Criminology Board Exam Reviewer

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CRIMINOLOGY BOARD EXAM REVIEWER

Criminal law RPC (Book 1)

Criminal Law 1

Revised Penal Code Book I

Criminal Law - a branch of municipal law which defines crimes,treats of their nature and provides for their punishment.

Characteristics of Criminal Law 1. Generality

2. Territorial 3. Prospective

General - binding on all persons who reside or sojourn in the Philippines. Exceptions:

1. Treaty stipulation

2. Laws of preferential application 3. Principles of Public international law.

Examples: a. Sovereigns and other head of state.

b. Ambassador,minister plenipotentiary,minister resident and charges d' affaires.

 But consuls,vice-consuls and other foreign commercial

representatives can not claim the privileges and immunities accorded to ambassadors and ministers

Territorial - penal laws of the Philippines are enforceable only within its territory.

Exceptions: Article 2 of the RPC - binding even on crimes committed outside of the Philippines.

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1. Offenses committed while on Philippine ship or airship.

2. Forging or counterfeiting any coin or currency note of the Philippines or the obligations and securities issued by

the government.

3. Introduction into the country of the above mentioned obligations and securities.

4. While being public officers and employees,an offense is committed in the exercise of their functions.

5. Crimes against national security and the law of the nations defined in title I of Book II.

Prospective - the law does not have retroactive effect. Exceptions: When the law is favorable to the accused. Exception to the exception:

1. The new law is expressly made inapplicable to pending actions or existing causes of action

2. Offender is a habitual criminal. Theories of Criminal Law

1. Classical Theory - basis is man's free will to choose between good and evil,that is why more stress is placed upon

the result of the felonious act than upon the criminal himself.The purpose of penalty is retribution.The RPC is

generally governed by this theory.

2. Positivist Theory - basis is the sum of social and economic phenomena which conditions man to do wrong in spite

of or contrary to his volition.This is exemplified in the provisions on impossible crimes and habitual delinquency.

3. Mixed theory - combination of the classical and positivist theories wherein crimes that are economic and social in

nature should be dealt in a positive manner.The law is thus more compassionate.

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Construction of Penal Laws

1. Liberally construed in favor of offender

Example: a. The offender must clearly fall within the terms of the law. b. An act is criminal only when made so by the statute 2. In cases of conflict with official translation,original Spanish text is controlling.

3. No interpretation by analogy.

Limitations on power of congress to enact penal laws 1. Ex post facto law

2. Bill of attainder

3. Law that violates the equal protection clause of the constitution. 4. Law which imposes cruel and unusual punishment nor excessive fines. Art. 1 Time When Act Takes effect - RPC took effect Feb. 1,1932. Art. 2 Application of its provisions.

Rules:

1. Philippine vessel or airship - Philippine laws shall apply to offenses committed in vessels registered with the

Philippine Bureau of Customs.It is the registration not citizenship of the owner which matters.

2. Foreign vessel

a. French rule - General Rule - Crimes committed aboard a foreign vessel within the territorial waters of a country

are not triable in the courts of such country.

Exception: Commission affects the peace and security of the territory or the safety of the state is endangered

b. English Rule - General Rule - Crimes committed aboard a foreign vessel within the territorial waters of a

country are triable in the courts of such country.

Exceptions: When the crime merely affects things within the vessel or it refers to the internal management

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thereof.This is applicable in the Philippines.

Title 1

Felonies and Circumstances which Affect Criminal Liability Chapter One:Felonies

Art. 3 Definitions

Felonies - Acts and omissions punishable by the RPC. Crime - Acts and omissions punishable by any law. Act - An overt or external act.

Omission - Failure to perform a duty required by law. Elements:Felonies

1. There must be an act or omission 2. This must be punishable by the RPC

3. Act or omission was done by means of dolo or culpa

Nullum Crimen,Nulla Poena Sine Lege - There is no crime when there is no law punishing it.

Classification of Felonies According to the means by which they are committed:

1. Intentional felonies - by means of deceit (dolo) Requisites:

a. Freedom b. Intelligence c. Intent

Mistake of fact - misapprehension of fact on the part of the person who caused injury to another.He is not

criminally liable. Requisites:

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believe them to be b. Intention is lawful.

c. Mistake must be without fault or carelessness by the accused. 2. Culpable felonies - by means of fault (culpa).

Requisites: a. Freedom b. Intelligence

c. Negligence (lack of foresight) and imprudence (lack of skill). 1. Moral trait of offender

2. Good faith as a defense

3. Degree of accomplishment of the crime

4. Mitigating and aggravating circumstance

5. Degree of participation

6. Laws violated

Mala In Se Considered

Valid defense unless the crime is the result of culpa.

Taken into account

Taken into account in imposing penalty

When there is more than one offender,it is taken into consideration

General rule: RPC

Mala Prohibita Not considered

Not a defense.Intent not

necessary.Sufficient that the offender has the intent to perpetrate the act prohibited by the special law. Taken into account only when consummated.

Generally not taken into account. Generally not taken into account.

General rule: Special penal laws

Intent

1. Purpose to use a particular means to effect a result 2. Element of crime except in crimes committed with culpa.

3. Essential in intentional felonies.

Motive

1. Moving power which impels one to act. 2. Not an element.

3. Essential only when the identity of the felon is in doubt.

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Paragraph 1 - Criminal liability for a felony committed different from that intended to be committed. Requisites:

1. Felony has been committed intentionally.

2. Injury or damage done to the other party is the direct,natural and logical consequences of the felony. Hence,since he is still motivated by criminal intent,the offender is criminally liable in:

a. Error in personae - mistake in identity b. Abberatio ictus - mistake in blow

c. Praetor intentionem - lack of intent to commit so grave a wrong.

Proximate cause - the cause,which in the natural and continuous sequence unbroken by any efficient intervening cause produces the injury without which the result would not have occurred.

Paragraph 2 - Impossible crime Requisites;

1. Act would have been an offense against persons or property. 2. There was a criminal intent.

3. Accomplishment is inherently impossible or inadequate or ineffectual means are employed. 4. Act is not an actual violation of another provision of the RPC or of special law.

Impossible crime occurs when there is 1. Inherent impossibility to commit the crime 2. Inadequate means to consummate the crime. 3. Ineffectual means to consummate the crime.

Art. 5 Duty of the court in connection with acts which should be repressed but which are not covered by the law and in cases of excessive penalties.

Article 5 covers two situations:

1. The court cannot convict the accused because the acts do not constitute a crime. a. The proper judgment is acquittal.

b. The court is mandated to report to the Chief Executive that said act be made subject of penal legislation and why.

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commission of the crime,

a. the judge should impose the law.

b. The most that he could do is recommend to the Chief Executive to grant executive clemency. Art. 6 Consummated,Frustrated, and Attempted Felonies

Stages of Execution

1. Consummated - when ll the elements necessary for its execution and accomplishment are present. 2. frustrated - Elements

a. Offender performs all the acts of execution.

b. All these acts would produce the felony as a consequence. c. But the felony is not produced.

d. By reason of causes independent of the will of the perpetrator. 3. Attempted - Elements

a. Offender commences the felony directly by overt acts. b. Does not perform all acts which would produce the felony. C. His acts are not stopped by is own spontaneous desistance. Attempted

1. Overt acts of execution are started.

2. Not all acts of execution are present

3. Due to reasons other than the spontaneous desistance of the perpetrator.

Frustrated

1. All acts of execution are present.

2. Crime sought to be committed is not achieved

3. Due to intervening causes independent of the will of the perpetrator.

Consummated

1. all acts of execution are present.

2. The result sought is achieved.

Crimes which do not admit of frustrated and attempted stages.

1. Offenses punishable by special penal laws unless the law provides otherwise. 2. Formal crimes - consummated in one instance example.slander,adultery etc. 3. Impossible crimes

4. Crimes consummated by mere attempt examples.attempt to flee to an enemy country,treason,etc. 5. felonies by omission

6. Crimes committed by mere agreement example.corruption of public officers,betting in sports such as 'ending" Crimes which do not admit of frustrated stage

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1.Rape 2. Bribery

3. Corruption of public officers 4. Adultery

5. Physical injury

2 Stages in the Development of a Crime

1. Internal acts - ex. mere ideas of the mind - not punishable. 2. external acts -

a. Preparatory acts - ordinarily not punishable except when considered by law as independent crimes. ex. possession of picklocks and similar tools.

b. Acts of execution - punishable under the RPC. Art. 7 When Light Felonies are Punishable

General rule: Punishable only when they have been consummated.

Exception : Even if not consummated if committed against persons or property.

Examples: slight physical injuries,theft,malicious mischief,intriguing against honor,alteration of boundary marks.

Note: Only principals and accomplices are liable,accessories are not liable even if committed against persons or property. Art. 8 Conspiracy and Proposal to Commit Felony

Conspiracy - Requisites

1. Two or more persons come to an agreement 2. For the commission of a felony

3. They decide to commit it Concepts of conspiracy

1. As a crime itself - ex. conspiracy to commit rebellion,insurrection,treason,sedition,coup d' etat 2. Merely as means to commit a crime - Requisites

a. A prior and express agreement

b. Participants acted in concert or simultaneously,which is indicative of a meeting of the minds towards a common criminal objective.

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General rule: Conspiracy to commit a felony is not punishable since it is merely a preparatory act.

Exception: When the law specifically provides for a penalty.Example,rebellion,insurrection,sedition,coup d' etat. General rule: The act of one is the act of all.

Exception: Unless one or some of the conspirators committed some other crime which is not part of the intended crime. Exception to the exception: When the act constitutes an indivisible offense.

Overt Acts In Conspiracy Must Consists Of:

1. Active participation in the actual commission of the crime itself or

2. Moral assistance to his co-conspirators by being present at the time of the commission of the crime or 3. Exerting a moral ascendance over the other co-conspirators by moving them to execute or implement the criminal plan.

Proposal to commit a felony Requisites:

1. A person has decided to commit a felony and 2. Proposes its execution to some other person/persons 1. Elements

2. Crimes

Conspiracy

Agreement to commit and commission

Conspiracy to commit

sedition,treason,rebellion,coup d' etat

Proposal

Person decides to commit a crime and proposes the same to another Proposal to commit

treason,rebellion,coup d' etat

 no proposal to commit sedition

Art. 9 Grave Felonies,Less Grave Felonies,and Light Felonies Importance of Classification

1. To determine whether the felonies can be complexed or not. 2. To determine the prescription of the crime and of the penalty. Penalties (Imprisonment)

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1. Grave Felonies - afflictive penalties: 6 years and 1 day to reclusion perpetua (life). 2. Less Grave Felonies - correctional penalties: 1 month and one day to 6 years. 3. Light Felonies - Arresto Menor (1 day to 30 days).

Art. 10 Offenses not subject to the provisions of this code. General rule: RPC provisions are supplementary to special laws. Exceptions:

1. When special law provides otherwise.

2.When provisions of RPC are impossible of application,either by express provision or by necessary implication. 1. Terms

2. Attempted or frustrated stages

3. Plea of guilty as mitigating circumstance

4. Minimum,medium,and maximum periods 5. Penalty for accessory or accomplice

Special Laws Imprisonment

General rule: not punishable Exception: unless otherwise stated No

Not applicable General rule: none

Exception: unless otherwise stated

RPC

Prision correctional.prision mayor,arresto mayor etc. Punishable

Yes Yes Yes Provisions of RPC applicable to special laws

 Art. 16 Participation of accomplices

 Art. 22 Retroactivity of penal laws if favorable to the accused.

 Art. 45 Confiscation of instruments used in the crime.

Note: When the special law adopts the penalties imposed in the RPC,ex.penalties as reclusion perpetua etc.The provisions of the RPC on imposition of penalties based on stages of execution,degree of participation and attendance of mitigating and aggravating circumstances may be applied by necessary implication. Art. 11 Justifying circumstances - where the act of a person is in accordance with law such that said person is deemed not to have violated the law.

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General rule: no criminal and civil liability incurred.

Exception: there is civil liability with respect to paragraph 4 where the liability is born by persons benefited by the act. Paragraph 1 Self defense

Elements:

1. Unlawful Aggression

 indispensable requirement

 there must be actual physical assault or aggression or an immediate and imminent thereat,which must be offensive and positively strong.

 the defense must have been made during the existence of aggression,otherwise,it is no longer justifying.

 while generally an agreement to fight does not constitute unlawful aggression,violation of the terms of the agreement to fight is considered an exception. 2. Reasonable necessity of the means employed to prevent or repel it.

Test of reasonableness depends on: 1) weapon used by the aggressor

2) physical condition,character,size,and circumstances of persons defending himself 4) place and occasion of assault

3. Lack of sufficient provocation on the part of the person defending himself.

Note: Perfect equality between the weapons used,nor material commensurability between the means of attack and defense by the one defending himself and that of the aggressor is not required.

Reason: the person assaulted does not have sufficient opportunity or time to think and calculate. Rights included in self defense

1) defense of person

2) defense of rights protected by law

3) defense of property (only if there is also an actual and imminent danger on the person of the one defending. 4) defense of chastity

Kinds of self defense

1) Self defense of chastity - there must be an attempt to rape the victim.

2) Defense of property - must be coupled with an attack on the person of the owner or on one entrusted with the care of such property.

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In People vs. Narvaez - Attack on property alone was deemed sufficient to comply with the element of unlawful aggression.

3) Self defense in Libel - justified when the libel is aimed at a person's good name.

Stand Ground When In The Right - the law does not require a person to retreat when his assailant is rapidly advancing upon him with a deadly weapon.

Note: Under RA 9262 (Anti Violence Against Women and their Children Act of 2004) - victim-survivors who are found by the courts to be suffering from BWS (Battered Woman Syndrome) do not incur any criminal or civil liability despite absence of the necessary elements for the justifying circumstance of self defense in the RPC. BWS is a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.

Paragraph 2 Defense of relatives Elements:

1. Unlawful aggression (indispensable requirement)

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

3. In case the provocation was given by the person attacked,the one making the defense had no part in such provocation.

Relative Entitled to the Defense 1. Spouse

2. Ascendants 3. Descendants

4. Legitimate,natural or adopted brothers and sisters,relatives by affinity in the same degree. 5. Relatives by consanguinity within the 4th civil degree.

Note: The relative defended may be the original aggressor.All that is required to justify the act of the relative defending is that he takes no part in such provocation.

Paragraph 3 Defense of Stranger Elements:

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

3. Person defending be not induced by revenge,resentment,or other evil motive. Paragraph 4 State of Necessity (avoidance of greater evil or injury)

Elements:

1. Evil sought avoided actually exists.

2. Injury feared be greater that that done to avoid it.

3. No other practical and less harmful means of preventing it.

Note: The necessity must not be due to the negligence or violation of any law by the actor. Paragraph 5 Fulfillment of duty or lawful exercise of a right or office.

Elements:

1. Accused in the performance of duty or in the lawful exercise of a right or office.

2. The injury caused or offense committed be the necessary consequence of the due performance of the duty or the lawful exercise of such right or office.

Note: The accused must prove that he was duly appointed to the position claimed he was discharging at the time of the commission of the offense.It must also be shown that the offense committed was the necessary

consequence of such fulfillment of duty or lawful exercise of a right or office. Paragraph 6 Obedience to an order issued by a superior officer

Elements:

1. an order has been issued

2. Order has a lawful purpose (not patently illegal)

3. Means used by subordinate to carry out said order is lawful

Note: The superior officer giving the order can not invoke this justifying circumstance.Good faith is material as the subordinate is not liable for carrying out an illegal order if he is not aware of its illegality and he is not negligent.

General Rule: Subordinate can not invoke this circumstance when order is patently illegal.

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Art. 12 Circumstances which exempt from criminal liability

Exempting circumstances - grounds for exemption from punishment because there is wanting in the agent of the crime any of the conditions which make the act voluntary or negligent.

Basis: The exemption from punishment is based on the complete absence of negligence,freedom of action,or intent or on the absence of negligence on the part of the accused.

Burden of proof - Any of the circumstances is a matter of defense and must be proved by the defendant to the satisfaction of the court. 1. Who/What is affected 2. Nature of act 3. Existence of a crime 4. Liability Justifying Act

Act is considered legal None

No criminal and civil liability but there is civil liability as to

Art.11(4)(State of Necessity)

Exempting Actor

Act is wrongful but actor not liable Yes,but since voluntariness is absent,the actor is not liable No Criminal liability but there is civil liability except as to

Art.12(4)(Injury by mere accident) and (7) (lawful cause)

Paragraph 1 Imbecility or Insanity

Imbecile - one while advance in age has a mental development comparable to that of children between 2 and 7 years old.He is exempt in all case from criminal liability.

Insane - one who acts with complete deprivation of intelligence/reason or without the least discernment or with total deprivation of freedom of will.Mere abnormality of the mental faculties will not exclude imputability.

General Rule: Exempt from criminal liability

Exception: The act was done during the lucid interval.

Note: Defense must prove that the accused was insane at the time of the commission of the crime because the presumption is always in favor of sanity.

Paragraph 2 Under 9 years of age

Requisites: Offender is under 9 years of age at the time of the commission of the crime.There is absolute criminal irresponsibility in the case of a minor under 9 years of age.

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Note: Under RA 9344 or the Juvenile Justice and Welfare Act,a minor 15 years old and below is exempt from criminal liability. Paragraph 3 Person over 9 and under 15 acting without discernment

Note: Such minor must have acted without discernment to be exempt.If with discernment,he is criminally liable. Presumption - the minor committed the crime without discernment.

Discernment - mental capacity to fully appreciate the consequences of the unlawful act which is shown by the 1. manner the crime was committed.

2. conduct of the offender after its commission.

Note: under RA 9344,a minor over 15 but below 18 who acted without discernment is exempt from criminal liability. Paragraph 4 Accident without fault or intention of causing it.

Elements:

1. A person is performing a lawful act. 2. with due care

3. He causes injury to another by mere accident 4. without fault or intention of causing it.

Paragraph 5 Irresistible Force - Offender uses violence or physical force to compel another person to commit a crime. Elements:

1. The compulsion is by means of physical force. 2. The physical force must be irresistible.

3. The physical force must come from a 3rd person.

Note: Force must be irresistible so as to reduce the individual to a mere instrument.

Paragraph 6 Uncontrollable Fear - Offender employs intimidation or threat in compelling another to commit a crime.

Elements:

1. The threat which causes the fear is of an evil greater than or at least equal to that which he is required to commit.

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Note: Duress to be valid defense should be based on real imminent or reasonable fear for one's life or limb.It should not be inspired by speculative,fanciful or remote fear.A threat of future injury is not enough.

Duress - use of violence or physical force.

Actus me invito factus non est meus actus - Any act done by me against my will is not my act.

Paragraph 7 Insuperable Cause - some motive,which has lawfully,morally,or physically prevented a person to do what the law command.

Elements:

1. An act is required by law to be done. 2. A person fails to perform such act.

3. His failure to perform such act was due to some lawful or insuperable cause. Example: a. A priest cant be compelled to reveal what was confessed to him. b. No available transportation - officer not liable for arbitrary detention.

c. Mother who was overcome by severe dizziness and extreme debility,leaving child to die - not liable for infanticide.

Absolutory causes - where the act committed is a crime but for some reason of public policy and sentiment,there is no penalty imposed.Exempting and justifying circumstances are absolutory causes.Examples of such other circumstances are:

1. Spontaneous desistance

2. Accessories exempt from criminal liability

3. Death or physical injuries inflicted under exceptional circumstances

4. Person exempt from criminal liability from theft,swindling,malicious mischief 5. Instigation

Note: Entrapment is not an absolutory cause.A buy-bust operation conducted in connection with illegal drug-related offenses is a form of entrapment.

Entrapment Instigation

1. The ways ans means are resorted to for the purpose 1. Instigator practically induces the would be accused of trapping and capturing the lawbreaker in the into the commission of the offense and himself execution of his criminal plan. becomes a co-principal.

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2. Not a bar to accused prosecution and conviction 2. Accused will be acquitted 3. Not an absolutory cause 3. Absolutory cause

Chapter 3

Circumstances which Mitigate criminal Liability

Privileged Mitigating Ordinary Mitigating

1.Offset by any aggravating can not be offset can be offset by a generic circumstance aggravating circumstance

2. Effect on penalty effect of imposing the penalty by 1 or if not offset, has the effect of 2 degrees lower than that provided imposing the minimum period of the by law penalty

3. Kinds (sources) minority,incomplete self defense, 2 or those circumstances enumerated in more mitigating circumstance without in paragraph 1 to 10 of art. 13 any aggravating circumstance (has the

effect of lowering the penalty by one degree

Age Criminal Responsibility/Effect

15 years old absolute irresponsibility,exempting circumstance 15 and 18 years old conditional responsibility

without discernment - not criminally liable with discernment - criminally liable minor delinquent sentence is suspended

18 and 70 years old full responsibility

> 70 years old mitigated responsibility,no imposition of death penalty,execution of death sentence may be suspended and commuted.

Art. 13. Mitigating circumstances - those which if present in the commission of the crime reduces the penalty of the crime but does not erase criminal liability nor change the nature of the crime.

Note: A mitigating circumstance arising from a single fact absorbs all the other mitigating circumstances arising from that same fact. Paragraph 1 Incomplete Justifying or Exempting Circumstances

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Note: This applies when not all the requisites are present.If 2 requisites are present,it is considered a privilege mitigating circumstance.However,in reference to Art.11(4) if any of the last 2 requisites is absent,there is only an ordinary mitigating circumstance.Remember though,that in self-defense,defense of relative or stranger,unlawful aggression must always be present as it is an indispensable requirement.

Paragraph 2 Under 18 or over 70 years old

Note: Age of accused is determined by his age at the date of commission of crime,not date of trial. Paragraph 3 No intention to commit so grave a wrong

Note: Can be used only when the proven facts show that there is a notable and evident disproportion between the means employed to execute the criminal act and its consequences.

Factors that can be considered are: 1. weapons used

2. injury inflicted

3. part of the body injured

4. mindset of offender at the time of commission of crime.

- this provision addresses the intention of the offender at the particular moment when the offender executes or commits the criminal act,not to his intention during the planning stage.

Note: In crimes against persons - if victim does not die,the absence of the intent to kill reduces the felony to mere physical injuries.It is not considered as mitigating.It is mitigating only when the victim dies.

Note: It is not applicable to felonies by negligence because in felonies through negligence,the offender acts without intent.The intent in intentional felonies is replaced by negligence or imprudence.There is no intent on the part of the offender which may be considered as diminished.

Paragraph 4 Provocation or threat - any unjust or improper conduct or act of the offended party,capable of exciting,inciting,or irritating anyone. Requisites:

1. Provocation must be sufficient.

2. It must originate from the offended party.

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Note: Threat should not be offensive and positively strong otherwise it would be an unlawful aggression which may give rise to self-defense and thus no longer a mitigating circumstance.

Provocation Vindication

1. Made directly only to the person committing 1. Grave offense maybe also against the offenders the felony. relatives mentioned by law.

2. Cause that brought about the provocation.Need 2. Offended party must have done a grave offense to not be a grave offense. the offender or his relatives.

3. Necessary that provocation or threat immediately 3. May be proximate.Time interval allowed. preceded the act.No time interval.

Paragraph 5 Vindication of grave offense Requisites:

1. A grave offense done to the one committing the felony,his spouse,ascendants,descendants,legitimate, natural,or adopted brothers or sisters or relatives by affinity within the same degrees.

2. The felony is committed in immediate vindication of such grave offense.

Note: "Immediate" allows for a lapse of time as long as the offender is still suffering from the mental agony brought about by the offense to him.(Proximate time,not just immediately after)

Paragraph 6 Passion or Obfuscation Requisites:

1. Offender acted upon an impulse

2. The impulse must be so powerful that it naturally produced passion or obfuscation in him.

Note: Act must have been committed not in the spirit of lawlessness or revenge;act must come from lawful sentiments.

Acts which gave rise to passion and obfuscation

1. That there be an act,both unlawful and unjust 2. The act be sufficient to produce a condition of mind

3. That the act was proximate to the criminal act not admitting of time during which the perpetrator might recover his normal equanimity.

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4. The victim must be the one who caused the passion or obfuscation.

Note: Passion and obfuscation can not co-exist with treachery since this means that the offender had time to ponder his cause of action.

Passion and Obfuscation Irresistible Force 1. Mitigating 1. Exempting

2. No physical force needed 2. Requires physical force

3. From the offender himself 3. Must come from a third person 4. Must come from lawful sentiments 4. Unlawful

Passion and Obfuscation Provocation

1. Produced by an impulse which may be caused 1. Comes from injured party

by provocation 2. Immediately precede the commission of the crime 2. Offense which engenders perturbation of mind

need not be immediate,it is only required that the influence thereof lasts until the crime is committed

3. Effect is loss of reason and self-control on the 3. Same part of the offender

Paragraph 7 Surrender and Confession of guilt Requisites: Voluntary Surrender

1. Offender not actually arrested

2. Offender surrendered to persons in authority 3. Surrender was voluntary

Requisites: Voluntary Plea of Guilt

1. Offender spontaneously confessed his guilt

2. Confession was made in open court,that is,before the competent court that is to try the case 3. Confession of guilt was made prior to the presentation of the evidence for the prosecution

When surrender voluntary - must be spontaneous,showing the intent of the accused to submit himself unconditionally to the authorities,either because

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2. He wishes to save them the trouble and expense necessarily incurred in his search and capture

Note: If both are present,considered as two independent mitigating circumstances.Further mitigates penalty.

Notes:

* Plea made after arraignment and after trial has begun does not entitle accused to the mitigating circumstance. * If accused pleaded not guilty,even if during arraignment he is entitled to mitigating circumstance as long as he withdraws his plea of not guilty to the charge before the fiscal could present his evidence .

* Plea to a lesser charge is not a mitigating circumstance because to be such,the plea of guilt must be to the offense charged.

* Plea to the offense charge in the amended information,lesser than that charged in the original information is mitigating circumstance.

Paragraph 8 Physical defect of offender - The offender is deaf and dumb,blind or otherwise suffering from some physical defect restricting his means of action,defense,or communication with others.

Note: The physical defect must relate to the offense committed. Paragraph 9 Illness of the offender

Requisites:

1. The illness of the offender must diminish the exercise of his will power. 2. Such illness should not deprive the offender of consciousness of his acts. Paragraph 10 Similar and Analogous Circumstances

Example:

1. Defendant who is 60 years old with failing eyesight is similar to a case of one over 70 years old. 2. Outraged feeling of owner of animal taken for ransom is analogous to vindication of grave offense. 3. The impulse of jealous feeling similar to passion and obfuscation.

4. Voluntary restitution of property similar to voluntary surrender.

5. Extreme poverty,similar to incomplete justification based on state of necessity. Chapter Four

CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY

Aggravating circumstances - those which if attendant in the commission of the crime serve to have the penalty imposed in its maximum period provided by law for the offense or those that change the nature of the crime.

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Basis - The greater perversity of the offender manifested in the commission of the felony as shown by: 1. The motivating power itself

2. The place of the commission 3. The means and ways employed 4. The time

5. The personal circumstances of the offender or the offended party Kinds of aggravating circumstances

1. Generic - those which apply to all crime

2. Specific - those which apply only to specific crimes 3. Qualifying - those that change the nature of the crime

4. Inherent - which of necessity accompany the commission of the crime,therefore not considered in increasing the penalty to be imposed.

5. Special - those which arise under special conditions to increase the penalty of the offense and can not be offset by mitigating circumstances.

Generic Aggravating Circumstances Qualifying Aggravating circumstances

1. Effect - when not set off by any mitigating 1. Effect - gives the crime its proper and exclusive circumstance increases the penalty which should be name and places the author of the crime in such a imposed upon the accused to the maximum period situation as to deserve no other penalty than that but without exceeding the limit prescribed by law. specially prescribe by law for said crimes. 2. If not alleged in the information,a qualifying 2. To be considered as such,must be allege in the circumstance will be considered generic. information.

3. May be offset by a mitigating circumstance 3. Can not be offset by a mitigating circumstance. Rules on Aggravating Circumstances

1. Aggravating circumstances shall not be appreciated if a. They constitute a crime specially punishable by law or

b. It is included by law in defining a crime with a penalty prescribed and therefore shall not be taken into account for the purpose of increasing the penalty.

Example: "that the crime be committed by means of fire,explosion (Art.14 par.12) is in itself a crime of arson or a crime involving destruction.It is not to be considered to increase the penalty for the crime of arson

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or for the crime involving destruction.

2. The same rule shall apply with respect to any aggravating circumstance inherent in the crime for such a degree that it must of necessity accompany the commission thereof.Art.62 par.2)

3. Aggravating circumstances which arise a. From the moral attributes of the offender

b. From his private relations with the offender party c. From any personal cause

- shall only serve to aggravate the liability of the principals,accomplices and accessories as to whom such circumstances are attendant.(Art 62. par.3)

4. The circumstances which consist

a. In the material execution of the act or b. In the means employed to accomplish it

- shall serve to aggravate the liability of only those persons who had knowledge of them at the time of the execution of the act or their cooperation therein.Except when there is proof of conspiracy in which case the act of one is deemed to be the act of all regardless of lack of knowledge of the facts constituting the

circumstance.(Art.62 par.4)

5. Aggravating circumstances regardless of its kind should be specifically alleged in the information and proved as fully as the crime itself in order to increase the penalty.(Rule 110 sec.9 2000 Rules of Criminal Procedure) 6. When there is more than one qualifying aggravating circumstance present,one of them will be appreciated as qualifying aggravating while the others will be considered as generic aggravating.

Art. 14. Aggravating circumstances.

Par. 1 That advantage be taken by the offender of his public position Requisites:

1. Offender is public officer

2. Public officer must use the influence,prestige or ascendancy which his office gives him as means to realize criminal purpose.

Note:

* It is not considered as an aggravating circumstance where taking advantage of official position is made by law an integral element of the crime or inherent in the offense.

example: malversation,falsification of a document committed by public officers

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circumstances is not present.

* Taking advantage of a public position is also inherent in the case of accessories under Art.19 par.3

(harboring,concealing or assisting in the escape of the principal of the crime) and in crimes committed by public officers.(Art.204-245)

Par. 2 That the crime be committed in contempt of or with insult to public authorities. Requisites:

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

2. That he who is thus engaged in the exercise of said functions is not the person against whom the crime is committed.

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

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

Person in authority - public authority or person who is directly vested with jurisdiction and has the power to govern and execute the laws.Example: Governor,Mayor,Barangay Captain,councilors,Chief of Police Note:* A teacher or professor of a public or recognized private school is not a public authority within the

contemplation of this paragraph.While he is a person in authority under Art.152,that status is only for the purpose of Art.148(direct assault) and art.152(resistance and disobedience)

* The crime should not be committed against the public authority otherwise it will constitute direct assault under art.148

* This is not applicable when committed in the presence of a mere agent.

Agent - subordinate public officer charged with the maintenance of public order and protection and security of life and property.Example: barrio councilman.

Par. 3 That the act be committed

1. With insult or in disregard of the respect due the offended party on account of his rank,age,sex or

2. That it be committed in the dwelling of the offended party,if the latter has not given provocation.

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a. These circumstances shall only be considered as one aggravating circumstance.

b. Rank,age,and sex may be taken into account only in crime against persons or honor,they can not be invoked in crimes against property.

c. it must be shown that in the commission of the crime,the offender deliberately intended to offend or insult the rank,age,and sex of the offended party.

Rank - the designation or title of distinction used to fix the relative position of the offended party in reference to others (there must be a difference in the social condition of the offender and the offended party.

Age - may refer to old age or the tender age of the victim. Sex - refers to the female sex,not the male sex.

The act of disregard of rank,age,or sex is not applicable in the following cases: 1. When the offender acted with passion and obfuscation.

2. When there exists a relationship between the offended party and the offender.

3. When the condition of being a woman is indispensable in the commission of the crime.Example: parricide, abduction,seduction,and rape.

People vs. Lapaz March 31,1989 - Disregard of sex and age are not absorbed in treachery because treachery refers to the manner of the commission of the crime,while disregard of sex and age pertains to the relationship of the victim.

Dwelling - must be building or structure exclusively used for rest and comfort (combination of house and store not included) may be temporary as in the case of guests in a house or bedspacers.It includes

dependencies,the foot of the staircase and the enclosure under the house. Notes:

* The aggravating circumstance of dwelling requires that the crime be wholly or partly committed therein or in any integral part thereof.

* Dwelling does not mean the permanent residence or domicile of the offended party or that he must be the owner thereof.He must ,however be actually living or dwelling therein even for a temporary duration or

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purpose.

* It is not necessary that the accused should have actually entered the dwelling of the victim to commit the offense; it is not enough that the victim was attacked inside his own house although the assailant may have devised means to perpetrate the assault from without.

What aggravates the commission of the crime in one's dwelling?

1. The abuse of confidence which the offended party reposed in the offender by opening the door to him or 2. The violation of the sanctity of the home by trespassing therein with violence or against the will of the owner.

Meaning of provocation in the aggravating circumstance of dwelling: The provocation must be: 1. Given by the owner of the dwelling

2. Sufficient and

3. Immediate to the commission of the crime.

Note: If all these conditions are present, the offended party is deemed to have given the provocation and the fact that the crime is committed in the dwelling of the offended party is not an aggravating circumstance.Reason - When it is the offended party who has provoked the incident,he losses his right to the respect and consideration due him in his own house.

Dwelling is not aggravating in the following cases:

1.When both the offender and the offended party are occupants of the same house and this is true even if offender is a servant in the house. Exception - In case of adultery in the conjugal dwelling,the same is aggravating.However,if the paramour also dwells in the conjugal dwelling,the applicable aggravating circumstance is abuse of confidence.

2.When robbery is committed by the use of force upon things,dwelling is not aggravating because it is inherent.However,dwelling is aggravating in robbery with violence against or intimidation of persons because this class of robbery can be committed without the necessity of trespassing the sanctity of the offended party's house.

3.In the crime of trespass to dwelling,it is inherent to included by law in defining the crime. 4.When the owner of the dwelling gave sufficient and immediate provocation.

- there must exist a close relation between the provocation made by the victim and the commission of the crime by the accused.

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par. 4 That the act be committed with a. abuse of confidence or

b. obvious ungratefulness

* There are 2 aggravating circumstances present under par.4 which must be independently appreciated if present in the same case.

* While one may be related to the other in the factual situation in the case,they can not be lumped together. Abuse of confidence requires a special confidential relationship between the offender and the victim while this is not required for there to be obvious ungratefulness.

Requisites of abuse of confidence

1. That the offended party had trusted the offender.

2. That the offender abused such trust by committing a crime against the offended party. 3. That the abused of confidence facilitated the commission of the crime.

Note: Abuse of confidence is inherent in malversation,qualified theft,estafa by conversion or misappropriation and qualified seduction.

Requisites of Obvious Ungratefulness

1. That the offended party had trusted the offender

2. That the offender abused such trust by committing a crime against the offended party. 3. That the act be committed with obvious ungratefulness.

Note: The ungratefulness contemplated by paragraph 4 must be such clear and manifest ingratitude on the part of the accused .

par. 5 That the crime be committed in the palace of the chief executive or in his presence or where public authorities are engaged in the discharge of their duties or in a place dedicated to religious worship.

* Actual performance of duties is not necessary when crime is committed in the palace or in the presence of the chief executive.

Requisites regarding public authorities 1. crime occurred in the public office

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Comparison

par. 5 Where public authorities are par. 2 Contempt or insult to public authorities engaged in the discharge of their

duties

Place where public duty is performed

- In their office - outside of their office The offended party

- May or may not be the - public authority should not be the public authority offended party.

Place dedicated to religious worship Requisites:

1. The crime occurred in a place dedicated to the worship of god regardless of religion.

2. The offender must have decided to commit the crime when he entered the place of worship.

* Except for the third which requires that official functions are being performed at the time of the commission of the crime,the other places mentioned are aggravating per se even if no official duties or acts of

religious worship are being conducted there.

* Cemeteries,however respectable they may be are not considered as place dedicated to the worship of god. Par. 6 That the crime be committed

1. In the nighttime or

2. In an uninhabited place or 3. By a band

Whenever such circumstances may facilitate the commission of the offense.

Note: When present in the same case and their element are distinctly palpable and can subsist independently,they shall be considered separately.

When nighttime,uninhabited place or band aggravating 1. When it facilitated the commission of the crime or

2. When especially sought for by the offender to insure the commission of the crime or for the purpose of impunity or

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

Nighttime (obscuridad) - that period of darkness beginning at the end of dusk and ending at dawn. * Commission of the crime mus begin and be accomplished in the nighttime.When the place of the crime is illuminated by light,nighttime is not aggravating.It is not considered aggravating when the crime began at daytime.

* Nighttime is not especially sought for when the notion to commit the crime was conceived of shortly before commission or when crime was committed at night upon a casual encounter.

* However,nighttime need not be specifically sought for when 1. it facilitated the commission of the offense or

2. the offender took advantage of the same to commit the crime.

* A bare statement that crime was committed at night is insufficient.The information must allege that nighttime was sought for or taken advantage of or that it facilitated the crime.

General rule: nighttime is absorbed in treachery.

Exception: Where both the treacherous mode of attack and nocturnity were deliberately decided upon in the same case,they can be considered separately if such circumstances have different factual bases. * In People of the Philippines vs. Berdida et.al. (june 30,1966) - nighttime was considered since it was purposely sought and treachery was further appreciated because the victims hands and arms were tied together before he was beaten up by the accused.

* In People vs. Ong et.al. (Jan.30,1975) - there was treachery as the victim was stabbed while lying face up and defenseless and nighttime was considered upon proof that it facilitated the commission of the offense and was taken advantage of by the accused.

Uninhabited place (despoblado) - one where there are no houses at all,a place at a considerable distance from town,where the houses are scattered at a great distance from each other.

* Solitude must be sought to better attain the criminal purpose.

* What should be considered here is whether in the place of the commission of the offense,there was a reasonable possibility of the victim receiving some help.

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commission of an offense. Note:

* There must be 4 or more armed men.

* If one of the 4 armed malefactors is a principal by inducement,they do not form a band because it is undoubtedly connoted that he had no direct participation.

* By a band - is aggravating in crimes against property or against persons or in the crime of illegal detention or treason but does not apply to crimes against chastity.

* By a band is inherent in brigandage.

* This aggravating circumstance is absorbed in the circumstance of abuse of superior strength. Par. 7 That the crime be committed on the occasion of a conflagration,shipwreck,earthquake, epidemic or calamity or misfortune.

Requisites:

1. That the crime was committed when there was a calamity or misfortune.

2. That offender took advantage of the state of confusion or chaotic condition from such misfortune. 3. If the offender was provoked by the offended party during the calamity/misfortune,this aggravating circumstance may not be taken into consideration.

Par. 8 That the crime be committed with the aid of a. Armed men or

b. Persons who insure or afford impunity Requisites:

1. That armed men or persons took part in the commission of the crime directly or indirectly. 2. That the accused availed himself of their aid or relied upon them when the crime was committed.

Note: This aggravating circumstance requires that the armed men are accomplices who take part in a minor capacity directly or indirectly and not when they were merely present at the crime scene.Neither should they constitute a band,for then the proper aggravating circumstance would be cuadrilla.

When this aggravating circumstance shall not be considered:

1. When both the attacking party and the party attacked were equally armed.

2. When the accused as well as those who cooperated with him in the commission of the crime acted under the same plan and for the same purpose.

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he did not knowingly count upon their assistance in the commission of the crime.

Par. 6 By a band Par. 8 With the aid of armed men As to their number

- requires more than 3 armed - At least 2 malefactors

As to their action

- requires that more than 3 armed - this circumstance is present even if one of the malefactors shall have acted offenders merely relied on their aid for actual together in the commission of aid is not necessary.

an offense

* If there are 4 armed men,aid of armed men is absorbed in employment of a band.If there are 3 armed men or less,aid of armed men may be the aggravating circumstance.

* Aid of armed men includes armed women. Par. 9 That the accused is a recidivist

Recidivist - one who at the time of his trial for one crime shall have been previously convicted by final judgement of another crime embraced in the same title of the RPC.

Requisites:

1. That the offender is on trial for an offense

2. That he was previously convicted by final judgement of another crime

3. That both the first and the second offenses are embraced in the same title of the RPC 4. That the offender is convicted of the new offense

Meaning of "at the time of is trial for one crime" - it is employed in its general sense,including the rendering of judgement.It is meant to include everything that is done in the course of the trial,from arraignment until after sentence is announced by the judge in open court.

What is controlling is the time of the trial,not the time of the commission of the offense.

General rule: To prove recidivism,it is necessary to allege the same in the information and to attach thereto certified copy of the sentences rendered against the accused.

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Exception: If the accused does not object and when he admits in his confession and on the witness stand. Notes:

*Recidivism must be taken into account no matter how many years have intervened between the first and second felonies.

*Amnesty extinguishes the penalty and its effects.However,pardon does not obliterate the fact that the accused was a recidivist.Thus,even if the accused was granted a pardon for the first offense but he commits another felony embraced in the dame title of the RPC,the first conviction is still counted to make him a recidivist.

*Being an ordinary aggravating circumstance,recidivism affects only the periods of a penalty except in prostitution and vagrancy and gambling wherein recidivism increases the penalties by degrees.No other generic aggravating circumstances produces this effect.

*In recidivism,it is sufficient that the succeeding offense be committed after the commission of the preceding offense provided that at the time of his trial for the second offense,the accused had already been convicted of the first offense.

*If both offenses were committed on the same date,they shall be considered as only one,hence,they can not be separately counted in order to constitute recidivism.Also,judgements of conviction handed down on the same day shall be considered as only one conviction.Reason - because the RPC requires that to be considered as separate convictions at the time of his trial for one crime the accused shall have been previously convicted by final judgement of the other.

10. That the offender has been previously punished by an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.

11. That the crime be committed in consideration of a price, reward, or promise.

12. That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or international damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin.

13. That the act be committed with evidence premeditation. 14. That the craft, fraud or disguise be employed.

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16. That the act be committed with treachery (alevosia).

There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make.

17. That means be employed or circumstances brought about which add ignominy to the natural effects of the act. 18. That the crime be committed after an unlawful entry.

There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or window be broken.

20. That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, motorized watercraft, airships, or other similar means. (As amended by RA 5438).

21. That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commissions. Chapter Five

ALTERNATIVE CIRCUMSTANCES

Art. 15. Their concept. — Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. They are the relationship, intoxication and the degree of instruction and education of the offender.

The alternative circumstance of relationship shall be taken into consideration when the offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender.

The intoxication of the offender shall be taken into consideration as a mitigating circumstances when the offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony but when the intoxication is habitual or intentional, it shall be considered as an

aggravating circumstance.

Title Two

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PERSONS CRIMINALLY LIABLE FOR FELONIES

Art. 16. Who are criminally liable. — The following are criminally liable for grave and less grave felonies: 1. Principals.

2. Accomplices. 3. Accessories.

The following are criminally liable for light felonies: 1. Principals

2. Accomplices.

Art. 17. Principals. — The following are considered principals: 1. Those who take a direct part in the execution of the act; 2. Those who directly force or induce others to commit it;

3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished.

Art. 18. Accomplices. — Accomplices are those persons who, not being included in Art. 17, cooperate in the execution of the offense by previous or simultaneous acts.

Art. 19. Accessories. — Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners:chan robles virtual law library

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

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

Art. 20. Accessories who are exempt from criminal liability. — The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article.

Title Three P E N A L T I E S Chapter One PENALTIES IN GENERAL

Art. 21. Penalties that may be imposed. — No felony shall be punishable by any penalty not prescribed by law prior to its commission.

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.

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.

Art. 24. Measures of prevention or safety which are nor 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.

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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.

Chapter Two

CLASSIFICATION OF PENALTIES

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: Scale Principal Penalties 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.

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Light penalties: Arresto menor, Public censure.

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.

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.

Chapter Three

DURATION AND EFFECTS OF PENALTIES

Section One. — Duration of Penalties

Art. 27. Reclusion perpetua. — Any person sentenced 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.

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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.

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.

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 four-fifths of the time during which he has undergone preventive imprisonment. (As amended by Republic Act 6127, June 17, 1970).

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

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(30) days of preventive imprisonment. (As amended by E.O. No. 214, July 10, 1988).

Section Two. — Effects of the penalties according to their respective nature

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.

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.

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.

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

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