to punish crimes committed within

Philippine Territory

Exception: Article 2 of the RPC extradicial application of criminal laws

III. Prospective penal law cannot make an act punishable ina manner in which it was

not punishable when committed

Exceptions:

1. Where the new law is expressly made inapplicable to pending actions or

existing action

2. Where the offender is a habitual criminal

Different Effects of Repeal of Penal Law

1. If the new law totally repeals the existing law so that the act which was penalized

under the old law is no longer punishable,

the crime is obliterated

a. If the case is still pending, then the case will be dismissed.

b. If he has been convicted or serving sentence, then he shall be sent out

of jail.

2. If it is a partial or repealed by implication a. If the repeal makes the penalty

lighter in the new law, the new law

shall be applied.

Provided, there is no prohibition on

the retroactive application of the new

law and provided further, that the

convict is not a habitual criminal.

b. If the new law imposes a higher penalty, the law in force at the time

of the commission of the offense

shall be applied

How are crimes classified as to wrongness?

Mala In Se Mala Prohibita

-inherently wrong not inherently wrong

from the beginning, it

becomes punishable

because there is a special

law punishing the same.

(example: Possession of

unlicensed firearm)

Criminal intent must Motive or intent is not

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Fiscal Salva Notes

always be proven in

cases of intentional

felony

(failure to establish the

intent would not make

the person criminally

liable

necessary, mere violation

of the law makes him

liable

Penalized under RPC Penalized under Special

Laws

Defense of good faith Not available

Penalties are divisible Not divisible

Mitigating and

Aggravating applied

Mitigating and

Aggravating not applied

Stages of execution Not applied bec. It is

usually consummated

unless Special law

provides punishment for

punishment for mere

frustration or attempting

of the act.

*When the acts are inherently moral, although

punished by a special law, they are mala in se and

therefore it must be shown that the act is committed

with malice (People v. Sunico)

Doctrine of Pro Reo- (Estrada) - When a

circumstance is susceptible to two interpretations,

one favorable to the accused and the other against

him, that interpretation favorable to him shall

prevail.

ARTICLE 2. TERRITORIALITY OF OUR

PENAL LAWS

GR: Laws shall apply only within the territory of

the country which includes the atmosphere, the

maritime zone, the territorial sea and all lands

within the Philippine Archipelago in relation to

Archipelagic Doctrine

EXP:

(1) Should commit an offense while on a Philippine ship or airship;

*Basis: Extension of the Philippine

sovereignty

*Any person who committed a crime on

board a Philippine ship or airship (registered

in the Philippine Bureau of Customs) while

the same is outside the Phil. territory (on

high seas, beyond 3 miles from the Phil.

shore) can be tried before our Philippine

courts BUT when it is in the territory of a

foreign country, it is subject to the laws of

that country

(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;

*Persons who commits the above acts,

although in a foreign country, may be

prosecuted before the Phil. court.

*Reason: Dangerous to the economical

interest of the country

(3) Should be liable for acts connected with the introduction into these islands of the

obligations and securities mentioned in the

preceding number;

*Reason: Dangerous to the economical

interest of the country

(4) While being public officers or employees, should commit an offense in the exercise of

their functions;

*Crimes that may be committed in the

exercise of public functions:

1. direct bribery, 2. indirect bribery, 3. frauds against public treasury,

possession of prohibited interest,

4. malversation of public funds or property,

5. failure of accountable officer to render accounts, illegal use of public

funds or property,

6. failure to make delivery of public funds or property, and

7. falsification by a public officer or employee committed with abuse of

his public position

When any of these felonies is committed abroad

by any of our public officers or employees while

in the exercise of his functions, he can be

prosecuted here

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Fiscal Salva Notes

(5) Should commit any of the crimes against national security and the law of nations,

defined in Title One Book Two of this Code.

*Crimes against national security and the

law on treason:

1. treason 2. conspiracy and proposal to commit

treason

3. espionage 4. inciting to war and giving motives

for reprisals

5. violation of neutrality 6. correspondence with hostile country 7. flight to enemys country 8. piracy and mutiny on the high seas

Crimes committed on board foreign merchant

ship or airship

a. An offense committed on the high seas on board a foreign merchant vessel is not triable by our

courts.

b. Offense committed on board a foreign merchant vessel while on Philippine waters is triable

before our court

Rules as to jurisdiction over crimes committed

aboard foreign merchant vessels

Nationality Rule

/French Rule

Anglo American/

English/Territoriality Rule

All offenses

committed on board

merchant vessel

while in the host

country shall be

subject to criminal

laws of the country

where such vessel

belongs

All offenses on board

merchant vessel, while in

the territory of a foreign

country, those crimes shall

be cognizable therein the

penal laws shall be

prescribed.

Exception: Crimes

which affects the

public safety,

security and order of

the host country

(crimes shall be

governed by the

penal laws of that

host country)

Exception: to those offenses

pertaining to the internal

affairs of the ship.; if it

affects the Peace and

Security of the country( the

offense committed will be

subject to their penal laws)

[People vs Togoto] A

merchant vessel within the

*killing or illegal

possession of drugs-

committed on board

a PH merchant

vessel in a Foreign

country- FOREIGN

LAW applies

If committed in

HIGH SEAS

(Article 2, RPC

applies)

territorial waters of

Vietnam, one passenger was

killed by crew member, no

action was taken by the

loacal authorities of

Vietnam. Ship captain

surrendered the accused,

and criminal action was

instituted- the accused

challenge the jurisdiction of

the court. (the offense

committed in Foreign

country)

SC ruled: that although

Vietnam adheres to the rule

of territoriality, the

EXCEPTION, is that when

the authoritites of that

foreign country did not take

actions to prosecute the

crime committed, once the

Philippine merchant vessel

is sent back in the

Philippines, the our

authorities can prosecute an

action against the offender.

* In the Philippines we follow the English Rule

* R.A. 9372, Human Security Act of 2207 (Anti-terrorism act) has also extra-territorial application -

i.e. ethnicity; against Filipino Citizen; directly

against the Philippine government.

Rule on Foreign Warships- they are not subject to

territorial laws because they are deemed extensions

of the territory of the country where they belong.

ARTICLE 3 FELONIES

Felonies- acts and omissions punishable by law

(RPC) ( must be alleged in the information that the

act was done willfully, unlawfully and feloniously)

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Fiscal Salva Notes

Elements of Felonies:

1) There must be an act or omission 2) That act or omission must be punishable by

the RPC

3) That the act is performed or the omission incurred by means of dolo or culpa

When may a person incur criminal liability even he

acted without criminal intent?

1) In culpable felonies because criminal intent is replaced by negligence, imprudence, lack

of foresight, lack of skills

2) Mala prohibita

Dolo or Cupla

Intentional Felonies Culpable Felonies

-act of offender is

malicious

-with deliberate intent,

the offender, in

performing the act or

in incurring the

omission, has the

intention to cause an

injury to another

Elements:

a. freedom

b. intelligence

c. intent

- act of offender is not

malicious

- the injury caused by the

offender to another person

is unintentional - the wrongful act results

from negligence,

imprudence, lack of

foresight, lack of skills

Elements:

a. freedom

b. intelligence

c. imprudence, negligence,

lack of foresight or skill

negligence deficiency of perception, fails to pay

proper attention and to use

due diligence in

foreseeing the injury or

damage impending to be

caused, usually involves

lack of foresight

imprudence deficiency of action, fails to take

necessary precaution to

avoid injury, usually

involves lack of skill

Penalty prescribed

may be divisible and

therefore the rule on

Mitigating and

Aggravating

circumstances will

apply

Stages of execution

applies

Stages of Execution

cannot apply

Offenses- punishable by Special Laws (wilfully,

unlawfully and knowingly)

Infraction/Misdemeanors- violation of City or

Municipal Ordinance

Mistake of Fact - Ignorance from the law excuses

no one from compliance therewith but mistake of

fact once proven can completely exonerate the

accused from the crime charged.

Elements of Mistake of Fact:

1) that the act of the offender would have been lawful have the facts been what he believed;

2) the purpose of the act must be lawful; 3) there must be no negligence on the part of

the offender

Mistake of Law - Ignorance from the law excuses

no one from compliance therewith

everyone is presumed to know the law, and the fact that one does not know that his act

constitutes a violation of the law does not exempt

him from the consequences thereof. (Diego v. Castillo)

ARTICLE 4: CRIMINAL LIABILITY

Criminal Liability shall be incurred:

(1) By any person committing a felony

although a wrongful act done be different from

that which he intended.

Whenever a person commits a felony, he

shall be liable all the natural, direct and logical

consequences of his act. He who is the cause of the

cause is the cause of the evil cause.

*Not applied in culpable felonies, since INTENT is

necessary

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Fiscal Salva Notes

Requisites:

1) That an intentional felony has been committed

2) That the wrong done to the aggrieved party be the direct natural and logical consequence

of the felony committed by the offender

*No felony is committed when the act or omission

is not punishable by the RPC, or when the act is

covered by any of the justifying circumstance under

Art. 11)

Three Instances:

(i) Aberratio Ictus (Mistake in the Blow) - a

person directed the blow at an intended victim, but

because of poor aim, that blow landed on somebody

else.

Penalty- Article 48- Complex Crime- When

a single act constitutes two or more grave or less

grave felonies, or when an offense is a necessary

means for committing the other, the penalty for the

MOST SERIOUS CRIME shall be imposed, the

same to be applied in its MAXIMUM period.

*Special aggravating circumstance

(ii) Error in Personam (Mistake in Identity)

- the victim actually received the blow but he was

mistaken for another who was not at the scene of

the crime.

Penalty- Article 49 - The penalty to imposed

to the offender is the penalty prescribed for the

crime he intended to commit but was not

committed, WHICHEVER IS LESSER to be

imposed in its MAXIMUM period.

(iii) Praeter Intentionem (The wrong done

went beyond the intent) - injurious result is greater

than that intended.

Penalty reduces the penalty based on Article 13(3) that the offender had no intention to

commit so grave a wrong as that committed.

Entitled to be mitigated.

Proximate cause - 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.

The felony committed is not the proximate

cause of the resulting injury when:

1) There is an active force that intervened between the felony committed and the

resulting injury, and the active force is a

distinct act or fact absolutely foreign from

the felonious act of the accused; or

2) The resulting injury is due to the intentional act of the victim (must be malicious)

*Neglect of wound or its unskillful and improper

treatment are deemed to have been among those

consequences which were in contemplation of the

guilty party and for which he is to be held

responsible.

*If a man creates in another person's mind an

imediate sense of danger and in so doing the latter

injures himself, such man who creates such a state

of mind is responsible for the resulting injuries.

(2) Impossible Crime - By any person performing

an act which would be an offense against persons

or property, were it not for inherent impossibility

of its accomplishment or on account of the

employment of inadequate or ineffectual means.

Elements of Impossible Crime:

1) that a person has performed an act which is against persons or property;

2) there must be an evil intent; 3) the offense he intended to commit is

inherently impossible, or that the means

employed is either inadequate/ineffectual

4) That the act performed should not constitute a violation of another provision of the RPC.

Penalty: Article 59 - Arresto Mayor and a fine

not more than P200-500.

The commission of an impossible crime is

indicative of the criminal propensity or criminal

tendency on the part of the actor.

Felonies against persons: parricide, murder,

homicide, infanticide, abortion, duel, physical

injuries, rape

Felonies against property: robbery, brigandage,

theft, usurpation, culpable insolvency, swindling

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Fiscal Salva Notes

and other deceits, chattel mortgage, arson and other

crimes involving destruction, malicious mischief

*If the act performed would be an offense other

than a felony against persons or against property,

there is no impossible crime.

*There is no attempted or frustrated impossible

crime. The offender in impossible crime has already

performed the acts for the execution of the same,

there could be no attempted impossible crime.

There is no frustrated impossible crime because the

acts performs by the offender are considered as

constituting a consummated offense

ARTICLE 6: STAGES OF EXECUTION

A felony is CONSUMMATED when all the

elements necessary for its execution and

accomplishment are present.

FRUSTRATED when the offender

performs all the acts of execution which would

produce the felony as a consequence by which,

nevertheless, do not produce it by reason of causes

independent of the will of the perpetrator.

ATTEMPTED 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.

Elements of attempted felony:

1. offender commences the commission of a felony directly by overt acts he merely commences the commission of the felony.

There must be an external act, and such

external act must have a direct connection

with the crime intended to be committed by

the offender

2. does not perform all the acts of execution which should produce the felony there is anything yet remained for him to do.

*In attempted felony, the offender never

passes the subjective phase of the offense.

Subjective phase is that portion of the acts

constituting the crime, starting from the

point where the offender begins the

commission of the crime to that point where

he has still control over his acts, including

its natural course.

If between these two points, the offender is

stopped by any cause other than his own

spontaneous desistance, the subjective phase

has not been passed and it is an attempt.

Objective phase is that portion of the acts of

the offender, where he has no more control

over the same. All the acts of execution have

been performed by him, he is now in the

waiting stage.

3. the offenders act is NOT stopped by his own spontaneous desistance- if by reason of own

spontaneous desistance the law does not

punish him. he is not liable to the attempted felony because he has no criminal

intent, but he may be liable to other crimes

which defines his act.

4. the non-performance of all acts of execution was due to cause or accident other than his

spontaneous desistance

Elements of Frustrated Felony:

1) the offender performs al acts of execution nothing more is left to be done by the

offender because he has performed the last

act necessary to produce the crime

2) all the acts performed would produce the felony

3) but the felony is not produced because if the felony is produced, it would be

consummated

4) by reason of causes independent of the will of the perpetrator may be the timely intervention of third persons

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Fiscal Salva Notes

*Theft can only be attempted or consummated.

Theft is produced when there is deprivation of

personal property due to its taking by one with

intent to gain. Viewed from that perspective, it is

immaterial to the product of the felony that the

offender, once having committed all the acts of

execution for theft, is able or unable to freely

dispose of the property stolen since the deprivation

from the owner alone has already ensued from such

acts of execution (Valenzuela v. People)

*If the wound/s sustained by the victim in such a

case were not fatal or mortal, then the crime

committed is only attempted murder or attempted

homicide. If there was no intent to kill on the part of

the accused and the wound/s sustained by the victim

were not fatal, the crime committed may be serious,

less serious or slight physical injury. (Palaganas v.

People)

*For the charge of frustrated murder to flourish, the

victim should sustain a fatal wound that could have

caused his death were it not for timely medical

assistance. (People v. Almazan)

*An essential element of murder and homicide,

whether in their consummated, frustrated or

attempted stage, is intent of the offenders to kill the

victim immediately before or simultaneously with

the infliction of injuries. (Rivera v. People)

*Jurisprudence dictates that the labia majora must

be entered for rape to be consummated, and not

merely for the penis to stroke the surface of the

female organ. Thus, a grazing of the surface of the

female organ or touching the mons pubis of the

pudendum is not sufficient to constitute

consummated rape. Absent any showing of the

slightest penetration of the female organ, i.e.,

touching of either labia of the pudendum by the

penis, there can be no consummated rape; at most, it

can only be attempted rape, if not acts of

lasciviousness. (People v. Campuhan)

ARTICLE 8: CONSPIRACY

Conspiracy and Proposal to commit felony

are punishable only in the cases in which the law

specially provides a penalty therefor.

Conspiracy exists when two or more persons

come to an agreement concerning the commission

of a felony and decide to commit it

There is Proposal when the person has

decide to commit a felony proposes its execution to

some other person or persons.

2 Concepts of Conspiracy

1) Conspiracy as a crime itself Art. 115 Conspiracy to commit treason, Art. 136

Conspiracy to commit coup'd'etat, rebellion,

insurrection, Art.141 Conspiracy to commit

sedition.

2) Conspiracy as a manner of incurring criminal liability When conspiracy relates to a crime actually committed, it is not a

felony but only a manner of incurring

criminal liability that is, when there is

conspiracy, the act of one is the act of all.

When conspiracy is only a manner of

incurring criminal liability, it is not

punishable as a separate offence.

Elements of Conspiracy to commit felony

1) there must be two or more persons involved; 2) that these two or more persons come to an

agreement to commit a crime or a felony;

3) that they decided to commit the felony

Mere agreement to commit the crime will not

constitute a punishable conspiracy unless the 3rd

requisite of the decision to commit the same have

been arrived at by the conspirators.

As a RULE: CONSPIRACY IS NOT

PUNISHABLE. It only becomes punishable when

there is specific provision of law providing

punishment for mere conspiracy or proposal to

commit a felony.

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Fiscal Salva Notes

2 Kinds of Conspiracy

1) Direct Conspiracy - Conspiracy by Pre-Agreement

*A 3rd person is required to testify in the

court if no 3rd person/witness, assess the individual acts if concerted to one unity of design

(implied conspiracy).

To establish conspiracy, evidence of actual

cooperation rather than mere cognizance or

approval of an illegal act is required.

A conspiracy must be established by

positive and conclusive evidence. It must be shown

to exist as clearly and convincingly as the

commission of the crime itself. Mere presence of a

person at the scene of the crime does not make him

conspirator for conspiracy transcends

companionship.

2) Implied Conspiracy- when two or more person took part in the commission of the

crime, each one has acted to be independent

of each other but in reality they are geared

toward the attainment of a common goal.

*No witness required because there is no

evident pre-meditation to prove

Example:

If A decided treason against the government,

but he could not commit treason by himself, so he

proposes the same to X and Y who accepted such,

If they are caught at the moment X and Y accepted

the proposal, for what crime or crimes will they be

prosecuted? Will they be prosecuted for proposal?

[NO] the crime which will be prosecuted is

conspiring to commit treason

Why? Because the moment A and the X and

Y agreed to the proposal then they constitute two or

more person who come to an agreement to commit

treason and decides to commit it, therefore all of

them SHALL BE LIABLE for the crime of

conspiring to commit treason. You will no longer

separate the liability of the one who proposes from

that of those who accepted the proposal. The crime

is conspiring to commit treason because they come

to an agreement to commit treason and decides to

commit it.

Elements of Proposal:

1) that a person has decided to commit a felony 2) that he proposes its execution to some other

person or persons

*Examples: Poposal to commit treason, proposal to

commit rebellion, proposal to commit coup d 'etat,

proposal to commit insurrection, proposal to

commit terrorism.

ARTICLE 10- OFFENSES NOT SUBJECT TO

THE PROVISIONS OF THE CODE:

Offenses which are or in the future may be

punishable under Special Laws are NOT SUBJECT

to the provisions of this Code. This code shall be

supplementary to such laws, UNLESS the latter

should specially provide the contrary.

* The provision of the RPC on penalties cannot be

applied to offenses punishable under special laws special laws do not provide a scale of penalties and

that penalty provided by a special law does not

contain 3 periods.

*Attempted and frustrated stage of the execution of

an offense penalized by a special law is not

punishable, unless the special law provides a

penalty therefor a special law has to fix penalties for attempted and frustrated crime

*The plea of guilty is not mitigating in illegal

possession of firearms punished by a special law offenses under special laws are not subject to

provisions of Art. 64 of RPC prescribing rules for

the graduation of penalties containing three periods

when mitigating/aggravating circumstances

attended the commission of the crime

*No accessory penalty, unless the special law

provides therefor

RPC considered as supplementary to special laws Art.22, retroactive application of penal laws, Art.39,

subsidiary imprisonment, Art.45, confiscation of the

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Fiscal Salva Notes

instruments used in the commission of crime, Art.

17, participation of principal to the commission of

crime

*The provisions of RPC are not applicable unless

the Special laws follows its nomenclature of

penalties.

RA 9165(Comprehensive Dangerous Drugs Act) does not follow the

provisions of RPC.

RA 8294 Illegal Possession of Firearms follows the nomenclature

of penalties under RPC.

ARTICLE 11: JUSTIFYING CIRCUMSTANCE

The following do not incur any criminal liability

BASIS: Lack of Criminal Intent

1) [SELF-DEFESE] Anyone who acts in defense of his person or rights, provided that the

following circumstances concur:

a. First. Unlawful aggression. i. Actual the danger must be

present, actually in existence

ii. Imminent- is on the point of happening *Threat to kill so

strong with the intention to inflict

injury

b. Second. Reasonable necessity of the means employed to prevent or repel it.

i. Presence of imminent danger; ii. Emergency to which the person

defending himself has been

exposed to;

iii. Nature and quality of the weapon used by the accused compared to

the weapon of the aggression;

iv. Impelled by the instinct self-preservation;

v. Size and/or physical character of the aggressor compared to the

accused

c. Third. Lack of sufficient provocation on the part of the person defending himself

Defense of Property Principle of Self-Help: pursuant of Article

429 of the Civil Code, the owner or lawful

possessor of a thing as a right to exclude any person

from enjoyment and disposal thereof. For this

purpose, he may use such force as may be

reasonably necessary to repel and prevent an actual

or threatened unlawful physical invasion or

usurpation of his property.

2) [Defense of Relatives] Requisites: 1. Unlawful aggression 2. Reasonable necessity of the means

employed to prevent or repel it

3. In case the provocation was given by the person attacked, the one making the defense

had no part therein;

3) [Defense of Stranger] Requisites:

1. Unlawful aggression 2. Reasonable necessity of the means

employed to prevent or repel it

3. The person defending was not induced by REVENGE, RESENTMENT, or other EVIL

MOTIVE

4) [Avoidance of greater evil or injury] Requisites:

1. That the evil sought to be avoided actually exists;

2. that the injury feared be greater than that done to avoid it;

3. There be no other practical and less harmful means of preventing it.

*Civil liability exist to be shared by the person

benefited by the act.

5) [Fulfillment of Duty or Lawful exercise of right or office]

Requisites: 1. That the accused acted in the performance of

a duty or in the lawful exercise of a right or

office; and

2. That the injury caused or the offense committed be the necessary consequence of

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Fiscal Salva Notes

the due performance of duty or the lawful

exercise of such right or office

6) [Obedience to an order issued for some lawful purpose]

Requisites: 1. that an order has been issued by a superior, 2. that such order must be for some lawful

purpose

3. that the means used by the subordinate to carry out said order is lawful.

*Battered Woman Syndrome (RA 9262) one who

is repeatedly subjected to any forceful or

psychological behavior by a man in order to coerce

her to do something he wants her to do without

concer for her rights. In order to be classified as

Battered Woman, the couple must go through the

acute battering cycle atleast twice.

ARTICLE 12: EXEMPTING

CIRCUMSTANCES

BASIS: Complete absence of intelligence, freedom

of action or intent, or absence of negligence on the

part of the accused.

1) Imbecility or Insanity BASIS: lack of intelligence

2 tests of INSANITY:

1. Test of Cognition - complete deprivation of intelligence in committing

the crime

2. Test of Volition- total deprivation of freedom of will

*Imbecility- feeblemindedness. It exists

when a person while of advanced age, has a

mental development of a child between 2-7

years old. (exempt in all cases)

*Insanity - exists when there is a complete

deprivation of intelligence or freedom of the

will. Mere abnormality is not enough. (Not

exempted if acted during Lucid Interval)

Effects of Insanity of the Accused:

a) At the time of the commission of the crime- exempting

b) During Trial - Criminal proceedings will be suspended

c) After Judgment or while serving sentence - the execution of judgment

of conviction shall be suspended and

the court shall order that accused be

committed to a hospital.

2) A person 15 years or under * RA 9344 exempt from criminal liability - subject to

Intervention Program

3) A person over 15 and under 18 unless he acted with discernment BASIS: Complete absence of intelligence

*Without discernmentIntervention Program *With discernment- Diversion Program

*Automatic Suspension of Sentence- once

the child who is under 18 years of age at the

time of commission of the offense is fopund

guilty of the offense charged, the court shall

determine and ascertain any civil liability

which may have resulted from the offense

committed. However, instead of

pronouncing the judgment of conviction, the

court shal place the child in conflict with

law under suspended sentence, without need

of application: provided, however, that the

suspension of sentence shall still be applied

even if the juvenile is already 18 years of

age or more at the time of pronouncement of

his/her guilt.

4) Accident without fault or intention of causing it.

BASIS: Lack of Negligence and Intent

Elements:

1. A person is performing a lawful act; 2. With Due care; 3. he causes injury to another by mere

accident

4. Without fault or intention of causing it *No civil liability

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Fiscal Salva Notes

5) A person who acts under the compulsion of an irresistible force

BASIS: Complete absence of Freedom

Elements:

1. that the compulsion is by means of physical force

2. that the physical force must be irresistible;

3. without fault or intention of causing it

6) Uncontrollable Fear BASIS: Complete absence of freedom

Elements: 1. that the threat which causes the fear is of

an evil greater than, or at least equal to,

that which he is required to commit ;

2. that it promises an evil of such gravity and imminence that the ordinary man

would have succumbed to it.

7) Insuperable Cause Basis: Lack of Intent

Elements: 1. that an act is required by law to be done 2. that a person fails to perform such act 3. that his failure to perform such act was

due to some lawful or insuperable cause

*No civil liability

ARTICLE 13: MITIGATING

CIRCUMSTANCES

1) Incomplete Justifying/ Exempting Circumstances- Unlawful aggression must

be always present (Article 69)

2) Over 15 and under 18, if there is discernment or over 70 yrs. Old

BASIS: Diminution of Intelligence

Legal Effects

15 and below Exempting

Above 15 but under 18 Exempting UNLESS

acted with discernment

Penalty reduced by 1

degree lower

18 yrs or over Full criminal

responsibility

70 yrs or over Mitigating, no

imposition of death

penalty if already

imposed

Child in conflict under

18 years who acted with

discernment

Sentence suspended

3) No intention to commit so grave a wrong (Praeter Intentionem)

BASIS: Diminution of Intent

4) Provocation or threat BASIS: Diminution of Intelligence and

Intent

Requisites:

1. The provocation must be sufficient it depends:

2. the act constituting the provocation; 3. social standing of the person provoked 4. place and time when the provocation is

made

5. It must originate from the offended party

6. the provocation must be personal and directed to the accused

7. that the provocation must be immediate to the act, or the commission of the

crime

5) Vindication of grave offense BASIS: Diminution of the conditions of

voluntariness

Requisites:

1. that there be a grave offense done to the one committing the felony, his spouse,

ascendants, descendants, legitimate,

natural or adopted brothers or sisters or

relatives by affinity within the same

degrees;

2. that the felony is committed in immediate vindication of such grave

offense.

6) Passion or Obfuscation BASIS: Diminution of Intelligence or intent

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Fiscal Salva Notes

Requisites:

1) that there an act, both unlawful and sufficient to produce such a condition of

mind;

2) that said act which produced the obfuscation was not far removed from

the commission of crime by a

considerable, length of time, during

which the perpetrator might recover his

normal equanimity;

3) the act causing such obfuscation was committed by the victim himself.

7) Surrender and Confession of guilt BASIS: Lesser Perversity of the offender

Requisites of Voluntary Surrender 1. that the offender had not been actually

arrested;

2. that the offender surrendered himself to a person in authority or to the latters agent

3. that the surrender was voluntary

Requisites of voluntary plea of guilty: 1. that the offender spontaneously

confessed his guilt

2. that the confession of guilt was made in open court, that the, before the

competent court that is to try the casse

3. that the confession of guilt was made prior to the presentation of evidence for

the prosecution

4. that the confession of guilt was to the offense charged in the information

8) Physical defect of the offender BASIS: Diminution of freedom of action,

therefore diminution of voluntariness

9) Illness of the Offender BASIS: Diminution of Intelligence and

intent

Requisites:

1. that the illness of the offender must diminish the exercise of his will-power

2. that such illness should not deprive the offender of consciousness of his act

10) Similar or Analogous Circumstances Examples:

1. impulse of jealousy; 2. over 60 yrs with failing sight

Article 14: AGGRAVATING

CIRCUMSTANCES

BASIS: Greater perversity of the offender

manifested in the commission of the felony as

shown by:

1. motivating power itself 2. place of the commission 3. means and ways employed 4. the time 5. the personal circumstance of the offender, or

the offended party

1) That advantage be taken by the offender of his public position

BASIS: Greater perversity of the offender

as shown

1. by means of personal circumstances of the offender;

2. by means used to secure the commission of the crime

2) That the crime be committed in contempt of or with insult to public authorities

BASIS: Greater perversity of the offender as

shown by his lack of respect for the public

authorities.

Requisites:

1. That the public authority is engaged in the exercise of his functions;

2. That he who is thus engaged in the exercise of said functions is not the

person against whom the crime is

committed;

3. The offender knows him to be a public authority;

4. His presence has not prevented the offender from committing the criminal

act.

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Fiscal Salva Notes

3) Crime committed with insult or disregard of the respect due to the offended party

on account of his rank, age or sex or

committed in the dwelling


shown

1. By means of personal circumstances of the offended party;

2. by place of the commission of the crime

*Age: Disregard of Old age not aggravating

in robbery and homicide - robbery with

homicide is primarily a crime against

property and not against persons.

*Sex: Not aggravating: offender acted

passion and obfuscation; relationship exists

between offended party and offender;

condition of a woman is indispensable of the

crime.

*Refers to female sex only.

*Dwelling : If provocation was:

Given by the owner of the dwelling;

Sufficient; and,

Immediate to the commission of the crime.

Then dwelling is NOT aggravating.

Offended party must not give provocation.

*Not aggravating when both offender and

offended party are occupants of the same

house; robbery is committed with force

upon things (Inherent); trespass to dwelling

(inherent); dwelling not included in

Treachery.

4) That the crime With abuse of confidence or obvious ungratefulness


shown by the means and ways employed

Abuse of confidence, requisites: 1. That the offender had trusted the

offender.

2. That the offender abused such trust by committing the crime against the

offended party.

3. That the abuse of confidence facilitated the commission of the crime.

5) Committed in the place of the Chief Executive or where public authorities are

engaged in the discharge of their duties or

place dedicated to religious worship


shown by the place of the commission of the

crime, which must be respected

In these cases, the offender must have the

intention to commit a crime when he entered

the place.

6) Nighttime/ uninhabited place/ by a band BASIS: on the time and place of the

commission of the crime and means and

ways employed

When AGGRAVATING:

1. When it facilitated the commission of the crime(objective)

2. When especially sought for by the offender to insure the commission or for

the purpose of impunity (subjective)

3. when the offender took advantage thereof for the purpose of impunity

Nighttime (Viada) that period of darkness beginning at the end of dusk and ending at

dawn.

*Absorbed in Treachery

Exception: both treacherous attack and

nocturnity were deliberately decided treated

as separately

Uninhabitated place one where there are no houses at all, a place at a considerable

distance from town, or where the houses are

scattered at a great distance from each other.

Band whenever more than three armed malefactors shall have acted together in the

commission of an offense (all must be

principals by direct participation).

*Absorbed - Abuse of Superior of Strength

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Fiscal Salva Notes

*Inherent - in Brigandage but not in

Robbery

7) Conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune.

BASIS: Reference to the time of the

commission of the crime.

REASON: Debased form of criminality met

in one who, in the midst of a great calamity,

instead of lending aid to the afflicted, adds

to their suffering by taking advantage of

their misfortune to despoil them.

8) In aid of armed men or persons who insure or afford impunity

BASIS: the time of the commission

Requisites:

1. That the armed men or person took part in the commission of the crime, directly

or indirectly;

2. That the accused availed himself of their aid or relied upon them when the crime

was committed.

*Band may be absorbed in aid or armed men.

9) Recidivist (generic aggravating circumstance)

BASIS: Greater perversity of the offender,

as shown by his inclination to crimes.

Requisites: 1. The offender is on trial for an offense; 2. That he was previously convicted by a

final judgment of another crime;

3. That both the first and the second offenses are embraced in the same title

of Code;

4. That the offender is convicted of the new offense.

10) Reiteracion BASIS: Greater perversity of the offender as

shown by his inclination to crimes

Requisites: 1. The accused is on trial for an offense; 2. That he previously served sentence for

another offense which the law attaches

an equal or greater penalty, or for two or

more crimes to which it attaches lighter

penalty than that for the new offense;

and

3. That he is convicted of the new offense.

11) Price/Reward/Promise BASIS: Greater perversity of the offender,

as shown by motivating power itself.

If without previous promise it was given

voluntarily after the crime had been

committed as an expression of his

appreciation for the sympathy and aid shown

by other accused, it should not be taken into

consideration for the purposes of increasing

the penalty. US vs. Flores, 28 Phil. 29, 34)

12) Inundation, fire, explosion, stranding of a vessel or intentional damage thereto,

derailment of a locomotive, or by use of any

other artifice involving great waste and ruin.

BASIS: Means and ways employed

When there is no actual design to kill a

person in burning a house, it is plain arson

even if a person is killed.

13) Evident Premeditation BASIS: reference to the ways of

committing the crime because evident

premeditation implies a deliberate planning

of the act before executing it.

Requisites, the prosecution must prove:

1. The time when the offender determined to commit the crime;

2. An act manifestly indicating that the culprit has clung to his determination;

3. A sufficient lapse of time between the determination and execution, to allow

him to reflect upon the consequence of

his act and to allow conscience to

overcome the resolution of his will.

*Inherent: Robbery; theft; estafa

*Absorbed: Reward/promise

*May be Aggravating: Robbery with Homicide

if included in killing.

P a g e | 15


Fiscal Salva Notes

14) Craft, fraud or disguise BASIS: Means employed in the

commission of the crime

Craft involves the use of intellectual trickery or cunning on the part of the

accused.

Fraud insidious words or machinations use to induce the victim to act in a manner

which would enable the offender carry out

his design.

Disguise resorting to any device to conceal identity.

15) Advantage be taken of superior strength/ means be employed to weaken defense

BASIS: Means employed in the


Abuse of superior strength is also present

when the offender uses a weapon which is

out of proportion to the defense available to

the offended party.

*Absorbed in Treachery

*Inherent in Parricide

*Absorbed in Band

16) Treachery (alevosia) BASIS: Means employed in the


Treachery there is treachery when the offender commits any of the crimes against

person, employing means, method or forms

in the execution thereof which tend directly

and specially to insure its execution, without

risk to himself arising from the defense

which the offended party might make.

Requisites:

1. That at the time of attack, the victim was not in a position to defend himself; and

2. That the offender consciously adopted the particular means, method or form on

the attack employed by him.

Summary of rules: (1) When aggression

is continuous, treachery must be present

at the beginning of the assault; (2) When

the assault was not continuous, in that

there was interruption, it is sufficient

that treachery was present at the moment

the fatal blow was given.

*Absorbed: Disregard of Sex; Craft; Abuse of

superior strength; employing means to weaken

defense sudden and unexpected attack; band; aid or

armed men; nighttime

17) Ignominy BASIS: Means employed

Ignominy pertains to moral order, which adds disgrace and obloquy to the material

injury caused by the crime.

*Applicable to: Crimes against chastity; less

serious physical injuries; slight grave injuries;

murder

18) That crime be committed after an unlawful entry.


There is unlawful entry when an entrance is

effected by a way not intended for the

purpose.

19) That as a means to the commission of the crime, a wall, roof, floor, door, or window

be broken.


The act of entering through the window,

which is not the proper place for entrance

into the house, constitutes unlawful entry.

20) Crime be committed with aid of persons under 15 years of age or by means of

motor vehicles, airships, or other similar

means.


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Fiscal Salva Notes

minors taking advantage of their irresponsibility

must be motorized

USE OF MOTOR vehicle AGGRAVATING, where the

accused purposely and deliberately

used the motor vehicle in:

1. going to the place of the crime 2. carrying away the effects thereof 3. in facilitate their escape

21) Deliberately augmented by causing other wrong (cruelty)

BASIS: Ways employed to commit the

crime

Cruelty when the culprit enjoys and delights in making his victim suffer slowly

and gradually, causing him unnecessary

physical pain in the consummation of the

criminal act. People vs. Dayug, 49 Phil. 423,

427

Requisites:

1. That the injury caused be deliberately increased by causing other wrong;

2. That the other wrong be unnecessary for the execution of the purpose of the

offender.

IGNOMINY CRUELTY

Involves mental

suffering

Refers to physical

suffering

ARTICLE 15: ALTERNATIVE

CIRCUMSTANCES

Relationship Intoxication Degree of instruction and education of the offender

1) Relationship 1. Spouse 2. Ascendants 3. Descendants 4. Legitimate, natural or adopted brother or

sister

5. relative by affinity in same degree of the offender

6. stepfather or stepmother / stepson / stepdaughter

7. adopted parent and adopted child

Crimes against Property

Mitigating Exempting

--robbery

-usurpation

-fraudulent insolvency

-arson

-theft

-estafa

-malicious mischief if

the offender and the

offended party lives

together

Crimes against Person

Mitigating Aggravating

Less serious physical

injuries, slight

physical injuries, if the

offended party is

lower in degree;

Less serious physical

injuries, slight physical

injuries, if the offended

party is higher in degree;

When admitted:

ascendants, descendants,

legitimate, natural or

adopted brothers or sisters,

relatives by affinity within

the same degrees;

-Rape- if done by

stepfather or father

-Homicide/Muder

Crimes against Chastity

Acts of Lasciviousness- always aggravating

2) Intoxication


If not habitual When habitual

Not subsequent to the

plan

Intentional

3) Degree of Instruction


Low degree High degree

When schooling was

confined in studying

When offender took

advantage of the degree

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Fiscal Salva Notes

Crimes against Property; Chastity; Treason -

Always Aggravating

Absolutory Causes

Those where the act committed is a crime but for

reasons of public policy the accused is exempt from

criminal liability.

Other Absolute Causes:

1) Spontaneous desistance

2) Accessories who are exempt from criminal

liability

3) Persons exempt from criminal liability for

theft, estafa and malicious maischief

4) Instigation committed by a peace officer

5) Death or physical injuries under exceptional

circumstances

6) Relationship

7) Marraige

ARTICLE 16: WHO ARE CRIMINALLY

LIABLE

*Qualify if grave, less grave or light felonies

Grave and less grave felonies 1. Principal

2. Accomplice

3. Accessories

Light felonies

1. Principals

2. Accomplices

*Accesories are not liable for light felony because it

produces such insignificant moral and material

injuries that public conscience is satisfied with

providing a light felony for their consummation.

Wrong done is so olight, there is no need of

providing penalty.

Accomplice vs Principal by Indispensable

Cooperation

Accomplice Principal by

Indispensable

Cooperation

Community of criminal

design

Community of criminal

design

Dispensable for the

commission of the

offense

(Could be committed

even without the

participation of the

Indispensable for the

commission of the

offense (without whose

participation would not

have been committed)

Art. 17. Principals. The following are considered principals:

1. Those who take a direct part in the execution of the

act;

2. Those who directly force or induce others to commit

it;

3. Those who cooperate in the commission of the

offense by another act without which it would not have

been accomplished.

Art. 18. Accomplices. Accomplices are those persons who, not being included in Art. 17, cooperate in the

execution of the offense by previous or simultaneous acts.

Art. 19. 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: chan robles virtual law

library

1. By profiting themselves or assisting the offender to

profit by the effects of the crime.chanrobles virtual law

library

2. By concealing or destroying the body of the crime, or

the effects or instruments thereof, in order to prevent its

discovery.chanrobles virtual law library

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.

Art. 20. Accessories who are exempt from criminal

liability. The penalties prescribed for accessories shall not be imposed upon those who are such with respect to

their spouses, ascendants, descendants, legitimate, natural,

and adopted brothers and sisters, or relatives by affinity

within the same degrees, with the single exception of

accessories falling within the provisions of paragraph 1 of

the next preceding article.

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Fiscal Salva Notes

accomplice)

Does not take direct

part in the commission

of the crime

Takes direct part in the


ARTICLE 19: ACESSORY

Art. 19, par. 1

1. By profiting themselves or assisting the offender to profit by the effects of the crime.

In relation to Anti-Fencing Law (PD 1612)

Fencing act of any person who with intent to gain for himself or for another, shall buy, receive,

possess, keep, acquire, conceal, sell, or dispose of

or shall buy and sell or in any other manner deal in

any article item object or anything of value which

he know or should be known to him to have been

derived of proceeds of the crime of robbery or theft.

Presumption of fencing mere possession of any goods article, item, object or anything of value

which has been the subject of robbery or thievery

shall be prima facie evidence of fencing

Article 19, par. 3

1. By public officer harboring, concealing or assisting in the escape of the principal of any

crime (not light felony) with the abuse of

public functions

2. Private persons harboring, concealing or assisting in the escape of the author of the

crime 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 (MAPHAT)

*The private person is liable under PD

1829(obstruction of justice) if he assisted the

author the crime for crimes other than 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.

In relation to Crime of Obstruction of Justice (PD

1829)

PD 1829 penalizes the act of any person

who knowingly or willfully obstructs, impedes,

frustrates or delays the apprehension of suspects

and the investigation and prosecution of crimes

*Not necessary that principal of a felony is

convicted first before an accessory could be held

liable, as long as there is corpus delicti, by the

principal and act of accessory, with competent

evidence can be liable as accessory.

*Corpus Delicti elements:

1. A crime has been committed 2. There is an author of the crime

ARTICLE 22: RETROACTIVITY OF PENAL

LAWS

GR: Penal laws are applied prospectively.

XPN: when penal laws favor the accused.

XPN:

1. Habitual criminal (Person who within a period of ten years

from the date of his last

conviction or release the crime

of falsification, robbery, estafa,

theft, serious or less serious

physical injuries is found guilty

of any said crime for a third

time or oftener).

2. The new or amendatory law provide proscription for the

retrospective application.

ARITCLE 23: PARDON BY THE OFFENDED

PARTY

May an offended party grant pardon to an offender?

If so what are the effects?

Yes. Art. 23. Effects of pardon by the

offended party does not extinguish criminal action

except as provided in article 344 of this code.

*Art 344. Except in prosecution of crimes adultery,

concubinage, seduction, abduction, and acts of

lasciviousness Pardon by the offended party extinguishes criminal action

Also in rape Art 266 [c] subsequent marriage

between the offender and the offended party shall

extinguish criminal action

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Fiscal Salva Notes

*In marital rape criminal action is not extinguished

if marriage is void.

ART.29 PREVENTIVE IMPRISONMENT

What is preventive imprisonment?

It is the period of detention to be undergone

by an accused when the offense with which he is

charged is non-bailable or even if bailable he cannot

post a bond for his provisional liberty.

Requisites:

1. The sentence imposed by the court consists of deprivation of liberty or imprisonment;

2. The offender has undergone preventive imprisonment during the pendency of the

criminal proceeding until the penalty of

judgment;

3. The detention prisoner agrees voluntarily in writing by the same disciplinary rules

imposed upon convicted prisoners.

Accused entitled to full credit if he agrees

voluntarily to abide by the same disciplinary rules

imposed upon convicted prisoners. Otherwise, if he

disagrees he will only be entitled to 4/5 of the

credit.

Who are not entitled to full-credit or 4/5 of the time

of preventive imprisonment?

1. Recidivists or those convicted previously twice or more times of any crime; (includes

habitual delinquents)

2. Those who, upon being summoned for the execution of their sentence have failed to

surrender voluntarily.

What are different benefits of the accused?

1. Pre-sentence benefits (no conviction) a. Release/recognizance or reduce amount

of bail (Rule 114, Section 16)

i. When the person has been in custody for a period equal to or more than the

possible imprisonment prescribed for

the offense charged, he shall be

released immediately, without

prejudice to the continuation of the

trial or the proceedings on appeal.

ii. If the maximum penalty to which the accused may be sentenced is destierro

he will be released after thirty (30)

days of preventive imprisonment.)

iii. A person in custody for a period equal to or more than the minimum of the

principal penalty prescribed for the

offense charged, without application

of the Indeterminate Sentence Law or

any modifying circumstance, shall be

released on a reduced bail or on his

own recognizance, at the discretion of

the court.

2. Post-sentence benefits a. When a detention prisoner agrees

voluntarily in writing to observe the

same disciplinary measures imposed

upon convicted prisoners, he shall be

credited the full-time of the service he

has undergone preventive imprisonment

and it will be deducted on his final

sentence

b. If the detention prisoner do not agree voluntarily in writing after being

informed the effects thereof and with

the assistance of counsel to abide by the

same disciplinary rules imposed upon,

he shall be only credited in the service

of his sentence with 4/5 of the time

during which he has undergone

preventive imprisonment, provided that

(1) he is not a recidivists or have been

convicted previously twice or more

times of any crime; and (2) upon being

summoned for the execution of their

sentence they have failed to surrender

voluntarily. (Golden Notes)

c. if the penalty imposed after trial is less than the full time or less than 4/5 of the

preventive imprisonment-the convict

shall be released by the court

immediately (Golden Notes)

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Fiscal Salva Notes

[REPUBLIC ACT NO. 10592]

AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99

OF ACT NO. 3815, AS AMENDED, OTHERWISE

KNOWN AS THE REVISED PENAL CODE

Be it enacted by the Senate and House of Representatives of

the Philippines in Congress assembled:

SECTION 1. Article 29 of Act No. 3815, as amended,

otherwise known as the Revised Penal Code, is hereby further

amended to read as follows:

ART. 29. Period of preventive imprisonment deducted from term of imprisonment. Offenders or accused who have undergone preventive imprisonment shall be credited in the

service of their sentence consisting of deprivation of liberty,

with the full time during which they have undergone

preventive imprisonment if the detention prisoner agrees

voluntarily in writing after being informed of the effects

thereof and with the assistance of counsel to abide by the same

disciplinary rules imposed upon convicted prisoners, except in

the following cases:

1. When they are recidivists, or have been convicted previously twice or more times of any crime; and

2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.

If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall

do so in writing with the assistance of a counsel and shall be

credited in the service of his sentence with four-fifths of the

time during which he has undergone preventive imprisonment.

Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from thirty (30) years.

Whenever an accused has undergone preventive imprisonment for a period equal to the possible maximum

imprisonment of the offense charged to which he may be

sentenced and his case is not yet terminated, he shall be

released immediately without prejudice to the continuation of

the trial thereof or the proceeding on appeal, if the same is

under review. COMPUTATION of preventive imprisonment

for purposes of immediate release under this paragraph shall

be the actual period of detention with good conduct time

allowance: Provided, however, That if the accused is absent

without justifiable cause at any stage of the trial, the court

may motu proprio order the rearrest of the accused: Provided,

finally, That recidivists, habitual delinquents, escapees and

persons charged with heinous crimes are excluded from the

coverage of this Act. In case the maximum penalty to which

the accused may be sentenced is lestierro, he shall be released

after thirty (30) days of preventive imprisonment.

SEC. 2. Article 94 of the same Act is hereby further amended

to read as follows:

ART. 94. Partial extinction of criminal liability. Criminal liability is extinguished partially:

1. By conditional pardon;

2. By commutation of the sentence; and

3. For good conduct allowances which the culprit may earn while he is undergoing preventive imprisonment or serving his

sentence.


to read as follows:

ART. 97. Allowance for good conduct. The good conduct of any offender qualified for credit for preventive

imprisonment pursuant to Article 29 of this Code, or of any

convicted prisoner in any penal institution, rehabilitation or

detention center or any other local jail shall entitle him to the

following deductions from the period of his sentence:

1. During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each month of good

behavior during detention;

2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a reduction of twenty-three

days for each month of good behavior during detention;

3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of

twenty-five days for each month of good behavior during

detention;

4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of thirty days

for each month of good behavior during detention; and

5. At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in addition to

numbers one to four hereof, for each month of study, teaching

or mentoring service time rendered.

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


to read as follows:

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Fiscal Salva Notes

ART. 98. SPECIAL time allowance for loyalty. A deduction of one fifth of the period of his sentence shall be

granted to any prisoner who, having evaded his preventive

imprisonment or the service of his sentence under the

circumstances mentioned in Article 158 of this Code, gives

himself up to the authorities within 48 hours following the

issuance of a proclamation announcing the passing away of

the calamity or catastrophe referred to in said article. A

deduction of two-fifths of the period of his sentence shall be

granted in case said prisoner chose to stay in the place of his

confinement notwithstanding the existence of a calamity or

catastrophe enumerated in Article 158 of this Code.

This Article shall apply to any prisoner whether undergoing preventive imprisonment or serving sentence.


to read as follows:

ART. 99. Who grants time allowances. Whenever lawfully justified, the Director of the Bureau of Corrections, the Chief

of the Bureau of Jail Management and Penology and/or the

Warden of a provincial, district, municipal or city jail shall

grant allowances for good conduct. Such allowances once

granted shall not be revoked.

SEC. 6. Penal Clause. Faithful compliance with the provisions of this Act is hereby mandated. As such, the

penalty of one (1) year imprisonment, a fine of One hundred

thousand pesos (P100,000.00) and perpetual disqualification

to hold office shall be imposed against any public officer or

employee who violates the provisions of this Act.

SEC. 7. Implementing Rules and Regulations. The Secretary of the Department of Justice (DOJ) and the Secretary of the

Department of the Interior and Local Government (DILG)

shall within sixty (60) days from the approval of this Act,

promulgate rules and regulations on the classification system

for good conduct and time allowances, as may be necessary, to

implement the provisions of this Act.

SEC. 8. Separability Clause. If any part hereof is held invalid or unconstitutional, the remainder of the provisions not

otherwise affected shall remain valid and subsisting.

SEC. 9. Repealing Clause. Any law, presidential decree or issuance, executive order, letter of instruction, administrative

order, rule or regulation contrary to or inconsistent with the

provisions of this Act is hereby repealed, modified or

amended accordingly.

EFFECTS OF PENALTIES

Art. 34. Civil Interdiction. Civil interdiction shall deprive the offender during the time of his

sentence the rights:

1. parental authority or guardianship either as to person or property of any ward;

2. marital authority; and 3. right to manage his property or right to

dispose such property by any act or any

conveyance inter vivos

*He can make a will or disposition mortis causa

What is the nature of civil interdiction?

Accessory to death, r. perpetua, and r. temporal

How is it imposed?

Deemed imposed with the principal penalty

During what time the convict suffers civil

interdiction?

During service of sentence

Art. 36. Pardon. Its effects. Pardon shall not work the restoration of the right to hold public

office or the right of suffrage, unless such rights be

expressly restored by the terms of the pardon.

Pardon shall not exempt the culprit from payment

civil indemnity imposed upon him by the sentence.

What is the effect of pardon?

Penalty is extinguished. However, the right to hold

public office and the right to suffrage is not restored

unless expressly restored in the pardon.

Pardon granted in general terms does not include

accessory penalty except when an absolute pardon

is granted after the term of imprisonment has

expired and it appears that the purpose of the chief

executive is precisely to restore those rights.

Limitations

*When can the President exercise pardon?

1. Power can be exercised only after conviction by final judgment.

2. Cannot extend to cases of impeachment.

P a g e | 22


Fiscal Salva Notes

*What is the effect of submitting the application for

pardon pending appeal?

The persons who submitted the application shall be

criminally and administratively liable. Because

pardon may be granted only after conviction by

final judgment.

Pecuniary liability (Art. 38) in relation to

Subsidiary Penalty (Art. 39)

Art. 38. Order of payment. - in case property of

the offender shall not be sufficient for the payment

of all his pecuniary liability the same shall be met in

the following order(RIFC):

1. Reparation of the damage caused; 2. Indemnification of consequential damages 3. Fine or 4. Cost of the proceedings

The order of payment of pecuniary liabilities must

be observed the courts cannot disregard the order of

payment.

Art. 39. Subsidiary Penalty. It is a subsidiary personal liability to be suffered by the convict who

has no property with which to meet the fine, at the

rate 1 day for each highest minimum wage in the

Philippines.

Subsidiary imprisonment is not an accessory

penalty. It must be expressly imposed in the

judgment of conviction. No subsidiary

imprisonment if not stated in the decision.

Subsidiary penalty is not applicable for other

pecuniary liabilities. ONLY FOR FINE.

How can an accused be compelled to undergo

subsidiary imprisonment?

1. Must be declared in the judgment. 2. Possible only if the penalty imposed are:

a. Prision correcional b. Suspension and fine c. Destierro d. Arresto mayor e. Arresto menor f. Fine only

Rules:

1. The penalty imposed is prision correcional or arresto and fine - subsidiary

imprisonment shall not exceed 1/3 of the

term of sentence and shall in no case

continue for one year.

2. When the penalty imposed is fine only - the subsidiary imprisonment shall not exceed

six (6) months if the offense is grave or less

grave and not to exceed fifteen (15) days in

light felony.

3. When the penalty imposed is HIGHER THAN PRISION CORRECIONAL NO

SUBSIDIARY IMPRISONMENT.

4. If the penalty imposed is not by confinement (*destierro and suspension), but a fixed

duration the nature of subsidiary penalty is the same that of principal penalty, same

rules in rule 1, 2, 3.

*If no fixed duration subsidiary

imprisonment is not applicable.

5. In case financial circumstances of the convict should improve, he shall pay the fine

(e.g. won the lottery).

In case financial circumstances of the convict

should improve, he shall pay the fine (e.g. won the

lottery).

[REPUBLIC ACT NO. 10159]

AN ACT AMENDING ARTICLE 39 OF ACT NO. 3815,

AS AMENDED, OTHERWISE KNOWN AS THE

REVISED PENAL CODE

Be it enacted by the Senate and House of Representatives of

the Philippines in Congress assembled:

SECTION 1. Article 39 of Act No. 3815, as amended, is

hereby further amended to read as follows:

Art. 39. Subsidiary Penalty. If the convict has no property with which to meet the fine mentioned in paragraph 3 of the

next preceding article, he shall be subject to a subsidiary

personal liability 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, subject to the following rules:

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Fiscal Salva Notes

1. If the principal penalty imposed be prision correctional or arresto and fine, he shall remain under

confinement until his fine referred in the preceding paragraph

is satisfied, but his subsidiary imprisonment shall not exceed

one-third of the term of the sentence, and in no case shall it

continue for more than one year, and no fraction or part of a

day shall be counted against the prisoner.

2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months, if the

culprit shall have been prosecuted for a grave or less grave

felony, and shall not exceed fifteen days, if for a fight felony.

3. When the principal penalty imposed is higher than prision correctional, no subsidiary imprisonment shall be imposed

upon the culprit.

4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is of fixed

duration, the convict, during the period of time established in

the preceding rules, shall continue to suffer the same

deprivations as those of which the principal penalty consists.

5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him

from the fine in case his financial circumstances should

improve. (As amended by Republic Act No. 5465, which lapsed into law on April 21, 1969.)

APPLICATION OF PENALTIES

Art 46. In relation to Arts. 50 57

*As a general rule whenever theres a penalty imposed by law it must be imposed on the principal

as consummated.

Art. 46. Penalties to be imposed upon principals

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

1. upon principals 2. for consummated felony

Arts. 50 57

Principal

Consummated

0

Frustrated

1

Attempted

2

Accomplice 1 2 3

Accessory 2 3 4

XPN: Art. 60 When theres a specific penalty provided for a frustrated or attempted felony or to

be imposed upon the accessory or accomplice

COMPLEX CRIMES

Distinguish between simple complex crime

and special complex crime

Ordinary Complex Crime

Art. 48 provides for the two kinds of ordinary

complex crimes:

1. When a single act constitutes two or more grave or less grave felony it is the first kind

of ordinary complex crime.

Requisites of Compound Crime:

a. That only a single act is performed by the offender

b. That the single act produces two or more grave or less grave felonies

2. When an offense is a related fact or a necessary means for the commission of

another.

Requisites:

a. At least two offenses are committed b. That one of the offenses must be a

necessary means for committing the

other.

c. That both of the offenses must be punished under the same statute

*No complex crime when one of the offenses was

committed for the purpose of concealing the

commission of the other

*NO complex crime in case of continuing crimes

*NO complex crime when the other crime is an

indispensable part or an element of the other

offenses

*No complex crime where one of the offenses is

penalized by special law

*No complex crime in case of special complex

crimes

Both offenses must be punished under the RPC

Light felony cannot be complexed with grave

felony or less grave felony

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Fiscal Salva Notes

What is the nature of Art. 48?

It creates a situation where the complex

crime becomes a special aggravating circumstance

when it come to the imposition of penalty because

under the latter portion of Art. 48, after monitoring

the two kinds of ordinary complex crime it says that

the penalty shall be that which are then to be of the

most serious offense that shall be imposed on its

maximum period. It becomes a special aggravating

circumstance because now it shall be imposed in its

maximum period, and when the law says that shall

be imposed in its maximum period it could not be

offset by any ordinary mitigating circumstance.

That is the essence of special aggravating in

contrast with generic aggravating circumstance

which could be offset or compensated by an

ordinary mitigating circumstance.

In relation to aberratio ictus when a

person committed a felony, although the wrongful

act done than be different that committed shall be

liable for all natural logical consequences of the

fact.

E.g., X intends to kill y but the bullet did not hit.

Because of poor aim it landed however on an

innocent victim who was by this time hit and the

one who died.

There are two felonies in a single act which

resulted from that one act of shooting, attempted

homicide and consummated homicide. Now,

applying the imposition of penalty for ordinary

complex crime, what is the penalty to be imposed?

Penalty for consummated homicide which is

reclusion temporal to be imposed in its maximum

period.

Special Complex Crime

Two simple crimes but which the RPC has defined

a single offense with a single penalty.

Ordinary Complex vs Special Complex Crime

Ordinary Complex Special Complex

Crime

Composed of two or

more crimes punished in

Made up of two

or more crimes which

different provisions of

the RPC brought about

by a single act or where

one offense is a

necessary means of

committing another

offense

are considered as

components of single

indivisible offense

Penalty imposable is the

penalty for the most

serious crime in its

maximum period

Penalty

imposable is the penalty

specifically provided by

law

Delito Continuado (Continued)

One where the accused is impelled by a

single criminal impulse but commits a series of

overt acts at or about the same time in about the

same place and said acts violate the same offense.

The reason is that neither the criminal act nor the

intention is susceptible of division.

Continuing Crime (Transitory) moving crime one act which originated in one place and is continuing in several places, and for purposes of determining the venue, the case may be filed in any place where a part of the crime has been committed

Art. 49. Penalty to be imposed upon the

principals when the crime committed is different

from that intended in relation to mistake in

identity or error in persona

Rule:

1. If the penalty prescribed for the felony committed is higher than the

corresponding offen

crim rev midterms pointers

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