Revised Penal Code - Book 1

T

HE

R

EVISED

P

ENAL

C

ODE

BOOK 1

A Lecture Presentation

Prepared By

Pros. CONRADO BEREX VILLAMOR CATRAL, Jr.

Professor, Criminal Law, SLU College of Law

Bar Reviewer in Criminal Law, Powerhaus Review Center Author, The Revised Penal Code: A Revolutionized Edition

C

RIMINAL

L

AW, defined.

It is that branch or division of municipal law

which

defines crimes

,

treats of their nature

,

and

provides for their punishment.

A crime is an act or omission which is

punishable under the law.

If the crime is punished by the

Revised Penal

Code,

it is called a

felony.

If it is a violation of a

Special Law

, it is called an

offense.

If it is punished by an

Ordinance,

it is referred to

as an

Infraction of an Ordinance

.

Nature of Criminal Law:

1. SUBSTANTIVE LAW:

I

t defines the State’s

right to inflict punishment and the liability of the

offenders.

Under its

police power

, the State is justified in

punishing crimes in order to administer

justice. The State has an existence of its own

to maintain, a conscience to assert, and moral

principles to be vindicated. Penal justice rests

primarily on the moral rightfulness of the

punishment imposed. (Albert)

2. PUBLIC LAW

: It deals with the relation of

the individual with the state.

GENERAL RULE:

The power to define and

punish an act as a crime is vested with the

legislative body of government.

By way of

exception

to the principle of

non-delegation of legislative powers, the

power may be delegated to the Chief

Executive in cases of extreme national

emergency, as provided under

Section

23, par. 2, Article VI of the 1987

CONSTITUTIONAL

LIMITATIONS

1. That Congress cannot pass an ex post facto law or a bill of attainder. (Section 22, Article III, 1987 Philippine Constitution)

• An ex post facto law is one which:

– Makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act.

– Aggravates a crime, or makes it greater than it was, when committed. – Changes the punishment and inflicts a greater punishment than the law

annexed to the crime when committed.

– Alters the legal rules on evidence, and authorizes conviction upon less or different testimony than the law required at the time of the

commission of the offense.

– Assumes to regulate civil rights and remedies only but in effect imposes penalty or deprivation of a right for something which when done was lawful

– Deprives a person accused of a crime of some lawful protection to

which he has become entitled, such as the protection of a proclamation of amnesty.

• BILL OF ATTAINDER. It is a legislative act which inflicts

punishment without the benefit of a judicial trial. Its essence is the substitution of a legislative act for a judicial determination of guilt.

OTHER CONSTITUTIONAL LIMITATIONS:

2. Penal laws must be general in application.

Otherwise, it would violate the equal

protection clause of the constitution.

3. Congress cannot provide for a cruel,

degrading or inhuman punishment nor

can it impose excessive fines

.

(Section

19, Art. III, 1987 Philippine Constitution)

CHARACTERISTICS OF CRIMINAL LAW

I. GENERALITY:

―Penal laws and those of public security

and safety shall be obligatory upon all

who live or sojourn in Philippine territory,

subject to the principles of public

international law.‖ (Article 14, New Civil

Code)

EXCEPTIONS:

1. It does NOT apply to cases covered by

the principles of public international law.

Members of the diplomatic corps of a

country who enjoy criminal immunity:

–

– Ambassadors,

– ministers plenipotentiary, ministers resident, – charges d’ affaires and

– attaches

2. Cases covered by treaty or treaty

stipulations

3. Cases covered by Laws of Preferential

Application

II. TERRITORIALITY

Penal laws take effect only within the limits of

Philippine territory. It cannot penalize a crime committed outside the country, even if the same be committed by any of its citizens.

The Philippine Territory is encompassed by the provisions of Article I of the 1987 Philippine Constitution defining the National Territory.

In this vein, the Philippines adopts the

Archipelagic Doctrine – which mandates the outlining of

imaginary lines starting from the lowest water mark and connecting the outermost portions of the territory – in defining the limits of the National Territory.

The entire archipelago is regarded as one integrated unit instead of being fragmented into so many islands.

Composition of the National Territory:

1.

TERRITORIAL JURISDICTION

: The

jurisdiction exercised by a country over

bodies of land, as defined in the

constitution.

2.

FLUVIAL JURISDICTION

: The

jurisdiction over maritime and interior or

internal waters.

3.

AERIAL JURISDICTION

: The jurisdiction

over the atmosphere.

By Article 2 of the Revised Penal Code, our Penal laws may also apply outside of Philippine Territory against those who:

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

If a crime is committed on board a foreign vessel and it is a merchant vessel, there are two rules as to jurisdiction:

1. The FRENCH RULE which states that crimes committed on board a foreign merchant vessel while on the waters of another country are not triable in that country unless these affect the peace and security or the safety of the state is endangered;

2. The ENGLISH RULE which provides that such crimes are triable in that country unless they merely affect the internal management of the vessel.

Our country adheres to the English Rule.

Nonetheless, we must also consider the provisions of

Section 15, Rule 110 of the 2000 Rules on Criminal Procedure which provides:

a. The criminal action is instituted and tried in the court of the municipality or territory where the offense was

committed or any of its essential ingredients occurred;

b. Where the crime is committed in a train, aircraft or other private or public vehicle in the course of its trip, the

criminal action is instituted at the municipality or territory

where the same passed during its trip, including the place of departure and arrival;

c. Where the crime is committed on board a vessel while

in the course of its voyage, the criminal action shall be

instituted in the Court of first port of entry or of any

municipality or territory where the vessel passed during the voyage, subject to the generally accepted principles of

international law and

d. Crimes under Article 2 of the Revised Penal Code are cognizable by the Court where the criminal action is filed.

(b) Should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by the Government of the Philippines;

(c) Should be liable for acts connected with the

introduction into the Philippines of the obligations and securities mentioned in the preceding number;

(d) While being public officers or employees, should

commit an offense in the exercise of their functions; or

(e) Should commit any of the crimes against national

security and the law of nations, defined in Title One of Book two of the revised Penal Code.

• The underlying reasons behind these five (5) instances are:

(a) To preserve the territorial integrity of the

Philippines; (b) To preserve the economic integrity of the country; (c) To preserve the integrity of Philippine public administration and (d) To maintain the continuity & integrity of the State.

III. IRRETROSPECTIVITY OR

PROSPECTIVITY

―Laws shall have no retroactive effect, unless the

contrary is provided‖.

(Article 4, New Civil

Code)

This characteristic provides that the law does not

have any retroactive effect, except if it favors the

offender, unless he is a habitual delinquent.

(Article 22, Revised Penal Code). This rule also

applies to administrative rulings and circulars

EXCEPTION:

Whenever a new statute dealing

with the crime establishes conditions more

lenient or favorable to the accused, it can be

given a retroactive effect.

EXCEPTION to the EXCEPTION:

•

Where the new law is expressly made

inapplicable to pending actions or existing

causes of action.

•

Where the offender is a habitual delinquent.

A

habitual delinquent

is one who, within a period

of

ten years

from the date of his last conviction

or last release of any of the following crimes:

robbery (robo), theft (hurto), estafa or

swindling, falsification, serious and less serious

physical injuries

, is found guilty of any of the

said crimes a

third time or oftener

.

(Art. 62,

par. 5, RPC)

HOW PENAL LAWS ARE CONSTRUED:

•

PRO REO: Penal Laws are liberally construed

in favor of the offender.

•

Penal laws are construed strictly against the

state, but

only when the law is ambiguous and

there are doubts

as to its proper interpretation

(People vs. Gatchalian, 104 Phil 664)

•

In case of conflict between the English Text and

the Spanish Text in the construction, the latter

text prevails



EQUIPOISE RULE:

When the evidence

presented in court is susceptible of two

interpretations, one consistent with innocence

and the other with guilt, the same should be

resolved in favor of the accused.

(Corpus vs.

People, 194 SCRA 73).

SCHOOLS OF THOUGHT IN CRIMINAL LAW

CLASSICAL SCHOOL:

1. The basis of criminal liability is human free will and the purpose of the penalty is retribution

2. That man is essentially a moral creature with an

absolute free will to choose between good and evil, thereby placing more stress upon the effect or result of the felonious act, than upon the man, the criminal himself.

POSITIVIST SCHOOL:

1. That man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong in spite of, or contrary to his volition.

2. That crime is essentially a social and natural

phenomenon, and as such, it cannot be treated and checked by the application of abstract principles of law and jurisprudence nor by the imposition of a punishment.

FELONIES

Art. 3. Definitions

. – Acts and omissions

punishable by law are felonies

(delitos).

Felonies are committed not only by means of

deceit

(dolo)

but also by means of fault

(culpa).

There is deceit when the act is performed

with deliberate intent; and there is fault

when the wrongful act results from

imprudence, negligence, lack of foresight, or

lack of skill.

Elements of Felonies, in general:

1.

There must be an act or omission.

An

ACT

is a bodily movement tending

to produce some effect in the external

world.

An

OMISSION purports inaction

– the

failure to perform a positive duty which

one is obliged by law to do.

2. The act or omission is punishable by

the Revised Penal Code.

3. It is committed by means of dolo or

Certain omissions which are punishable

under the Revised Penal Code, to wit:

1. Misprision of Treason (Art. 116)

2. Abandonment of persons in danger (Art. 275)

3. Illegal Exactions (Arts. 213, par. 2) – Failing

voluntarily to issue a receipt, as provided by

law, for any sum of money collected by him

officially.

4. Failure of Accountable Officer to render

Accounts (Art. 218)

5. Failure of a responsible public officer to render

accounts before leaving the country (Art. 219)

6. Failure to make delivery of public funds or

property (Art. 221)

7. Rule 130, Section 21, on the Privileged

Communication Rule

Classification of felonies according to the

means they are committed:

1. INTENTIONAL FELONIES:

In this class of felony, the offender has the

intention to do or cause an injury to another.

Felonies by dolo are thus characterized by the

presence of malice in its commission.

2. CULPABLE FELONIES:

In this class, a person causes an injury, without

intent to cause an evil. Felonies by culpa are

characterized by the absence of malice.

Culpa can either arise from:

a.

IMPRUDENCE:

This imports a deficiency of action

–

that a person fails to take the necessary

precaution to avoid injury or damage. It

arises because of one’s lack of skill.

b.

NEGLIGENCE:

This imports a deficiency of perception

– there is a failure to pay proper attention

and to use diligence in foreseeing the

injury or damage impending to be caused.

It arises because of a lack of foresight.

Requisites of Dolo:

1. Criminal INTENT on the part of the offender.

INTENT is the purpose to use a particular means to effect a result.

Generally, Intent is presumed from the commission of an unlawful act.

2. FREEDOM of action in doing the act on the part of the offender.

One who acts without freedom is no longer a human being but a tool. Thus, if one acts under the

compulsion of an irresistible force or because of an uncontrollable fear is criminally exempt under Art. 12, Section 5.

3. INTELLIGENCE on the part of the offender in doing the act.

One without intelligence necessarily does not have the

Criminal intent is presumed from the

commission of an unlawful

act, but not from

the proof of the commission of an act which is

not unlawful.

•

“Actus non facit reum nisi mens sit rea”.

The act itself does not make a man guilty

unless his intention were so.

•

“Actus me invito factus non est meus

actus”.

An act done by me against my will is not

my act.

Criminal Intent can be categorized

into two:

1. General Criminal Intent:

This is presumed from the mere doing of a wrong act. So this does not require proof, the burden is upon the wrongdoer to prove that he acted without such criminal intent.

2. Specific Criminal Intent:

This is 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 or intent to gain in Robbery or Theft.

INTENT distinguished from MOTIVE

:

MOTIVE

Reason/ moving power which impels one to action for a definite result

When there is motive in the commission of a crime, it always comes before intent. But it is not an essential element of a crime. INTENT Purpose to use a particular means to bring about a desired result (not a state of mind, not a reason for committing a crime) If intentional, a crime

cannot be committed without intent. Intent is sometimes manifested by the instrument used by the offender.

Motive, when relevant:

1. When the identity of the accused is in dispute

2. For purposes of defense

3. In determining the sanity of the accused

4. In indirect assault (Art. 249)

5. When there are no eyewitnesses and

suspicion is likely to fall on a number of suspects

6. In defense of strangers (Art. 11, par. 3)

7. When the evidence is circumstantial.

8. When there are two antagonistic versions of

the killing.

When motive not necessary:

1. The identity is known/ positive identification.

2. Where the accused admits the crime.

MISTAKE OF FACT:

• Misapprehension of fact on the part of the person who caused injury to another. He is not, however, criminally liable because he did not act with criminal intent.

• Ignorantia facti excusat.

• Requisites of mistake of fact as a defense:

a. The act done would have been lawful had the facts been as the accused believed them to be.

b. The intention of the accused in performing the act is lawful.

c. The mistake was without fault or carelessness on the part of the accused.

Case: People vs. Ah Chong, 15 Phil 488.

Requisites of Culpa:

1.

Criminal

NEGLIGENCE

on the part of

the offender — The crime was the result

of negligence, reckless imprudence, lack

of foresight, or lack of skill.

2

. FREEDOM of action in doing the act —

He did not act under duress.

3.

INTELLIGENCE on the part of the

MALA IN SE and MALA PROHIBITA,

distinguished:

MALA IN SE:

1. Criminal liability is based on the moral trait of the

offender, thus, liability would only arise when there is

dolo or culpa in the commission of the punishable act.

2. Good faith or lack of criminal intent is a valid defense,

unless the crime is the result of culpa.

3. The degree of accomplishment of the crime is taken into account in punishing the offender. Thus, there are attempted, frustrated, and consummated stages in the commission of a crime.

4. When there is more than one offender, the degree of participation of each in the commission of the crime is taken into account in imposing the penalty. Thus

offenders are classified as principals, accomplice, and accessory.

MALA PROHIBITA

1.

The moral trait of the offender is not

considered. It is enough that the prohibited

act be voluntarily done.

2.

Good faith is not a defense.

3.

The act gives rise to a crime only when it is

consummated.

4.

Mitigating and aggravating circumstances are

not taken into account in imposing the

penalty, because the moral trait of the

offender is not considered.

5.

The degree of participation of any offender is

not considered.

HOW CRIMINAL LIABILITY IS INCURRED

Article 4. Criminal liability is incurred:

(a) by any person committing a felony,

although the wrongful act be different

from that intended;

(b) by any person committing any act

which would be an offense against

persons or property were it not for

the inherent impossibility of its

accomplishment or on account of the

employment of inadequate means.

Three situations covered by Article 4, paragraph 1

a.

ABERRATIO ICHTUS

(Mistake in the Blow):

The case will be subject to the provisions of

Art. 48 on Complex Crimes.

b.

PRAETER INTENTIONEM

(The Blow went beyond the intent):

The offender, though, may be entitled to the

mitigating circumstance of ―lack of intent to

commit so grave a wrong as that committed‖

under paragraph 3 of Article 13.

c.

ERROR IN PERSONAE

(Mistake in the Identity of the Victim)

The penalty for the offender will be covered by

the provisions of

Article 49

of the Revised

Rationale for the Rule in Article 4:

“El que es la causa de la causa es la causa del

mal causado”.

•

PROXIMATE CAUSE: That cause which, in

natural and continuous sequence, unbroken by

any efficient supervening cause, produces the

injury and without which the result would not

have occurred.

( Vda. De Bataclan vs. Medina

102 Phil 181)

•

A proximate cause is not necessarily the

immediate cause. This may be a cause which is

far and remote from the consequence which sets

into motion other causes which resulted in the

When is death presumed to be the natural

consequence of the physical injuries that had

been inflicted:

1. The victim at the time the physical injuries

were inflicted was

in good health

2. Death may be

expected

because of the

physical injuries

3. Death

ensued within a reasonable time

However, the injury is

NOT

the DIRECT,

NATURAL and LOGICAL consequence of the

felony committed (or proximate cause):

•

If the consequences produced have

resulted from a

DISTINCT ACT or FACT

Paragraph 2, Article 4:

IMPOSSIBLE CRIME

, defined.

It 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.

Requisites of an IMPOSSIBLE CRIME:

1. The act performed would be an offense against persons or property;

2. The act was done with evil intent;

3. Its accomplishment is inherently impossible, or that the means employed is either inadequate or ineffectual;

4. The act performed should not constitute a violation of another provision of the Revised Penal Code.

Nature of Impossibility:

•

The inherent impossibility contemplated under

Article 4, paragraph 2 is either legal, factual or

physical impossibility.

1. Legal Impossibility

There is legal impossibility if the intended acts,

even if completed,

would not amount to a felony

.

2. Factual or Physical Impossibility

There is factual or physical impossibility where

extraneous circumstances unknown to the actor

or beyond his control prevent the consummation

of the intended felony.

(Saturnino Intod vs.

CA et al., 215 SCRA 52).

Article 5. Duty of the court in connection with acts

which should be repressed but which are not

covered by law, and cases of excessive penalties. –

Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall

report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of penal

legislation.

In the same way the court shall submit to the Chief Executive, through the Department of Justice, such

statement or report as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense.

STAGES OF EXECUTION

Article 6. Consummated, frustrated, and attempted felonies. – Consummated, as well as those which are frustrated and attempted are punishable.

A felony is consummated when all the elements

necessary for its execution and accomplishment are present;

and it is frustrated when the offender performs all the acts of execution which would produce the

felony as a consequence but which, nevertheless,

do not produce it by reason of causes independent of the will of the perpetrator.

There is an attempt when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts which should produce the felony by reason of some cause or accident other than his own spontaneous

Stages in the development of a crime:

1. Internal Acts:

deserves a punishment for a thought.

2. External Acts:

Included in external acts are:

a. Preparatory Acts

:

the law provides for their punishment in certain cases.

b. Acts of execution:

I.

ATTEMPTED STAGE:

• There is an attempt 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.

• OVERT ACTS: These refer to some physical activity or deed, indicating the intention to commit a particular crime, more than a mere planning or preparation,

which if carried to its complete termination following its natural course, without being frustrated by

external obstacles or by voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense.

INDETERMINATE OFFENSE: One where the purpose of the offender in performing an act is NOT certain. Its nature

in relation to its objective is ambiguous.

Important phrases in the Attempted

Stage of a felony:

1. Directly by overt acts: The term

comprehends the fact that the offender

MUST PERSONALLY EXECUTE the

felony

2. Does not perform all the acts of execution

3. By reason of a

CAUSE or ACCIDENT

4. Other than his own spontaneous

desistance

SUBJECTIVE PHASE: That portion of the acts constituting the crime, starting from the point where the offender BEGINS the commission of

the crime to that point where he has still CONTROL over his acts, including their natural course.

II. FRUSTRATED FELONY:

The felony is frustrated when the offender performs all the acts of execution that would produce the felony as a consequence but the felony is nevertheless not

produced by reason of causes independent of the will of the perpetrator.

Requisites:

1. The offender performs all acts of execution

2. All acts performed would produce the felony as a consequence

3. But the felony is not produced

4. By reason of causes independent of the will of the perpetrator.

CONSUMMATED FELONY:

When all the elements necessary for its

execution and accomplishment are

present.

When not all the elements are proved, the

consequences are:

1. The felony is NOT consummated.

2. The felony is not committed.

To determine whether the crime is only attempted,

frustrated or consummated, we should consider:

A: THE NATURE OF THE CRIME:

B. THE ELEMENTS CONSTITUTING THE FELONY:

C: THE MANNER OF COMMITTING THE SAME:

1. FORMAL CRIMES: These are consummated in one

instant.

2. Crimes consummated by mere attempt or proposal by overt act

3. Felony by omission

4. Crimes requiring the intervention of two persons to commit them are consummated by mere agreement, 5. MATERIAL CRIMES: These have three stages of

Article 7. When light felonies are punishable. – Light

felonies are punishable only when they have been consummated, with the exception of those committed

against persons or property.

The provisions of Article 7 of the Revised Penal

Code must be discussed and interrelated with the following other provisions of the Revised Penal Code, viz:

Article 9 – On the Classification of Felonies according to Gravity

Article 16 – On Persons who are criminally liable for felonies

Article 25 – On Classification of Penalties Article 26 – On Classification of Fines

Article 27 – On Duration of Penalties

Article 71 – The Scale for Graduating Penalties by Degrees

Article 9.

Grave felonies, less grave felonies,

and light felonies

. – Grave felonies are those

to which the law attaches the capital

punishment or penalties which in any of their

periods are afflictive, in accordance with

article 25 of this Code.

Less grave felonies are those which the law

punishes with penalties which in their

maximum period are correctional, in

accordance with the above-mentioned

article.

Light felonies are those infractions of law for

the commission of which the penalty of

arresto menor or a fine not exceeding 200

pesos or both, is provided.

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

For light felonies:

1. Principals

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 Correccional Penalties: • Prision correccional • Arresto Mayor • Suspension • Destierro

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

Art. 26.

Fine

– When afflictive, correctional, or

light penalty.

A fine, whether imposed 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.

A

light penalty

, if it be

less than

200 pesos.

•

If the penalty is exactly P 200.00 –

light

– if the

prescription of the felony is in question.

•

It is c

orrectional

if the prescription of the penalty

is in question.

DURATION AND EFFECT OF PENALTIES

Art. 27. Reclusion perpetua. 20 years and 1 day to forty years.

Reclusion temporal. 12 years and 1 day to 20 years.

Prision mayor and temporary disqualification. 6 years and 1 day to 12 years, except when the disqualification is imposed as an accessory penalty, its duration shall be that of the principal penalty.

Prision correccional, suspension and destierro. 6 months and 1 day to 6 years, except when suspension is imposed as an accessory penalty, its duration shall be that of the principal penalty.

Arresto mayor. 1 month and 1 day to 6 months

Arresto menor. 1 day to 30 days.

Bond to keep the peace – The bond to keep the peace shall be required to

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 succeeding

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 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 profession or calling, and

THE THREE-FOLD RULE

Notwithstanding the provisions of the rule next

preceding, the maximum duration of the convict’s sentence shall not be more than threefold 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 of those imposed equals the said 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. (As amended by Com. Act

Art. 71. Graduated scales. – In the cases in which the law prescribes a

penalty lower or higher by one or more degree 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 (Under Article 71)

1. Perpetual absolute disqualification 2. Temporary absolute disqualification

3. Suspension from public office, the right to vote and be voted for, and the right to follow a profession or calling

4. Public censure 5. Fine

Article 71 provides for the scale which should be observed in graduating the penalties by degrees in

accordance with Art. 61. Note that in Art. 71, destierro is placed above arresto menor. The reason for this is that

destierro, being classified as a correctional penalty, is

higher than arresto menor, a light penalty. Art. 71

paragraph 2 speaks of a lower or higher penalty. Article 70 speaks of severity.

Article 8.

Conspiracy and proposal to

commit felony.

– Conspiracy and proposal

to commit felony are punishable only in

the cases in which the law specially

provides a penalty therefor.

A conspiracy exists when two or more

persons come to an agreement concerning

the commission of a felony and decide to

commit it.

There is

proposal

when the person who has

decided to commit a felony proposes its

execution to some other person or

Article 10. Offenses not subject to the provisions of this code.

Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter

should specially provide the contrary.

The following provisions of the revised Penal Code on penalties can NOT be applied to offenses

punishable under Special Laws:

1. Article 6 on the Attempted and Frustrated Stages of a Felony

2. Articles 18 and 19 on Accomplices and Accessories

3. Articles 50 to 57 stating that the penalty for the Principal in an attempted felony is two (2) degrees lower and that in the Frustrated Degree it is one (1) degree lower.

4. Articles 13 and 14 on Mitigating and Aggravating Circumstances

5.Article 64 on the Rules on application of penalties with 3 periods

CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY

• Basically, there are five (5) circumstances which affect criminal liability:

JUSTIFYING CIRCUMSTANCES: Those where the acts of a

person are said to be in accordance with the law, so that he had not transgressed the law, and has no criminal or civil liability, save in Paragraph 4 of Article 11 where the civil liability is borne by the person benefited by the act.

EXEMPTING CIRCUMSTANCES: Those where there is an

absence of the element of voluntariness, and thus, though there is a crime, there is still no criminal liability.

MITIGATING CIRCUMSTANCES: Those that have the effect of

reducing the penalty because there is a diminution of any of the elements of DOLO or CULPA which makes the act voluntary or because of the lesser perversity of the offender.

AGGRAVATING CIRCUMSTANCES: Those which serve to

increase the penalty without exceeding the maximum provided by law because of the greater perversity of the offender as shown by the motivating power of the commission of the crime, the time and place of its commission, the means employed or the personal

circumstances of the offender.

ALTERNATIVE CIRCUMSTANCES: Those which are either

aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission.

Article 11. Justifying circumstances

.

–

The following do not incur any

criminal liability:

Paragraph 1.

SELF-DEFENSE:

Anyone who acts in defense of his person or

rights, provided that the following

circumstances concur:

1. Unlawful aggression

2. Reasonable necessity of the means

employed to repel it;

3.

Lack of sufficient provocation on the part

of the person defending himself.

Art. 11, Paragraph 2. DEFENSE OF RELATIVES: Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural, or adopted brothers or sisters or of his relatives by affinity in the same degrees, and those by consanguinity within the fourth civil degree, provided that the first and second

requisites prescribed in the next preceding circumstance are present, and the further requisite , in case the provocation was given by the person attacked, that the one making

defense had no part therein.

RELATIVES WHO CAN BE DEFENDED:

1. Spouse

2. Ascendants

3. Descendants

4. Legitimate or illegitimate or adopted brothers or sisters, or relatives by affinity in the same degree

5. Relatives by consanguinity within the fourth civil degree.

Article 11, Paragraph 3:

DEFENSE OF

STRANGERS:

Anyone who acts in defense of the person

or rights of a stranger, provided that the

first and second requisites mentioned in

the first circumstance of this article are

present and

that the person defending be

not induced by revenge, resentment or

other evil motive.

•

Who are strangers: Any person not included in

the enumeration of relatives mentioned in

paragraph 2 of this article is considered a

stranger for the purpose of paragraph 3.

Article 11, Paragraph 4:

AVOIDANCE

OF GREATER EVIL OR INJURY:

Any person who, in order to avoid an

evil or injury, does an act which

causes injury to another, provided that

the following

requisites

are present:

First.

That the evil sought to be avoided

actually exists;

Second.

That the injury feared be greater

than that done to avoid it;

Third.

That there be no other practical or

less harmful means of preventing it.

Article 11, Paragraph 5:

FULFILLMENT OF

DUTY OR LAWFUL EXERCISE OF RIGHT

OR OFFICE:

Any person who acts in the fulfillment of

duty or in the lawful exercise of a right or

office.

Requisites:

(a) That the accused acted in the performance of

a duty or in the lawful exercise of a right or

office;

(b) That the injury caused or the offense

committed be the necessary consequence of

the due performance of duty or the lawful

exercise of such right or office.

(Re: People

vs. Oanis)

Article 11, Paragraph 6:

OBEDIENCE TO AN

ORDER LAWFULLY ISSUED FOR SOME

LAWFUL PURPOSE:

Any person who acts in obedience to an

order issued by a superior for some

lawful purpose.

Requisites:

(a) That an order has been issued by a superior.

(b) That such order must be for some legal

purpose.

(c) That the means used by the subordinate to

carry out said order is lawful.

EXEMPTING CIRCUMSTANCES

NON-IMPUTABILITY: These are the 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.

Article 12. Circumstances which exempt from criminal liability. – The following are exempt from criminal liability:

Paragraph 1:

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

IMBECILITY:

One who, while advanced in age, has a mental development comparable to that of children between two and seven years. This circumstance is exempting in ALL CASES.

INSANITY:

This is exempting, unless one acted during a lucid interval. To constitute insanity, there must be complete deprivation of intelligence or that there be a total deprivation of the freedom of the will.

EXEMPTING CIRCUMSTANCES

Article 12, Paragraphs 2 and 3

2. A person under nine (9) years of age.

3. A person over nine (9) years of age and under fifteen (15), unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with article 192 of PD 603.

NOTE: On April 28, 2006, Gloria Arroyo signed into law

Republic Act No. 9344 otherwise known as the “JUVENILE JUSTICE and WELFARE ACT OF 2006”. The law became effective on May 21, 2006.

Under RA 9344 minors aged fifteen (15) and below are now absolutely exempt from criminal liability. If a minor above fifteen (15) but below eighteen (18) commits a crime, he is not exempt from criminal liability unless it is shown that he acted with discernment. However, should the minor above fifteen (15) but below eighteen be found guilty, RA 9344 also mandates the Courts to automatically suspend the sentence. In all cases, the minor offender must be referred to the

EXEMPTING CIRCUMSTANCES

Article 12, Paragraph 4 :Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.

Elements:

(a) A person is performing a lawful act (b) With due care

(c) He causes injury to another by mere accident

(d) Without fault or intention of causing it. (People vs.

Vitug, 8 CAR {2s} 905, 909)

ACCIDENT: Something that happens outside the sway of our will, and although it comes through some act of our will, lies beyond the bounds of humanly foreseeable consequences.

EXEMPTING CIRCUMSTANCES

Article 12, Paragraph 5: Any person who acts under the compulsion of an irresistible force.

Elements:

a. The compulsion is by means of physical force. b. The physical force is irresistible.

c. The physical force comes from a third person.

 The irresistible force must produce such an effect upon the individual that, in spite of all resistance, it reduces him to a mere instrument, and as such, incapable of committing a crime. He must act not only without a will, but against his will.

EXEMPTING CIRCUMSTANCES

Article 12, Paragraph 6: Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.

Elements:

a. That the threat which caused the fear is of an evil greater than or at least equal to, that which he is required to

commit.

b. That it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it. (US

vs Elicanal, 35 Phil 209)

• A person is compelled to commit a crime by another, but the compulsion is by means of intimidation or threat,

not by force or violence. (Otherwise, the accused would be liable for Grave Coercion)

EXEMPTING CIRCUMSTANCES

Article 12, Paragraph 7: Any person who fails to perform an act required by law, when prevented by some lawful or insuperable cause.

Elements:

a. An act is required by law to be done. b. A person fails to perform such act/s.

c. The failure to perform the act was due to some lawful or insuperable cause. LAWFUL CAUSE: Privileged Communication Rule – Under the Rules on

Evidence, certain persons in a relationship (such as that between spouses or between an Attorney and his Client) are prohibited from testifying in Court as to any information that the parties received, during the existence of the said

relationship. The information so received is considered privileged

communication, and thus causes a lawful cause to exempt a person from criminal liability should he not divulge the information, even on pain of criminal prosecution.

INSUPERABLE CAUSE: The distance which prevented an officer from

transporting an arrested person to the nearest authorities exempts the officer from liability for a Violation of the provisions of Article 125 of the Revised Penal Code punishing the crime called Delay in the Delivery of the Detained Prisoners to the Proper Judicial Authorities.

CIRCUMSTANCES WHICH MITIGATE CRIMINAL LIABILITY

Classes:

1. Ordinary Mitigating Circumstances: Those enumerated in subsections 1 to 10 of Article 13.

2. Privileged Mitigating Circumstances:

a. Article 68: The penalty to be imposed upon a person under 18 years of age:

nine (9) but under fifteen (15), with discernment – A discretionary penalty is imposed but ALWAYS LOWER by TWO degrees.

Over fifteen (15) and under eighteen (18) – The penalty NEXT

LOWER than that imposed by law, but always in the proper period. b. Article 69: The penalty to be imposed when the crime is not

wholly excusable:

c. Article 64: Rules for the application of penalties with three periods: Determine whether there are present mitigating or aggravating circumstances – Thus: Where there are two (2)

mitigating circumstances without any aggravating circumstances, the penalty NEXT LOWER shall be imposed, according to the number and nature of such circumstance.

d. PRIVILEGED MITIGATING CIRCUMSTANCES applicable only to particular crimes

The following are the Mitigating circumstances:

Article 13, Paragraph 1: Those mentioned in the preceding

chapter, when all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are not attendant

Article 13, Paragraph 2: That the offender is under 18 years of

age or over 70 years. In the case of the minor, he shall be proceeded against in accordance with article 192 of PD 603. This provision contemplates the following:

• An offender over 9 but under 15 years of age who acted with discernment.

• An offender 15 or over but under 18 years of age (Art. 68) • An offender who is over 70 years old.

Article 13, Paragraph 3: That the offender had no intention to

commit so grave a wrong as that committed.

– This is covered by the circumstance referred to as Praeter

MITIGATING CIRCUMSTANCES

Article 13, Paragraph 4:

That

sufficient provocation or threat

on

the part of the offended party

immediately preceded the act.

• PROVOCATION: Any unjust or improper conduct or act of the offended party, capable of exciting, inciting or

irritating any one.

• Requisites:

• That the provocation must be sufficient.

• It must originate from the offended party.

• The provocation must be immediate to the act, i.e., to the commission of the crime by the person who is provoked.

MITIGATING CIRCUMSTANCE

Article 13, Paragraph 5: That the act was

committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, descendants, legitimate or illegitimate or adopted brothers or sisters, or

relatives by affinity within the same degree.

• Requisites:

• That there be a grave offense done to the one committing the felony, his spouse, ascendants,

descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degrees.

• The felony is committed in vindication of such grave offense. A LAPSE OF TIME is allowed between the vindication and the doing of the grave offense.

MITIGATING CIRCUMSTANCE

Article 13, Paragraph 6: That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.

Reason: When there are causes naturally producing in a person

powerful excitement, he loses his reason and self-control, thereby diminishing exercise of his will power. (US vs. Salandanan, 1 Phil

464)

• Passion or obfuscation is mitigating only when the same arose from lawful sentiments. It is NOT mitigating when:

(a) The act is committed in a spirit of lawlessness;

(b) The act is committed in a spirit of revenge.

Requisites:

• There must be an act, both unlawful and sufficient to produce such a condition of mind and

• Said act, which produced the obfuscation, was not far removed from the commission of the crime by a considerable length of time, during which the perpetrator may recover his equanimity.

MITIGATING CIRCUMSTANCE

•

Article 13, Paragraph 7:

That the

offender had voluntarily surrendered

himself to a person in authority or his

agents, or that he had voluntarily

confessed his guilt before the court

prior to the presentation of evidence for

the prosecution.

There are two mitigating circumstances in

this paragraph

:

•

Voluntary surrender to a person in

authority or his agents;

MITIGATING CIRCUMSTANCE

Article 13, Paragraph 8: That the offender is deaf and dumb, blind, or otherwise suffering some physical defect which thus restricts his means of action, defense or communication with his fellow beings.

Article 13, Paragraph 9: Such illness of the offender as would diminish the exercise of the will power of the offender without however depriving him of the

consciousness of his acts.

Requisites:

• The illness of the offender must diminish the exercise of his will power.

• That such illness should not deprive the offender of the consciousness of his acts.

MITIGATING CIRCUMSTANCE

•

Article 13, Paragraph 10:

Any other

circumstance of a similar nature and

analogous to the aforementioned.

This provision authorizes the Court to

consider in favor of the accused ―any other

circumstance of a similar nature and

analogous to those mentioned

‖ , with

reference to the provisions of paragraphs

1 to 9 of Article 13.

AGGRAVATING CIRCUMSTANCES

1.GENERIC: Those that can generally apply to all crimes.

e.g. Dwelling, nighttime, or recidivism

In Article 14, paragraphs 1, 2, 3 (dwelling), 4, 5, 6, 9, 10, 14, 18, 19, 20 except ―by means of motor vehicles‖ are generic.

2. SPECIFIC: Those that apply only to particular crimes.

e.g. Ignominy in crimes against Chastity or cruelty and treachery in

crimes against Persons. Thus, Paragraph 3 (except dwelling), 15, 16, 17, and 21, of Art. 14 are specific.

3. QUALIFYING: Those that change the nature of the crime.

e.g. Alevosia (treachery) or evident premeditation; Article 248 also enumerates the Qualifying Aggravating Circumstances which qualify Homicide to Murder.

4. INHERENT: Those that must of necessity accompany the commission

of the crime. (Art. 62, paragraph 2)

e.g. Evident Premeditation is inherent in Robbery, Theft, Estafa, Adultery and Concubinage.

AGGRAVATING CIRCUMSTANCES

Article 14, Paragraph 1. That advantage be taken by the

offender of his public position.

• The Public Officer MUST use the INFLUENCE, prestige of

ascendancy, which his office gives him as the means by which he realizes his purpose. The Question is: ―Did the accused abuse his office in order to commit the crime?”

Article 14, paragraph 2: That the crime be committed in contempt of or with insult to the public authorities. Requisites:

• The public authority is engaged in the discharge of his duties.

• He who is thus engaged in the exercise of his functions is NOT the person against whom the crime is committed;

• The offender knows of the identity of the public authority.

• The presence had not prevented the offender from committing the criminal act.

AGGRAVATING CIRCUMSTANCE

Article 14, Paragraph 3: That the act be committed with insult or

in disregard of the respect due to the offended party on account of his rank, age, or sex, or it be committed in the dwelling of the offended party, if the latter has not given provocation.

Insult or disregard of respect on account of:

1. The rank of the offended party:

There must be a difference in the social condition of the offender and the offended party.

2. The age of the offended party:

This applies where the victim is of tender age or old age and is not aggravating in Robbery with Homicide or other crimes

against property. 3. Sex:

This is NOT considered:

(a) When the offender acted with passion and obfuscation; (b) When there exists a relationship between the offended party and the offender;

AGGRAVATING CIRCUMSTANCE

• DWELLING: A building or structure exclusively used for rest and comfort. A ―combination house and store‖ or a market stall where the victim slept is NOT a dwelling. And Dwelling should not be understood in the concept of

domicile.

• Evidence must clearly show that the defendant entered the house of the deceased to attack him (People vs.

Manuel, 29 SCRA 337).

• A condition sine qua non is that the offended party ―has not given provocation‖ to the offender.

• Meaning of provocation in the aggravating

circumstance of dwelling – The Provocation must be:

1. Given by the owner of the dwelling; 2. Sufficient and

AGGRAVATING CIRCUMSTANCE

Article 14, Paragraph 4: That the act be committed with (1) abuse of confidence or (2) obvious ungratefulness.

• ABUSE OF CONFIDENCE: Exists only when the

offended party has TRUSTED THE OFFENDER who

later abuses such trust by committing the crime. The abuse of confidence must be a means of facilitating the commission of the crime, the culprit taking advantage of the offended party’s belief that the former would NOT

abuse said confidence.

Requisites:

• The offended party has trusted the offender.

• The offender abused such trust by committing a crime against the offended party.

• The abuse of confidence facilitated the commission of the crime.

AGGRAVATING CIRCUMSTANCE

Article 14, Paragraph 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.

Article 14, Paragraph 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.

• If they concur in one and the same felony, there is only ONE

aggravating circumstance unless the elements are distinctly

perceived and can subsist independently, revealing a greater degree of perversity.

• Nighttime, uninhabited place, and by a band, when aggravating:

1. When it facilitated the commission of the crime;

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

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

• NIGHTTIME: That period of darkness beginning at the end of dusk and ending at dawn. Nights are from sunset to sunrise. (Art. 13, New Civil Code)