Criminal Law Reviewer

Criminal Law Reviewer (Art. 1-113) Criminal Law Reviewer (Art. 1-113) Criminal Law – is that branch of public substantive law which defines offenses and prescribes their penalties. It is also that branch of municipal law, which defines crimes, treats of their nature and provides for their punishment. 3 Characteristics of Criminal Law: 1) Generality - means that the criminal law of the country governs all persons within the country regardless of their race, belief, sex, or creed. However, it is subject to certain exceptions brought about by international agreement. Ambassadors, chiefs of states and other diplomatic officials are immune from the application of penal laws when they are in the country where they are assigned. (Hindi kasama dito ang diplomats, etc.) 2) Territoriality - means that the penal laws of the country have force and effect only within its territory. It cannot penalize crimes committed outside the same. This is subject to certain exceptions brought about by international agreements and practice. The territory of the country is not limited to the land where its sovereignty resides but includes also its maritime and interior waters as well as its atmosphere. (kasama lahat dito!) Terrestrial: jurisdiction exercised over the land Fluvial: jurisdiction over maritime and interior waters (3-5 nautical miles from the shore, sakop pa rin natin) Aerial: jurisdiction over the atmosphere (airspace natin) 3) Prospectivity - Acts or omissions will only be subject to a penal law if they are committed after a penal law had already taken effect. Vice-versa, this act or omission which has been committed before the effectivity of a penal law could not be penalized by such penal law because penal laws operate only prospectively. French Rule The French Rule provides that the nationality of the vessel follows the flag which the vessel flies, unless the crime committed endangers the national security of a foreign country where the vessel is within jurisdiction in which case such foreign country will never lose jurisdiction over such vessel. American Rule / Anglo-Saxon Rule This rule strictly enforces the territoriality of criminal law. The law of the foreign country where a foreign vessel is within its jurisdiction is strictly applied, except if the crime affects only the internal management of the vessel in which case it is subject to the penal law of the country where it is registered.

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°Nullum crimen, nulla poena sine lege‖ – There is no crime when there is no law punishing the same. This is true to civil law countries, but not to common law countries. No matter how wrongful, evil or bad the act is, if there is no law defining the act, the same is not considered a crime.

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Common law crimes are wrongful acts which the community/society condemns as contemptible, even though there is no law declaring the act criminal. Not any law punishing an act or omission may be valid as a criminal law. If the law punishing an act is ambiguous, it is null and void. ―Actus non facit reum, nisi mens sit rea‖ – The act cannot be criminal where the mind is not criminal. This is true to a felony characterized by dolo, but not a felony resulting from culpa. This maxim is not an absolute one because it is not applied to culpable felonies, or those that result from negligence. ―Mens Rea‖ – in layman’s terms: ―bulls-eye‖ of a crime. Synonymous with criminal or deliberate intent, but that is not correct. It still depends on the elements of the crime. You can only detect the mens rea of a crime by knowing the particular crime committed. Without reference to a particular crime, this term is meaningless. Ex. In theft, mens rea is taking the property with intent to gain. In falsification, mens rea, is the effect of the forgery with intent to pervert the truth.

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Mala in se: Which literally means, that the act is inherently evil or bad or per se wrongful. These are punishable by our RPC. The intent is crucial. Mala prohibita(um): These are violations of special laws. Example is possession of drugs (punishable by Special Laws), ito yung kahit hindi mo gagamitin or ibebenta, the mere fact na nasa pagmamay-ari mo ito, bawal pa rin! Felony: these are acts or omissions as defined by Article 3 of the RPC. They may be differentiated by dolo (deceit) which is intentional, and culpa (fault) which is imprudence, negligence, lack of skill or foresight. Offense: are crimes punished under a special law is called as statutory offense. Misdemeanor: a minor infraction of the law, such as a violation of an ordinance, is referred to as a misdemeanor. Crime: whether the wrongdoing is punished under the Revised Penal Code or under a special law, the generic word crime can be used. Mistake of Fact: When the offender acted out of a mistake of fact, criminal intent is negated, so do not presume that the act was done with criminal intent. This is absolutory if crime involved dolo. Dolo has three requisites:

1) Criminal Intent 2) Freedom of action 3) Intelligence

Culpa has three requisites as well: 1) criminal negligence on the part of the offender , that is, the crime was the result of negligence, reckless imprudence, lack of foresight or lack of skill; 2) freedom of action on the part of the offender, that is, he was not acting under duress; and 3) Intelligence on the part of the offender in performing the negligent act. Distinction between Dolo and Culpa: Dolo, has criminal intent, and culpa has criminal negligence. Criminal Intent has 2 categories: 1) General Criminal Intent: presumed from the mere doing of a wrong act. This does not require proof. 2) Special Criminal Intent: not presumed because it is an ingredient or element of a crime, like intent to kill in the crimes of attempted or frustrated homicide /parricide /murder. The prosecution has the burden of proving the same. May a crime be committed without criminal intent? Yes. It is not necessary between these areas: 1) When the crime was committed was a product of culpa or negligence, reckless imprudence, lack of foresight or skill; 2) When the crime is a prohibited act under a special law or what is called mala prohibita(um) Distinction between intent and discernment: Intent is the determination to do a certain thing, an aim or purpose of the mind. On the other hand, discernment is the mental capacity to tell right from wrong. Distinction between intent and motive: Intent is demonstrated by the use of a particular means to bring about a desired result – it is not a state of mind or a reason for committing a crime. On the other hand, motive implies motion. It is the moving power which impels one to do an act. Distinction between negligence and imprudence: (1) In negligence, there is deficiency of action; (2)

In imprudence, there is deficiency of perception. Criminal Liability: This shall be incurred upon the person on the act of a crime (gumawa ng krimen), whether: Error in personae – mistake in identity (wrong person) Ex. A wanted to kill B, but kill C instead, this is considered as mistake in identity. Abberatio ictus – mistake in blow (wrong shot; bullet went the other way etc.) Ex. A shot B, but instead, the bullet ricocheted (bounced off) from the wall and hit C. (best example from CSI: Las Vegas where a guy in avoiding an incoming blow and someone got hit instead and that fellow died of injuries to the head hours later.) Praeter intentionem – where the consequence exceeded the intention. Ex. A dropped a pail of water on B’s head, his intention was just a joke and getting B wet. But instead of getting

wet, B died due to hemorrhage to the skull suffered from the injuries. (another best example in CSI: New York, where a sorority member inserted a canister on an inhaler of a ―sister sorority‖ to set the mood (the said canister was said to heighten sexual appetite) not knowing of her previous condition (which was asthma) which collided and thus killing her instead of setting mood, she died of orgasm.) Proximate cause: Article 4, Paragraph 1, presupposes that the act done was a proximate cause. It must be: 1) Direct 2) Natural 3) Logical consequence of the felonious act Impossible Crime: Is an act which would be an offense against person or property were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. Ex. A houseboy on the intention of raping his beautiful master went upstairs unlocked the door and proceeded to rape her without knowing that she was dead to begin with. An impossible crime was committed. Article 4, Paragraph 1 – this refers to the wrongful act done constituted a felony, although it might be different from what he intended. Ex. In saving D’s life from imminent danger of being hit by an oncoming truck, A yanked him out and set him aside. Not realizing that there were snakes or spikes where he shoved him thus resulting in his death. Article 4, Paragraph 2 – this refers to a situation where the wrongful act did not constitute any felony, but because the act would have given rise to a crime against persons or against property, the same is penalized to repress criminal tendencies to curtail their frequency. Article 5 of the RPC covers two (2) instances: 1) The court cannot convict the accused because the acts do not constitute a crime. The proper judgment is acquittal, but the court is mandated to report to the Chief Executive that said act be made subject of penal legislation and why. Ex. There is no crime committed, thus resulting in the person’s freedom/acquittal. (best example from CSI: Miami, when a guy was convicted of shooting a man, but since there was no GSR (gunshot residue) found on him, evidence showed otherwise, thus acquitting him.) 2) Where the court finds the penalty prescribed for the crime too harsh considering the conditions surrounding the commission of the crime, the judge should impose the law. The most that he could do is to recommend to the Chief Executive to grant executive clemency. Ex. In the case of complex crimes, although the punishment be given be the highest level of punishment, they recommend to the President that the prisoner be granted pardon or clemency (best example when Michael Scofield’s brother Linc was pardoned by the President) Stages in committing a felony: As emphasized on Article 6, the following are the stages: 1) Attempted – the crime was commenced first, but only injuries were sustained. 2) Frustrated – the crime that happened was in progress to 75% of the event, believing that the victim was already dead, the killer fled the scene not knowing that the victim still had a pulse and survived because the victim was brought to the hospital where he was saved. 3) Consummated – total death for the victim killed or murdered.

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Note that there is no frustrated rape only consummated, no matter how the penetration happened, it was still consummated. There is no frustrated robbery, only desistance, meaning the person about to rob the store was overcome by guilt and changed his mind later. There is no frustrated or attempted oral defamation, it is always in the consummated stage.

Formal Crimes – are crimes which are consummated in one instance. The difference between attempted and frustrated stage lies on whether the offender has performed all the acts or execution for the accomplishment of the crime. Literally, under the article 6, if the offender has performed all the acts of execution which should produce the felony as a consequence but the felony was not realized, then the crime is already in the frustrated stage. If the offender has not yet performed all the acts of execution – there is yet something to be performed – but he was not able to perform all the acts of execution due to some cause or accident other than his own spontaneous desistance, then you have an attempted felony. Desistance: On the part of the offender negates criminal liability in the attempted stage. Desistance is true only in the attempted stage of the felony. If under the definition of the felony, the act done is already in the frustrated stage, no amount of desistance will negate criminal liability. Whether the felony is attempted, frustrated or consummated, here are the following criteria involved: 1) The manner of committing the crime; 2) The elements of the crime; and 3) The nature of the crime itself Manner of committing a crime Ex. Bribery. Can the crime of frustrated bribery be committed? No. It usually takes 2 to tango. Meaning there is a principal and an accomplice. And 2 people to take part in the crime. As mentioned earlier there is no such thing as frustrated rape. In rape, it requires the connection of the offender and the offended party. No penetration at all, there is only an attempted stage. Slightest penetration or slightest connection, consummated. You will notice this from the nature of the crime requiring two participants. On physical injuries In order that in law, a deformity can be said to exist, three factors must concur:

(3)

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The injury should bring about the ugliness;

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The ugliness must be visible;

The ugliness would not disappear through natural healing process.

Elements of a crime: 1) Element of intent to damage 2) The damage inflicted 3) Intent to gain Nature of crime: 1) Grave 2) Light Conspiracy and proposal to commit felon For conspiracy to exist: 1) There is an agreement 2) The participants acted in concert or simultaneously which is indicative of a meeting of the minds towards a common criminal goal or criminal objective. When several offenders act in a synchronized, coordinated manner, the fact that their acts complimented each other is indicative of the meeting of the minds. There is an implied agreement. Two (2) kinds of conspiracy: 1) Conspiracy as a crime – more of national security (like coup d’etat) 2) Conspiracy as a manner of incurring criminal liability – following an attack, the 2 offenders conspired to get back at the person who attacked them thus resulting in his death. Proposal to commit murder is not a crime. But if B accepts the proposal, there will be conspiracy to commit murder which is a crime under the Revised Penal Code. When the conspiracy is only a basis of incurring criminal liability, there must be an overt act done before the co-conspirators become criminally liable. When the conspiracy itself is a crime, this cannot be inferred or deduced because there is no overt act. All that there is the agreement. On the other hand, if the co-conspirator or any of them would execute an overt act, the crime would no longer be the conspiracy but the overt act itself. Composite crimes – are crimes which, in substance, consist of more than one crime but in the eyes of the law, there is only one crime. Ex. Crimes with robbery with rape, robbery with homicide, robbery with physical injuries. Complex crimes – are crimes which in sum, consist of a mixture of two crimes, but the penalty that will be imposed shall be the one with the graver offense. Classifications of felonies: 1) According to the manner of their commission. Under Article 3, they are classified as, intentional felonies or those committed with deliberate intent; and culpable felonies or those resulting from negligence, reckless imprudence, lack of foresight or lack of skill. 2) According to the stages of their execution. Under Article 6., felonies are classified as attempted felony when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance; frustrated felony when the offender commences the commission of a felony as a consequence but which

would produce the felony as a consequence but which nevertheless do not produce the felony by reason of causes independent of the perpetrator; and, consummated felony when all the elements necessary for its execution are present. 3) According to their gravity. Under Article 9, felonies are classified as grave felonies or those to which attaches the capital punishment or penalties which in any of their periods are afflictive; less grave felonies or those to which the law punishes with penalties which in their maximum period was correccional; and light felonies or those infractions of law for the commission of which the penalty is arresto menor. There are five (5) circumstances affecting criminal liability: 1) 2) 3) 4) 5)

Justifying circumstances Exempting circumstances Mitigating Circumstances Aggravating Circumstances Alternative Circumstances

There are 2 others found elsewhere in the provision of the RPC: 1) Absolutory cause 2) Extenuating circumstances Absolutory cause: The effect of this is to absolve the offender from criminal liability, although not from civil liability. It has the same effect as an exempting circumstance, but you do not call it as such in order not to confuse it with the circumstances under Article 12. It has the effect of an exempting circumstance and they are predicated on lack of voluntariness like instigation. Instigation is associated with criminal intent. Difference between instigation and entrapment In instigation, the criminal plan or design exists in the mind of the law enforcer with whom the person instigated cooperated so it is said that the person instigated is acting only as a mere instrument or tool of the law enforcer in the performance of his duties. On the other hand, in entrapment, a criminal design is already in the mind of the person entrapped. It did not emanate from the mind of the law enforcer entrapping him. Entrapment involves only ways and means which are laid down or resorted to facilitate the apprehension of the culprit. Extenuating circumstance The effect of this is to mitigate the criminal liability of the offender. In other words, this has the same effect as mitigating circumstances, only you do not call it mitigating because this is not found in Article 13. Distinction between Justifying and Exempting Circumstances: Justifying Circumstances: 1) The circumstance affects the act, not the actor; 2) The act complained of is considered to have been done within the bounds of law; hence, it is legitimate and lawful in the eyes of the law; 3) Since the act is considered lawful, there is no crime, and because there is no crime, there is no criminal;

4) Since there is no crime or criminal, there is no criminal liability as well as civil liability Exempting Circumstances: 1) The circumstances affect the actor, not the act; 2) The act complained of is actually wrongful, but the actor acted without voluntariness. He is a mere tool or instrument of the crime; 3) Since the act complained of is actually wrongful, there is a crime. But because the actor acted without voluntariness, there is absence of dolo or culpa. There is no criminal; 4) Since there is a crime committed but there is no criminal, there is civil liability for the wrong done. But there is no criminal liability. However, in paragraphs 4 and 7 of Article 12, there is neither criminal nor civil liability. Justifying Circumstances: Since the justifying circumstances are in the nature of defensive acts, there must be always unlawful aggression. The reasonableness of the means employed depends on the gravity of the aggression. If the unlawful aggressor was killed, this can only be justified if it was done to save the life of the person defending or the person being defended. The equation is ―life was taken to save life.‖ Self defense: It is the element of unlawful aggression that is in issue. Never confuse unlawful aggression with provocation. Mere provocation is not enough. Defense of property rights This can only be invoked if the life and limb of the person making the defense is also the subject of unlawful aggression. Life cannot be equal to property. Defense of stranger If the person being defended is already a second cousin, you do not invoke defense of relative anymore. It will be defense of stranger. This is vital because if the person making the defense acted out or revenge, resentment or some evil motive in killing the aggressor, he cannot invoke the justifying circumstance if the relative defended is already a stranger in the eyes of the law. On the other hand, if the relative defended is still within the coverage of defense of relative, even though he acted out of some evil motive, it would still apply. It is enough that there was unlawful aggression against the relative defended, and that the person defending did not contribute to the unlawful aggression. Incomplete self-defense or incomplete justifying circumstance or incomplete exempting circumstances When you say incomplete justifying circumstance, it means that not all the requisites to justify the act are present or not the requisites to exempt from criminal liability are present. First, to have incomplete self-defense, the offended party must be guilty of unlawful aggression. Without this, there can be no incomplete self-defense, defense of relative, or defense of stranger. Second, if only the element of unlawful aggression is present, the other requisites being absent, the offender shall be given only the benefit of an ordinary mitigating circumstance. Third, if aside from the element of unlawful aggression another requisite, but not all, are present, the offender shall be given the benefit of a privileged mitigating circumstance. In

such a case, the imposable penalty shall be reduced by one or two degrees depending upon how the court regards the importance of the requisites present. Or absent. State of necessity – this is the commission of a crime to avoid an imminent and clear present danger. Fulfillment of duty – this is the commission of the crime in line of duty, and there are 2 conditions: 1) The felony was committed while the offender was in the fulfillment of a duty or in the lawful exercise of a right or office; and 2) The resulting felony is the unavoidable consequence of the due fulfillment of the duty or the lawful exercise of the right or office Exempting Circumstances: The reason for the exemption lies on the involuntariness of the act – one or some of the ingredients of voluntariness such as criminal intent, intelligence, or freedom of action on the part of the offender is missing. This includes: 1) Imbecility and insanity – take note on the grounds of insanity the accused acted with complete deprivation of intelligence in committing the crime and test of volition, whether the accused acted in total deprivation of freedom of will. 2) Minority ―Damnum absque injuria‖ – the offender is exempt from criminal liability but of civil liability as well. Mitigating Circumstances: These are accompanying or accessory condition, event, or fact that (though not constituting a justification or excuse of an offense) may be considered by the courts as reducing the degree of culpability or liability of the accused. Such circumstances may include family or personal situations, and may help in attracting a sentence less severe than a typical sentence for similar offenses. There are two distinctions: ordinary and privileged. 1) As to the nature of the circumstances, ordinary mitigating circumstance can be offset by aggravating circumstances, while privileged can never be offset. 2) As to effect, ordinary, if not offset will operate to reduce the penalty to a minimum period, provided the penalty is a divisible one (negotiable. Meaning if you hear the words of an officer Man 1, but because of the offender’s confession and divulging of other vital information, Man 1 with reduced sentence of up to 5 years with probation). With privileged, it operates to reduce the penalty by one or two degree, depending on what the law provides. Sufficient threat or provocation: This is mitigating only if the crime was committed on the very person who made the threat or provocation. The common set-up given in a bar problem is that of provocation was given by somebody. The person provoked cannot retaliate against him; thus, the person provoked retaliated on a younger brother or on an elder father. Although in fact, there is sufficient provocation, it is not mitigating because the one who gives the provocation is not the one against whom the crime was committed.

Diminished self control has two criteria: 1) Time has lapsed after the provocation was initially given (ex. A guy was insulted at this moment, and retaliated back after 24 hours. Giving him enough time to think of his actions) 2) If there is that time element and at the same time, facts are given indicating that at the time the offender committed the crime, he is still suffering from outrage of the threat or provocation done to him, then he will still get the benefit of this mitigating circumstance. Vindication of a grave offense, the vindication need not be done by the person upon whom the grave offense was committed. Passion or obfuscation – this stands on the premise or proposition that the offender is suffering from a diminished self-control because of passion or obfuscation. Passion must be legitimate. This occurs when an assault on spouse or loved one is prominent, and because of a jealous outbreak you end up killing the person assaulting your spouse or loved-one. Physical defect is another mitigating circumstance. Regardless of any physical defect a person may still commit a crime as the other parts of the body are fully functioning and could still commence the crime. Blind, and invalid are not exempted. Some parts of their body are still working. Aggravating Circumstances: Circumstances that increase the seriousness or outrageousness of a given crime, and that in turn increase the wrongdoer's penalty or punishment. 1) 2) 3) 4)

These are the kinds of aggravating circumstances: Generic or those that can generally apply to all crime; Specific or those that apply only to a particular crime Qualifying or those that change that change the nature of the crime Inherent or those that must of necessity accompany the commission of the crime Distinctions between Aggravating and Qualifying circumstances

In aggravating: 1) The circumstance could be offset by a mitigating circumstance, 2) No need to allege this circumstance in the information, as long as it is proven during trial. If it is proved during trial, the court would consider the same in imposing the penalty; 3) It is not an ingredient of a crime. It only affects the penalty to be imposed but the crime remains the same In qualifying circumstances: 1) The circumstance affects the nature of the crime itself such that the offender shall be liable for a more serious crime. The circumstance is actually an ingredient of the crime 2) Being an ingredient of the crime, it cannot be offset by any mitigating circumstance 3) Qualifying circumstances to be appreciated as such must be specifically alleged in the complaint or information. If not alleged but proven during the trial, it will be considered only as generic aggravating circumstance. If this happens, they are susceptible of being offset by a mitigating circumstance

Aggravating circumstances includes: 1) Taking advantage of public position – this means you use public office as a medium to commence a crime thinking that you wouldn’t be convicted (well guess again!) 2) Disrespect due to age, rank and sex –this refers to old, young and for the sex, it’s the female 3) Abuse of confidence – this is not mere betrayal of trust just because in example you left your daughter in the trust of a neighbor and your neighbor rapes your daughter. That is not aggravating, what is aggravating if it was done to you. 4) Dwelling – this refers to house, regardless if its yours or not! 5) Band – obviously this refers to more than 3 people! It would be bad enough as it is if one person kills you, but a group? (hello! Common sense!) 6) Uninhabited place – this refers to an area far away from civilization, if this is you, it would be so unfair as the criminal intends that you won’t be saved, this is considered as aggravating. 7) Nighttime – you are rendered defenseless at this point in moment in time. You are sleeping, so killing you while sleeping aggravates the whole thing! 8) Treachery – violation of allegiance or faith. You create this once your allegiance/loyalty to someone is destroyed. 9) Evident premeditation – it means you planned this all along!!! 10) Breaking and entering is included as well! 11) If you ask the aid of people below 15 years of age, the crime gets aggravated! (best example CSI: Miami, when an offender asked the aid of Horatio’s son Kyle who at the time of the offense was 15, ranking him as a juvenile) 12) Craft, disguise or fraud be used in committing a crime. 13) If you create an explosion, poison, stranding a vessel, fire, (all man-made accidents) these also aggravate the situation. If you use these examples to hide your crime, then you’re facing jail time for a lifetime. 14) If you accepted a bribe, reward or price in exchange for a commencement of a crime, well consider these things aggravating. 15) Another aggravating circumstances, you kill someone and being a show-off, you exposed the person, not only dead, but naked as well and hung him on a tree, this is ignominy. Kumbaga sa dead, double-dead na ito! 16) If you use your size to get your way and in the end resulting in death, then this is also considered as aggravating. 17) During natural causes of accidents like earthquake or epidemic and you used it as a cover for your crime, this is also aggravating. (Best example of this, CSI: Miami, a robbery took place during a tsunami event. The robbers used a geologist to cover for them. Talk about good research! But regardless, it’s still aggravating circumstances) 18) If you commit a crime in the executive palace, regardless of the existence of the president or not, the grounds are still aggravating. Especially if you shoot a gun inside a church! 19) If you insult a public officer, that is also an aggravating circumstance. 20) If you also asked the help of armed men, it also aggravates the case. Recidivism – the offender at the time of the trial shall have been previously convicted by final judgment of another in the same title of the RPC. Ex. A guy committed murder last 2 months ago, and now he is being convicted of homicide. Reiteration – the offender has been punished for an offense which the law attaches an equal greater penalty for two or more crimes to which it attaches a lighter penalty. This time, separate titles are applicable. Ex. Robbery with rape is a good example.

Habitual delinquency – the offender within a 10-year period from the date of release or conviction of the crimes: robbery, estafa, murder, the third time. Alternative Circumstance: These offenses are against your family (relationship) These offenses also cover the part when you’re drunk (so stop drinking!) It doesn’t care if you’ve finished a college degree or a simple 1st grader. Everyone has a tendency to become a murderer. The following are Criminally Liable for Grave felonies: 1) Principals – main doers of the crime 2) Accomplices – the one who helped in the execution 3) Accessories – one may not be there during the crime, but after you help hide the evidence (obstruction of justice ito) The following are Criminally Liable for Light felonies: 1) Principals 2) Accomplices

Grave felonies: These felonies are punishable by the highest possible punishment: lifetime imprisonment or 630 years. Examples are rape, murder, robbery, treason. Light felonies: These felonies, are punishable by lightest punishments: arresto menor, bail. These are commenced due to infractions and misdemeanors. Accessories who are exempt from Criminal Liability are your relatives, siblings, spouses. 1) 2) 3) 4) 5)

Punishments given for Grave Felonies: Reclusion perpetua Reclusion temporal Perpetual or temporary disqualification Perpetual or special disqualification Prision mayor

1) 2) 3) 4)

Correctional penalties: Prision correccional Arresto mayor Suspension Destierro

Light penalties 1) Arresto menor 2) Public censure Penalties common to the three preceding classes: 1) Fine and 2) Bond to keep the peace.

Art. 21. Penalties that may be imposed. — No felony shall be punishable by any penalty not prescribed by law prior to its commission. : Meaning, you cannot punish anyone with any penalty if he or she did not commit any crime, thus the legal maxim: ―Nullum crimen, nulla poena sine lege‖ - There is no crime when there is no law punishing the same. Ex: A man was convicted of murder, but his alibi and evidence showed otherwise. Should the man be convicted of murder or not? A: No, he shouldn’t be. There was no felony committed, therefore, no penalty is prescribed by law punishing it, thus the legal maxim: Nullum crimen, nulla poena sine lege – there is no crime when there is no law punishing the same. In the case given, although the man was convicted of murder, the evidence and alibi does not tie him to the crime. Thus eliminating him of any liability for there was no crime committed. Art. 22. Retroactive effect of penal laws. — Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same. : With relation to Art. 4 of the Civil Code: ―Laws shall have no retroactive effect unless otherwise provided,‖ meaning, laws are usually prospective. They never look back. Say for example, a man committed a crime of murder, if he was sentenced for the penalty of the death sentence, and since it was abolished, it will no longer follow. Should it be implemented back, he is no longer covered by such punishment. Art. 23. Effect of pardon by the offended party. — A pardon of the offended party does not extinguish criminal action except as provided in Article 344 of this Code; but civil liability with regard to the interest of the injured party is extinguished by his express waiver. : This is in connection to the pardoning of the President to the accused. Usually in the case of rape, unless the person is forgiven by the victim, then the offender is not pardoned. The difference between amnesty and pardon lies between the erasure of the conviction and the crime itself. Pardon, excuses the convict from serving the sentence. Ex: Suppose, instead of amnesty, what was given was absolute pardon, then years later, the offender was again captured and charged for rebellion, he was convicted, is he a recidivist? A: Yes, he is. Pardon, although absolute, does not erase the effects of conviction. It only excuses the accused from serving his sentence.

In the case at bar, the accused was awarded or given pardon, not amnesty, which erases not only the conviction but also the crime itself. He then commits a crime of rebellion, thereby making him a recidivist. Art. 24. Measures of prevention or safety which are not considered penalties. — The following shall not be considered as penalties: 1. The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or illness requiring their confinement in a hospital. 2. The commitment of a minor to any of the institutions mentioned in Article 80 and for the purposes specified therein. 3. Suspension from the employment of public office during the trial or in order to institute proceedings. 4. Fines and other corrective measures which, in the exercise of their administrative disciplinary powers, superior officials may impose upon their subordinates. 5. Deprivation of rights and the reparations which the civil laws may establish in penal form. : The abovementioned are not penalties for a crime. Rather they are just part of due process given to an accused. Art. 25. Penalties which may be imposed. – The penalties which may be imposed according to this Code, and their different classes, are those included in the following: Capital punishment: Death Afflictive penalties: Reclusion perpetua, Reclusion temporal, Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Prision mayor. Correctional penalties: Prision correccional, Arresto mayor, Suspension, Destierro. Penalties common to the three preceding classes: Fine, and Bond to keep the peace. Accessory Penalties: Perpetual or temporary absolute disqualification Perpetual or temporary special disqualification Suspension from public office, the right to vote and be voted for, the profession or calling Civil interdiction Indemnification Forfeiture or confiscation of instruments and proceeds of the offense Payment of costs : The abovementioned are penalties imposed on the criminal offenses being committed by offenders. Art. 26. When afflictive, correctional, or light penalty. — A fine, whether imposed as a single of as an alternative penalty, shall be considered an afflictive penalty, if it exceeds 6,000 pesos; a correctional penalty, if it does not exceed 6,000 pesos but is not less than 200 pesos; and a light penalty if it less than 200 pesos. : This means you could just pay for bail, if what you committed did not meet the penalties mentioned in the preceding article.

Art. 27. Reclusion perpetua. – Any person sentence to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon. (20 years and 1 day to 40 years) Reclusion temporal. – The penalty of reclusion temporal shall be from twelve years and one day to twenty years. Prision mayor and temporary disqualification. – The duration of the penalties of prision mayor and temporary disqualification shall be from six years and one day to twelve years, except when the penalty of disqualification is imposed as an accessory penalty, in which case its duration shall be that of the principal penalty. Prision correccional, suspension, and destierro. — The duration of the penalties of prision correccional, suspension and destierro shall be from six months and one day to six years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty. Arresto mayor. — The duration of the penalty of arresto mayor shall be from one month and one day to six months. Arresto menor. — The duration of the penalty of arresto menor shall be from one day to thirty days. Bond to keep the peace. — The bond to keep the peace shall be required to cover such period of time as the court may determine. : The abovementioned penalties are to be given on offenders when they have committed a crime, depending on the lightness and gravity of the crime committed. The gravest being Reclusion perpetua since the Death sentence has been abolished. And bond to keep peace as the lightest. Art. 28. Computation of penalties. — If the offender shall be in prison, the term of the duration of the temporary penalties shall be computed from the day on which the judgment of conviction shall have become final. If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of liberty shall be computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty. The duration of the other penalties shall be computed only from the day on which the defendant commences to serve his sentence. : This refers to the duration of the sentence. Ex: True or false, a man was convicted of Reclusion temporal after committing a crime of homicide should be serving a sentence of twenty years and one day to forty years? A: False. The Revised Penal Code provides that Reclusion temporal is supposed to be served twelve years and one day to twenty years.

In the case at bar, the man committed homicide and was punished with Reclusion temporal. The years that was mention in the prescription was for Reclusion perpetua. Art. 29. Period of preventive imprisonment deducted from term of imprisonment. — Offenders 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 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 be credited in the service of his sentence with fourfifths of the time during which he has undergone preventive imprisonment. Whenever an accused has undergone preventive imprisonment for a period equal to or more than 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. In case the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment. : This is in reference to offenders who have served their sentences to prevent them from committing another crime. Art. 30. Effects of the penalties of perpetual or temporary absolute disqualification. — The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects: 1. The deprivation of the public offices and employments which the offender may have held even if conferred by popular election. 2. The deprivation of the right to vote in any election for any popular office or to be elected to such office. 3. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned. In case of temporary disqualification, such disqualification as is comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence. 4. The loss of all rights to retirement pay or other pension for any office formerly held. : This is in line with the sentence: Public office is a public trust. Ex: A public officer committed a crime of rape with murder. His final judgment was perpetual or temporary absolute disqualification. Do you agree with the judgment or not? A: Yes, I agree with the judgment. Public office is a public trust. And if a public officer commenced such crime, he is not fit to be trusted and must be stripped of his duties and obligations to the public.

In the given case at bar, the public officer committed rape with murder, therefore, he cannot be trusted and must be stripped of his office, duties and obligations as a public officer, as public office is a public trust. Art. 31. Effect of the penalties of perpetual or temporary special disqualification. — The penalties of perpetual or temporal special disqualification for public office, profession or calling shall produce the following effects: 1. The deprivation of the office, employment, profession or calling affected; 2. The disqualification for holding similar offices or employments either perpetually or during the term of the sentence according to the extent of such disqualification. : People in office who had committed a crime shall be deprived of their office. Like in royalty for example, if the king commits a crime, he is forced to abdicate and thereby stripped of his title and office. Art. 32. Effect of the penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage. — The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive the offender perpetually or during the term of the sentence, according to the nature of said penalty, of the right to vote in any popular election for any public office or to be elected to such office. Moreover, the offender shall not be permitted to hold any public office during the period of his disqualification. : Again with connection to public office is a public trust, the offender may not hold any office during his term of sentence. They will be deprived the right to vote in any popular election for any public office. Art. 33. Effects of the penalties of suspension from any public office, profession or calling, or the right of suffrage. — The suspension from public office, profession or calling, and the exercise of the right of suffrage shall disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence. The person suspended from holding public office shall not hold another having similar functions during the period of his suspension. : In connection with the holding of public office, one may be suspended from holding public office and shall not hold another having similar functions during the period of his suspension. Art. 34. Civil interdiction. — Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos. : During the term of sentence, one who is convicted is stripped of rights to parental authority, guardianship, marital authority and right to manage his property. Art. 35. Effects of bond to keep the peace. — It shall be the duty of any person sentenced to give bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the offense sought to be prevented, and that in case such offense be committed they will pay the amount determined by the court in the

judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking. The court shall determine, according to its discretion, the period of duration of the bond. Should the person sentenced fail to give the bond as required he shall be detained for a period which shall in no case exceed six months, is he shall have been prosecuted for a grave or less grave felony, and shall not exceed thirty days, if for a light felony. : In connection to payment of any bail or bond, as to keep the peace and sanctity of the place. Art. 36. Pardon; its effect. — A 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. A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence. : Pardon is differentiated from amnesty. As pardon excuses the sentence but not the crime, and amnesty excuses both the sentence and the crime. Art. 37. Cost; What are included. — Costs shall include fees and indemnities in the course of the judicial proceedings, whether they be fixed or unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule. : These are the fees included in paying the bail, or other form of obligations you have when you are accused. Art. 38. Pecuniary liabilities; Order of payment. — In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following order: 1. The reparation of the damage caused. 2. Indemnification of consequential damages. 3. The fine. 4. The cost of the proceedings. : When things are to be repaired, or when things are taken, its either you pay back the equal amount in which the victim paid for it or you find a way to repair it. Art. 39. Subsidiary penalty. — If the convict has no property with which to meet the fine mentioned in the paragraph 3 of the nest preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos, subject to the following rules: 1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under confinement until his fine referred to 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 light felony. 3. When the principal imposed is higher than prision correccional, 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.chan robles virtual law library 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. : This is in case a person convicted cannot pay for the same, they will follow the abovementioned guidelines with regard to payment. Art. 40. Death; Its accessory penalties. — The death penalty, when it is not executed by reason of commutation or pardon shall carry with it that of perpetual absolute disqualification and that of civil interdiction during thirty years following the date sentence, unless such accessory penalties have been expressly remitted in the pardon. : This has been abolished, so, at some point no longer applicable. Although it is still included in the RPC, it is respected as a resource. Art. 41. Reclusion perpetua and reclusion temporal; Their accessory penalties. — The penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life or during the period of the sentence as the case may be, and that of perpetual absolute disqualification which the offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. Art. 42. Prision mayor; Its accessory penalties. — The penalty of prision mayor, shall carry with it that of temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage which the offender shall suffer although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. Art. 43. Prision correccional; Its accessory penalties. — The penalty of prision correccional shall carry with it that of suspension from public office, from the right to follow a profession or calling, and that of perpetual special disqualification from the right of suffrage, if the duration of said imprisonment shall exceed eighteen months. The offender shall suffer the disqualification provided in the article although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. Art. 44. Arresto; Its accessory penalties. — The penalty of arresto shall carry with it that of suspension of the right too hold office and the right of suffrage during the term of the sentence. Art. 45. Confiscation and forfeiture of the proceeds or instruments of the crime. — Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the crime and the instruments or tools with which it was committed. Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government, unless they be property of a third person not liable for the offense, but those articles which are not subject of lawful commerce shall be destroyed.

Art. 46. Penalty to be imposed upon principals in general. — The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony. Whenever the law prescribes a penalty for a felony is general terms, it shall be understood as applicable to the consummated felony. : This means, all the crimes have been on the consummated stage. Art. 47. In what cases the death penalty shall not be imposed. — The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except in the following cases: 1. When the guilty person be more than seventy years of age. 2. When upon appeal or revision of the case by the Supreme court, all the members thereof are not unanimous in their voting as to the propriety of the imposition of the death penalty. For the imposition of said penalty or for the confirmation of a judgment of the inferior court imposing the death sentence, the Supreme Court shall render its decision per curiam, which shall be signed by all justices of said court, unless some member or members thereof shall have been disqualified from taking part in the consideration of the case, in which even the unanimous vote and signature of only the remaining justices shall be required. : Although the Death sentence is no longer commutable, this is to be implemented once a person is convicted. Art. 48. Penalty for complex crimes. — 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. : This is when a single act, becomes a crime. Ex: In the intention of keeping the peace, a police, fires a gun towards a robber, but since the bullet did a projectile hitting another bystander thereby killing two people. Was there a complex crime committed? A: Yes, there was. Complex crime is defined as a single act that constitutes two or more grave or less grave felonies. In the given case at bar, the police in the intention of keeping the peace, although he fired the gun at the robber, the bullet did a projectile which hits a bystander, thus killing them both. Thus, the police committed a complex crime. Art. 49. Penalty to be imposed upon the principals when the crime committed is different from that intended. — In cases in which the felony committed is different from that which the offender intended to commit, the following rules shall be observed:

1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to commit, the penalty corresponding to the latter shall be imposed in its maximum period. 2. If the penalty prescribed for the felony committed be lower than that corresponding to the one which the accused intended to commit, the penalty for the former shall be imposed in its maximum period. 3. The rule established by the next preceding paragraph shall not be applicable if the acts committed by the guilty person shall also constitute an attempt or frustration of another crime, if the law prescribes a higher penalty for either of the latter offenses, in which case the penalty provided for the attempted or the frustrated crime shall be imposed in its maximum period. : This is to be imposed on the principal criminal regardless of praeter intentionem (or the crime committed is different from what was intended), the maximum is to be imposed. Art. 50. Penalty to be imposed upon principals of a frustrated crime. — The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the principal in a frustrated felony. : Referring to the graduated scale of penalties, the penalty to be given in frustrated crime is the next lower in degree. Ex: A crime of frustrated rape is committed. Rape is usually punishable with Reclusion perpetua, but in the case of frustrated rape the next lower degree punishment will be imposed which is Reclusion temporal. Art 51. Penalty to be imposed upon principals of attempted crimes. — A penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit a felony. : This punishment say for example is to be imposed on attempted rape, then two (2) degrees lower which is Prision mayor. Art. 52. Penalty to be imposed upon accomplices in consummated crime. — The penalty next lower in degree than that prescribed by law for the consummated shall be imposed upon the accomplices in the commission of a consummated felony. Art. 53. Penalty to be imposed upon accessories to the commission of a consummated felony. — The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the accessories to the commission of a consummated felony. Art. 54. Penalty to imposed upon accomplices in a frustrated crime. — The penalty next lower in degree than prescribed by law for the frustrated felony shall be imposed upon the accomplices in the commission of a frustrated felony. Art. 55. Penalty to be imposed upon accessories of a frustrated crime. — The penalty lower by two degrees than that prescribed by law for the frustrated felony shall be imposed upon the accessories to the commission of a frustrated felony.

Art. 56. Penalty to be imposed upon accomplices in an attempted crime. — The penalty next lower in degree than that prescribed by law for an attempt to commit a felony shall be imposed upon the accomplices in an attempt to commit the felony. Art. 57. Penalty to be imposed upon accessories of an attempted crime. — The penalty lower by two degrees than that prescribed by law for the attempted felony shall be imposed upon the accessories to the attempt to commit a felony. Art. 58. Additional penalty to be imposed upon certain accessories. — Those accessories falling within the terms of paragraphs 3 of Article 19 of this Code who should act with abuse of their public functions, shall suffer the additional penalty of absolute perpetual disqualification if the principal offender shall be guilty of a grave felony, and that of absolute temporary disqualification if he shall be guilty of a less grave felony. Art. 59. Penalty to be imposed in case of failure to commit the crime because the means employed or the aims sought are impossible. — When the person intending to commit an offense has already performed the acts for the execution of the same but nevertheless the crime was not produced by reason of the fact that the act intended was by its nature one of impossible accomplishment or because the means employed by such person are essentially inadequate to produce the result desired by him, the court, having in mind the social danger and the degree of criminality shown by the offender, shall impose upon him the penalty of arresto mayor or a fine from 200 to 500 pesos. : This is with connection to impossible crime, where the crime committed and its way of commission is so impossible. Ex: A brother, on the intent of killing his brother, bought a poison for his brother’s food. But the pharmacist gave him cheese flavor powder instead, which did not kill his brother. Was an impossible crime committed or not? A: Yes, there was an impossible crime committed. An impossible crime is a commencement of a crime that the means of committing it is so impossible that even with the intent of killing the person did not affect the person instead. In the case at bar, the brother with an intention on killing his brother bought poison, but instead was given cheese powder thereby not killing him. Art. 60. Exception to the rules established in Articles 50 to 57. — The provisions contained in Articles 50 to 57, inclusive, of this Code shall not be applicable to cases in which the law expressly prescribes the penalty provided for a frustrated or attempted felony, or to be imposed upon accomplices or accessories. Art. 61. Rules for graduating penalties. — For the purpose of graduating the penalties which, according to the provisions of Articles 50 to 57, inclusive, of this Code, are to be imposed upon persons guilty as principals of any frustrated or attempted felony, or as accomplices or accessories, the following rules shall be observed: 1. When the penalty prescribed for the felony is single and indivisible, the penalty next lower in degrees shall be that immediately following that indivisible penalty in the respective graduated scale prescribed in Article 71 of this Code.

2. When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or more divisible penalties to be impose to their full extent, the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed in the respective graduated scale. 3. When the penalty prescribed for the crime is composed of one or two indivisible penalties and the maximum period of another divisible penalty, the penalty next lower in degree shall be composed of the medium and minimum periods of the proper divisible penalty and the maximum periods of the proper divisible penalty and the maximum period of that immediately following in said respective graduated scale. 4. when the penalty prescribed for the crime is composed of several periods, corresponding to different divisible penalties, the penalty next lower in degree shall be composed of the period immediately following the minimum prescribed and of the two next following, which shall be taken from the penalty prescribed, if possible; otherwise from the penalty immediately following in the above mentioned respective graduated scale. 5. When the law prescribes a penalty for a crime in some manner not especially provided for in the four preceding rules, the courts, proceeding by analogy, shall impose corresponding penalties upon those guilty as principals of the frustrated felony, or of attempt to commit the same, and upon accomplices and accessories. : This is in connection to the penalties once the scale has graduated. Either the years get added or subtracted. Art. 62. Effect of the attendance of mitigating or aggravating circumstances and of habitual delinquency. — Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the following rules: 1. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty. 2. The same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a degree that it must of necessity accompany the commission thereof. 3. Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private relations with the offended party, or from any other personal cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant. 4. The circumstances which consist in the material execution of the act, or in the means employed to accomplish it, shall serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein. 5. Habitual delinquency shall have the following effects: (a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of which he be found guilty and to the additional penalty of prision correccional in its medium and maximum periods; (b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its minimum and medium periods; and

(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum period. Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the offender, in conformity herewith, shall in no case exceed 30 years. For the purpose of this article, a person shall be deemed to be habitual delinquent, is within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa or falsification, he is found guilty of any of said crimes a third time or oftener. : This article pertains to when the aggravating circumstance is offset by mitigating circumstance and thus the computation is either commuted or reduced. This is in the case of serious physical injury, robbery, estafa, homicide and this is referred to recidivists or repeat offenders or habitual delinquents. Art. 63. Rules for the application of indivisible penalties. — In all cases in which the law prescribes a single indivisible penalty, it shall be applied by the courts regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed. In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules shall be observed in the application thereof: 1. When in the commission of the deed there is present only one aggravating circumstance, the greater penalty shall be applied. : If the crime committed is in the aggravating circumstance, the greater penalty is given, this includes: 1) Reclusion perpetua 2) Reclusion temporal 2. When there are neither mitigating nor aggravating circumstances and there is no aggravating circumstance, the lesser penalty shall be applied. : If both the mitigating and aggravating are missing in the element of the crime, a lesser penalty shall be applied. This pertains to: 1) Prision mayor 2) Arresto mayor 3) Arresto menor 3. When the commission of the act is attended by some mitigating circumstances and there is no aggravating circumstance, the lesser penalty shall be applied. : This is in the presence of a mitigating circumstance but no aggravating, a lesser penalty is to be administered. 4. When both mitigating and aggravating circumstances attended the commission of the act, the court shall reasonably allow them to offset one another in consideration of their number and importance, for the purpose of applying the penalty in accordance with the preceding rules, according to the result of such compensation.

: This is in the case where both are present, then one can offset the other by either reducing the number of years. Art. 64. Rules for the application of penalties which contain three periods. — In cases in which the penalties prescribed by law contain three periods, whether it be a single divisible penalty or composed of three different penalties, each one of which forms a period in accordance with the provisions of Articles 76 and 77, the court shall observe for the application of the penalty the following rules, according to whether there are or are not mitigating or aggravating circumstances: 1. When there are neither aggravating nor mitigating circumstances, they shall impose the penalty prescribed by law in its medium period. : This is in case neither the aggravating nor mitigating is present, the medium penalty is given. 2. When only a mitigating circumstances is present in the commission of the act, they shall impose the penalty in its minimum period. : In this case, the minimum period (it may be arresto menor or bond) that will be given as punishment to the accused. 3. When an aggravating circumstance is present in the commission of the act, they shall impose the penalty in its maximum period. : Granting in this case that an aggravating circumstance was present in the commission of the crime, maximum is to be implemented: Reclusion perpetua. 4. When both mitigating and aggravating circumstances are present, the court shall reasonably offset those of one class against the other according to their relative weight. : In the case at bar, one may offset the other granting that both the mitigating and aggravating is present in the commencement of the crime. 5. When there are two or more mitigating circumstances and no aggravating circumstances are present, the court shall impose the penalty next lower to that prescribed by law, in the period that it may deem applicable, according to the number and nature of such circumstances. : In the case where there two or more mitigating circumstances but no aggravating present, the court shall impose a lower penalty than that prescribed by law. 6. Whatever may be the number and nature of the aggravating circumstances, the courts shall not impose a greater penalty than that prescribed by law, in its maximum period. : Death may not be imposed regardless of how aggravating the circumstances are. 7. Within the limits of each period, the court shall determine the extent of the penalty according to the number and nature of the aggravating and mitigating circumstances and the greater and lesser extent of the evil produced by the crime.

: This is in favor of the gravity of the crime commenced by the offender. Art. 65. Rule in cases in which the penalty is not composed of three periods. — In cases in which the penalty prescribed by law is not composed of three periods, the courts shall apply the rules contained in the foregoing articles, dividing into three equal portions of time included in the penalty prescribed, and forming one period of each of the three portions. : Instead of doing three (3) separate periods of penalty, it will be done consecutively at the same time. Art. 66. Imposition of fines. — In imposing fines the courts may fix any amount within the limits established by law; in fixing the amount in each case attention shall be given, not only to the mitigating and aggravating circumstances, but more particularly to the wealth or means of the culprit. : Fines that could be accommodated by the wealth or means of the culprit are to be adjusted in case he/she may not be able to pay. This is to be determined by the courts. Art. 67. Penalty to be imposed when not all the requisites of exemption of the fourth circumstance of Article 12 are present.— When all the conditions required in circumstances Number 4 of Article 12 of this Code to exempt from criminal liability are not present, the penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon the culprit if he shall have been guilty of a grave felony, and arresto mayor in its minimum and medium periods, if of a less grave felony. : This is to be given on the case of any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it, as provided by the Penal Code, under paragraph 4 of Art. 12, then the maximum period of arresto mayor to the minimum period of prision correccional is to be imposed. Art. 68. Penalty to be imposed upon a person under eighteen years of age. — When the offender is a minor under eighteen years and his case is one coming under the provisions of the paragraphs next to the last of Article 80 of this Code, the following rules shall be observed: 1. Upon a person under fifteen but over nine years of age, who is not exempted from liability by reason of the court having declared that he acted with discernment, a discretionary penalty shall be imposed, but always lower by two degrees at least than that prescribed by law for the crime which he committed. 2. Upon a person over fifteen and under eighteen years of age the penalty next lower than that prescribed by law shall be imposed, but always in the proper period. : This is in connection to offenders who are minors, but upon reaching 18 may be tried as an adult. Art. 69. Penalty to be imposed when the crime committed is not wholly excusable. — A penalty lower by one or two degrees than that prescribed by law shall be imposed if the

deed is not wholly excusable by reason of the lack of some of the conditions required to justify the same or to exempt from criminal liability in the several cases mentioned in Article 11 and 12, provided that the majority of such conditions be present. The courts shall impose the penalty in the period which may be deemed proper, in view of the number and nature of the conditions of exemption present or lacking. : With connection to Justifying Circumstances and Circumstances which exempt from criminal liability, the penalty is either one or two degree lower, and may be imposed only in the number and nature of the conditions of exemption present or lacking. Art. 70. Successive service of sentence. — When the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature of the penalties will so permit otherwise, the following rules shall be observed: In the imposition of the penalties, the order of their respective severity shall be followed so that they may be executed successively or as nearly as may be possible, should a pardon have been granted as to the penalty or penalties first imposed, or should they have been served out. For the purpose of applying the provisions of the next preceding paragraph the respective severity of the penalties shall be determined in accordance with the following scale: 1. Death, 2. Reclusion perpetua, 3. Reclusion temporal, 4. Prision mayor, 5. Prision correccional,chan robles virtual law library 6. Arresto mayor, 7. Arresto menor, 8. Destierro, 9. Perpetual absolute disqualification, 10 Temporal absolute disqualification. 11. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling, and 12. Public censure. Notwithstanding the provisions of the rule next preceding, the maximum duration of the convict's sentence shall not be more than three-fold the length of time corresponding to the most severe of the penalties imposed upon him. No other penalty to which he may be liable shall be inflicted after the sum total of those imposed equals the same maximum period. Such maximum period shall in no case exceed forty years. In applying the provisions of this rule the duration of perpetual penalties (pena perpetua) shall be computed at thirty years. : The best rule for this article is the three-fold rule, where instead of serving three sentences at different periods, they all get served at the same period at the maximum period possible. Ex: A man committing robbery, with kidnapping and murder has been sentenced to Reclusion perpetua for each crime he has committed. If you were the judge presiding over the case, how would you decide over how he should serve his sentence? A: Following the three-fold rule though he has committed three distinct crimes of different titles, the man should be serving the maximum sentence of Reclusion perpetua or 20 years

and 1 day to 40 years. Instead of adding all three which are punishable with Reclusion perpetua which equals 120 years, it will be reduced to 40 years instead. Art. 71. Graduated scales. — In the case in which the law prescribed a penalty lower or higher by one or more degrees than another given penalty, the rules prescribed in Article 61 shall be observed in graduating such penalty. The lower or higher penalty shall be taken from the graduated scale in which is comprised the given penalty. The courts, in applying such lower or higher penalty, shall observe the following graduated scales: SCALE NO. 1 1. Death, 2. Reclusion perpetua, 3. Reclusion temporal, 4. Prision mayor, 5. Prision correccional, 6. Arresto mayor, 7. Destierro, 8. Arresto menor, 9. Public censure, 10. Fine. SCALE NO. 2 1. Perpetual absolute disqualification, 2. Temporal absolute disqualification 3. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling, 4. Public censure, 5. Fine. : The abovementioned scales of penalty shall be followed when imposing the punishment on the accused. Art. 72. Preference in the payment of the civil liabilities. — The civil liabilities of a person found guilty of two or more offenses shall be satisfied by following the chronological order of the dates of the judgments rendered against him, beginning with the first in order of time. : This refers to the payment and civil liability of an individual as to when he or she should pay for such liability beginning with the first. Art. 73. Presumption in regard to the imposition of accessory penalties. — Whenever the courts shall impose a penalty which, by provision of law, carries with it other penalties, according to the provisions of Articles 40, 41, 42, 43 and 44 of this Code, it must be understood that the accessory penalties are also imposed upon the convict. : The provisions of Art. 40, 41, 42, 43 and 44 shall also be imposed on the convict who has been accessory to the crime.

Art. 74. Penalty higher than reclusion perpetua in certain cases. — In cases in which the law prescribes a penalty higher than another given penalty, without specially designating the name of the former, if such higher penalty should be that of death, the same penalty and the accessory penalties of Article 40, shall be considered as the next higher penalty. : Since the Death penalty has been abolished, the next higher penalty next to Reclusion perpetua, which in this case may be life imprisonment (although we do not say so), is next the next possible punishment or the application of the three-fold rule. Art. 75. Increasing or reducing the penalty of fine by one or more degrees. — Whenever it may be necessary to increase or reduce the penalty of fine by one or more degrees, it shall be increased or reduced, respectively, for each degree, by one-fourth of the maximum amount prescribed by law, without however, changing the minimum. The same rules shall be observed with regard of fines that do not consist of a fixed amount, but are made proportional. : Depending on the degree of the crime, is the basis of how the fine must be paid. Art. 76. Legal period of duration of divisible penalties. — The legal period of duration of divisible penalties shall be considered as divided into three parts, forming three periods, the minimum, the medium, and the maximum in the manner shown in the following table: Penalti es Entiret y

RT

PM, AD, SD 12 6 yrs yrs & 1 & 1 day day – 20 – 12 yrs. yrs

Minimu m

12 yrs & 1 day – 14 yrs & 8 mos .

6 yrs & 1 day – 8 yrs

Mediu m

14 yrs & 8 mos . – 17 yrs,

8 yrs & 1 day – 10 yrs

PC, S, D 6 mos . & 1 day – 6 yrs

AM

1 mo nth & 1 day – 6 mos . 6 1-2 mos mos . & . 1 day – 2 yrs & 4 mos . 2 2 yrs, mos 4 . & mos 1 . & day 1 – 4 day mos

Am 130 day s

110 day s

1120 day s

4 mos . Maximu m

– 4 yrs & 2 mos . 17 10 4 yrs, yrs yrs, 4 & 1 2 mos day mos . & – 12 . & 1 yrs 1 day day – 20 – 6 yrs. yrs.

.

4 mos . & 1 day – 6 mos .

2130 day s

RT–Reclusion Temporal PC–Prision Correccional PM – Prision Mayor S -Suspension AD – Absolute Disqualification D - Destierro SD – Special Disqualification AM – Arresto Mayor Am – Arresto Menor Art. 77. When the penalty is a complex one composed of three distinct penalties. — In cases in which the law prescribes a penalty composed of three distinct penalties, each one shall form a period; the lightest of them shall be the minimum the next the medium, and the most severe the maximum period. Whenever the penalty prescribed does not have one of the forms specially provided for in this Code, the periods shall be distributed, applying by analogy the prescribed rules. : If the crime prescribes three (3) distinct penalties, each will form one period: minimum, medium and maximum. From the lightest to the most severe punishment to be imposed on the accused. Art. 78. When and how a penalty is to be executed. — No penalty shall be executed except by virtue of a final judgment. A penalty shall not be executed in any other form than that prescribed by law, nor with any other circumstances or incidents than those expressly authorized thereby. In addition to the provisions of the law, the special regulations prescribed for the government of the institutions in which the penalties are to be suffered shall be observed with regard to the character of the work to be performed, the time of its performance, and other incidents connected therewith, the relations of the convicts among themselves and other persons, the relief which they may receive, and their diet. The regulations shall make provision for the separation of the sexes in different institutions, or at least into different departments and also for the correction and reform of the convicts. : The penalty is to be imposed once final judgment has been served to the accused. Art. 79. Suspension of the execution and service of the penalties in case of insanity. — When a convict shall become insane or an imbecile after final sentence has been pronounced, the execution of said sentence shall be suspended only with regard to the

personal penalty, the provisions of the second paragraph of circumstance number 1 of Article 12 being observed in the corresponding cases. If at any time the convict shall recover his reason, his sentence shall be executed, unless the penalty shall have prescribed in accordance with the provisions of this Code. The respective provisions of this section shall also be observed if the insanity or imbecility occurs while the convict is serving his sentence. : If during the entirety of the sentence, an accused becomes insane or an imbecile, his sentence will be commuted, and should his sanity regain, will his sentence resume. Only in these special cases will the sentence be commuted. Art. 80. Suspension of sentence of minor delinquents. — Whenever a minor of either sex, under sixteen years of age at the date of the commission of a grave or less grave felony, is accused thereof, the court, after hearing the evidence in the proper proceedings, instead of pronouncing judgment of conviction, shall suspend all further proceedings and shall commit such minor to the custody or care of a public or private, benevolent or charitable institution, established under the law of the care, correction or education of orphaned, homeless, defective, and delinquent children, or to the custody or care of any other responsible person in any other place subject to visitation and supervision by the Director of Public Welfare or any of his agents or representatives, if there be any, or otherwise by the superintendent of public schools or his representatives, subject to such conditions as are prescribed herein below until such minor shall have reached his majority age or for such less period as the court may deem proper. The court, in committing said minor as provided above, shall take into consideration the religion of such minor, his parents or next of kin, in order to avoid his commitment to any private institution not under the control and supervision of the religious sect or denomination to which they belong. The Director of Public Welfare or his duly authorized representatives or agents, the superintendent of public schools or his representatives, or the person to whose custody or care the minor has been committed, shall submit to the court every four months and as often as required in special cases, a written report on the good or bad conduct of said minor and the moral and intellectual progress made by him. The suspension of the proceedings against a minor may be extended or shortened by the court on the recommendation of the Director of Public Welfare or his authorized representative or agents, or the superintendent of public schools or his representatives, according as to whether the conduct of such minor has been good or not and whether he has complied with the conditions imposed upon him, or not. The provisions of the first paragraph of this article shall not, however, be affected by those contained herein. If the minor has been committed to the custody or care of any of the institutions mentioned in the first paragraph of this article, with the approval of the Director of Public Welfare and subject to such conditions as this official in accordance with law may deem proper to impose, such minor may be allowed to stay elsewhere under the care of a responsible person. If the minor has behaved properly and has complied with the conditions imposed upon him during his confinement, in accordance with the provisions of this article, he shall be returned to the court in order that the same may order his final release. In case the minor fails to behave properly or to comply with the regulations of the institution to which he has been committed or with the conditions imposed upon him when he was committed to the care of a responsible person, or in case he should be found incorrigible or his continued stay in such institution should be inadvisable, he shall

be returned to the court in order that the same may render the judgment corresponding to the crime committed by him. The expenses for the maintenance of a minor delinquent confined in the institution to which he has been committed, shall be borne totally or partially by his parents or relatives or those persons liable to support him, if they are able to do so, in the discretion of the court; Provided, That in case his parents or relatives or those persons liable to support him have not been ordered to pay said expenses or are found indigent and cannot pay said expenses, the municipality in which the offense was committed shall pay onethird of said expenses; the province to which the municipality belongs shall pay one-third; and the remaining one-third shall be borne by the National Government: Provided, however, That whenever the Secretary of Finance certifies that a municipality is not able to pay its share in the expenses above mentioned, such share which is not paid by said municipality shall be borne by the National Government. Chartered cities shall pay twothirds of said expenses; and in case a chartered city cannot pay said expenses, the internal revenue allotments which may be due to said city shall be withheld and applied in settlement of said indebtedness in accordance with section five hundred and eightyeight of the Administrative Code. : This article is connected with children in conflict with the law who has been deemed as a convict although minority in age. The abovementioned article will prevail in cases such as these. Art. 81-85 : These articles pertain to the Death sentences, where the burial of the corpse should take place, or if in case the person to be executed is a female (who in this case may be pregnant), and where the execution will take place. Art. 86. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor. — The penalties of reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor, shall be executed and served in the places and penal establishments provided by the Administrative Code in force or which may be provided by law in the future. : This article provides where the convicts serving the 1st scale of penalties are serving out there sentences. Art. 87. Destierro. — Any person sentenced to destierro shall not be permitted to enter the place or places designated in the sentence, nor within the radius therein specified, which shall be not more than 250 and not less than 25 kilometers from the place designated. : This article refers to the accused until where is his jurisdiction if he aggravated someone. Art. 88. Arresto menor. — The penalty of arresto menor shall be served in the municipal jail, or in the house of the defendant himself under the surveillance of an officer of the law, when the court so provides in its decision, taking into consideration the health of the offender and other reasons which may seem satisfactory to it. : This article refers to where the accused will serve out his sentence should he be imposed upon the penalty of arresto menor.

Art. 89. How criminal liability is totally extinguished. — Criminal liability is totally extinguished: 1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment. : This refers to, when the during the service of the sentence, the convict dies, the sentence dies with him. 2. By service of the sentence; : Upon finishing the service of the sentence, this is when the criminal liability gets extinguished. 3. By amnesty, which completely extinguishes the penalty and all its effects; : Amnesty defined: the crime and the sentence is totally extinguished 4. By absolute pardon; : Pardon defined: it excuses the sentence, but not the liability, but in the case of absolute pardon, everything is extinguished. 5. By prescription of the crime; 6. By prescription of the penalty; 7. By the marriage of the offended woman, as provided in Article 344 of this Code. : In the case of rape, should the rape victim marry the rapist, the liability of the rapist will be extinguished. Art. 90. Prescription of crime. — Crimes punishable by death, reclusion perpetua or reclusion temporal shall prescribe in twenty years. Crimes punishable by other afflictive penalties shall prescribe in fifteen years. Those punishable by a correctional penalty shall prescribe in ten years; with the exception of those punishable by arresto mayor, which shall prescribe in five years. The crime of libel or other similar offenses shall prescribe in one year. The crime of oral defamation and slander by deed shall prescribe in six months. Light offenses prescribe in two months. When the penalty fixed by law is a compound one, the highest penalty shall be made the basis of the application of the rules contained in the first, second and third paragraphs of this article. : This refers to the crime committed and what are the years to be served out. Art. 91. Computation of prescription of offenses. — The period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted by the filing of the complaint or information, and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him. The term of prescription shall not run when the offender is absent from the Philippine Archipelago.

: This article refers to the day when the crime has been discovered by the authorities and should the convict flee to another country, his term of sentence will be interrupted and would resume should he come back to the Philippines. Art. 92. When and how penalties prescribe. — The penalties imposed by final sentence prescribe as follows: 1. Death and reclusion perpetua, in twenty years; 2. Other afflictive penalties, in fifteen years; 3. Correctional penalties, in ten years; with the exception of the penalty of arresto mayor, which prescribes in five years; 4. Light penalties, in one year. Art. 93. Computation of the prescription of penalties. — The period of prescription of penalties shall commence to run from the date when the culprit should evade the service of his sentence, and it shall be interrupted if the defendant should give himself up, be captured, should go to some foreign country with which this Government has no extradition treaty, or should commit another crime before the expiration of the period of prescription. 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 serving his sentence. : This occurs when the person serving the sentence has been pardoned, his sentence has been cut or commuted and he has done good conduct. Art. 95. Obligation incurred by person granted conditional pardon. — Any person who has been granted conditional pardon shall incur the obligation of complying strictly with the conditions imposed therein otherwise, his non-compliance with any of the conditions specified shall result in the revocation of the pardon and the provisions of Article 159 shall be applied to him. : Those who have been pardoned have to follow rules so as not to be convicted again. Art. 96. Effect of commutation of sentence. — The commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the latter in the place of the former. Art. 97. Allowance for good conduct. — The good conduct of any prisoner in any penal institution shall entitle him to the following deductions from the period of his sentence: 1. During the first two years of his imprisonment, he shall be allowed a deduction of five days for each month of good behavior; 2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of eight days for each month of good behavior; 3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of ten days for each month of good behavior; and 4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of fifteen days for each month of good behavior.

: This goes to show, that for every good behavior a convict has shown inside the prison cell, the days in the term of sentence shall be reduced. 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 the service of his sentence under the circumstances mentioned in Article 58 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 to in said article. : This occurs when a convict gives himself up after forty-eight (48) hours. His sentence gets commuted and 1/5th of the sentence is removed. Art. 99. Who grants time allowances. — Whenever lawfully justified, the Director of Prisons shall grant allowances for good conduct. Such allowances once granted shall not be revoked. : It is the Director of Prisons who grants the allowance for every good conduct. Art. 100. Civil liability of a person guilty of felony. — Every person criminally liable for a felony is also civilly liable. : It is true for those who has a criminal liability has a civil liability (against persons, thing or moral as dictated by Art. 19, 20 and 21 of the Civil Code). Art. 101. Rules regarding civil liability in certain cases. — The exemption from criminal liability established in subdivisions 1, 2, 3, 5 and 6 of Article 12 and in subdivision 4 of Article 11 of this Code does not include exemption from civil liability, which shall be enforced subject to the following rules: First. In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability for acts committed by an imbecile or insane person, and by a person under nine years of age, or by one over nine but under fifteen years of age, who has acted without discernment, shall devolve upon those having such person under their legal authority or control, unless it appears that there was no fault or negligence on their part. Should there be no person having such insane, imbecile or minor under his authority, legal guardianship or control, or if such person be insolvent, said insane, imbecile, or minor shall respond with their own property, excepting property exempt from execution, in accordance with the civil law. Second. In cases falling within subdivision 4 of Article 11, the persons for whose benefit the harm has been prevented shall be civilly liable in proportion to the benefit which they may have received. The courts shall determine, in sound discretion, the proportionate amount for which each one shall be liable. When the respective shares cannot be equitably determined, even approximately, or when the liability also attaches to the Government, or to the majority of the inhabitants of the town, and, in all events, whenever the damages have been caused with the consent of the authorities or their agents, indemnification shall be made in the manner prescribed by special laws or regulations. Third. In cases falling within subdivisions 5 and 6 of Article 12, the persons using violence or causing the fears shall be primarily liable and secondarily, or, if there be no such

persons, those doing the act shall be liable, saving always to the latter that part of their property exempt from execution. : Still this is in connection to Arts. 19-21 of the Civil Code of the Philippines. Art. 102. Subsidiary civil liability of innkeepers, tavernkeepers and proprietors of establishments. — In default of the persons criminally liable, innkeepers, tavernkeepers, and any other persons or corporations shall be civilly liable for crimes committed in their establishments, in all cases where a violation of municipal ordinances or some general or special police regulation shall have been committed by them or their employees. Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or theft within their houses from guests lodging therein, or for the payment of the value thereof, provided that such guests shall have notified in advance the innkeeper himself, or the person representing him, of the deposit of such goods within the inn; and shall furthermore have followed the directions which such innkeeper or his representative may have given them with respect to the care and vigilance over such goods. No liability shall attach in case of robbery with violence against or intimidation of persons unless committed by the innkeeper's employees. : In business establishments, the manager or owner is liable civilly if anything went missing or was stolen. Same goes with the staff of the manager, if they committed a crime, the manager is held liable for their crimes. Art. 103. Subsidiary civil liability of other persons. — The subsidiary liability established in the next preceding article shall also apply to employers, teachers, persons, and corporations engaged in any kind of industry for felonies committed by their servants, pupils, workmen, apprentices, or employees in the discharge of their duties. : It is also applicable to employers, teachers, persons and discharges. Art. 104. What is included in civil liability. — The civil liability established in Articles 100, 101, 102, and 103 of this Code includes: 1. Restitution; 2. Reparation of the damage caused; 3. Indemnification for consequential damages. Art. 105. Restitution; How made. — The restitution of the thing itself must be made whenever possible, with allowance for any deterioration, or diminution of value as determined by the court. The thing itself shall be restored, even though it be found in the possession of a third person who has acquired it by lawful means, saving to the latter his action against the proper person, who may be liable to him. This provision is not applicable in cases in which the thing has been acquired by the third person in the manner and under the requirements which, by law, bar an action for its recovery. : The return of the value of such stolen object. Or if it has sentimental value, you must return the same or higher value.

Ex: A man who in exchange for transportation took a pin of inestimable value from a woman and her family. And because of that they were killed in the gas chambers. Should the next of kin have a right on the pin? A: Yes, the next of kin has a right. If in any way, an object of value taken by force from a person should be returned to the next of kin, should the person pass on to the next life. In the case at bar, a pin of inestimable value was taken from a woman and his family, in exchange they had to die in the gas chambers, her next of kin is claiming for the pin, and since she has passed away, the next of kin has a right to the pin. Art. 106. Reparation; How made. — The court shall determine the amount of damage, taking into consideration the price of the thing, whenever possible, and its special sentimental value to the injured party, and reparation shall be made accordingly. : When the object taken is damaged, one must have it repaired to its original value. Art. 107. Indemnification; What is included. — Indemnification for consequential damages shall include not only those caused the injured party, but also those suffered by his family or by a third person by reason of the crime. : This includes paying to the family of the person whom the damage has been brought it upon. Art. 108. Obligation to make restoration, reparation for damages, or indemnification for consequential damages and actions to demand the same; Upon whom it devolves. — The obligation to make restoration or reparation for damages and indemnification for consequential damages devolves upon the heirs of the person liable. The action to demand restoration, reparation, and indemnification likewise descends to the heirs of the person injured. : This is to the heirs of the person to whom the damage has been brought upon, all obligations of repair, indemnification and restoration. Art. 109. Share of each person civilly liable. — If there are two or more persons civilly liable for a felony, the courts shall determine the amount for which each must respond. : Each person who is civilly liable must pay an amount as determined by the courts. Art. 110. Several and subsidiary liability of principals, accomplices and accessories of a felony; Preference in payment. — Notwithstanding the provisions of the next preceding article, the principals, accomplices, and accessories, each within their respective class, shall be liable severally (in solidum) among themselves for their quotas, and subsidiaries for those of the other persons liable. The subsidiary liability shall be enforced, first against the property of the principals; next, against that of the accomplices, and, lastly, against that of the accessories.

Whenever the liability in solidum or the subsidiary liability has been enforced, the person by whom payment has been made shall have a right of action against the others for the amount of their respective shares. Art. 111. Obligation to make restitution in certain cases. — Any person who has participated gratuitously in the proceeds of a felony shall be bound to make restitution in an amount equivalent to the extent of such participation. : For accomplices who took part in a commission of the crime is liable as well and must pay that which is payable. Art. 112. Extinction of civil liability. — Civil liability established in Articles 100, 101, 102, and 103 of this Code shall be extinguished in the same manner as obligations, in accordance with the provisions of the Civil Law. : Civil liability is extinguished according with the provisions of the Civil Law. Art. 113. Obligation to satisfy civil liability. — Except in case of extinction of his civil liability as provided in the next preceding article the offender shall continue to be obliged to satisfy the civil liability resulting from the crime committed by him, notwithstanding the fact that he has served his sentence consisting of deprivation of liberty or other rights, or has not been required to serve the same by reason of amnesty, pardon, commutation of sentence or any other reason. : If the person’s civil liability is not yet extinguished then his obligation to pay for such liability goes on until it has been satisfied. Act no. 4013 Indeterminate Sentence Law (ISLAW) Three (3) things to know about the Indeterminate Sentence Law: 1) Its purpose; 2) Instances when it does not apply; and 3) How it operates Indeterminate Sentence Law governs whether the crime is punishable under the Revised Penal Code or a special Law. It is not limited to violations of the Revised Penal Code. The purpose of the Indeterminate Sentence law is to avoid prolonged imprisonment, because it is proven to be more destructive than constructive to the offender. So, the purpose of the Indeterminate Sentence Law in shortening the possible detention of the convict in jail is to save valuable human resources. In determining the applicable penalty according to the Indeterminate Sentence Law, there is no need to mention the number of years, months and days; it is enough that the name of the penalty is mentioned while the Indeterminate Sentence Law is applied.

Crimes punished under special law carry only one penalty; there are no degree or periods. Moreover, crimes under special law do not consider mitigating or aggravating circumstance present in the commission of the crime. Disqualification may be divided into three, according to – (1) (2) (3)

The time committed; The penalty imposed; and The offender involved.

The Indeterminate Sentence Law shall not apply to: (1) Persons convicted of offense punishable with death penalty or life imprisonment; (2) Persons convicted of treason, conspiracy or proposal to commit treason; (3) Persons convicted of misprision of treason, rebellion, sedition, espionage; (4) Persons convicted of piracy; (5) Persons who are habitual delinquents; (6) Persons who shall have escaped from confinement or evaded sentence; (7) Those who have been granted conditional pardon by the Chief Executive and hall have violated the term thereto; (8) Those whose maximum term of imprisonment does not exceed one year, but not to those already sentenced by final judgment at the time of the approval of Indeterminate Sentence Law. Presidential Decree No. 968 (Probation Law) Probation is a manner of disposing of an accused who have been convicted by a trial court by placing him under supervision of a probation officer, under such terms and conditions that the court may fix. This may be availed of before the convict begins serving sentence by final judgment and provided that he did not appeal anymore from conviction. Without regard to the nature of the crime, only those whose penalty does not exceed six years of imprisonment are those qualified for probation. If the penalty is six years plus one day, he is no longer qualified for probation. If the offender was convicted of several offenses which were tried jointly and one decision was rendered where multiple sentences imposed several prison terms as penalty, the basis for determining whether the penalty disqualifies the offender from probation or not is the term of the individual imprisonment and not the totality of all the prison terms imposed in the decision. So even if the prison term would sum up to more than six years, if none of the individual penalties exceeds six years, the offender is not disqualified by such penalty from applying for probation. Ex: May a recidivist be given the benefit of Probation Law? A: As a general rule, no. Exception: If the earlier conviction refers to a crime the penalty of which does not exceed 30 days imprisonment or a fine of not more than P200.00, such convict is not disqualified of the

benefit of probation. So even if he would be convicted subsequently of a crime embraced in the same title of the Revised Penal Code as that of the earlier conviction, he is not disqualified from probation provided that the penalty of the current crime committed does not go beyond six years and the nature of the crime committed by him is not against public order, national security or subversion. Although a person may be eligible for probation, the moment he perfects an appeal from the judgment of conviction, he cannot avail of probation anymore. So the benefit of probation must be invoked at the earliest instance after conviction. He should not wait up to the time when he interposes an appeal or the sentence has become final and executory. The idea is that probation has to be invoked at the earliest opportunity. Probation shall be denied if the court finds: (1) That the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution; (2) That there is undue risk that during the period of probation the offender will commit another crime; or (3)

Probation will depreciate the seriousness of the crime.

The probation law imposes two kinds of conditions: (1) (2)

Mandatory conditions; and Discretionary conditions.

Mandatory conditions: (1) The convict must report to the Probation Officer (PO) designated in the court order approving his application for Probation within 72 hours from receipt of Notice of such order approving his application; and (2) The convict, as a probationer, must report to the PO at least once a month during the period of probation unless sooner required by the PO. These conditions being mandatory, the moment any of these is violate, the probation is cancelled. Discretionary conditions: The trial court which approved the application for probation may impose any condition which may be constructive to the correction of the offender, provided the same would not violate the constitutional rights of the offender and subject to this two restrictions: (1) the conditions imposed should not be unduly restrictive of the probationer; and (2) such condition should not be incompatible with the freedom of conscience of the probationer.