crim-1-inigo.doc

THE FRATERNAL ORDER OF ST.THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel REVISED PENAL CODE OF THE PHILIPPINES ACT NO. 3815 AN ACT REVISING THE PENAL CODE OF THE OTHER PENAL LAWS (December 8, 1983) Preliminary Article – This law shall be known as “The Revised Penal Code.” BOOK ONE General provisions regarding the date of enforcement and application of the provision of this code, and regarding the offenses, the persons liable and the penalties. Preliminary Title and application of the provision of this code. Article 1. Time when Act takes effect. — This Code shall take effect on the first day of January, nineteen hundred and thirty two. Criminal law is defined simply as that branch or division in the study of law which defines crimes, treats of their nature, and provides for their punishment. It defines crimes: We are familiar with the Criminal Law axiom nullum crimen , nulla poena sine lege, that there is no crime where there is no law punishing an act or omission as a crime. It tells us what is punishable and what is not punishable. Treats of their nature: Crimes belong to different classes. In Book II alone, crimes are divided or classified into 13 classifications – from Crimes Against National Security and the Laws of Nations, to Quasi-offenses, Crimes Against Honor, etc. And there are many classifications of penalties, like the consummated, attempted, and frustrated, the grave, less grave and the light felony. These are what you call nature of crimes. We are concerned not only of crimes under the Penal Code, but this includes those acts punishable under special laws. So, you must understand the nature of each. Each one has its on special rules to be followed. Provides for their penalty: One of the weaknesses of bar candidates is the law on penalties. They are afraid of computation. But you cannot avoid this because whether you like it or not, the law on penalties is part and parcel of the Revised Penal Code. Question: What are the sources of criminal law? Answer: There are only two known sources of criminal law:  Revised Penal Code (Act 3815), as amended; and ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 1 THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel Special Laws – (Anti-graft; Dangerous Drugs Act, etc.) But actually, if you analyze it, there is only one source, the law itself. Because the Revised Penal Code is the general law; but, definitely common sense would tell us that not all crimes in the Philippines are found in the Revised Penal Code. There are crimes that are found in various special laws.  Question: Why is it that there is only one source of criminal law, because in the final analysis, there is only one source - the law itself? Answer: You back to back in nullum crimen, nulla poena sine lege. There is no crime if there is no law that penalizes an act or omission as a crime. Question: Is there such thing as a common law crime? Answer: There is no such thing as common law crime because law is based on customs and tradition. There is no such thing as crimes by tradition in the Philippines. Tradition or custom itself does not create a crime, but the law itself must provide and penalize an act as a crime. Question: Is the Constitution a source of criminal law? Answer: No, because it does not define “crime”, nor provide penalty. You still have to hear of an information filed in court for the violation of the Constitution. The Constitution is the source of many rights of an accused, but you cannot find any crime defined and penalized in the Constitution. So, theoretically, the Constitution is not a source of criminal law. CHARACTERISTICS OF CRIMINAL LAW: 1. General; 2. Territorial; 3. Prospective Generality: Philippine criminal laws are binding on all persons who live and sojourn in the Philippine territory – when one commits a crime in the Philippines, whether he is a resident citizen, alien, a transient, or tourist, he is subject to prosecution before Philippine courts. That is what you mean by general character of criminal law. Questions: Are there exceptions? Are there people who are in the Philippines who commit criminal act, but are immune? Answer: By way of exception, yes. There are two: 1. Those who are exempt by virtue of the principle of Public International Law. These are the:   Example: Heads of State; and Diplomatic officials ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 2 THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel President Bush went to the Philippines on a state visit, and upon landing in Manila, the first thing he did was to molest somebody. Can he be accused of acts of lasciviousness or rape? No. He cannot even be arrested and charged before our courts because he is a head of state. He is immune. You also cannot arrest anybody who holds a diplomatic rank, whether he be a diplomat of any nation, or an ambassador, ministers plenipotentiary, ministers residents, or charge d’ affairs. These are the people who are exempt. SCHNECKENBURGER vs. MORAN 63 Phil. 250 Held: It is well settled that a consul is not entitled of the privileges and immunities of an ambassador or minister, but is subject to the laws and regulations of the country of which he is accredited. A consul does not represent the political interests. In the absence of a treaty to the contrary, a consul is not exempt from criminal prosecution for violations of the laws of the country where he resides. 2. Those are exempt by virtue of treaties. When the Philippines enters into a treaty with a foreign country and grants immunity from criminal prosecution of its nationals by agreement – the best example of such a treaty was the former USRP Military Bases Agreement where for certain crimes committed in the Philippines by American Servicemen who were discharging their official duties, they could not be charged in Philippine Courts. They could be charged by the United States under their laws. We cannot do anything about that because we agreed to it. That is a treaty. The principle of generality and its exceptions are clearly expressed in the Civil Code of the Philippines which states: ARTICLE 14, CIVIL CODE: Penal laws and those of public security and safety shall be obligatory upon all who live and sojourn in Philippine territory, subject to the principles of public international law and to treaty stipulations. Territoriality: This means that penal laws of the Philippines are enforceable only within its territory. We cannot enforce them outside of the Philippines if the crime was committed outside. PROBLEM: A and B are Filipino citizens. They took a tour on Japan. When they were in the tour, A attacked B in Tokyo, inflicting upon B physical injuries. When B came back here, the first thing he did was to file a case of physical injuries against A, in Philippine courts. Question: Can the Philippine courts try the case of physical injuries, because anyway both parties are residents of the Philippines. ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 3 THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel Answer: No, because even if the crime of physical injuries will be admitted by A, it did not happen here. It happened in Japan. We cannot enforce our Revised Penal Code for the crime committed outside of Philippine territory. Question: What is the difference between generality and territoriality? Answer: They are almost the same. General characteristics, it is enforceable upon everyone who resides or visits or sojourns in the country. Territorial characteristics is enforceable only for crimes committed in the Philippines. They may appear to be overlapping, but there is a slight difference. In general characteristics of criminal law, the emphasis is on the offender, the person who commits the crime, whether he is a reside alien or not, tourist of citizen – the emphasis is the person who commits the crime. But territorial characteristic, the emphasis is upon place only. However, the territorial character of criminal law has known exceptions. Meaning, even if the crime committed is outside Philippine Territory, the offender can still be charged under Philippine laws and tried by our courts, even of the act was not committed here. There are supposed to be five exceptions to the territorial characteristic of criminal law. These exceptions are found in Article 2 of the Revised Penal Code. Prospectivity: This means that crimes are punished under the law in force at the time of their commission. So, if the act becomes a crime today because the law itself fixed it such that it be considered a crime today, you cannot prosecute a person who had done the act yesterday. Criminal law looks forward. That is the general rule. Question: May a penal law be given retroactive effect? Answer: Yes, when a law is more favorable to the accused. An example of such penal statue is if a new law reduces the penalty of your offense. Example: You commit a crime punishable by 5 years imprisonment. Now, there is a new law reducing the penalty of 5 months. Question: Can the offender claim now, that upon conviction is penalty should be 5 months? Answer: Yes, he is covered and he can claim it. ORDOÑEZ vs. VINARO Facts: Somebody was found guilty of selling marijuana. The law in force at the time of the offense was the Dangerous Drugs Act (RA 6425), which penalizes the selling of marijuana with life imprisonment. The convict had been serving sentence since 1986. ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 4 THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel In 1995, RA 7659, or the Heinous Crime Law, was passed amending, among others, RA 6425. This new law provides for a penalty, which depend upon the number of grams or sticks of marijuana that is sold. Insofar as this particular convict is concerned, the law had the effect of reducing his sentence, considering that he sold only two sticks of marijuana. Held: The new law should be given retroactive application because it is favorable to the convict. The Director of Bureau of Prisons was ordered to release the convict from the National Penitentiary. But there are exceptions to the exceptions. Meaning, even if favorable, it will not be given retroactive effect. You then go back to the general rule. 1. If the new law is expressly made inapplicable to pending actions or causes of action. If the law is silent, it should be given retroactive effect if favorable. Supposing the law will say that it is not applicable to pending actions. None, even if it is favorable, it will not be given retroactive effect. Meaning, the law provides for non-retroactivity. That is why such a provision must be express. 2. Where the offender is a habitual delinquent under Article 65, of the Revised Penal Code. CONSTRUCTION OF PENAL LAWS If there is doubt, the doubt is resolved in favor of the accused (doctrine of pro reo), thus, applying the constitutional presumption of innocence. But this rule of construction is applied only where the law is ambiguous, and there is doubt as to its interpretation. Where the law is clear, there is no room for application of this rule. But there is also rule of construction. In the construction or interpretation of the provisions of the Revised Penal Code, the Spanish text is controlling because the Philippine Legislature in its Spanish text approved the Code. This was the language of the lawmakers in expressing the intent of the law. If there is a conflict between the English version and the Spanish version of the Revised Penal Code, the Spanish text shall prevail. PEOPLE vs. MANGULABNAN 99 Phil. 993 Facts: During the robbery in a dwelling house, one of the culprits fired his gun upward in the ceiling, not knowing that the owner of the house was hiding the ceiling. The owner was hit by the slug that passed though it and was killed unintentionally. Article 294 (1) of the Revised Penal Code provides that the crime is robbery with homicide “when by reason or an occasion of the robbery, the crime of homicide shall have been committed”. The Spanish text of the same provision reads: “cuando con motivo o occasion del robo resultare homicido”. ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 5 It was sponsored by Congressman Sergio Apostol. Zaldy Lu. And that was the prevailing law up to the coming of the Americans. So. Although it is different one from the previous drafts. The Americans did not touch the Penal Code and the Civil Code. but the basic structure of the law is the same. The Committee was chaired by Anacleto Diaz. However. During the late 1940’s. 1930 and became effective on January 1. About ten years later. 1932. including in Davao. Jette Roy Sanchez. there was an attempt to redraft the Revised Penal Code (RPC).THE FRATERNAL ORDER OF ST. And in late 1970’s. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. The proposed law was called the Proposed Correctional Code of del Pan. Joji Bernadette Ancog. sometime in 1914. was not passed by Congress. It came to be known as Act 3815. And the government commissioned a Committee. Iñigo & Atty Teodoro V. the then Congress passed another bill – to be called the code of Crimes again. the government created another Committee which was given instructions to revise the Old Penal Code. or the Revised Penal Code. BRIEF HISTORY OF THE REVISED PENAL CODE The Revised Penal Code originated from the old Spanish Penal Code of 1887 which took effect in July 14. They introduced law especially on criminal procedure. however. there was an attempt by the government to change the Old Spanish Penal Code. It was submitted to the Batasang Pambansa but to no avail. Jose Charito Cortez. with the following members:     Quintin Paredes Guillermo Gueverra Alex Reyes Mariano de Joya The committee came out with their draft and the Philippine Legislature passed it into law on December 8. Angel Held: In view of the Spanish text which must prevail. the crime is robbery with homicide supervened by mere accident. which.1887. the draft was never acted up by the Philippine Legislature. ACADCOM 2004: Antoinette Principe. He conducted public hearings. the Revised Penal Code has been effective for 75 years already. but the substantive law remained the same. It has undergone several amendments. the UP Law Center came out with another draft which was also called he Code of Crimes. The committee charged came out with the proposed Code of Crimes. to draft a new law. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Alex Blaise Cunanan. but still remains to be seen whether the bill will be finally enacted into law. Ryan Reyes & Marilou dela Cruz 6 . In 1995. However. chaired by Rafael del Pan. Jerry Catague. That Committee came out with a proposed law to replace the old Penal Code. about criminals/ The Classicist’s Theory: Man is a rational being. That is why the penalty in the RPC on sight physical injuries is not the same penalty as in murder. If you punish murder wit death and punish also physical injuries with death. Otherwise. there must be a disproportion. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. It is called the Traditional Theory because it is the one that is older that the positivist Theory. Alex Blaise Cunanan. The Classical Theory This is the older one. That is the theory of the Classicists and crimes vary. because there are so many factors to consider. Jose Charito Cortez. Zaldy Lu. Whereas. the basic difference between the two theories is on their emphasis. There is a focus of ACADCOM 2004: Antoinette Principe. there is a disproportion. there is the not-so-serious one. Jerry Catague. How did it start? It depends upon the orientation of that country. It has passed the test of time. The Positivist Theory The positivist advocate that we cannot simply consider a crime as permanently governed or continuously governed by laws. we have to take into consideration the environment. Difference: The Classical Theory gives more emphasis upon the ACT committed rather that the actor. the Positivist Theory gives more emphasis on the ACTOR rather than the act. the social conditioning of persons and therefore it is wrong to simply fix a predetermined penalty for a crime. he must prepare himself for the consequences of what he did. Joji Bernadette Ancog. If he commits a crime. What we should remember here are the basic principles underlying the Classical Theory. such as murder. he assumes he knows that he is wrong. Jette Roy Sanchez. What to Classicists advocate? What do they say about crimes. THEORIES UNDERLYING THE REVISED PENAL CODE Every country in the world has its system of penology. Angel In other words. Every country has its own theory of what is a crime. it is a very durable law. which is a more modern thought. There should be a mechanical proportion between the crime and the penalty. Since he knew that it was wrong. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. there are two basic schools of thought or theories underlying Criminal Law. Meaning. and there are slight ones. There us a serious one. Ryan Reyes & Marilou dela Cruz 7 . At least. But it is admitted that in criminal jurisprudence anywhere in the world.THE FRATERNAL ORDER OF ST. he can distinguish right from wrong. there have been several attempts to amend or replace the RPC for the past 75 years. If he is a rational being. its atmosphere. Only a portion of the sea is considered as Philippine Territory. Question: What is the accepted radius? ACADCOM 2004: Antoinette Principe. they still adhered to the structure of the Spanish Penal Code. While being public officers or employees. Should commit any of the crimes against national security and the law of nations. The phrase except as provided in treaties or laws of preferential application. 4. revised. During that time. Jerry Catague. Alex Blaise Cunanan. Certain Positivist provisions were inserted. Jose Charito Cortez. That is why our RPC is still the Classical Theory. But they were cautious. 2. The framers of the RPC had the complete authority to throw away the Spanish Penal Code. The focus on Classical Theory is on WHAT HE DID rather than the actor. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. the space above it. There were certain changes introduced by the RPC. Art. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. the RPC is binding on all who live and sojourn in the Philippines. There is only a certain limit in territorial waters. defined in Title One of Book Two of this Code. They came basically with the Spanish Penal Code. necessarily our RPC is based on the Classical Theory of Criminal Law. or 5. Question: Upon which of these two schools of thought is the RPC based? Answer: The RPC is almost 80% reproduction of the Penal Code of Spain. Application of its provisions. Meaning. Question: What does “Philippine Territory” cover? Answer: The first paragraph of the RPC in Article 2 expresses the Territorial Principle: “Philippine territory” comprises the Philippine Archipelago.THE FRATERNAL ORDER OF ST. These are all parts of public international law. Zaldy Lu. These are so called Exceptions to the General Characteristics of Criminal Law. should commit an offense in the exercise of their functions. 3. Should commit an offense while on a Philippine ship or airship 2. because laws of preferential application. That is beyond the territory of any country. against those who: 1. the provisions of this Code shall be enforced not only within the Philippine Archipelago. Ryan Reyes & Marilou dela Cruz 8 . including its atmosphere. Angel attention on the DOER rather than on what he did. Jette Roy Sanchez. Iñigo & Atty Teodoro V. — Except as provided in the treaties and laws of preferential application. they were not prepared. except people who are not covered by the RPC due to treaty stipulations. Joji Bernadette Ancog. subject to the aviation rights of other countries. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number. its interior waters and maritime zone. Since the Spanish Penal Code is based on the Classical Theory. So. but also outside of its jurisdiction. the concept of outer space is not yet recognized. when RPC may be given extraterritorial effect. A ship or airship. So. PROBLEM: Mr. Jette Roy Sanchez. They cannot be enforced outside. That is Philippine Territory. As a general rule. the reason is not based of the opening paragraph of Article 2. Joji Bernadette Ancog. If the crime is committed aboard that plane. A. Should commit an offense while on a Philippine ship or airship The term “airship” instead of “airplane” was used because at the time of the drafting of the RPC. there were no commercial planes yet. such as the Spratlys. That is what they mean by the term ‘airship”. Angel Answer: It used to be three miles. That might become source of war. which is of Philippine registry. China. It also covers the Economic Zone. is considered as Philippine territory. Sasa is not yet outside of Philippine territory. Question: Are the provisions of the RPC applicable? Answer: Yes. What gives jurisdiction to the Philippines is not the fact that crime was committed on board a Philippine ship under paragraph 1. Iñigo & Atty Teodoro V. Taiwan are also claiming it. The plane is flying in the middle of the atmosphere over the Pacific Ocean. Jose Charito Cortez. Jerry Catague. because it falls under the exception. Even if it is outside of the Philippine Territory. Vietnam. because the crime was committed in Philippine territory. The means of transportation then were the dirigibles.THE FRATERNAL ORDER OF ST. while on board a Philippine vessel anchored at the Davao Guld in Sasa. between the united States and the Philippines. commits a crime against Mr. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. then it became six. That is an exception also. This is one of the instances. because the crime was committed on board a Philippine vessel. B on board that vessel. paragraph 2 refers to a ship already outside of the Philippine territory. those that look like ballons (the Lindenburg of American accident fame). Alex Blaise Cunanan. That is not part of its economic zone. it is twelve miles. There are five exceptions to the territorial character of Criminal Law. but because of the fact that it was committed in Philippine Territory. does Philippine law apply? Yes. The same thing with airplanes. Question: What is Paragraph 1? Answer: That is when the ship is outside the Philippines. the crime is traible in the Philippines. the RPC and the other Penal Laws can only be enforced within Philippine Territory. because the crime was committed within the Philippine territorial waters. ACADCOM 2004: Antoinette Principe. This is one of the instances when RPC may be given extraterritorial effect. IF the problem says that the ship is in the middle of Pacific Ocean. Question: When may the provisions of the RPC be enforced outside Philippine Territory? What are the exceptions to the territorial nature of the RPC? In what instances may the provisions of the RPC be given EXTRATERITORIAL effect? Answer: 1. Now. So. Zaldy Lu. Ryan Reyes & Marilou dela Cruz 9 . it falls under the exception. That is covered by the opening paragraph. THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel We have no problem if the crime is committed on board a Philippine ship or airplane, while outside of the Philippines, flying or sailing, as the case may be, in international waters or airspace. The problem comes in if the crime is committed on board a Philippine ship outside the Philippines where it is anchored and it is under the territory of another country. Question: Suppose, a Japanese vessel is in the middle of the Pacific Ocean, and a Japanese crewmember killed another Japanese crewmember. Whose law shall be applied on the prosecution of crime? Answer: I do not know, and I do not care. It did not happen in our territory. It did not happen in our ship or airship. Presumable, it is the Japanese law, but I do not know the Japanese law. But if a Philippine ship was in the middle of the Pacific Ocean and a crime was committed on board it, no country will assume any interest there. Question: Was it committed in the Philippine territory? Answer: Of course not, the crime took place while the vessel was in the middle of the Pacific Ocean. Question: Can the crime be tried in the Philippines? Answer: Yes, because of Article 2(1). The crime was committed outside Philippine territory, but on board a Philippine ship. But the problem in paragraph 1 comes in when the crime is committed on board a Philippine ship while the same is in the territory of another country. For example: While a Philippine ship is anchored in Tokyo Bay, or a PAL plane is about to land at the Narita Airport in Tokyo, a passenger killed another passenger. Questions: Where will the crime be tried? Suppose the Philippine would say, “we should try this here in the Philippines because the crime took place on board of a Philippine ship or airship’. Is that correct? Answer: Yes, based on Article 2(1). But suppose Japan would say, “No, the crime is triable by our courts because it was committed in Japanese territory. That is also correct. How do you resolve that issue? Both sides have legal issue. That kind of problem has been in existence for hundreds of years now. That is why it gave rise to two sets of rules: 1. The English Rule 2. The French Rule The English Rule This holds the view that a crime is committed on board a foreign vessel while that vessel is in the territory of another country, the crime shall be tried under the law of the territory where it is committed. ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 10 THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel Except when the crime is minor, something which affects or involves only the internal management of the vessels, in which case, it would be tried in the country under whose flag the vessel navigates or where it is registered. The French Rule It came out an opposite view. The French believe that if a crime is committed on board a foreign vessel while the same is anchored in another country, the crime should be tried not in that country, but in the home state of the vessel. Except if it affects the peace, security, and safety of the territory where the crime was committed, in which case it should be tried here. So, the only difference is that the English Rule makes the territorial principle of criminal law as the general rule and the extraterritorial principle as the exception, whereas the French Rule holds opposite view. It is actually a set of inverse rules because of the fact that what the general rule is there is an exception, which is the general rule in the other. It is actually the same dog with the collar at different ends, depending upon who put it. Question: Which rule is followed in the Philippines? Answer: According to the old case of US vs. BULL (15 Phil. 14), the Supreme Court said that we adhere to the English Rule. However, based on the public international law, these vessels should be MERCHANT VESSELS. This is not applicable to warships because warships are considered extensions of the territory of the mother state wherever it may be. Example: A ship of an enemy is in the Philippine waters, and a crime is committed. The English Rule cannot be applied. The navy vessel in the country is not subject of the laws of a foreign sovereign. 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; tickets. The second exception applies also to government bonds, treasury warrants, and sweepstakes Example: You are responsible for counterfeiting Philippine money abroad. Every week you fly to the Philippines, and then you are caught. You say you cannot be charged under Philippine laws because you say you counterfeited currency, but not in Philippine territory. That will not prosper! You can be arrested as if you committed the crime here. That constitutes economic sabotage, so we can try the crime in our courts as if the crime was committed in Philippine territory. ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 11 THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number; The third exception is related to the second. You may not be the forger or counterfeiter, but you are the importer into the Philippines of these forged or counterfeited currencies and securities. So, you are liable for the introduction of the same in the Philippines. 4. While being public officers or employees, should commit an offense in the exercise of their functions; or This applies more particularly to those in the foreign service because the offender here is a public officer who commits a crime in the exercise of his function. For example, officers of the Philippine Embassy and Consulate malversed government funds of the embassy. Question: Does it mean that every crime committed abroad by these officers can be tried here? Answer: No, only those committed in the exercise of their function. Meaning, the acts were related to their jobs – where the element of being public officer is an essential ingredient. If you commit an offense which is purely private and it has nothing to do with your being a public officer, it is not covered. These crimes here are those under the Title of Crimes Against Public Office – malversation, bribery or crimes committed under the Anti-Graft Act. 5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code. Example of a crime against national security: treason, espionage. A Filipino citizen, during the war, commits an act of treason while he is abroad. After the war, he goes back to the Philippines. He can be arrested for that crime even if the crime was not committed here because that is against national security of the state. Example of crimes against the laws of nations: piracy, mutiny. A group of pirates committed piracy in Indonesia. That is clearly outside Philippine territory. But the pirates are apprehended in Philippine waters. They can be charged under Philippine law. They cannot say the act of piracy was committed beyond Philippine territory, that they committed it in Indonesia. Piracy is a crime against the laws of nations and the offenders can be apprehended and tried under the law of the country where they are caught. ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 12 THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel Title One FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY Chapter One FELONIES Art. 3. Definitions. — Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only be 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. According to this article, felonies are acts and omissions punishable by law. But that is not the complete definition. That is only one-third of the definition. The concept of felony covers the entire Article 3. It is not limited only to the first paragraph. You have to incorporate the entire Article 3. Question: How do you rephrase that? Answer: Felonies are acts and omissions punishable by law which can be committed not only be means of deceit (dolo) act is committed with deliberate intent or by means of fault (culpa) when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. That is the complete definition. Question: What are the elements of felony? Answer: Elements of Felony: (Atty. Angel’s Note) 1. Involves an act or omission. 2. Punishable by RPC. 3. Committed by either dolo or culpa. 1. Act or omission Question: Define an “act”. Answer: An act is a physical movement, a physical activity of human body which tends to influence the outside world. Practically, 90% of all felonies are done through physical act. How do you kill? By shooting or stabbing. These should involve some movements of muscles. How about oral defamation? There is still the movement of your tongue; the muscles of your throat are working when you utter defamatory words. So, you cannot kill somebody by simple sitting on the bench and stare at somebody. It’s impossible even with dagger looks! ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 13 THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel Question: Define “omission”. Answer: This is the opposite. Omission is defined as inaction; the exact opposite of action. In omission, it is the other way around .The failure to do a positive duty which the law commands to be done. So, to say that there is no crime when there is no movement is wrong. You may be prosecuted not by doing something but by failing to act. But omissions are the minority. Majority of felonies are done through actions. Among the most famous ones us Misprision of Treason under Article 116 of the RPC; if you have to knowledge of any conspiracy, you have to report it. Art. 116. Misprision of treason. — Every person owing allegiance to (the United States) the Government of the Philippine Islands, without being a foreigner, and having knowledge of any conspiracy against them, conceals or does not disclose and make known the same, as soon as possible to the governor or fiscal of the province, or the mayor or fiscal of the city in which he resides, as the case may be, shall be punished as an accessory to the crime of treason. If you find a person dying in the middle of the forest, then you just left him there, you are liable under Article 275 for abandonment of persons in danger. Normally, you are liable for not doing. The Chinese proverb (Too much talk, too many mistakes. Less talk, less mistake. No talk, no mistake) is the general rule, but not in felony of omission. You have to do something. Question: Based on paragraph 1, classify felonies. Answer: a. Felonies by act; b. Felonies by omission. 2. The act or omission must be punishable by law or RPC. Question: What is the principle here? Answer: No matter how bad, no matter how condemnable, immoral or atrocious an act or omission is, if there be no law penalizing it, there is no crime. The solution is to write to your congressman and ask him to pass law. The Latin Maxim is “nullum crimen, nulla poena sine lege”. That must be first a law penalizing it. You cannot convict a person for a crime which does not exist in the RPC. There is no crime if there is no law making it a crime. Question: How many laws are there which penalize crimes? Answer: There are so many. Generally, there is RPC. Illegal possession of firearms is punishable by PD 8066. Smoking or selling marijuana is punishable my Dangerous Drugs Act; drinking liquor on Election Day is punishable by Omnibus Election Code. Issuing a bouncing check is penalized under BP 22, etc. Question: Are these illegal possessions of firearms, smoking or selling marijuana, etc., are felonies? Answer: No, because they are not punishable by RPC. They are punishable under special laws. ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 14 a robbery or hold-up. there is also deceit. 3. Deceit is a form of dolo but not every dolo constitutes deceit. there must be intent. When you kill somebody. That would be the more accurate way. There is a presumption in law that criminal intent is presumed from the commission of a criminal act. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. For example. For example. But how do you prove intent? For example: When you kill somebody. Jose Charito Cortez. But there are felonies where there is no deceit. If you say murder is a crime that is correct because the term is used in its generic sense. because it refers to all acts or omissions punishable by any law. the law presumes intent to kill. there are two types of felonies:  Intentional felonies  Culpable felonies Another classification are (based of the first element of felony):  Felonies by act  Felonies by omission Question: Intent is in the mind. how come the law says felonies are committed by means of either deceit or fault? Answer: Because deceit is a wrong translation of the word “dolo”. but there is no deceit. you must be a law student. Joji Bernadette Ancog. The better translation for the Spanish word “dolo” is intent.e. so you issue check which you know will bounce because there is no fund for it. i. Question: Is there difference between crime and a felony? Answer: The word “crime” is generic. But the more accurate term for acts or omissions by the RPC are “felonies”. Based on the third element. But when you say murder is a felony. “Felony” is a technical term. because it is not found in the RPC. You are expected to know the meaning of the word felony. Iñigo & Atty Teodoro V. For example. It cannot be felony. you run out of cash. Those punished by special laws are called “crimes” or “offenses”. There is intimidation and intent to gain but there is no deceit. Those punishable by ordinance are called infraction of ordinance. When you say “deceit” it means you were fooled. Zaldy Lu. A better way of expressing it is: “Felonies are acts and omissions punishable by the RPC”. There is no intent but is substituted by lack of foresight or lack of skill. There is deceit (dolo) or fault (culpa). When you ACADCOM 2004: Antoinette Principe. Ryan Reyes & Marilou dela Cruz 15 . “Culpa” means fault – when there is negligence or importance. There is deceit there. Even the RPC uses the word “crime” to refer to felonies of Book Two in Crimes Against National Security. if you say that issuing a bouncing check is a felony you do not know what you are talking about. Give me your money or else I’ll kill you. Alex Blaise Cunanan. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. In estafa. On the other hand. murder. There is a felony. Question: If there are many crimes where there is no deceit.THE FRATERNAL ORDER OF ST. Angel So Article 3 says punishable by law. Jette Roy Sanchez. how do you prove that you have the intent to kill? Answer: There is no need to prove it. Jerry Catague. So. it refers to RPC only. instead of deceit. Jette Roy Sanchez. Joji Bernadette Ancog. Angel divest somebody of his money in a robbery or theft. it is presumed that he did it knowingly. while intent the purpose to use a particular means to achieve a particular result. But the presumption could be rebutted. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. his criminal intent is presume from his commission of a criminal act. etc. Otherwise. it should be very difficult for the prosecution to be required to prove criminal intent.THE FRATERNAL ORDER OF ST. the law presumes that there is intent to gain. Motive is important. jealousy. PEOPLE vs. not in substantive law. Motive is the moving power that impels a person to commit a crime. Motive may constitute circumstantial evidence. so that when he commits a criminal act. because how can the prosecution prove what is in the mind of person? So. it need not be proved for purposes of conviction. Without such presumption. what is in the mind is judged by your actions. Hence. the reason for committing the crime becomes completely immaterial. it is not necessary to prove motive because in that case. Answer: Both are in the mind. many criminals will not be prosecuted. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. if you have no direct evidence that A killed B. Question: What was the motive of A in killing B? Answer: I don’t give a damn. it is not an element of the crime. Ryan Reyes & Marilou dela Cruz 16 . Meaning. motive is immaterial. Iñigo & Atty Teodoro V. When the commission of a crime is proved and the identity of the criminal is established. revenge. Question: Why is there such a presumption? Answer: Because of the Classical Theory of criminal law that man is a rational being. Alex Blaise Cunanan. In the realm of criminal law – substantive law – motive is immaterial. Zaldy Lu. So motive is important to prove the probability that A is the criminal. I will gather a series of possible reasons to show why A is guilty. but in procedural law – the law on Evidence. MOSENDE 228 SCRA 341 ACADCOM 2004: Antoinette Principe. if we were to require motive to be an element of a crime. but it is not important to prove the existence of a crime. Question: What was the intent of A? Answer: His intent was to kill. Question: Distinguish “motive” from “intent”. It is fair enough. Jerry Catague. But if you have hundred witnesses. Jose Charito Cortez. While criminal intent is an element of a felony. Maybe it is anger. Example: A shoots B to death. and therefore. motive is completely immaterial. especially to penologist. Question: Why does the law penalize people who commit culpable felonies. criminal psychiatrists or social scientists. This is immaterial. when actually there was no criminal intent? Answer: Because he is penalize people for his lack of skill. Example: A motorist drove his car at a speed of 100 kph in the middle of San Pedro St. ACADCOM 2004: Antoinette Principe. Suppose he bumps somebody. But for purposes of getting a conviction. or social scientists. Question: Can a person be held criminally liable under the RPC even if he has no criminal intent? Answer: Yes. Negligence refers to deficiency of perception. That is normal – for incidents as that to happen. Why is he driving at a very fast jeep in a busy street? Question: What is the test of negligence? Answer: The test is the failure to foresee what any ordinary person would have ordinarily done. Jose Charito Cortez. where the evidence otherwise persuasively demonstrates who is the killer and the acts by which he has carried out nefarious intent. In other words. Imprudence means deficiency of action. Society will be at great risk if people can be careless anytime. Jerry Catague. it is very dangerous if a person can get away with a criminal act simply because he did not have the intent.THE FRATERNAL ORDER OF ST. Iñigo & Atty Teodoro V. Joji Bernadette Ancog. Ryan Reyes & Marilou dela Cruz 17 . motive would be a subject of penologist. criminal psychologist. lack of skill. According to the Supreme Court. it is completely immaterial for as long as there is evidence to prove that the crime was committed and it was the accused who committed it. the failure to foresee what a reasonable man ought to foresee. Culpable felonies are known under Article 365 as QUASI-OFFENSES. Question: What is the test of imprudence? Answer: The failure to do what any ordinary person would have ordinarily done. Meaning. But there must be something wrong in his foresight. if it is committed by means of fault or culpa which is substituted for intent. lack of foresight. But it is immaterial in reaching a conclusion of guilt and imposing an appropriate penalty on the basis of a cold dispassionate appraisal of the bare facts exposed by the evidence. There is no criminal intent but is substituted by fault – imprudence or negligence. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Alex Blaise Cunanan. Zaldy Lu. Angel No motive or reason for the killing here dealt with as reveled by the proofs. This is not that what lies in the murky criminal mind is not interest. Jette Roy Sanchez. Under these two circumstances. the act ceases to be voluntary. there is intelligence.THE FRATERNAL ORDER OF ST. What happens is that person is again free from criminal liability. but if there is no freedom of action. US vs. the following: a. Jose Charito Cortez. Example: Article 12 – one who acts under the compulsion of an irresistible force. threatened or intimidated to commit the crime. the elements of voluntariness are: a. factus non est meus actus. Ryan Reyes & Marilou dela Cruz 18 . Intelligence c. Fearing that the intruder is a robber. Zaldy Lu. So. intelligent and intentional. He called out twice. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Alex Blaise Cunanan. Freedom of Action b. When you remove one of these elements. but if there is no freedom. He was afraid of bad elements. Intelligence c. I will kill you!” But at that precise moment. the offender acts with intelligence and intent. It is true that criminal intent is presumed. “ Who is there?” but received no answer. AH CHONG 35 PHIL 488 Facts: Ah Chong was a cook in Fort McKinley. he is exempt from criminal liability because the act ceases to be voluntary. Question: What are the elements of voluntariness in an intentional felony? Answer: There must be. Jerry Catague. Jette Roy Sanchez. a minor under 9 years of age. one who acts under the impulse of an uncontrollable fear of an equal or greater injury. Fault or negligence Question: What do you mean by voluntary act in felony? Answer: It is an act which is free. Freedom b. One evening before going to bed. as he is only forced. Angel Another important principle: when the law says there must be criminal intent or fault. There is Latin maxim: actus me unvito. Intent Question: How about in a culpable felony? Answer: In a culpable felony. on the part of the actor. the act ceases to be voluntary. he locked himself in his room by placing a chair against the door. what it means is the act must be committed voluntarily. The act ceases to be voluntary. For example: Article 12 – an imbecile or insane person. there is intent but no intelligence – it has same effect. As it is done against my will. it is rebuttable. Suppose there is freedom. but there is no intent. it is not my act. but such presumption is not conclusive. There might be intelligent and intent. he was struck by the ACADCOM 2004: Antoinette Principe. If there is freedom. Every felony must be committed voluntarily. Iñigo & Atty Teodoro V. he leaped from his bed and called out again “if you will enter my room. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Joji Bernadette Ancog. Is he liable? Answer: Of course not! Because of self-defense. Joji Bernadette Ancog. criminally liable because he did not act with criminal intent. ACADCOM 2004: Antoinette Principe. Ryan Reyes & Marilou dela Cruz 19 . and believing that he was being attacked. Angel chair that had been placed against the door. he had to kill him first. Question: Suppose what he believed turned out to be true. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Question: What was the intention of Ah Chong in killing that man? Answer: The intention was lawful – the act in self-defense. Mistake of Fact – is a misapprehension of fact on the part of the person who caused injury to another. Meaning if you believe it to be so true. Question: What is the reason why Ah Chong killed the intruder? Answer: Ah Chong killed the intruder because he believed that the intruder was inside his room in the dark to kill him and therefore. it was dark. That the mistake must be without fault or carelessness on the part of the accused. Jose Charito Cortez. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Held: Ah Chong is not liable for the death of his roommate because of mistake in fact. however. Iñigo & Atty Teodoro V. b. Question: Was he careless? Did he just immediately stab the person when the latter entered the room? Answer: No. so how can he determine the intruder was his roommate or not. he seized a kitchen knife and struck and fatally wounded the intruder turned out to be his roommate. That the act done would have been lawful had the facts been or turned out as he believe them to be. but he kills him first. you are not liable. an intruder in the middle of the night enters his room to kill him. Zaldy Lu. Moreover. So. c. in fact Ah Chong asked who he was and even gave him warnings not to enter the room or else Ah Chong would kill him. Jette Roy Sanchez. In other words. Requisites of Mistake of Fact a. Alex Blaise Cunanan. He is not. Jerry Catague. That the intention of the accused in performing the act should be lawful.THE FRATERNAL ORDER OF ST. to protect his life and limb. the first element is there. the element of intent and culpa were all negated. The Ah Chong case does not apply here. Ryan Reyes & Marilou dela Cruz 20 . intent is not necessary. Alex Blaise Cunanan. Zaldy Lu. Question: Was there fault or negligence on their part? Answer: Of course! They did not even bother to discover his identity – whether the guy was the right person. It was not necessary for them to shoot him down immediately. then there is still intelligence. If you are reckless. a notorious criminal and escaped convict. Question: How does Article 365 define imprudence? ACADCOM 2004: Antoinette Principe. it is not correct to say that in reckless imprudence case. The element being still freedom. They just started shooting him. The first requisite of fact is lacking – that the act done would have been lawful had the facts been as the accused believed them to be. even culpable felonies. Jose Charito Cortez.THE FRATERNAL ORDER OF ST. Angel That is the classic example of mistake of fact. Jerry Catague. So. do they have the authority under the law to shoot him down? Even if they invoke the mitigating circmstance of fulfillment of duty. reasonable force. OANIS 76 PHIL 257 Facts: Chief of Polis Oanis and his co-accused. were you forced to be reckless? Did somebody compel you to perform a negligent act? If there is none. the elements of voluntariness are still there. that is the difference between these two cases. the law says. the act is not voluntary. if they can be caught without killing them. Jette Roy Sanchez. While ignorance of the law excuses no one from compliance therewith. Proceeding to the suspected house. then there is freedom. you ask yourself. The victim turned out to be an innocent man. and not the wanted criminal. PEOPLE vs. and if overpowered to get him dead or alive. During the trail. then there is no need to shoot them to death. Assuming it was the wanted criminal that they were ordered to apprehend. the accused invoke the Ah Chong case. however. Joji Bernadette Ancog. Even hardened criminals. Corporal Galanta were under instructions to arrest one Balagtas. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. they went into a room and seeing a man sleeping with his back towards the door. In other words. Held: Both accused are guilty of murder. Iñigo & Atty Teodoro V. it will not be appreciated in their favor because although they are authorized to use force in order to affect the arrest. The act is not criminal when the mind is not criminal. Tecson. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. the law still requires voluntariness on the part of the offender in a culpable felony. Another maxim Ignorantia facti excusat (mistake of fact is an excuse) is not to be confused with the Ignorantia legis non excusat. ignorance or mistake of fact relieves the accused from criminal liability. intelligence and negligence. So. While it is true that culpable felony. Were you crazy or out of mind when you committed the crime? If you were not. And the Latin maxim there is Actus no facit reum nist mens sit rae. They are not only crimes under our laws. Jette Roy Sanchez. Even without the RPC. They are wrong per se. Alex Blaise Cunanan. Examples of these are illegal possession of firearms. but they go against natural law. refers to acts or omissions made criminal by special laws. Even without knowing the law. you will see that in reckless imprudence cases.THE FRATERNAL ORDER OF ST. If the crime for which he is caused is classified as a crime malum prohibitum. Iñigo & Atty Teodoro V. However. not because it is immoral. Question: Can a person be held criminally liable under Philippine law even if there is no criminal intent on his part? Answer: Yes: 1. there. It is wrong because it is prohibited. So. you conscience would tell you that there is something wrong with these crimes. Ryan Reyes & Marilou dela Cruz 21 . homicide. When the felony is classified as culpable in nature. these are also crimes which are NOT inherently wrong – mala prohibita. Example of crimes mala in se are murder. Criminal intent is necessary. violations of traffic rules. With or without the RPC. Distinguish mala in se and mala prohibita MALA IN SE MALA PROHIBITA Crimes so serious in their effects to society as to call for unanimous condemnation to its members. robs or rapes somebody. refers to those act or omission punished by the RPC. the human conscience will tell us that there is something wrong when a person kills. the basis commandments of God. Question: Is there anything wrong when a person drinks a bottle of beer during election day? ACADCOM 2004: Antoinette Principe. society could not accept these evils. Generally. Jerry Catague. Question: Is there anything inherently immoral when a person brings a gun with him? Answer: One may posses or own a firearm without license because the law says so. Jose Charito Cortez. They are wrong only because they are prohibited. Angel Answer: Article 365 defines reckless imprudence as voluntarily but without malice in doing or failing to do an act. like reckless imprudence. Criminal intent is immaterial because the only inquiry is: has the law been violated? Generally. and 2. there is no dolo. Zaldy Lu. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. robbery or rape. but still the act must be voluntary. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. They are violations of mere rules of convenience enacted by the state for the proper and orderly administration of society. Joji Bernadette Ancog. Violations of mere rules of convenience designed to secure a more orderly regulation of the affairs of society. Jose Charito Cortez. That is all. Ryan Reyes & Marilou dela Cruz 22 . he has no criminal intent to terrorize voters. The law says that the above act is violation. Meaning.THE FRATERNAL ORDER OF ST. Suppose B drinks on Election Day. it becomes a crime because the law says so. Angel Answer: None. Alex Blaise Cunanan. It says one drink on any other day. on that day. Jette Roy Sanchez. Zaldy Lu. Joji Bernadette Ancog. added to electoral terrorism. but not on Election Day. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. The only issue is whether or not the law was violated. Iñigo & Atty Teodoro V. ACADCOM 2004: Antoinette Principe. Jerry Catague. but he has no intention of committing acts of violence or terrorism. This is immaterial. Question: Why are people prohibited from drinking on election day? Answer: People are prohibited from drinking on election day because this may lead to more violence. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Jerry Catague. and A died. Aberratio ictus – mistake in blow 3. Alex Blaise Cunanan. He just misidentified the victim. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. 2. But the wrongful act is different from which he intended. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. By any person committing a felony (delito) although the wrongful act done be different from that which he intended. Ryan Reyes & Marilou dela Cruz 23 . — Criminal liability shall be incurred: 1. Error in personae – error in identity 2. A found out that the person he attacked was not actually B. ACADCOM 2004: Antoinette Principe. B’s intent was to kill A. when he thought he saw B coming. Does he incur criminal liability? Answer: Of course! But this is not mentioned in Article 4 which says “the wrongful act done be different from which he intended. he decided to ambush B in the dark. there was really intent. But why is B liable when it is not covered by Article 4? Answer: Article 4 enumerates only the EXTRAORDINARY manner of committing a crime or incurring criminal liability. For example. One incurs criminal liability even if his intention is different from what actually happened. It cannot apply to felonies by omission because the wrongful act had done be different from that which he intended.THE FRATERNAL ORDER OF ST. Question: Suppose a person commits felony and the wrongful act done is precisely what he intended. That is why it is extraordinary. and that is what Article 4 covers. Criminal liability. he killed the wrong guy. that is not normal. Of course. Zaldy Lu. Iñigo & Atty Teodoro V. It has no application to culpable felonies. Question: How can a person commit a felony and the wrongful act done is different from that which he intended? Answer: There are three situations contemplated by Article 4 (1): 1. it is also limited to intentional felonies. Jose Charito Cortez. were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means. That does not happen everyday. Therefore. A waited for B. Question. 4. Joji Bernadette Ancog. and b is very much alive. The ordinary way is to commit a felony and the wrongful act done was precisely what you intended. Jette Roy Sanchez. B aimed his gun towards A and shoots him. A will be prosecuted for death of X. the first paragraph of Article 4 applies only to felonies by act. Praeter Intentionem – the result exceeded the intention. A attacked and killed B. Angel Art. So. You will notice that based on that definition. Later on. Error in Personae A wants to kill B so. By any person performing an act which would be an offense against persons or property. B kills A. One night. it was really the intention of B to kill A. Here. but X. This is A’s defense: he should not be liable for the death of X because he (A) did not intended to kill X . Aberratio Ictus This is not mistake in identity. US vs. Angel Question: Is that a valid defense? Answer: Of course not! A is still liable for the death of X because although there was a mistake identity of the victim. although he (A) did not even intended to kill him? Answer: Yes.THE FRATERNAL ORDER OF ST. the intended victim is not the person hit. A is liable for the felony although it was not the one he intended. His intention was merely to inflict upon B physical injuries. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. So in error in personae. PEOPLE vs. physical injuries. Jose Charito Cortez. although his intention was merely to inflict upon B. pointed to B and fired at him. on the other hand. A had no intention of killing B. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Jette Roy Sanchez. A’s defense is that X was not the intended victim. because of the first blow. It is conceded that under Article 13. Praeter Intentionem The result exceeded the intention. But that is beside the point. Issue: Is A liable for homicide although his intended felony was only physical injuries? Held: A is liable for homicide. A drew his gun. But B died. Question: Is A liable for the death of X. Instead. killing the latter. because of faulty aim. but a mistake in the blow. B fell on the floor. Alex Blaise Cunanan. Iñigo & Atty Teodoro V. CAGOCO 58 Phil 524 Facts: The accused had the intention to inflict physical injuries upon the person of B. he still had the intention to kill. VALDEZ 41 Phil 497 ACADCOM 2004: Antoinette Principe. But the bullet did not hit B. there is a correct aim but the actual victim turned out to be a person different from the intended victim. Jerry Catague. Approaching B. It fractured his skull and thus caused his death. That defense will not hold any water. B’s head hit the rock. he is entitled to the mitigating circumstance that the offended did not intend to commit so grave a wrong as that committed. accused hit him with his fist. the bullet hit X. Zaldy Lu. A wanted to kill B. Ryan Reyes & Marilou dela Cruz 24 . Joji Bernadette Ancog. In aberration ictus. The issue here is whether the crime he committed is homicide or only slight physical injuries. For example. Prosecuted for the death of X. PEOPLE vs. QUIAMSON 62 Phil 162 The accused inflicted wounds upon B. Issue: Is the accused liable for serious physical injuries? Held: Yes. Then he started removing the bandages on his wounds. Accused said that the death of B was not due to his fault. Alex Blaise Cunanan. Issue: Is the accused liable for the drowning of the victim? Held: Yes. logical and natural consequences of his criminal act. Zaldy Lu. which eventually caused her death. the wife suffered a heart attack. While being strangled by the husband. So. and the injury became worse. MARASIGAN 27 Phil 504 Facts: The victim here was stabbed. but B was brought to the hospital. Jette Roy Sanchez. Jerry Catague. the wound got infected. Because of his refusal to submit to medical treatment. so he was saved. B died. because the victim’s serious physical injury arose from his refusal to see the doctor. Accused claimed he should be liable for slight physical injuries. The accused was charged with serious physical injuries. MARTIN 98 Phil 18 The husband strangled his wife who was then suffering from heart disease. Iñigo & Atty Teodoro V. the cause of his wife’s death was not suffocation but heart attack. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. committing a felony. is liable for the direct. Jose Charito Cortez. the accused is still liable for the serious physical injuries inflicted upon the victim although it was not intended. Slight physical injuries became serious physical injuries. which disabled the victim. while in the hospital bed. US vs. (Note: Parricide) A person. The victim was restless. PEOPLE vs. Joji Bernadette Ancog. But the court still held the accused liable for the death of B. The latter jumped into the sea and eventually was drowned. Eventually. In the hospital. The accused stabbed B. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. It was his voluntary act. Angel Facts: The accused chased the victim with a knife causing the victim to panic and run. The court held that the husband is still liable for the death of his wife.THE FRATERNAL ORDER OF ST. and he must abide by the consequences resulting therefrom. ACADCOM 2004: Antoinette Principe. Ryan Reyes & Marilou dela Cruz 25 . The victim was not obliged to submit to medical treatment to relieve the accused from the natural and ordinary results of the crime. although the drowning was not intended. there were many instruments attached to him. Angel In other words. The victim died because his head hit the piece of rock. immediate cause – the fractured skull. So. In other words. and is defined as that cause which in the natural and continuous sequence. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Take note that the Supreme Court says that one is liable for all the direct. Would you say that the hitting of his head on the rock which caused his death was something absolutely foreign. unbroken by any efficient intervening cause. The Supreme Court never said that he is liable for all possible and probable consequences of his act. the principle laid down by the Supreme Court is: “He who is the cause of the cause is the cause of the evil caused”. the victim did not die because of the punch. Beyond that. They are not efficient intervening cause. Jose Charito Cortez. Without the falling down. Question: In the case of Cagoco. So. something which broke the relation between cause and effect. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. but the punching was the proximate cause based on the logic that without the punching. Jette Roy Sanchez. and if that did not happen. So. there will be no death. if there is something which happened in between which is absolutely foreign between the victim’s death and the original act. there is no head hitting a piece of rock. without which the felony would not have resulted. infections are all considered as a continuation or the natural effects of what happened to the victim. Iñigo & Atty Teodoro V. the principle which the Supreme Court applied is the so –called “doctrine of proximate cause”. The immediate cause of death was the fractured skull. the effect is death. Joji Bernadette Ancog. then one is liable only up to that point. between the punching and the death? Answer: No. The cause of death is actually the cause of the evil caused. Meaning. That is not efficient intervening cause. the immediate cause of death was the fractured skull is the proximate cause of death. proximate case – punching. everything is traceable to the original criminal act. no more. Illustration: Punch victim (proximate cause) head hits rock (fractured skull) immediate cause victim dies effect Question: What do you mean by efficient intervening cause? Answer: An efficient intervening cause is something absolutely foreign and totally unexpected which intervened and which break the relation of cause and effect. logical and natural consequences of his criminal act. The law says that one is not liable if there are efficient intervening causes. between the original felonious act and the result. ACADCOM 2004: Antoinette Principe. there is a break in the relation of cause and effect. Zaldy Lu. there is no falling down. results in a particular felony. Jerry Catague. Ryan Reyes & Marilou dela Cruz 26 . Alex Blaise Cunanan. Generally.THE FRATERNAL ORDER OF ST. Ryan Reyes & Marilou dela Cruz 27 . It was the type that would heal in one week or less. when a person injures another and the victim suffers an infection maybe because of carelessness or poor medical attendance. Because we follow the general pattern. Jose Charito Cortez. the wound was infected with tetanus. DE LOS SANTOS Facts: The accused here inflicted a wound upon him. except in this case of De los Santos. There is also another unique case decided by the Supreme Court where the infection was considered an efficient intervening cause. So. There are some queer cases where the Supreme Court went outside the normal pattern. Normally. Zaldy Lu. with which the accused has nothing to do. Iñigo & Atty Teodoro V. the crime is slight physical injuries. jurisprudence would say that the infections are efficient intervening causes. The wound worsened.THE FRATERNAL ORDER OF ST. It is because of the bad faith on the part of the victim himself. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. the victim dies. IAC 157 SCRA 1 Facts: The accused wounded the victim who was a farmer. The accused. Jerry Catague. and its subsequent infection for failure to take necessary precautions with tetanus may have been the proximate cause of the victim’s death. here should be liable only for slight physical injuries not for serious physical injuries. Angel There are some cases where the factor that intervened between the criminal act and the resulting injury was considered as an efficient intervening cause. something totally unexpected. After several days or weeks. when you are liable for a felony. ACADCOM 2004: Antoinette Principe. That is his burden. which was not really very serious. URBANO vs. Alex Blaise Cunanan. but not intentional. where it was caused deliberately. So. something absolutely foreign which broke the relation of cause and effect between the original act and the resulting injury. which is caused by the infection no longer in normal circumstances. Joji Bernadette Ancog. But the victim said that he wanted to hold the accused liable for a more serious crime. the farmer continued working hard in the field. Held: There is a like hood that the wound was but the remote cause. US vs. Issue: WON tetanus can be considered as an efficient intervening cause of the victim’s death for which the accused could be held liable. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Despite the wound. What the victim did was to contaminate his wound. Jette Roy Sanchez. the accused should be held answerable for everything. Held: The victim’s act of deliberately aggravating or worsening his wound was considered as an efficient intervening cause. deliberately causing it to be infected. So. you are liable up to a certain point. Iñigo & Atty Teodoro V. As a matter of fact. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Jerry Catague. Zaldy Lu. ACADCOM 2004: Antoinette Principe. rather that proximate cause. Jose Charito Cortez. Alex Blaise Cunanan. that a Supreme Court decision in Martin. the proximate cause of the victim’s death was not the wounding.THE FRATERNAL ORDER OF ST. Ryan Reyes & Marilou dela Cruz 28 . This is one of the few cases where the accused was not held liable for the resulting infection. Joji Bernadette Ancog. Angel So. That case became more of medical textbook for tetanus. in the Urbano case. the Supreme Court seems to be “dissenting” medical wounds. The Supreme Court here did not apply paragraph 1 of Article 4 but applied the doctrine of remote cause. but the tetanus. because the wounding was but a remote cause. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Jette Roy Sanchez. and logical consequences of is act. In the case of Martin. Jose Charito Cortez. But is there a law in the Philippines that prohibits playing a joke on somebody/ None. Ryan Reyes & Marilou dela Cruz 29 . The victim subsequently developed a fever due to malaria. that is already a felony. But malaria is caused by mosquito bites. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. It could be something unexpected and tragic. It was something foreign or remote. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Alex Blaise Cunanan. natural. natural. yes he is liable. That is started with felony. It is not the direct. ACADCOM 2004: Antoinette Principe. Accused was charged with homicide. The law is very clear: a person is committing a felony although the wrongful act done be different from that which he intended. the act of wounding the victim is already a felony. There is no basis. Is A liable for the friend’s death on the theory of paragraph 1. Iñigo & Atty Teodoro V. Angel PEOPLE vs. Like for example. Since A here was not committing a felony when he played a joke on his friend. But it is not enough to make a person criminally liable. the mere act of punching is already intended. Malaria caused the boy’s death. It had nothing to do with the original act. If there was a felony. Joji Bernadette Ancog.THE FRATERNAL ORDER OF ST. So. Since. When he reached the place. where he straggled his wife. Question: A wanted to play a joke with his friend. Take note of the premises of paragraph 1 of Article 4. The intervention of malaria here was an efficient intervening cause. A surprised him. Held: The slapping or punching could have caused malaria. in one case. In the case of Marasigan. PALALON 49 Phil 177 Facts: The accused slapped a boy. Jette Roy Sanchez. which broke the relation of cause and effect between the slapping and the death. Zaldy Lu. Then the boy died. The friend died due to heart attack. he is NOT liable for the direct. then he is not liable for his friend’s death. although the cause of her death is heart attack. Jerry Catague. this does not apply to a felony by omission. logical consequences of the act of the accused. A waited to the friend. But if one is not committing a felony. A is not liable for the death of is friend. Issue: WoN malaria is efficient intervening cause for which the accused should be held liable for the death of the boy. this is where he passed every night. although the wrongful act done be different from that which he intended? Was A committing a felony when he played a joked on his friend? Answer: No. Alex Blaise Cunanan. “committing a felony”. but. It looked like a genuine bill with the exception of the inverted letters. he performed an act which would have been an offense against persons or property. Counterfeiting or forgery is not a crime against person or property. Unlike in paragraph 1 where felony is defined in the RPC. which would be an offense against the persons or property. Held: No.THE FRATERNAL ORDER OF ST. All the markings on the face of the forged bill were inverted. were it not for the inherent impossibility of its accomplishment or on the account of the employment of inadequate or ineffectual means. He put a chemical on the note so that he could get an impression. whereas paragraph 1 says. But there is something wrong with the decision. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. the Penal Code says. he is not guilty of counterfeiting. The concept of impossible crime is limited only to crimes. the correct ruling would be that he neither committed any crime nor an impossible crime. which would have been ended as crimes against persons or property. Jose Charito Cortez. It is a crime against public interest. Ryan Reyes & Marilou dela Cruz 30 . Therefore. Meaning. Jerry Catague. but he is guilty of an impossible crime because of the inherent impossibility of its accomplishment or on the account of the employment of inadequate or ineffectual means. Joji Bernadette Ancog. If we stick to the law. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. it was not counterfeiting or forgery. PEOPLE vs. “performing an act”. Answer: Precisely because in paragraph 2 there is no known felony. Note: There is no such thing as impossible crime by omission. Jette Roy Sanchez. were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. Counterfeiting or forgery means an exact reproduction of what the genuine currency looks like. This is known as the concept of “Impossible Crime”. ACADCOM 2004: Antoinette Principe. Angel By any person performing an act which would be an offense against persons or property. Iñigo & Atty Teodoro V. This is not an exact reproduction of the original for everything is inverted. He was charged with counterfeiting and forgery. Book II. Answer: An impossible crime is a crime committed by a person who performs an act. Question: Define Impossible Crime. The trouble was that it was not done properly. BALMORES 86 Phil 493 Facts: This is about a crime of somebody trying to counterfeit a currency note. Zaldy Lu. the act should have been a crime against person or property but it did not turn out to be that way because of the inherent impossibility of its accomplishment or on the account of the employment of inadequate or ineffectual means. Question: Why is it that in paragraph 2. you commit a crime against person. Iñigo & Atty Teodoro V. physical injuries. Question: Are you liable for murder? Answer: No. Angel Normally. or against public interest. Examples are the following: robbery. then. paragraph 2. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Jette Roy Sanchez. So. Jerry Catague. But you can also commit a crime against property. Question: Is there a crime committed? Answer: Yes. One cannot steal from himself. There is a physical impossibility. it would have been murder. It is impossible for the offender to be at the same time the victim of his own act. Crimes Against Property I want to steal your fountain pen. against honor. Alex Blaise Cunanan. Ryan Reyes & Marilou dela Cruz 31 . That is Article 4. etc. That pen is similar to the pen that I lost. Question: Are all impossible attempts to commit a crime punishable? Meaning. Agaisnt persons: murder. you go to his room. theft. etc. But had he been alive. I cannot buy another one. ACADCOM 2004: Antoinette Principe. it cannot be theft. you see him lying. Upon looking at the pen. Jose Charito Cortez. I steal yours. homicide. it would have been an offense against persons or property. I realize that it is mine. that is not covered by paragraph 2 of Article 4 because of the special hatred by the RPC for crimes against persons and property. when you perform an act which would be an offense against chastity. when you committed an act which turned out not to be an offense of an inherent impossibility. If it belongs to you. are you liable? Answer: No. So. in order to be considered an impossible crime. there is legal impossibility. So. murder is impossible because you cannot kill somebody who is already dead. Crimes Against Persons Suppose. Question: What crime did you commit? Answer: You committed an impossible crime because of the physical impossibility of killing somebody who is dead. an impossible crime. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Joji Bernadette Ancog. but without knowing that he is already dead because one or two hours earlier he died in sleep. it is the fountain pen that I lost. Zaldy Lu. you start stabbing him to death.THE FRATERNAL ORDER OF ST. you cannot kill a cadaver. Question: Did I commit the crime of theft? Answer: No. One of the elements of theft is that the personal taken by the offender belongs to another. you did not commit murder. you want to kill Lei and you plan to stab him in his room in the middle of the night while he is sleeping. In other words. do not produce it by reason of causes independent of the will of the perpetrator. he did not die despite the sufficient amount of poison. A person could be liable for an impossible crime only if the act does not fall under any specific provision of the RPC. which would produce a felony as a consequence. I said: “Shit! Why did you have to die before I kill you?!” So. because there is not intent to kill. The offender performed all the acts of execution. I want to kill Dao while he is asleep in is room. When A met B for that purpose. he believed he was committing a crime at that moment. I go to Dao’s room and see him lying in bed. but actually it was salt or sugar. Jose Charito Cortez. I approach him. the poison that I placed in the food was adequate but I did not know that the person was especially immune from the chemical that I used. nevertheless. I placed a small quantity of poison in the food of somebody. I just stab his body. ACADCOM 2004: Antoinette Principe. Jerry Catague. A. Did I commit an impossible crime? Answer: No. decided to rob B of said watch. and I notice that he is not moving. He took the food but he did not die because of the dosage that I put in the food as it is insufficient to kill a person. Jette Roy Sanchez. but which. I am liable for committing an impossible crime. Finding that B did not have the watch. Thinking that B had the watch with him. I am liable for impossible crime. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Impossible crime is the last resort. Suppose. I placed something in your office believing that it was poison. So. he is already dead! So. A pointed his gun at him and asked for the watch. who knew that B owned and always carried a watch. A allowed B to go without further molestation. Alex Blaise Cunanan. But because I believed that I could have killed you were it not for the ineffectual means. There must be criminal intent on the part of the offender. It is different when you think you are killing him when actually he is already dead. that would be more of a frustrated murder. rather than an impossible crime under Article 4 paragraph 2. Question: Am I liable for impossible crime? Answer: No. Zaldy Lu. Joji Bernadette Ancog. it is frustrated murder under Article 6. B did not have the watch because he forgets to carry it with him.THE FRATERNAL ORDER OF ST. Angel Inadequate Means For example. knowing anyway he is already dead. Ineffectual Means For example. Question: For instance. Iñigo & Atty Teodoro V. I touch him. So. You could not have been killed because it was not poison. Ryan Reyes & Marilou dela Cruz 32 . THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Jette Roy Sanchez. then. robbery. Question: What crime did he commit? Answer: He committed an impossible crime. having in mind the social danger and the degree of criminality shown by the offender. homicide. – When the person intending to commit an offense has already performed the acts for the execution of the same but nevertheless the crime was not produced by reason of the fact that the act intended was by its nature one of impossible accomplishment or because the means employed by such person are essentially inadequate to produce the result desired by him. shall impose upon him the penalty of arresto mayor or a fine from 200 to 500 pesos. Question: What then is the penalty for impossible crime? Answer: Article 59 of the RPC. it falls under a specific provision of the RPC. he is criminally minded. ACADCOM 2004: Antoinette Principe. Question: What is the penalty to be imposed on impossible crime? Can we penalize the offender for murder. Ryan Reyes & Marilou dela Cruz 33 . Jose Charito Cortez. it should not be treated as an impossible crime. under Article 4 (2) of the RPC.THE FRATERNAL ORDER OF ST. Penalty to be imposed in case of failure to commit the crime because the means employed or the aims sought are impossible. Zaldy Lu. which is positivist-oriented. etc – the crime that he would have committed? Answer: Of course not! He cannot be penalized for the crime. Question: What is the basis for impossible crime doctrine? Why should a person be held liable when actually he did not commit any crime? Answer: The principle here is objectively he is not criminal. he is socially dangerous person. Iñigo & Atty Teodoro V. but there are few positivist-oriented provisions and one of them is the impossible crime concept. Joji Bernadette Ancog. the court. Angel Question: Is he liable for an impossible crime because it was impossible for him to take something. he should be punished for that. Our RPC is mainly based on the Classical Theory. He thought he was committing a crime. So. which is not there? Answer: No. Article 4 (2) of the RPC is one of the few principles. where we are looking at the effect rather than the person? Is this not a violation of the classical theory of criminal law? Answer: No. Alex Blaise Cunanan. In the positivist thinking. Jerry Catague. but subjectively he is a criminal. It would fit the definition of an attempted robbery better than the definition of an impossible crime. And the mere act of placing or poking a gun at somebody is by itself already a felony. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. So. which he would have committed precisely because he did not commit the crime. that is not an impossible crime that is attempted robbery. Question: Why are we talking about the person? Didn’t we say that the RPC is based on the Classical Theory of criminal law. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. There is no exception there and the penalty is reclusion perpetua to death. But during the trial. there is no law that penalizes this act. How can you convict a person when there is no existing crime? Nullum Crimen. Ryan Reyes & Marilou dela Cruz 34 . for killing the father se still committed parricide. But the second paragraph states the opposite situation. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Zaldy Lu. it becomes one. Jose Charito Cortez. So. In the same way the court shall submit to the Chief Executive through the Department of Justice such statement 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. Nulla Peona Sine Lege. Meaning. but there is no governing law. OREFON Facts: A girl was accused of parricide for killing her own father. So. Normally.THE FRATERNAL ORDER OF ST. She was raped from time to time (incestuous rape). Why excessive? It is excessive because of some special circumstances. Question: What does the first paragraph of Article 5 mean? Suppose a person is accused in court criminally and it turned out that the act is not a crime. Angel Art. Joji Bernadette Ancog. it is not excessive but because of some circumstances. 5. But the court should inform the executive branch that it should recommend passage of the law. based on the evidence. there is no question that he is liable – and this is the proper penalty. That cannot be lowered by any mitigating circumstances. But there is nothing that the judge can do. 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. you now recommend that a new law be passed. The executive branch must take over but as a judge. This must still be imposed on the convict even though it is excessive. Jerry Catague. Iñigo & Atty Teodoro V. Question: What is the proper decision? Answer: Acquit. That is a heinous crime. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Well. it came out that the accused killed her own father because she could no longer withstand what her father was doing to her. she killed her own father. Sometimes. That is for the President to grant. it happens that you commit an act which appears to be immoral and illegal. The judge has no power to pardon. This is to cover the loophole in the law. If a person is found guilty of a crime – there is no question about it. he has no other choice but to apply the law. The judge has no power to commute or to grant conditional pardon. — 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 legislation. Alex Blaise Cunanan. The prescribed penalty for parricide is reclusion perpetua to death. PEOPLE vs. Jette Roy Sanchez. the judge has no choice but ACADCOM 2004: Antoinette Principe. He still must impose it but he must recommend executive clemency. So. What should the court do? Answer: The law says that the court should render the proper decision. in beautiful Cebu. He convicted the killers of the Chiong sisters. but he imposed the penalty or reclusion perpetua. Angel to sentence her to perpetua. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. The mother. In the case handed by Judge Ocampo.THE FRATERNAL ORDER OF ST. The law is the law for all its seeming harshness. sometimes. It is . or his own concept of death penalty. finding them guilty beyond reasonable doubt. This happened very recently. Alex Blaise Cunanan. Not knowing how to court Jonah. Zaldy Lu. Rule: Not Punishable Exception: If the RPC penalizes it. but in the decision. Held: The penalty is excessive for Teresita Villorente. Dura lex sed lex. VILLORENTE Facts: The case is one for forcible abduction with rape filed against Villorente and his mother. Jerry Catague. Meaning. have to apple the law regardless of personal beliefs and compassion. The judge has applied his own norm of morality. Preparatory Acts Gen. she appears to have acquiesced with Charlie on account of her maternal concern. She must have agonized with Charlie who did not know how to court the girl of his dreams. The executive branch will take that into consideration. Iñigo & Atty Teodoro V. Ryan Reyes & Marilou dela Cruz 35 . Jette Roy Sanchez. necessary that under the provision of Article 5 of the Revised Penal Code. the court also considers the feeling of the girl. recommended executive clemency. PEOPLE vs. External / Physical Acts: a. The case reached the Supreme Court. in fact. In other words. a mother will go out of her way just to help her child. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. But based on the circumstances of the case. Jose Charito Cortez. The mother pitied her son and decided to abduct the girl and have her son raped her. Joji Bernadette Ancog. Held: The trial court is ordered to sentence her to perpetual. Example: Article 304 (Possession of picklocks and false keys) Punishable b. as court of judges. She still committed a crime because she wanted her son to be happy. the attention of the President should be called to the mother. How a felony develops 1. when there is no question that the applicable penalty is death. therefore. Acts of Executon  Attempted  Frustrated ACADCOM 2004: Antoinette Principe. Of course. Charlie looks her from a distance until he could no longer hold his desire and with the complicit of his mother. abducted and raped her. cooperated with her son and both of them were sentenced to reclusion perpetua. there is something exceptional which makes the penalty excessive. We. Why was the mother included as co-accused? This Villorente was in love with a certain girl but he doesn’t know how to court a girl. Mental Process / Internal Acts Not punishable 2. Unschooled like her son. you cannot condone that. except when the law specifically provides penalty for such preparatory acts. it cannot be an act but we will just use the word act loosely. you get a gun and practice shooting. However. Zaldy Lu. are the Preparatory Acts. Ryan Reyes & Marilou dela Cruz 36 . No one can charge you for thinking of committing a crime. At this stage. as outlined in some books. which are preparatory to the crime of robbery with force upon things. After the preparatory acts comes the ACTS OF EXECUTION. which are owned by robbers. windows. THOMAS MORE  CRIMINAL LAW 1 – Dean Hildegardo F. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. it should not be punishable but the trouble is Article 304 says mere possession of these objects. It is only in preparation of robbery. If it is a mental process . Normally. it is physical action. So. a crime usually starts with a person arriving at the decision to commit a crime and then he plans it out. They use it to open doors. the physical activity. He now executes the commission of the act and there are three possibilities. We call that the mental process or some authors call them internal acts. you just imagine. Except when the law penalizes such preparatory acts. If you want to stab him. First. But actually. which penalizes the crime known as possession of picklocks and similar tools. But it is not the concern of the law. Jette Roy Sanchez. The act of sharpening a knife is not the act of stabbing. ACADCOM 2004: Antoinette Principe. Alex Blaise Cunanan. Preparatory external acts of preparation for the commission of a felony are not punishable. Those are preparations. If you want to shoot him. the possession of a false key or a picklock is not the actual act of robbery. we are concern here because these are all punishable already. that is followed by external acts. If you want to rape beautiful girls. The act of buying poison is not the act of poisoning the victim. this is still beyond the scope of criminal law. which should be solved by the person with his spiritual director. you will buy poison. Where a person now proceeds to implement his plan. you want to poison your enemy. which RPC calls as the attempted. Picklocks and similar tools are usually objects of gadgets. Jose Charito Cortez. So if you want to murder your enemies. Although the word internal acts does not seem to be accurate in criminal law. you just imagine. you buy a knife and sharpen it. So. frustrated and consummated or mere frustrated or attempted is already punishable. when we say “act” as defined in Article 3. The best example is Article 304 of the RPC. a moving of the muscle.THE FRATERNAL ORDER OF ST. Jerry Catague. the mental process will now be followed by external or physical acts. Like for example. Question: Are they punishable? Answer: The general rule is No. Iñigo & Atty Teodoro V. usually after the decision and the planning. Angel Consummated Normally. But external acts should be divided into two. Joji Bernadette Ancog. is also possible. That is beyond the scope of criminal law. That is a problem. etc. Jette Roy Sanchez. there is no such thing as attempted stage in a felony by omission because attempted stage applies only to felony “by act”. saw a figure in the dark side inside the house. while patrolling on neighborhood. he commenced the commission of robbery by overt acts by trying to enter the house in the middle of the night. And for that he was charged for the crime of attempted robbery. Joji Bernadette Ancog. Attempted Stage: There is an attempt when the offender commences the commission of felony directly by overt acts. and attempted felonies. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which. Alex Blaise Cunanan. the conclusion is: In felony by omission. Since the law says by overt acts. he tried to remove a portion of the wall. the overt act must have a direct relation to the felony for which he is charged. For all they know. ACADCOM 2004: Antoinette Principe. When he was able to create an opening. The guy did not know that the group of policemen patrolling watched him. While the guy was doing. The Supreme Court laid down the rule in order to convict a person for an attempted felony. do not produce it by reason of causes independent of the will of the perpetrator. They caught him in the act of entering. it was premature to charge him with attempted robbery. but robbery is not committed by entering but by taking. he has not yet commenced the act of taking something. and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance. There must be a direct relation between the overt act and the elements of the felony for which he is charged. once he is already inside the house.THE FRATERNAL ORDER OF ST. There is an attempt when the offender commences the commission of a felony directly by overt acts. Why? How do you commit robbery? Robbery is committed by taking personal property belonging to somebody. PEOPLE vs. Jerry Catague. They stopped and observed what the guy was doing. So. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Held: There was no attempted robbery. So. his intention might to rape or kill somebody. There is no connection between what he was doing and the elements of robbery. Zaldy Lu. a group of policemen. Iñigo & Atty Teodoro V. So there is no connection between the act and the crime for which he is charged. Consummated. But here. are punishable. — Consummated felonies as well as those which are frustrated and attempted. A felony is consummated when all the elements necessary for its execution and accomplishment are present. Although he did not succeed because he was caught. He was trying to create an opening to enter the house. Meaning. there is no attempted stage. LAMAHANG 61 Phil 707 Facts: One night. that was the time when the policemen caught him. nevertheless. Ryan Reyes & Marilou dela Cruz 37 . Angel Art 6. Jose Charito Cortez. frustrated. and the accused was already in the act of entering the house in the middle of the night. never mind what is the motive for not continuing. Joji Bernadette Ancog. but because of something else. Jose Charito Cortez. he would not be liable. not because the offender stopped from proceeding. according to Viada. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. In attempted felony. Jette Roy Sanchez. What is important is his desistance. The owner of the wallet detected it. I aim the gun. He was in the act of entering a house in the middle of the night. Ryan Reyes & Marilou dela Cruz 38 . there is no criminal liability. ACADCOM 2004: Antoinette Principe. Iñigo & Atty Teodoro V. He was trying to pick pocket of the victim. I fired. Alex Blaise Cunanan. He is not even guilty of attempted felony on the theory that a person who is already on the verge of committing a crime but desists or decides not to pursue because his conscience bothers him should not be penalized. And when one enters a house against the will of the occupants. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. But the trouble is it did not explode. Why? Because of a cause or because of an accident other than his own spontaneous desistance. So. he desisted voluntarily. Zaldy Lu. when I pointed my gun to the victim. You cannot desist when all the acts of execution are already accomplished. with that I failed to kill the victim. he already commenced the commission of the felony but he realized that there were many eyewitnesses. but did not complete it because of his own spontaneous desistance. and held the hands of the thief. not attempted robbery. while all the occupants were all asleep. So. one thing is clear. since he desisted. But for the moment. the offender here had started to commit a felony. Accident I want to kill A. Cause Theft. the crime he has committed is attempted trespass to dwelling. So. It did not explode. Viada does not care whether his desistance was based on a noble reason. Angel However. but the gun jammed. As a matter of fact. A would like to kill Z. That is a cause other than is own spontaneous desistance. he did not finish. attempted theft.THE FRATERNAL ORDER OF ST. I have already commenced the act of trying to kill. He was trying to lift the wallet inside the pocket or the bag. or out of fear of being caught. but he did not continue because he failed to perform all the acts of execution which would produce the felony. Well. In fact. pick pocket. The reason here why he failed to perform all the acts of execution was because the owner prevented him. When he tries again that is another story. he desisted. Other than your own spontaneous desistance If a person commences the commission of a felony. But take note that the desistance must come before the consummation of the crime. So. The jamming of the gun was not consummated. Jerry Catague. he commits the crime of trespass to dwelling. remorse. he failed to take the wallet. There was the act of taking but he failed to complete the possession of the wallet. Can he be liable? Answer: Viada says. What is important is that he did not continue with the crime. But the trouble is. He was halfway though or less than halfway through. So. he should be rewarded for hearkening to his conscience. Question: Suppose. THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel Question: Is there an attempted theft? Or is there no theft at all because of my desistance? Answer: The crime of theft is consummated. The moment I take your wallet and then leave, the crime is accomplished or has already been fully consummated. So, when I return it to you. I cannot say that I desist. Note: You cannot desist when the crime is already consummated. However, under Article 13, I will be entitled to a mitigating circumstance that is analogous to voluntary surrender. Some authors call that the OBJECTIVE STAGE and the SUBJECTIVE STAGE. In the objective stage, the actor is still in control of his act. It is still within his means to desist. If he desists, he is not liable. But if he did not proceed not because of his desistance but because of cause or accident other than is desistance, he is liable for an attempted felony. But if reaches the subjective stage where he can no longer desist, then, he has reached either the frustrated stage or consummated stage, depending on whether the crime is accomplished or not. He has gone beyond the stage of attempted felony. Frustrated Stage Question: How does the law define a frustrated felony? Answer: In a frustrated felony, the offender has performed all the acts of execution which would produce a felony as a consequence but which, nevertheless, do not produce it by reason or causes independent of the will of the perpetrator. Question: Distinguish attempted stage from frustrated stage. Answer: In attempted stage, the offender has not performed all the acts of execution, which would produce the felony as a consequence; whereas, in frustrated stage, the offender has performed all the acts of execution, which would produce the felony as a consequence. Sometimes, these two stages are difficult to distinguish. Even the Supreme Court in some old decisions admitted its difficulty. The line that divides the two stages seems to be very thin. The best illustration of determining the stage of a crime is in crime against person which involve an attempt to kill – attempted or frustrated murder or homicide. But there are some crimes, which show very unclear differences, like rape, arson, etc. PEOPLE vs. BORINAGA 55 Phil 433 Facts: The accused, with intent to kill, approached the victim from behind. The victim was sitting on the chair. The accused had a very long dagger. There was treachery here. He plunged the dagger towards the back of the victim but the dagger hit the wooden frame of the chair. The dagger was imbedded; the victim was thrown forward because it was a very powerful blow. There was no injury to the victim because the dagger hit the wood. ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 39 THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel Issue: Whether the felony was an attempted murder or frustrated murder. Held: The crime was frustrated murder because the offender has performed all the acts of execution which would have produce the murder or death of the victim as a consequence but which, nevertheless, did not produce the death of the victim because of a cause independent of the will of the offender, and this cause is the dagger hitting the wooden frame rather than the back of the victim. Note: It is attempted murder. It cannot be frustrated because the offender has not performed all the acts of execution. How can you kill a person unless you hit him? The victim was not even hit. (Dissenting Opinion) So, unless you hit the victim, you have not performed all the acts of execution, which would produce the death of the victim as a consequence. The death of the victim cannot be produced unless you hit him first and he sustains wound that is sufficient to kill, one that is fatal. However, according to the majority, the wooden frame, which hit by the dagger, prevented the victim’s death; it saved him from being hit. You cannot talk of death unless the victim is first hit. In other words, the minority is of the opinion that the offender did not perform all the acts of execution because of a cause or an accident other than his own spontaneous desistance. Question: Which of the two contending discussions is correct? Answer: In subsequent cases, after Borinaga, it appeared that majority ruling was wrong and the minority view was the correct one. Borinaga should have been convicted only of attempted murder and not frustrated because later decisions rectify whatever error came out in the case of Borinaga. Later decisions came out with a view that in crimes against persons which involve intent to kill, before a person could be convicted of frustrated murder, the prosecution must establish that the victim sustained an injury which could normally kill. Therefore, if the wound is not mortal, then, the crime is only attempted homicide or murder. Question: Suppose, I shot K but the gun jammed. Is that attempted or frustrated? Answer: Attempted. How can K die when I did not even hit him. The jamming of the gun is an accident other than my own spontaneous desistance. Question: Suppose, I shot K, but because of my poor aim, he was not hit. What is that? Answer: That is still attempted. How can he die unless I hit him. So, my poor aim is the cause other than my own spontaneous desistance. Question: Suppose, I hit him but the wound is not really fatal. So, he did not die. Is it attempted or frustrated? Answer: It is still attempted because I have not performed all the acts of execution. How can K die without a fatal wound? So, until the offender inflicts a fatal wound which could normally kill, it can be rightfully ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 40 THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel claimed that the offender has not performed all the acts of execution which would produce felony as a consequence. But, supposed, the offender, with the use of .45 caliber pistol, shot the victim in the head blowing off his brain, hit him in his chest blasting his heart and still another shot blasting his liver. Then, the victim was rushed to a hospital. Because of modern apparatus, he was able to survive. This modern science is the cause independent of the will of the perpetrator. I did everything to kill him. Definitely, I’ve performed all the acts of execution. He is supposed to be dead by now. That is frustrated. Question: A doctor wanted to poison his wife. So, he placed poison in her food. His wife ate the food with poison. When the wife had already swallowed the food, the doctor was bothered by his conscience. He was remorseful; so he administered first aid and forced her to vomit. The wife survived. Was the crime attempted or frustrated parricide? Answer: (Analysis)  In attempted parricide, the offender has not performed all the acts of execution. In other words, it would be attempted if the wife, who has already taken the poison, vomited by herself. When she spit out the poison that constitutes an accident other than the husbands desistance. But if the husband had his conscience stricken before the wife had swallowed the poison, then, there is not even attempted parricide because of his own spontaneous desistance.  But if the wife has already swallowed the poison, and it was already in her stomach, desistance is immaterial. You cannot order the poison to go out the body. He has in fact passed the frustrated stage because he has already performed all the acts of execution. But to convict a person of frustrated parricide, the law requires that the felony did not materialize because of causes independent of the will of the perpetrator. Like you shot somebody but because of timely intervention by a doctor, he survived. But, here, the offender himself saved the wife. In other words, it would not also fit the definition of a frustrated felony. Question: So, what was the crime committed? Answer: The crime of administering injurious beverage under Article 364. It is a form of serious physical injuries. Question: How do we distinguish the attempted or frustrated stage of a felony from an impossible crime? Answer: In an impossible crime, the crime to be committed was inherently impossible of commission; whereas in attempted or frustrated felony, the crime is possible of accomplishment, but it was not produced because of a cause or an accident other than the offender’s desistance, or because of causes independent of the will of the perpetrator. INTOD vs. COURT OF APPEALS 212 SCRA 52 ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 41 THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel Facts: Intod and his companions, with intent to kill, fired at the bedroom where they thought the victim was sleeping. It turned out, however, that the victim was in another city and no one was in the room when the accused fired the shots. No one was hit by the gunfire. The accused contends that the crime is an impossible crime under Article 4(2). They performed an act, which would be an offense against persons – murder, were it not for the inherent impossibility of its accomplishment. How can they accomplish when the victim was not there, when he turned out in other places. On the other hand, the prosecution believes that it was attempted murder. They failed to kill him because they failed to perform all the acts of execution, because of a cause other than his own spontaneous desistance. And that cause is the fact that the victim turned out no to be there. Issue: What was the crime committed? Held: The factual situation of the case at bar presents a physical impossibility which render the intended crime impossible of accomplishment, and under Article 4(2), such is sufficient to make the act an impossible crime. To uphold the contention of the prosecution that the offense was attempted murder because the absence of the victim was the supervening cause independent of the actor’s will render useless the provision of the RPC. In that case, all circumstances, which prevented the consummation of the offense, will be treated as an accident independent of the actor’s will. So, the Supreme Court agreed with the accused. It is a case of impossible crime because every time a crime is not committed, because of a cause or accident other than the desistance of the accused, or causes independent of his will, it would be attempted or frustrated. There is no more application of Article 4(2), if we follow the logic of the prosecution. 1994 Bar Question: Jippy, Arias and Randal planned to kill Elsa, a resident of Brgy. Ula, Laurel, Batangas. They asked the assistance of Ella who is familiar with the place. On April 3, 1992 at about 10:00pm, Jippy, Arias and Randal, all armed with automatic weapons went to Brgy. Ula. Ella being the guide directed her companions to the room of Elsa. Whereupon, Jippy, Arias and Randal fired their guns toward the room. Fortunately, Elsa was not around as she attended a prayer meting that evening in another barangay. Jippy, Arias and Randal were charged and convicted of attempted murder by the RTC. On appeal to the CA, all the accused ascribed to the trial its error in finding them guilty of attempted murder. If you are the ponente, how would you decide the appeal? Answer: I will reverse the trail’s court decision and convict them of impossible crime under the doctrine enunciated by the Supreme Court in the case of Intod vs Court of Appeals. Consummated ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 42 THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel Question: What is a consummated felony? Answer: A felony is consummated when all the elements necessary for its execution and accomplishment are present. The definition of a crime in Book II contains the elements, which you can detect by splitting the definition into parts. And to convict a person of a particular crime, you have to prove all the elements to establish the crime. If all the elements of a crime are present, then the felony is consummated. That’s the simplest test. For example, with intent to kill. A shot B and B died. That is consummated homicide or murder. Question: But supposed some elements are present and some elements are absent. Suppose a crime is composed of several elements, then the prosecution has established only some of the elements but the others are not, what will happen? Answer There are Three Possibilities: 1. The accused can be found guilty only of frustrated or attempted felony. Example: A, with intent to kill, shoots B. But B did not die because the doctor saved his life. Question: Is the crime a consummated homicide? Answer: Of course not! It is frustrated homicide. 2. The accused cannot be convicted of the felony charged in its consummated stage but he can be found guilty of another felony in its consummated stage. Example: A person is charged with robbery. Robbery is committed when, with intent to gain, one takes personal property belonging to another with violence or intimidation of persons or force upon things. The offender is proved to have taken, with intent to gain , property of another but there was no force upon things, or violence or intimidation against persons. Question: What crime was proven? Answer: What was proven was the crime of simple theft. Example: A is accused of murder because according to the prosecution, with intent to kill. A shot B and killed him by means of treachery. During the trail, the prosecution proved that the accused shot the victim. He shot A with intent to kill. The victim died but there was no treachery. So, the charge is consummated murder, the crime proven was consummated homicide. ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 43 Example: A accused B of estafa under the Penal code. When a person is charged with a crime consists of two or more elements. No crime is proven but there is civil liability. the accused should be acquitted because no crime was established. there is no estafa. Jette Roy Sanchez. Alex Blaise Cunanan. all citizens of the Philippines are banned from going to that country. 121. it is also consummated. Zaldy Lu. in violation of that. Therefore. Iñigo & Atty Teodoro V. So there was pecuniary damage. Ryan Reyes & Marilou dela Cruz 44 . When you come back. Deceit or abuse of confidence.THE FRATERNAL ORDER OF ST. Meaning. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Joji Bernadette Ancog. owing allegiance to the Government. You have to take note also that in some special crime the attempted stage and the consummated stage are identical. the government will file a case against you because you visit a country with which we are at war and there is prohibition. Jose Charito Cortez. Misappropriation. Question: So. and c. the cause of action is purely civil. b. the elements of estafa are: a. In the absence of abuse of confidence or deceit. consummated. you decide to go to that country. Art. Jerry Catague. During the trial. In the law on criminal procedure. So. no abuse of confidence. So. Angel That is the 2nd possibility. attempts to flee or go to an enemy country when prohibited by competent authority. there is no distinction between the attempted and the consummated because they carry the same penalty. the prosecutor proved that the accused was able to get money from the victim and he did not return the money. However. some elements are proven but the others are not. 1. the accused can be convicted of another crime also in its consummated stage. It is purely a civil obligation. When the prosecution proves less than the elements of the crime charged. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. PROBLEM: Philippines is at war with another country. — The penalty of arresto mayor shall be inflicted upon any person who. ACADCOM 2004: Antoinette Principe. there are certain crimes where you will have a hard time determining the stage of execution. Suppose. what has been proved? Answer: It is a simple loan. When you attempt to do it. Generally. But there was no deceit. Pecuniary damage suffered by the plaintiff. when you do it. There is no distinction between the attempted felony and consummated felony. 3. Flight to enemy’s country. that means the accused of a crime is convicted of a crime necessarily included in the crime charged. you are about to board a plane. 2. You go and you are caught. that is why a mere attempt is already considered consummated. is not the way to determine the stage of execution of arson. which was burned. you are not able to go. you said. Out of 30 rooms. consummated also. consummated. “kaw…”. Jose Charito Cortez. or attempted? Answer: According to the Supreme Court. that is already consummated arson. Suppose. rapist pa gyud!”. which are called Material Crimes. Question: What is that – attempted. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Examples: 1. The fire was extinguished. You attempt to go. “kawatan ka. Arson: You burn a building. ACADCOM 2004: Antoinette Principe. Alex Blaise Cunanan. Jerry Catague. You are caught! So. counting the number of rooms or percentage of the building. or consummated? How much portion of the building must be burned before it becomes consummated. that is answered by jurisprudence. how can you commit frustrated or attempted arson? Is there such a thing as attempted or consummated arson? Answer: Yes. What did you commit? You have orally defamed the person to put him dishonor. But if you do not do it. Iñigo & Atty Teodoro V. you did not finish. Ryan Reyes & Marilou dela Cruz 45 . The attempted and consummated stages are identical. No matter how small is the portion burned. You are on the act of going. only two are totally burned. Angel You really wanted to go. Jette Roy Sanchez. if you don’t commit any crime. For instance. Zaldy Lu. it is also hard to distinguish one from another. False Testimony in Court 3. But even in material crimes. Felony by omission – You failed to do an act which the law commands you to do as a duty. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. So.THE FRATERNAL ORDER OF ST. Slander – When you orally defame somebody in public presence. like homicide. frustrated. Is that attempted slander? No! Either you say the whole thing or you don’t Some authors call that Formal Crimes where there is only one stage as distinguished from crimes composed of stages. frustrated. So. 2. Consummated or Nothing There are some crimes where there is no attempted or frustrated. there is a crime. Either you do or you do not do. 2 /30. It’s either consummated or nothing. Question: If that is so. Joji Bernadette Ancog. what are the classifications of felonies according to stages of execution? Answer: They are the following: 1. that is attempted. the Supreme Court said that there is no frustrated stage in rape. If there is sexual intercourse between the rapist and the victim. Note: Case of People vs Orita Supreme Court held that it was a consummated rape not just only frustrated rape. without laceration of vagina or emission. These can only be learned if you know jurisprudence. (Recall: CoRa) ACADCOM 2004: Antoinette Principe. Jose Charito Cortez. According to the Supreme Court. Joji Bernadette Ancog. (Recall: CaIn) 3. or how shallow the penetration. there is no such thing as half measure or quarter measure in a rape. already consummates rape. Jette Roy Sanchez. Frustrated – all the acts of EXECUTION performed but not produce a felony as a consequence by reason of Causes Independent of the will of perpetrator. based on Article 6. consummates rape. Ryan Reyes & Marilou dela Cruz 46 . Attempted – commences the commission of the felony directly by overt acts. Frustrated 3. even how fleeting it is.  Citing People vs Enrile. Iñigo & Atty Teodoro V.  It is well settled that slight penetration consummates rape and perfect penetration is not essential. Mere penetration of the labia no matter how slight or momentary. Alex Blaise Cunanan. Angel) 1. Angel The same thing with rape. but not perform all the acts of EXECUTION by reason of some Cause or Accident other than is own spontaneous desistance. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. that is already consummated. no frustrated stage anymore and Enrile ruling was a stray decision. Consummated – all elements necessary for EXECUTION and ACCOMPLSIHMENT are present.  Mere touching of the lips of vagina. Question:So. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Attempted 2. 2. Zaldy Lu. Jerry Catague. If it is in the act of entering but it is discontinued. Question: Where is frustrated here? Answer: In one case. Consummated Stages of Execution: (From the memory aid of Atty.THE FRATERNAL ORDER OF ST. even if there is no emission. So. So. Of course. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Conspiracy and proposal to commit felony. the penalty is only arresto menor or a fine not exceeding P200. — Light felonies are punishable only when they have been consummated. The reason for the rule is that a light felony is merely an infraction of the law. The person proposing the felony. article 8 presupposes that there are at least two persons involved. it will be punishable even if it is only attempted or frustrated. a person who has decided to commit felony proposes its execution to some other person or persons. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Jerry Catague. Iñigo & Atty Teodoro V. there is no liability. 7 has also an exception: xxx with the exception of those committed against person or property. If it is negligible. light felonies must be consummated to be punishable. Joji Bernadette Ancog. even if the light felony is consummated. — Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor. 8. Art. A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Note: There is proposal when the person who has decided to commit a felony presupposes its execution to some other person or persons. minimum of two.THE FRATERNAL ORDER OF ST. He is not joking. Art. When light felonies are punishable. with the exception of those committed against person or property. You cannot give a proposal to yourself and agree with yourself. there is no crime and you are not liable. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons. As a matter of fact. In other words. those who commit crimes against persons are more perverse than those who violate the other Titles of the Book. Light felonies are committed against persons 2. In effect. ACADCOM 2004: Antoinette Principe. what possible damage to society is there if the light felony is only attempted or frustrated? It is so microscopic in size that the law would rather not punish it anymore. However. Ryan Reyes & Marilou dela Cruz 47 . Article 8 gives us the concept of proposal to commit a felony and conspiracy. if the felon is light and it is only attempted or frustrated. Alex Blaise Cunanan. It is not possible. Jette Roy Sanchez. Light felonies are committed against properties In other words. Damage or injury to society or to the public order is negligible. Zaldy Lu. GENERAL RULE: Light Felonies under Art. If the light felony is classified as an offense against persons or property. 7. Jose Charito Cortez. He has decided. Meaning. Angel Art. and the person to whom the proposal is made. 9 are only punishable if they are consummated. EXCEPTION: 1. 000. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. what is the legal principle involved in proposals or conspiracies to commit felony? Answer: The rule is they are not punishable. As a matter of fact. Jose Charito Cortez. they are caught and arrested. We are still preparing for it and we have learned that preparatory external acts as a ACADCOM 2004: Antoinette Principe. Jette Roy Sanchez. You cannot say there is robbery because we have not even commenced the overt act of robbery. Suppose. There is no article in the RPC which penalizes the crime of conspiracy to commit robbery. at that moment. Are we guilty of conspiracy to commit robbery? Answer: No. So. there is already a crime of proposal to commit homicide of murder. I do not accept. Once a proposal is made. Question: Suppose. we are not yet in the fact of executing the crime. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Question: If we agree to rob a bank and before we have started the robbery we are caught. we agree. The conspiracy or proposal is only a preparatory act to the crime. As defined in the RPC. there is now an agreement and the proposal becomes a conspiracy. Question: So. mere conspiracy to commit a felony is not punishable. Ryan Reyes & Marilou dela Cruz 48 . according to article 8. and the parties are now covered by the definition of conspiracy. because preparatory act is not punishable. They are only preparatory acts. Once the proposal is accepted. I propose. Iñigo & Atty Teodoro V. is there such a crime of conspiracy to commit murder? Answer: No. There is now conspiracy. Alex Blaise Cunanan. a conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. We decide to commit felony.THE FRATERNAL ORDER OF ST. the fiscal will charge them with the crime of conspiracy to commit murder. the person should not accept because once he does so. Angel Example: I approach A and say. the act is only preparatory. Question: Is there an attempted murder? Answer: No. Joji Bernadette Ancog. it is there whether the person to whim the proposal is made accepts it or not. There is no commencement yet. So. From that time. When I propose the commission of a crime. because I decided to commit a crime and proposed it to somebody. what will you do? Answer: I will move to quash the information because according to Article 8 mere proposal to commit a felony. because proposal is unilateral. “I will pay you P 1. you agree. in reality. not yet because in murder. It is just an agreement. mere conspiracy to commit felony is not punishable. the gunman did not agree to the proposal and said. Question: If you are the lawyer of the accused. the offender must have commenced the commission of the act. Zaldy Lu.” Is there still a proposal? Answer: Of course. you assassinate X”. Jerry Catague. it now reaches the stage of conspiracy. “No. Question: So. such as the following: 1.) But the most famous conspiracies that constitute crimes are those. Jerry Catague. “Unless the law specially provides a penalty therefore. Zaldy Lu. If you succeed in your treason or rebellion. 4. And there are many crimes in the RPC which can be consummated by mere proposal or mere conspiracy. as amended by RA 6968) Question: Is there a proposal to commit sedition? Answer: The RPC is silent. unless the law provides penalty therefore.” Meaning. which are directed against the internal or external security of the State. They are the following: 1. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Jose Charito Cortez. we have to apply the exception here.136. Question: How about proposals? Enumerate some important crimes in RPC. 2. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. 3.136. That is when the law provides penalty therefore. But in crimes of treason. such as the following: 1. as amended by RA 6968) Conspiracy to commit sedition. Conspiracy to commit treason (Art. 115) 2. Since the crime is directed against the State. In general. Ryan Reyes & Marilou dela Cruz 49 . rebellion. ACADCOM 2004: Antoinette Principe. Conspiracy to commit treason (Art. Conspiracy to commit rebellion or insurrection (Art 136) 3. Joji Bernadette Ancog. Abuses against chastity (as when a public officer or a prison warden makes unchaste proposal to a woman prisoner who is under his custody. Angel rule are not punishable. Conspiracy to commit coup d’etat (Art.THE FRATERNAL ORDER OF ST. except when the law provides a penalty for mere preparatory. So. You do not have to wait for the commencement. there is already a crime. Question: Are there instances when mere conspiracy or mere proposal becomes a felony? Answer: Yes. Conclusion: proposal to commit sedition is not punishable. 115) Conspiracy to commit rebellion or insurrection (Art 136) Conspiracy to commit coup d’etat (Art. The RPC mentions conspiracy to commit sedition but there is no mention of proposal to commit sedition. Answer: More or less the same. the State had the absolute power to prosecute you even if you are only preparing to commit a crime. Article 8 says. Alex Blaise Cunanan. There is conspiracy to commit sedition but there is no mention of proposal to commit a crime is not punishable. coup d’tat. Machinations in public auctions. the State is the victim. the State itself is the victim. conspiracy or proposal is not punishable unless the law makes conspiracy or proposal punishable for certain offenses. Monopoly or combination in restraint of trade. 3. Iñigo & Atty Teodoro V. mere proposal is not punishable. 2. Jette Roy Sanchez. which are punishable even if they have only reached the proposal stage. less grave or light? Answer: It depends in the penalty attached by law to the crime committed.THE FRATERNAL ORDER OF ST. Jette Roy Sanchez. Less Grave 3. 9. Felonies by omission 2. Article 3 a. Iñigo & Atty Teodoro V. Zaldy Lu. Angel Art. in accordance with the above-mentioned Art. Jose Charito Cortez. Felonies by act b. Question: How do I know that a felony is grave? ACADCOM 2004: Antoinette Principe. There must be a proportion between the seriousness of the crime and the penalty. Grave felonies. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional. Culpable Felonies 3. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. This is a manifestation of the classical theory of criminal law. Article 6 a. Alex Blaise Cunanan. Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding 200 pesos or both. Light Grave Felonies: Question: How do you determine whether a felony is grave. Attempted b. Ryan Reyes & Marilou dela Cruz 50 .. Joji Bernadette Ancog. Grave 2. less grave felonies and light felonies. Grave b. Article 3 a. Frustrated c. Intentional felonies b. Article 9 a. 25 of this Code. Consummated 4. Question: What are the classifications of felonies according to their gravity? Answer: According to their gravity. Jerry Catague. in accordance with Art. felonies are either: 1. Less Grave c. Light Summary of Classifications of Felonies under the RPC: 1. — Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive. is provided. Jerry Catague. Perpetual or temporary special disqualifications 5. Reclusion perpetua 2.THE FRATERNAL ORDER OF ST. in its maximum period is punishable by a penalty classified as correctional in nature. Angel Answer: According to Article 9. if it is punishable by death or any penalty which the Code classifies as afflictive. you have the following: 1. Jose Charito Cortez. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Prision correctional 2. Prision mayor So. Perpetual or temporary absolute disqualifications 4. ACADCOM 2004: Antoinette Principe. which. Less Grave Felonies Question: What is a less grave felony? Answer: It is one. Reclusion temporal 3. Arresto mayor 3. If the penalty is correctional. Question: What are the correction penalties? Answer: Article 25 of the RPC gives the answer: 1. Destierro Light Felonies Question: What are light felonies? Answer: They are infractions or violations of the RPC where the prescribed penalty is imprisonment of arresto menor or a fine not exceeding P200 or both. any crime in the RPC which carries any one of those penalties is automatically a grave felony. Suspension 4. it must a grave felony. Question: What are the afflictive penalties? Answer: Under Article 25. Joji Bernadette Ancog. Zaldy Lu. Jette Roy Sanchez. Iñigo & Atty Teodoro V. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Alex Blaise Cunanan. it is less grave. Ryan Reyes & Marilou dela Cruz 51 . Jose Charito Cortez. Offenses not subject to the provisions of this Code. apply only to felonies. which is not an amendment to the RPC. Special penal laws Question: What is a special penal law insofar as the study of criminal law is concerned? Answer: It has two definitions. unless the latter should specially provide the contrary. This Code shall be supplementary to such laws. 10. Question: Does the RPC apply to crimes punishable by special laws? Answer: The rule is NO. as amended. Article 10 is a statement of whether the RPC should or should not apply to crimes punished by special laws. It does not. Another is illegal possession of firearms is penalized by PD 1866. The provision of the RPC does not apply to special laws because the provisions of the RPC. Ryan Reyes & Marilou dela Cruz 52 . — Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. as a rule. Jerry Catague. However. 2. Zaldy Lu. it is no intended to form part of the RPC. RA 6425. A special penal law is a law. 1. Jette Roy Sanchez. It is a statute enacted by the legislative branch. that is. if the special law is deficient.THE FRATERNAL ORDER OF ST. Joji Bernadette Ancog. The Revised Penal Code 2. Example: Violations of the Dangerous Drugs Act – like pushing – that is not found in the RPC but in another law. Alex Blaise Cunanan. ACADCOM 2004: Antoinette Principe. And in case of conflict between RPC and the special law. penal in character. It is incorporated in the RPC. Iñigo & Atty Teodoro V. That is not a special law because a special law is intended to stand separately from the RPC. Congress may also pass a law adding another crime in the RPC. Congress can pass a law anytime amending the RPC. Example: Law on coup d’etat. the provisions of RPC can apply suppletorily of crimes punished by special laws. Crimes in the jurisdiction may be penalized by the RPC or special laws – mala in se or mala prohibita. Angel Art. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. which punishes acts or omission not defined and penalized by the RPC. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Question: What are the sources of criminal law? Answer: There are two: 1. the latter shall prevail. ACADCOM 2004: Antoinette Principe. Illustration: A special law is passed penalizing a certain crime. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Somebody attempts to commit the crime but does not succeed. where the accused was prosecuted for an attempted violation of the Anti-Graft Act. one that is when you cause injury to the government. you are sentenced to imprisonment for say. etc. the attempt or frustration to commit it cannot be a crime. There was an attempt to case injury to the government – the cheating of taxes. If the special law does not penalize the attempted or frustrated stage of the crime. There are many crimes punishable by the Anti-Graft Act. again. in the absence of rules on graduation of penalties. Angel So. Under the RPC. etc. But if the special law is complete or sufficient. then. like death. there is no basis for fixing the penalty for these people. you have no basis for the penalty. In the first place. Joji Bernadette Ancog. then. the conclusion is that it is not punishable the provisions of Article 6 of the RPC do not apply to special laws. – one or two degrees lower. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. The general rule is that the penalty for the attempted or the frustrated stage is one or two degrees lower than the penalty prescribed for the consummated felony. They were charged with “Attempted Violation of the Anti-Graft Act”. In other words. That’s the penalty. Zaldy Lu. and there is a scale of penalties. only the principal is held liable because. If the special law does not penalize the accomplice or the accessory. etc if found guilty. There is no more one or two degrees lower or higher because there will be no basis for the penalty. But in special laws. then. Jose Charito Cortez. Jerry Catague.THE FRATERNAL ORDER OF ST. A case has been decided by the Supreme Court. as the case maybe. Ryan Reyes & Marilou dela Cruz 53 . penalties are not denominated as prision mayor. prision maor. Iñigo & Atty Teodoro V. Bu they were merely attempts because it was discovered by the Bureau of Customs. Alex Blaise Cunanan. Jette Roy Sanchez. reclusion temporal. Question: Is there such a crime? Answer: The Supreme Court Ruled that there is none because there is nothing in the Anti-Graft Act which penalizes a mere attempt and Article 6 of the RPC would not apply. Question: Why is it that the attempted and frustrated felonies do not apply to crimes penalized by special laws? Answer: The reason is because of the penalties. The basis for attempted or frustrated is the penalty for the consummated crime – prision correctional. the RPC can still apply to crimes punishable by special laws in a supplementary capacity to provide what is lacking in the special law. The same principle will control with respect to the liability of the accomplices and accessories under Articles 17 to 20. penalties have their own specific nomenclatures. Question: Should the offender be liable for attempted violation? Answer: No. reclusion perpetua. RPC does not apply. If the special law says that the act of doing that is a crime. 1 to 5 years or 9 years. you cannot apply by analogy the attempted or frustrated stage. what will the court do? Answer: Apply the RPC. You can apply it suppletorily because such is not there. The penalties in the RPC are now adopted in RA 7959. 45. Alex Blaise Cunanan. Zaldy Lu. Question: A special law borrows the penalties under the RPC. The perfect example would be RA 7659. then. Exception The exception is if the special law is insufficient and there is no conflict anyway. Question: Suppose a person is convicted of possession of illegal drugs. ACADCOM 2004: Antoinette Principe. Joji Bernadette Ancog. which amended the Dangerous Drugs Act. what will happen to the exhibits? Will it be returned to him? Answer: Of course not. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. the intention is to make the RPC supplementary. Iñigo & Atty Teodoro V. the Heinous Crime Law. Angel Moreover. There is no conflict between them. Confiscation and forfeiture of the proceeds or instruments of the crime. Question: If the law is silent. can there be a penalty for the attempted or frustrated crime? Answer: Yes. medium or maximum period. the Supreme Court said as a general rule the provisions of mitigating and aggravating circumstances do not apply to special laws because they only apply to penalties prescribed by the RPC. Art. After he is convicted . you can now apply the RPC in a suppletory manner.THE FRATERNAL ORDER OF ST. Jose Charito Cortez. unless they be property of a third person not liable for the offense. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. because there are now attempt to borrow the principles in the RPC. — Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the crime and the instruments or tools with which it was committed. Ryan Reyes & Marilou dela Cruz 54 . Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government. but those articles which are not subject of lawful commerce shall be destroyed. Jette Roy Sanchez. Penalties under special laws do not have minimum. Jerry Catague. the provisions of the RPC may be applied in supplementary manner. It should be forfeited be the State. With that. adopting the penalties of the RPC. Those. . . Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. which.Examples are: treachery and recidivism. such as intelligence. but serve only to reduce the penalty. fulfillment of duty or lawful exercise of a right or office.Examples are: relationship and intoxication. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. 5. Justifying Circumstances . Jose Charito Cortez. 4. exceeding the maximum penalty provided by law for the offense. 2.Examples are: incomplete self-defense.Examples are: self-defense. Iñigo & Atty Teodoro V. Alex Blaise Cunanan. intent or negligence. . if present in the commission of a crime. freedom of action. free the actor from criminal liability. Joji Bernadette Ancog. Jerry Catague. Zaldy Lu. Synopsis: Number Circumstance Article 6 Justifying Article 11 7 Exempting Article 12 10 Mitigating Article 13 21 Aggravating Article 14 ACADCOM 2004: Antoinette Principe. Aggravating Circumstances . Mitigating Circumstances .Those grounds for exception from punishment because there is wanting in the agent of the crime any of the conditions which make the act voluntary.Those. the offender had no intention to commit a wrong as that committed. Alternative Circumstances . Jette Roy Sanchez. or negligent. . so that such person is deemed not to have transgressed the law and is free from criminal and civil liability. serve to increase the penalty without. Exempting Circumstances . from the notes of Atty.Those.THE FRATERNAL ORDER OF ST. which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending to the commission. which.Examples are: imbecility and minority 3. Angel Chapter Two JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY Question: What are the five circumstances affecting criminal liability of a person under the RPC? Describe each and cite two examples: Answer: The following are the circumstances affecting criminal liability: RECALL: JEMAA (Memory aid. .Those where the act of person is said to be in accordance with law. do not entirely. Angel) 1. Ryan Reyes & Marilou dela Cruz 55 . however. if attendant in the commission of a crime. except in paragraph 4 (state of necessity/ emergency rule) where the civil liability is borne by the person benefited be the act. Jerry Catague. it is justified. provided that the first and second requisites mentioned in the first circumstance of this Art. are present and that the person defending be not induced by revenge. which. The act is lawful. — The following do not incur any criminal liability: 1. Any person who. That there be no other practical and less harmful means of preventing it. in order to avoid an evil or injury. 4. It is in accordance with law. Second. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. make the act lawful. Ryan Reyes & Marilou dela Cruz 56 . ACADCOM 2004: Antoinette Principe. ascendants. Anyone who acts in defense of the person or rights of a stranger. resentment. THOMAS MORE 3 CRIMINAL LAW 1 – Dean Hildegardo F. in case the provocation was given by the person attacked. provided that the following circumstances concur. First. and the further requisite. does an act which causes damage to another. Justifying circumstances are those. that the one making defense had no part therein. Iñigo & Atty Teodoro V. That the injury feared be greater than that done to avoid it. Any person who acts in obedience to an order issued by a superior for some lawful purpose. Alex Blaise Cunanan. Jose Charito Cortez. or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree. Therefore. 11. 6. Third. if attempting the commission of an act. provided that the following requisites are present. That the evil sought to be avoided actually exists. Zaldy Lu. provided that the first and second requisites prescribed in the next preceding circumstance are present. Angel Alternative Article 15 Art. the act is not a crime. descendants. Reasonable necessity of the means employed to prevent or repel it. Second. or legitimate. 5. Joji Bernadette Ancog. Any one who acts in defense of the person or rights of his spouse. natural or adopted brothers or sisters. Third. First. Question: What is the definition of that? Answer: Well. Jette Roy Sanchez.THE FRATERNAL ORDER OF ST. Anyone who acts in defense of his person or rights. the word justifying is a hint. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. Justifying circumstances. 3. Unlawful aggression. Lack of sufficient provocation on the part of the person defending himself. or other evil motive. 2. provided that the first and second requisites prescribed in the next preceding circumstance are present. Reasonable necessity of the means employed to prevent or repel it. (Recall URL) Elements of defense of relative 1. that the one making defense had no part therein. Iñigo & Atty Teodoro V. provided that the following requisites are present. In case of Provocation was given by person attacked. Zaldy Lu. descendants. Any person who acts in the fulfillment of a duty or in the lawful exercise of a Right or office. are present and that the person defending be not induced by revenge. Any person who. (Recall URP) ACADCOM 2004: Antoinette Principe. 2. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. xxx R 5. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Angel Memory Aid (from the notes of Atty. provided that the following circumstances concur. A 4. Reasonable necessity of the means employed to prevent or repel it. Jose Charito Cortez. First. A 6. Any one who acts in defense of the person or rights of his Relatives such as spouse. Unlawful aggression. resentment. Lack of sufficient provocation on the part of the person defending himself. Jerry Catague. Ryan Reyes & Marilou dela Cruz 57 . does not act which causes damage to another. Third. Any person who Acts in obedience to an order issued by a superior for some lawful purpose. in order to Avoid an evil or injury. ascendants. Anyone who acts in defense of the person or rights of a Stranger. 3.THE FRATERNAL ORDER OF ST. and the further requisite. Anyone who acts in defense of his person or Rights. Angel) Justifying Circumstances D 1. Lack of sufficient provocation on the part of the person defending himself. 2. Alex Blaise Cunanan. S 3. (Recall DR SARA) Elements of Self Defense: 1. Reasonable necessity of the means employed to prevent or repel it. natural or adopted brothers or sisters. 3. Second. provided that the first and second requisites mentioned in the first circumstance of this Art. Teodoro V. or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree. Joji Bernadette Ancog. in case the revocation was given by the person attacked. one defending had no part therein. Jette Roy Sanchez. R 2. or other evil motive. Unlawful aggression. or legitimate. Unlawful aggression. (Recall URN) Avoidance of Greater Evil or Injury E G O 1) Evil sought to be avoided actually exists. Ryan Reyes & Marilou dela Cruz 58 . 2) Injury feared Greater than to avoid it. Joji Bernadette Ancog. Alex Blaise Cunanan. (Recall EGO) Fulfillment of Duty or Lawful Exercise of Right or Office Per Due 1) Accused acted in Performance of duty or lawful exercise of right or office. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Reasonable necessity of the means employed to prevent or repel it. (Recall PerDue) Obedience to Superior Order O P M 1) Ordered issued by superior. Iñigo & Atty Teodoro V. 2) Injury caused as necessary consequence of Due performance of duty or office.THE FRATERNAL ORDER OF ST. Jette Roy Sanchez. Person defending is Not induced by revenge. 2. Jose Charito Cortez. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. 3) No Other practical and less harmful means preventing it. Angel Elements of defense of stranger: 1. Unlawful aggression. resentment or other evil motive. (Recall OPM) ACADCOM 2004: Antoinette Principe. Jerry Catague. 2) Lawful Purpose (or at least patently lawful) 3) Means to carry out order also lawful. 3. Zaldy Lu. murder. Self-defense only applies to crimes against persons. provided that the following circumstances concur. Ryan Reyes & Marilou dela Cruz 59 . Jerry Catague. So. Iñigo & Atty Teodoro V. you are ACADCOM 2004: Antoinette Principe. it is not for the prosecution to prove them. That is why the State has a law enforcement agency. It does not have the manpower to defend everybody 24 hours a day. It is the duty of the State to defend its citizens. Third. Unlawful aggression. Question: Who bears the burden of proof? Answer: Generally. that you are the author of his death (in case of homicide or murder). Give a good explanation as to why you should not go to jail for killing a human being. If in the process. Question: Why does the law allow self-defense? Answer: There are two reasons: a. That is why the Supreme Court said that defense of self-defense should be proved by clear and convincing evidence which is approximately proof beyond reasonable doubt. First. Angel 1. Reasonable necessity of the means employed to prevent or repel it. People believe that the policemen. But the State recognizes the fact that it could not protect everybody 24 hours a day. Anyone who acts in defense of his person or rights. That is tantamount to asking the State to assign one policeman for every citizen. it is the prosecution’s job to prove the guilt of the accused who is presumed innocent. who are supposed to secure. The State cannot afford it. you automatically admit that you killed the other. are the very same people involved in crime nowadays. It is for him to prove these circumstances. or physical injuries. That is impossible. Theoretically. it becomes inevitable for you to disable or kill the attacker. Jose Charito Cortez. if somebody attacks you. it applies to crimes against persons when you are accused of the death of or injuring somebody. Lack of sufficient provocation on the part of the person defending himself. Question: Why? Answer: Because when you invoke self-defense. it is the job of State to protect us. Second. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Therefore. as when you are accused of homicide. We have to be realistic. However. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. But this agency has gained a negative image. That’s why we pay our taxes for peace and order. Meaning. and you claim that you had to do it because you had no choice. the burden is shifted to the accused. Joji Bernadette Ancog. as these are manners of defense. and there is no policeman to defend you. you better justify the death of the victim. you defend yourself. the PNP – to protect the citizens from the assault of others. Jette Roy Sanchez. protect and defend us from criminals. Alex Blaise Cunanan. I had to act in defense of my person.THE FRATERNAL ORDER OF ST. Zaldy Lu. Answer: Aggression. Iñigo & Atty Teodoro V. when there is mutual agreement to fight.THE FRATERNAL ORDER OF ST. The existence of the second and third presume the existence of the first is out. but not your body. if there is no physical aggression to speak of. There can be no selfdefense here because the aggression is verbal. Question: Define aggression. That is really indispensable. has the instinct for self-preservation. it requires the concurrence of these three elements. the State cannot take that against you. Unlawful Aggression Without which. And ob course. i. no one can claim self-defense and each one is susceptible for each one’s injury. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. So. means a physical attack. But the second and third elements cannot exist without the first. B hit back and injured A. ACADCOM 2004: Antoinette Principe. B cannot claim that he acted in self-defense because B was the aggressor. Note: To prove self-defense. uttering derogatory remarks against B. that does not constitute aggression within the meaning of Article 11(1). It is absorb to expect a person not to defend himself when he is under attack because there is a natural instinct for selfpreservation. Ryan Reyes & Marilou dela Cruz 60 . They ended up suing each other for physical injuries. So. Angel not liable because you are only doing what the State should be doing for you. Each one of them files a case against the other for the injuries. the concept of self-defense only acknowledges the natural instincts of man. Zaldy Lu. It is directed against your name or honor. no matter how slanderous. It is recognition of the natural law of self-preservation. the law assumes that there is no mutual agreement between both parties to fight. which is a mitigating circumstance. the defense of both is self-defense. it constitutes an incomplete self-defense. A inflicted injury on B. It is indispensable in the sense that there could be unlawful aggression even without the second and third elements. So. And if either of the second or third elements is lacking. whether animal or plant. Jerry Catague. Every living being. like somebody stabs you or beats you with a club. Example: The people agree to fight and in the course of the fist fight. there could be no self-defense. B inflicted injury on A. as long as there is unlawful aggression. all there are out. cannot cause death or physical injuries. When one claims self-defense. Jette Roy Sanchez. Question: Can B invoke self-defense? Answer: No. CRIMINAL LAW 1 – Dean Hildegardo F. B pleads self-defense. which can cause you injury or even death. Jose Charito Cortez. You only have assumed the obligations of the State. Joji Bernadette Ancog. Note: Remember also the certain important doctrines in self-defense. as contemplated by the law. Alex Blaise Cunanan. THOMAS MORE b. An aggression. For the injury sustained by A. Example: A started to insult B. What the law contemplates is physical attack. Insulting words. So. You have the right to act where you are because you are not the aggressor. The thief hits back at the policeman. Question: How does he arrest the person? Answer: According to the Rules of Court. When both of them became an aggressor against the other. “By agreement”. the arresting officer can use such force as may be reasonably necessary to affect the arrest. if you are brave. ACADCOM 2004: Antoinette Principe. If somebody is going to kill you with a knife. Jette Roy Sanchez. each of them is liable for the other’s injury. A person does not have to be concerned against the wall before he can lawfully defend himself from an unlawful aggression. In fact. if somebody is going to kill you. But if you are already concerned. That is the duty of the policeman. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. the policeman may become an aggressor. ii. The latter should have left the policeman alone. Joji Bernadette Ancog. if you are walking peacefully and here comes somebody who wants to stab you. And because he can force in the process of effecting the arrest. The rule now is maintaining your ground when in the right. If you kill him.THE FRATERNAL ORDER OF ST. If the policeman did not try to arrest him. he would not hurt the policeman. that is the only time you can act. but it is LAWFUL aggression. A verbal agreement is sufficient. One can only act in self-defense if he is concerned. The police are after him. you have no more means of escaping that is the only time you can defend yourself. suppose the police sues him for direct assault. try to avoid him. you still invoke self-defense. no one can claim self-defense. Meaning. which requires you to run away. The thief invokes self-defense. That cannot be! There is aggression. Jerry Catague. There is no rule. The rule is stand ground when you are right. Lawful Aggression Unlawful Aggression Lawful Aggression Example: Aggression by a public officer who is acting in the fulfillment of a duty to effect an arrest. But that concept has already been DISCARDED. there is no obligation to run. Zaldy Lu. so his aggression is lawful in nature. Angel Question: Who is entitled of self-defense? Answer: No one is entitled. Now. do not run away. Jose Charito Cortez. Suppose. 2. here is a thief running with his stolen items. His defense is that the policeman is an aggressor. Iñigo & Atty Teodoro V. means that there is no need of a written contract. Meaning. Ryan Reyes & Marilou dela Cruz 61 . The old concept if self-defense is “retreat to the wall”. It cannot be taken against you. Alex Blaise Cunanan. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. There are two types of aggression: 1. and then when you are already concerned. Wait for him and then defend yourself. This made the drunk to drown and died. Aggression can either be an actual or threatened aggression.THE FRATERNAL ORDER OF ST. Don’t do that. Issue: Was there unlawful aggression? ACADCOM 2004: Antoinette Principe. this drunk passenger started to rock the banca. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. But the drunken passenger continued to rock the banca. Your enemy beat you first. maybe in less than one second. if it does not meet that standard. Meaning. But he surfaced and threatened that he would capsize the banca. Aggression need not be actual. By “unlawful aggression”. If it is actual. after the fiesta in the island. A threatened aggression amounts to actual aggression. That is unlawful aggression. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Once. Alex Blaise Cunanan. The accused warned him. the accused hit this drunken man and the latter fell. to the point that the women and children passengers panicked. In the middle of the sea. you are dead. Joji Bernadette Ancog. some passengers went on board including a drunken man. Iñigo & Atty Teodoro V. So. Angel Unlawful Aggression Example: If you are walking on the street peacefully and here comes somebody with a knife. His occupation is to transport people across a channel. the law does not really require a person to wait before defending himself because it might be too late. if the threatened harm is imminent or on the point of happening. Jette Roy Sanchez. that is the criterion – imminent or at the point of happening. Just like the means of transportation when you go to Samal Island. When the law says “unlawful aggression”. In so saying. Question: But does the law expect the aggression to commence before you can act in self-defense? Answer: No. Jerry Catague. Zaldy Lu. Unless he can point to a law which authorizes him to approach anybody and stab you. he again started to rock it. People vs Cabungcal 51 Phil 803 Facts: The accused is a boatman. The law would be demanding too much if it requires that the person defending must first wait for the aggressor to pull out his gun from his waist before the former can defend himself. So. we might capsize. the accused hit his back with the paddle. Therefore. Jose Charito Cortez. Note: There is no problem if the aggression is actual. it could also be a threatened. it is not unlawful aggression. it means that there is danger to your life and limb. it contemplates of actual aggression or threatened. Question: When does a threatened aggression amount to actual aggression? What is the TEST given by the Supreme Court? Answer: The criterion reached by the Supreme Court is a threatened aggression amounts to actual aggression. Ryan Reyes & Marilou dela Cruz 62 . So. He tries to stab you with it. imminent aggression. it is on going. and B landed on the ground.THE FRATERNAL ORDER OF ST. Is there harm now or on the point of happening? Is there death now or on the point of happening? If the answer is no. The rule to remember is when the aggression has ceased. B claimed that the killing of A is self-defense because it was A who attacked him first. wait there and I will kill you! He’s going to kill you to beat him to it. The conduct of the deceased in rocking the boat until the point of it having taken in water and his insistence on this action despite of the accused warning. Jerry Catague. Example: Suppose A attacked B. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. somebody from below shouts at you challenging you to fight. then the threatened harm does not amount to unlawful aggression. gave rise to the belief on the part of the accused that it would capsize if he did not separate the deceased from the boat in such a manner as to give him no time to accomplish the purpose. Ryan Reyes & Marilou dela Cruz 63 . Zaldy Lu. B stood up. You claim self-defense. That is not self-defense. the accused does not have to wait to find out if the drink passenger was serious or joking. A threatening attitude assaults amounts to actual aggression. When A left. the alleged offender there did not act in defense of his person. If he was able to turn it around. Jose Charito Cortez. Angel Held: Yes. sustaining many blows. Due to the condition of the river at the point where the deceased started to rock the boat. Jette Roy Sanchez. People will start drowning. Example: Suppose. the passengers would run the risk of losing their lives. but also of strangers. It was necessary to disable him momentarily. So. If you will say that the accused will have to wait to see if the drunk will be able to capsize the banca. then. there is no more room for aggression because the danger to life and limb has ended. To tarry for a while might be too late. Another important principle in unlawful aggression is the rule lay down by the Supreme Court that you can only act in self-defense when the aggression is ongoing or about to begin. The most you can invoke there is the mitigating circumstance of sufficient provocation or threat on the part of the offended party immediately preceding the act. getting even. ACADCOM 2004: Antoinette Principe. That is already an actual aggression. you hit back. That is retaliation. It is a future aggression. Question: Is the threatened harm imminent? (Take note that he is still has to go up) Answer: No. B killed A. There will be more dead if the accused waited. the majority of whom were women especially the nursing child. under Article 13(4). You have no right to act now simply because there is a threat. Alex Blaise Cunanan. You killed him first. you are inside your house in the second floor. Joji Bernadette Ancog. they will all die. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. chased A and attacked him. if it had capsize. So. you are running the risk of all possibilities that the banca will sink in the middle of the sea. You are now prosecuted for his death. it is a question of evidence. because there was a threat. Iñigo & Atty Teodoro V. Then A left. the threatened harm is not at the point of realization. But once the aggression has ended and because you wanted to get even. that is no longer self-defense. But from the moment the victim ran away. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. When somebody is trying to hurt or kill me. Joji Bernadette Ancog. by reason of the running away of the unlawful aggressor. For example. But when Alconga gave chase and overtook the victim. and in ACADCOM 2004: Antoinette Principe. he was justified in doing so as he was only acting in selfdefense. Alconga became the unlawful aggressor. overtook and fired the second shot. there was no more room for selfdefense because the danger to Alconga’s life and limb has ceased. and his defense was self-defense. That is not the concept of self-defense. Iñigo & Atty Teodoro V. So. In other words.THE FRATERNAL ORDER OF ST. This made Alconga think that the victim was serious. that when Alconga shot the victim. he started to attack Alconga by hitting him with a cane. Jette Roy Sanchez. because of the rule that you could only act in self-defense while the aggression is still on or going to start. The unlawful aggression has ended and therefore. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Although rape is not considered as a crime against person. there was no more reason for Alconga to fire the second shot. killing the victim. there seems to be two stages of fight: the first stage where victim was the unlawful aggressor. Angel Question: Is B entitled of self-defense? Answer: No. He was the dealer until he noticed that he was losing. But the problem is the “rights”. Alex Blaise Cunanan. Ryan Reyes & Marilou dela Cruz 64 . but against chastity. She is accused of homicide. He had to draw his gun. There is no question about “person”. Question: What are the rights. He suspected Alconga as the one giving the signal to the winning party. If. When the dealer started to hit Alconga. Another point that you will notice in the law of self-defense is that the law says that self-defense applies to anyone whoa acts in defense of his person or rights. he ran away. Note: Rape now is a crime against person. a woman’s right to defend her honor from sexual attack is considered as a right similar to defending one’s person under Article 11(1). Zaldy Lu. Jose Charito Cortez. he was no longer acting in self-defense. She can claim that she acted in self-defense. People vs Alconga 79 PHIL 366 Facts: The victim here was playing cards – blackjack. Alconga started to chase him. Alconga had to run to the bench but the dealer continued hitting him. for example. That is already retaliation. I can act in defense of my person. fired at the dealer and inflicting a wound. Jerry Catague. the danger to Alconga’s life and limb ceased. that constitutes unlawful aggression. What is controversial here is whether the right to protect one’s property can give rise to selfdefense under Article 11(1). a thief or robber tries to run with your wallet or jewelry. So. When the dealer realized that this time he was wounded. at that stage of the fight. a guy is about to rape a woman and the woman killed the would-be rapist. As a matter of fact. Held: There was no self-defense. which can be defended under Article 11(1)? Answer: The right to chastity of a woman. Alconga was accused of homicide. and the second stage where Alconga became the unlawful aggressor because after the first stage was over. Note: This is a stray decision. Suppose a robber entered your house and in getting your property. Jette Roy Sanchez. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Narvaez got his riffle and fired at them. when that same robber saw you. which the corporation wants to get from him. People vs Narvaez 121 SCRA 389 Facts: There was a land conflict between a big corporation and some persons. The reason is simple: the value of property can never be equated to human life. which is supposed to be priceless. Alex Blaise Cunanan. you have to give him your money. he was acquitted. So. The others started to run towards the jeep to get their arms. Narvaez also shot and killed all of them. This should not be considered as the controlling rule because it is in fact an aberration. It cannot be reconciled with the general rule. it must be coupled with an attack on one’s person. This was self-defense. He was charged with homicide and his defense is that there was unlawful aggression against his property. hitting one of the victims. Jose Charito Cortez. Angel order to stop him from running away. Can you now claim self-defense? There was unlawful aggression on your property right because there was an aggression on my property right? Is that a valid defense? Answer: No. One day. Ryan Reyes & Marilou dela Cruz 65 . The aggression against is property was not coupled with an attack against his person. he drew out his knife. because the attack or aggression on your property was coupled with an attack against your person. Question: But suppose. So. Zaldy Lu. But there was no danger to his life. he started to run away. but the assault or attack on one’s person. defense of property can give rise to self-defense under Article 11(1) only if the attack on one’s property is coupled with an attack on his person. after sleeping inside the house. because there is no assault on your person. Question: Are you entitled to self-defense? Answer: Yes. The act of the victims in ordering the fencing of the home and rice mill of Narvaez constitutes unlawful aggression against his property. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. He had a house and a rice mill. Held: Strangely. Are you acting in self-defense? Answer: No. Iñigo & Atty Teodoro V. They were putting up a fence around the property. Joji Bernadette Ancog. What justified killing is not the assault on the property right.THE FRATERNAL ORDER OF ST. you shot him. he tried to kill you killed him first. he woke up and saw men hammering away. Like for example. Jerry Catague. a robber tried to get your money and when you tried to resist. but when he was about to jump the window. you shoot him to death. one of whom was Narveaez. So. ACADCOM 2004: Antoinette Principe. based on the circumstances of time and place. could you say that the reaction of the person is reasonable? Answer: Yes. then you turned around and threw a punch on his face because he might attack you. Question: If somebody is walking in a very dark street which is a very dangerous area. does it authorize you to use your gun? It is unreasonable for a person. you cannot expect him to think coolly and to choose what kind of weapon to use. there is no proportion between the weapon used by the aggressor ACADCOM 2004: Antoinette Principe. Jette Roy Sanchez. and when a person is under unlawful aggression. you must use reasonable means. It is not perfect equality but reasonable. considering the fact that when a person is under attack. and he responded by hitting his attacker. A gun is more powerful than a bolo or knife. Question: How do you determine the reasonableness of one’s reaction to the aggression? Answer: It depends on the factors. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. But in either way. It depends on the circumstances of the person. for example. This does not mean to say that you should not use a gun because the aggressor is attacking you only with bolo or knife. That is too much! Obviously. and all of the sudden somebody in the dark held him tightly at the back. you are inside the classroom. But. That is a different story. time and place. Example: Somebody attacks you with sticks. while being attacked by somebody with a Chaco. He touched you. Jerry Catague. Angel Reasonable Necessity of the Means Employed to Prevent the Aggression Question: What do you prevent? Answer: You prevent an actual aggression. but you are now placed in danger because of the aggression. Reasonableness of the weapon used: The law does not require perfect equality of weapons. to use an M206 submachine gun to defend himself. Ryan Reyes & Marilou dela Cruz 66 . The weapon used to defend is also reasonable. Iñigo & Atty Teodoro V. Alex Blaise Cunanan. instinctively he will use the first available means at his disposal to defend himself. and 2. What the law requires is reasonable equality. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Jose Charito Cortez. Question: What do you mean by reasonable means? Answer: Reasonable means refer to two means: 1.THE FRATERNAL ORDER OF ST. That is not reasonable. Zaldy Lu. Course of action taken by the offender means his conduct and response to the occasion whether your reaction is reasonable or not. and then you feel somebody behind you. You repel a threatened aggression. Joji Bernadette Ancog. The course of action taken is reasonable. There are seven who maul you. Here. Not all things are being equal. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. The weapon used by the aggressor is not sufficient to kill. you might have the chance with a club. if somebody attacks you with a knife. Lack of sufficient provocation on the part of the person defending himself. there are other factors. Question: What is that called? Answer: The Number of Aggressor Rule. Iñigo & Atty Teodoro V. Or you are attacked by seven men. Question: When we say reasonable means. not perfect equality. that is reasonable. Zaldy Lu. using a club as against a Chaco. you are not required to use fist. Alex Blaise Cunanan. and you use a knife against them.THE FRATERNAL ORDER OF ST. are we referring to weapons? Is this the only factor? Answer: No. Ryan Reyes & Marilou dela Cruz 67 . you may use a club. will have to consider the number of aggressors. Example: You were attacked by fist blows and you used a knife or club to defend yourself. It is reasonable for you to use a club because considering the relative strength. ACADCOM 2004: Antoinette Principe. Size So. one-by-one. you cannot say that the means is reasonable because his knife is larger. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Jerry Catague. So. and you are alone. suppose the aggressor who attacks with a fist is Manny Pacquiao. Power The law says the means is reasonable if a gun is used to defend yourself from somebody who attacks you with a knife. You say that is reasonable because a gun is more powerful against a knife. You also consider the following :  The size or power of the weapon  The character of the parties  Their relative standing. too. Why will you use a weapon that can kill? However. reasonableness of the weapon is not only measured by – using a knife as against a fist. A knife can also kill especially if the assailant succeeds. Character of the parties and their relative standing. Jose Charito Cortez. and then you defend yourself also with a knife. and yours is shorter. But all things being equal. But when five or ten people attack you with their fists. Joji Bernadette Ancog. Reasonable equality. that is true. Maybe it is unreasonable to use a knife when somebody attacks you with a fist. IT might be unreasonable because you should also use your fist. that is the balance. You. Jette Roy Sanchez. Angel and the one used by the person defending himself. Angel If you are a victim of unlawful aggression. Question: What are the principles to be remembered under the 3rd element? Answer: First. I provoked you and because of that provocation you attack me and I have to defend myself with reasonable means. Alex Blaise Cunanan. Jette Roy Sanchez. Question: How do you determine the sufficiency or insufficiency of a provocation? Answer: The guide there is the provocation that you gave is such that is normal and natural for him to react by becoming an unlawful aggressor. I can still plead self-defense because the reaction is not commensurate with the provocation.THE FRATERNAL ORDER OF ST.. you react immediately. but instead killed him. Question: Can I claim self-defense? Answer: Yes. he started to attack me. even if he gave provocation. So. the law allows him to plead self-defense because. he watched out him to pass by. Jose Charito Cortez. The accused was only asked. Joji Bernadette Ancog. One day. There was total absence of any provocation. When the landowner saw the trespasser. Second. I cannot claim self-defense because I am also at fault. somebody attacks you. he would not have been killed. Question: Was there sufficient provocation? Answer: Maybe yes. it is not commensurate with the reaction on the attacker. the person defending himself might have given sufficient provocation. but that is not sufficient for a trespasser to kill the owner. If the landowner did not confront the accused. Meaning. Ryan Reyes & Marilou dela Cruz 68 . Does this mean that the landowner had no right to ask a trespasser? The landowner could have given the provocation. So. it does not justify you start to kill me. Iñigo & Atty Teodoro V. if I uttered a remark. the person defending himself might have given some provocation but it is not sufficient. A today. Then. there was no provocation at all on the part of the person defending himself. he can still invoke self-defense. but his provocation was not immediate to the act of aggression. a landowner saw somebody trespassing on his land. is not sufficient. because the provocation was not proximate or immediate to the act of aggression. Without doing anything. IT is different if I provoke you now. which is annoying or irritating. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Third. I have to defend myself. You are partly to blame for the other party’s reaction. when we met at San Pedro St. but he did not react. You are also at fault. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Example: I provoked Mr. ACADCOM 2004: Antoinette Principe. after six months. assuming there is one. In the sense. because you gave sufficient provocation. Zaldy Lu. still you cannot claim self-defense if you were the cause of the aggression. Jerry Catague. Example: Like in one case. he asked why are you passing by my property? Who gave you the permission? The guy did not answer. even if you defend yourself reasonably. And the landowner has the right to ask him. So. or legitimate. when Alconga fought back and the deceased realized that he was wounded. So. Either way. or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree. and then you attack me one year from now. could be a provocation on my part in order for you to also become an aggressor. Iñigo & Atty Teodoro V. So. and the further requisite. Jose Charito Cortez. Joji Bernadette Ancog. The deceased attacked Alconga with a club. there is no reason why you cannot act for the defense of your relatives. Ryan Reyes & Marilou dela Cruz 69 . natural or adopted brothers or sisters. there is no self-defense because of the absence of the 3 rd element. the deceased is the unlawful aggressor. who is now accused. and I kill you. Why did Alconga want to kill him? It was because he wanted to kill Alconga at the first stage of the fight. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. If you act for the defense of yourself. in case the revocation was given by the person attacked. That is very illustrated in the case of Alconga. descendants. Note: Three is a close co-relation between the first and the third elements – unlawful aggression and lack of sufficient provocation. sufficient provocation. You cannot invoke the provocation I gave last year to defeat my claim for self-defense. that the one making defense had no part therein. still he cannot claim self-defense because this time. My aggression. provided that the first and second requisites prescribed in the next preceding circumstance are present. When I attack you that could be a provocation on my part for you to be also aggressor against me. if that was what happened that Alconga was the deceased and the deceased was the accused and latter invokes self-defense. Then. An aggression may also be a provocation. I gave a provocation now. Alex Blaise Cunanan. Question: Can the victim. ascendants. It is convertible. Alconga could claim self-defense. Zaldy Lu. That is based on two reasons: humanitarian and blood ties. 2. Jette Roy Sanchez. Angel Meaning. Question: Who are considered your relatives? ACADCOM 2004: Antoinette Principe. there is the absence of the 3rd element. Jerry Catague. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. But id I gave a provocation now. the deceased run away.  Was there lack of sufficient provocation on the part of the person defending himself?  No. I can claim self-defense.  Did he use reasonable means to kill Alconga?  We will assume that.THE FRATERNAL ORDER OF ST. claim self-defense? Answer:  Was there unlawful aggression by Alconga?  Yes. which should work against me. So. That is called the justifying circumstance on DEFENSE OF RELATIVES. That is how you correlate those two elements. his aggression earlier became a provocation on his part in the second stage of the fight. there is no more aggression but Alconga pursed him and killed him. You attack me and I kill you. he went after the man to kill him. Alconga was accused for the death of the victim. Any one who acts in defense of the person or rights of his spouse. In case your father or brother gave the provocation to attack. you cannot claim defense of relatives. Alex Blaise Cunanan. So. it will not prejudice you. you can still defend him if you are not part of the provocation. within same degrees. all the more that you can legally defend him: it’s better that your brother has not provoked anybody and is attacked.THE FRATERNAL ORDER OF ST. you can defend him. The one making the defense had no part therein. Jose Charito Cortez. and you came to aid to finish off his opponent. 3. Your relative must be a victim of unlawful aggression If your relative is the aggressor. you see him being attacked and you came to help him that constitutes defense of stranger. and your brother or father attacked. 2. Ryan Reyes & Marilou dela Cruz 70 . or other evil motive. Iñigo & Atty Teodoro V. resentment. Jerry Catague. But if your brother or your father provoked somebody. if you defend a relative in the 5th civil degree that is already a stranger. he cannot invoke complete self-defense because his provocation will prejudice him. Angel Spouse Ascendants Descendants Brothers and sisters. Anyone who acts in defense of the person or rights of a stranger. If your brother has not provoked anybody and is attacked. illegitimate. ACADCOM 2004: Antoinette Principe. While he may not act in lawful self-defense. you may still act in lawful defense of relative because what is important is that you have no part in the provocation. like: o Parents-in-law o Son-in-law o Daughter-in-law o Brother-in-law Relatives of consanguinity within fourth civil degree Question: What are the elements? Answer: 1. stranger is practically the human race. Briefly: Defense of Strangers Question: Define a stranger. Joji Bernadette Ancog. Zaldy Lu. 3. So. even if it prejudices him. However. If you have a best friend. The word “stranger” is not literal as somebody who is unknown to you. provided that the first and second requisites mentioned in the first circumstance of this Art. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. natural or adopted Relatives by affinity. THOMAS MORE Answer: They are:       CRIMINAL LAW 1 – Dean Hildegardo F. You have also to use reasonable means – reasonable necessity of the means employed to prevent or repel the aggression. Answer: A stranger is a person who is not among the relatives in paragraph 2. The law dies not say that your relative must be the provocator. are present and that the person defending be not induced by revenge. Jette Roy Sanchez. whether legitimate. If you stopped. Jerry Catague. does not act which causes damage to another. observing traffic rules and regulations. what differs this is third element. If the injury is greater than that done – injury feared in death. the law allows you to do it for others.THE FRATERNAL ORDER OF ST. That’s a noble principle. it was apparent that I was induced by revenge. Let us assume these things are established because these are matters of evidence. Briefly. Iñigo & Atty Teodoro V. Reasonable necessity of the means employed to prevent or repel the aggression 3. Any person who. my keeper. Angel Question: Why? What is the principle behind defense of stranger? Answer: Humanitarian reasons. Unlawful aggression 2. You were not induced by revenge. That all of a sudden in front of you is an over speeding 6x6 truck straight to your direction. You are driving your car in the highway. The only alternative is to turn right. My fellowmen. Examples: 1. resentment. you will fall into a cliff and surely you will die. In order to avoid evil or injury to yourself. this is justifying circumstance of State of Necessity or the Emergency Rule. or other evil motive. But if you turn left. 4. You really did it to defend the stranger. It means that you were motivated by humanitarian sentiment. That the person defending be not induced by revenge. you could invoke the emergency rule or state of necessity. Zaldy Lu. provided that the three requisites are present. The elements are the same with the two first elements of self-defense. resentment. ACADCOM 2004: Antoinette Principe. he was attacking somebody. you commit acts which would also injure others. What you can do for yourself. there are people who will surely be ran over. or damage to the property of another. you will be killed. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Question: Am I entitled to complete defense of stranger? Answer: No. resentment or other evil motive. Jose Charito Cortez. You only recourse is to turn left or right to avoid collusion. Jette Roy Sanchez. You are confronted with a situation where you are left with no choice because either way you do it. you have to adopt the only remaining alternative through which you can save your own life and for the death or injury to those people that you would run over. Example: I am looking for my enemy because I want to kill him and then when I saw him. injury. provided that the following requisites are present. so I entered the scene and killed him. but by turning right. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Alex Blaise Cunanan. in order to avoid an evil or injury. Ryan Reyes & Marilou dela Cruz 71 . What will you do? If I will drive on you will be squashed to death. Since you have no choice. So. or other evil motives. Joji Bernadette Ancog. you also cause him harm. 1. actually it was just coincidence that my enemy was attacking a stranger and since the aggressor was my long time enemy. Arresting officers. the person who successfully invokes and proves any of the justifying circumstances under Article 11 does not incur any criminal liability. Alex Blaise Cunanan. To save more properties from fire. the cargoes will be jettisoned. injure and then the person arrested sues the policeman for physical injury or even homicide. One who causes the emergency rule has no right to invoke the emergency rule. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. This paragraph is where there is no criminal liability to be borne by the persons benefited by the act. Normally. Angel But suppose. Like a person who is over speeding and saves his life by killing somebody. Jette Roy Sanchez. That the accused acted in the performance of a duty or in lawful exercise of a right or office. 5. In the fulfillment of duty The best example for this is applicable to law enforcement officers because in the performance of their duty. That the injury caused or the offense committed be necessary consequences of the due performance of a duty or the lawful exercise of such right or office. a property will be sacrificed – destroy three or more houses to save fifty houses. As we shall see later. I am also over speeding and even if I apply brakes. 2. Jerry Catague. Ryan Reyes & Marilou dela Cruz 72 . but actually. 3. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. who authorized to employ reasonable force sometimes. To save a vessel and people’s lives. it talks of three separate and distinct justifying circumstances:  One who acts in the fulfillment of duty  One who acts in the exercise of a right  One who acts in the exercise of an office Question: What are the requisites? Answer: 1. they can hurt people.THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. This provision is short. He wanted to avoid collision. Note: No one can invoke emergency rule if he brought out the emergency himself. Joji Bernadette Ancog. ACADCOM 2004: Antoinette Principe. but there is civil liability. Jose Charito Cortez. I will still collide with the truck. 2. Then I cannot avail of this rule in case I injure or kill somebody because the emergency rule cannot invoke by the person who caused the state of emergency. this is the only justifying circumstance where there is no criminal liability. Iñigo & Atty Teodoro V. Zaldy Lu. He is not entitled to the rule because he is the one who brought out emergency himself. and even as expressed in Article 101 of the RPC. A policeman cannot simply commit homicide when there is no need for him to kill person to be arrested. He was accused of homicide. That showed his determination not to surrender.THE FRATERNAL ORDER OF ST. In that case. There is no other way of catching him alive and the only way is to kill him. Delima had to shoot him. But in the fulfillment of a duty. The ruling in Alconga was based on the fact that in self-defense. then you cannot claim that it is a fulfillment of a duty because your act is improper. But take note that in order to avail of this justifying circumstance. it must be established that is a proper fulfillment of duty. the law enforcement officer himself maybe the aggressor. he cannot be held liable for any injury sustained by. The use of force may be improper if the person to be arrested is peacefully surrendering. Jose Charito Cortez. but for as long as the exercise of his duty is proper. As a matter of fact. the law recognizes that in the fulfillment of duty. There was no other way of apprehending the victim and the latter showed that he was resisting the arrest. there is no need to use force. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. The court ruled there that Alconga was liable. Joji Bernadette Ancog. there is no more unlawful aggression? Question: Is there a conflict between Delima and Alconga ruling? Answer: There is no conflict because Alconga case was decided under paragraph 1 on self-defense. Alex Blaise Cunanan. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Jette Roy Sanchez. if the guy is surrendering. Jerry Catague. When he tried to apprehend the convict. In the case of Alconga. The Rules of Court requires that the use of force must be reasonable. People vs Delima Facts: Policeman Delima is tasked to arrest a dangerous escapee-convict. or death of the person arrested. Iñigo & Atty Teodoro V. Moreover. the Delima case is decided under paragraph 5. on fulfillment of duty. This Delima case is often confused with the Alconga case. Angel Question: What would be the defense of the policeman? Answer: He acted in fulfillment of his duty. paragraph 5 does not require that the person fulfilling his duty must be the victim of an unlawful aggression. Zaldy Lu. Issue: WoN Delima is liable for homicide. Ryan Reyes & Marilou dela Cruz 73 . That’s why since there was no more unlawful aggression. he was chased and killed by Alconga. the victim was already running away. There can be no self-defense without unlawful aggression. if the person who surrendered sues you for using force against him. As a matter of fact. Held: He is not liable because he acted in the fulfillment of duty to arrest the convict. That is why there is really no conflict between ACADCOM 2004: Antoinette Principe. the latter fought back with a sharpened bamboo pole. and so. he attacked Delima earlier and he was running away. But the policeman was able to evade the attack and the convict turned around and ran away. Alconga cannot invoke selfdefense. he was taking with him the bamboo pole. So. How come here in this case the ruling is different when the facts are identical because here the victim was also running away. for example. there is need for unlawful aggression. So. the fulfillment of duty would be improper. Alex Blaise Cunanan. when the accused can prove. there is no such thing as defense of property. Zaldy Lu. due exercise of a right. you don’t give up to the policeman has no choice. Question: If. Joji Bernadette Ancog.THE FRATERNAL ORDER OF ST. but he could also claim fulfillment of duty. Art. I can invoke selfdefense. under selfdefense. what is your defense? Answer: The right to defend your property. 429. For example. But he can still rely on paragraph 5 – fulfillment of duty. Jose Charito Cortez. Question: What law gives the right to an owner or possessor of a property to defend his property when he is unjustly attacked? Answer: The Civil Code. which is called as the Doctrine of Self-Help. so he killed you. do you have the right to drive them out? Answer: Of course! Question: If you are sued by these people for driving them out. the policeman killed you. You chased him. the policeman is going to arrest you and then you tried to kill him. What is the difference? As a matter of choice. there must also be an attack on your person and if there is none. instead you invoke paragraph 5 because you are acting in the exercise of a right. the use of force to defend your possession of property must be reasonable. In the exercise of a right Question: Is there such a thing a self-defense of property? Answer: Under paragraph 1. But take note. Ryan Reyes & Marilou dela Cruz 74 . instead of surrendering. (n) A lawful owner of a property has the right to defend his possession of the property and for this purpose he may use such force as may be reasonably necessary in order to prevent or repel an actual or threatened invasion of his property. That is not one of the rights contemplated under paragraph 1. under Civil Code. But do not invoke Article 11(1). a pickpocket grabbed your expensive watch. he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. Jette Roy Sanchez. because in order to invoke self-defense of property. The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. there is none. For this purpose. For example. Iñigo & Atty Teodoro V. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. But there is such an animal as defense of property under paragraph 5. Jerry Catague. a group of people is going to forcibly occupy your land. Angel the two rulings because the philosophy behind self-defense is not the same as the philosophy behind the fulfillment of a duty. But when you turn your back and run away. So. for example. In order to prevent ACADCOM 2004: Antoinette Principe. Now this paragraph 5 is the real law on self-defense of property. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Self-defense is not anymore there. You are able to recover your watch. say 12:00 noon. Jose Charito Cortez. Angel him from escaping. Ryan Reyes & Marilou dela Cruz 75 . That is improper because the President might grant him pardon or commutation of the sentence. he may use such reasonable force to prevent or repel an actual or threatened unlawful physical invasion or usurpation of his property. Question: Can he invoke paragraph 5 that he acted “in the exercise of his right”? Answer: No. But. Question: Is it reasonable for the owner of the watch to immobilize the thief by shooting him in the leg so that he cannot run? Answer: Yes. For example. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Your watch was taken from your wrist. So. Iñigo & Atty Teodoro V. take note paragraph 5 says “in lawful exercise xxx office”. It was not reasonable for the owner of the watch to kill the thief to recover the watch. Since you cannot overtake him and in order to prevent the thief from running away with your watch. In the exercise of office Question: What is the example? Answer: Executioner of the National Bilibid Prison. Joji Bernadette Ancog. That is based on the principle that no one is justified to take life simply because of property. you shoot him in the body and killed him. as it is not covered. you can invoke paragraph 5 as a defense. But if you execute him on time. That is your job. because while under paragraph 5. Question: Suppose you are the official executioner. Let us change the story. He sues you for physical injuries for the wound you inflicted in his leg. the execution is at 3:00 pm. You are the one assigned to condemn the convict to death by electrocution or lethal injection. you say that you acted in the exercise of a right to prevent or repel the act of the victim in getting your property. the exercise of an office must be proper. the law requires that in doing so. So. You are an executioner. The convict died. the owner or possessor of a property has the right to exclude any person from enjoyment or disposal of his property. So. and you are charged with homicide.THE FRATERNAL ORDER OF ST. in relation to Article 429 of the Civil Code. Alex Blaise Cunanan. now you are sued. ACADCOM 2004: Antoinette Principe. Question: What will be your defense? Answer: Do not invoke self-defense. Jette Roy Sanchez. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. What is you defense? Answer: That you acted in the lawful exercise of an office. the thief was able to run away. As a result of which he could no longer run. you drew your gun and shot him in the leg. Do not execute him at any other time. Jerry Catague. Zaldy Lu. That is not a valid defense. and 3. Alex Blaise Cunanan. going back to the whole Article 11. 2. Jette Roy Sanchez. Ryan Reyes & Marilou dela Cruz 76 . If you are a subordinate. Zaldy Lu. and the means to carry out the order must be lawful. You have to save his life by amputating his leg and after that the patient sued for the crime with Mutilation of second type. The best examples are people in the military or police. you followed the order it turned out to be illegal. The act is in accordance with law. The Supreme Court said that the order must be lawful or at least prima facie lawful. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Your defense is that you are just following the order of a superior officer. Iñigo & Atty Teodoro V. That an order has been issued by a superior. They are normally following orders. Now. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Any person who acts in obedience to an order issued by a superior for some lawful purpose. ACADCOM 2004: Antoinette Principe. you have to amputate the leg of a patient because of gangrene. Requisites: 1. which is punishable by the RPC. That such order must be for some lawful purpose.THE FRATERNAL ORDER OF ST. the accused does not incur criminal liability and obviously. you were just ordered by a superior. Jose Charito Cortez. it follows that is the act is in accordance with law. Question: What is the surgeon’s defense? Answer: That he was in the lawful exercise of his office. Question: So. That the means used by the subordinate to carry out said order is lawful. Jerry Catague. The condition is that the order must be lawful. he is not also incur any criminal or civil liability. Angel Another example: As a surgeon. 6. you are being sued. except in paragraph 4 (state of necessity) where there is civil liability. what is the basis for not being criminally liable? Answer: That the act is justified. If that is so. Joji Bernadette Ancog. This is known as the exempting circumstance of IMBECILITY or INSANITY. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. This qualification applies only to insane people. Question: What is imbecility? Answer: It is a condition of the mind where the offender might be advance in age but the mental development is comparable to that of a child between two and seven years of age. unless the latter has acted during a lucid interval. Question: What is the presumption? Answer: The presumption is he is insane. Insanity lays down a condition: unless the insane person has acted during a lucid interval. since there is the absence of any of these. through and through. or without freedom. Joji Bernadette Ancog. And therefore.THE FRATERNAL ORDER OF ST. Question: What is the definition of insanity? ACADCOM 2004: Antoinette Principe. Alex Blaise Cunanan. Whereas. Ryan Reyes & Marilou dela Cruz 77 . 12. An imbecile or an insane person. Question: What is the basis of paragraph 1? Answer: Complete absence of intelligence. When the imbecile or an insane person has committed an act which the law defines as a felony (delito). When you are an imbecile. You cannot be a retarded person now. Angel Exempting Circumstances Question: What is the essence of an exempting circumstance? Answer: An exempting circumstance is a circumstance which. or without intent or negligence. if present in the commission of a crime. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Jerry Catague. the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted. there are types of insanity where there is some period of time when he is normal ad if the insane person commits a crime at the time he is normal he is liable. not imbecile. Circumstances which exempt from criminal liability. there is no such thing as lucid interval. But it can be rebutted by evidence that he acted during a lucid interval. Zaldy Lu. He is not criminally liable for the crime committed because when he committed the felony. makes the offender exempt from criminal liability. the felony was not committed with voluntariness. You are an imbecile all your life. he acted without intelligence. Iñigo & Atty Teodoro V. — The following are exempt from criminal liability: 1. which he shall not be permitted to leave without first obtaining the permission of the same court. then tomorrow you are normal. Jose Charito Cortez. Art. Jette Roy Sanchez. People vs Dungo 199 SCRA 660 Under foreign jurisdictions. which is manifested in language or conduct. of disease or defect of the brain or a more or less permanently diseased or dishonored condition of the mentality. as defined above. He pleaded insanity as a defense. because the condition of the mind is not the same. inhibition. He cannot resist the urge to commit a crime because he has no power to choose. Iñigo & Atty Teodoro V. his free agency being at the time destroyed. but the legal concept of insanity is the inability to distinguish what is right from what is wrong. the existence of which no rational person would believe. he has lost the power to choose between right and wrong. An insane person believes in a state of things. Angel Answer: It has a medical definition. Jose Charito Cortez. Issue: WON he is liable or not. Jette Roy Sanchez. to avoid the act in question. there are three major criteria in determining the existence of insanity: 1. People vs Mancao 49 PHIL 887 Facts: This is a case involving an epileptic. Delusion Test – insane delusion is manifested by a false belief for which there is a number of reasonable basis and which would be incredible under the given circumstances to the same person if he is of compos mentis (of sound mind). But the Supreme Court adopted a definition from the Revised Administrative Code. He cannot distinguish what is right from wrong. Joji Bernadette Ancog. 3. which states that insanity is a manifestation in language or conduct. Ryan Reyes & Marilou dela Cruz 78 . and characterized by perversion. Right and Wrong Test – A person is insane when he suffers from such perverted condition of the mental and moral faculties as to render him incapable of distinguishing between right and wrong. is evidenced by a deranged and perverted condition of the mental faculties. But from the point of view of the law. there is no definite criterion for insanity. In other words. Section 1039. Alex Blaise Cunanan. ACADCOM 2004: Antoinette Principe. During the influence of an epileptic fit. he can distinguish between right and wrong. or dishonored function of the sensory or of the intellective faculties. functional or organic. he attacked the victim. An insane person has no full and clear understanding of the nature and consequences of his act. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Jerry Catague.THE FRATERNAL ORDER OF ST. Insanity. Held: Epilepsy is not insanity from medical point of view. He committed a crime. but he has lost the power to choose. Irresistible Impulse Test – A person acts under an irresistible impulse when by reason of duress or mental disease. 2. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. although he recognizes the different between right and wrong. Zaldy Lu. that is precisely the concept of insanity. In the Philippines. or by impaired or dishonored violation. must have committed the crime at the very moment that he was under the influence of an epileptic fit. Note: See R. you are liable. There are also types of insanity where there are no lucid interval. There are types of insanity where the doctor will say that he is insane for a certain time and for another time. it appearing that the act was committed while in a dream. 9344 on the latter part of this transcription 3.A. A person over nine years of age and under fifteen. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. while sleeping. like the waves. -paragraph 2 . such minor shall be proceeded against in accordance with the provisions of Art. Jerry Catague. shall commit him to the care and custody of his family who shall be charged with his surveillance and education otherwise. Alex Blaise Cunanan. At the last quarter. that the epileptic. the court. even if you are medically insane. 80. (note: obsolete) Paragraph 2 and 3 are identical. high tide if full moon. wounded her and also attack other persons. There must be scientific explanation in that. Joji Bernadette Ancog. even is he is an epileptic. in which case. to be exempt form liability.THE FRATERNAL ORDER OF ST. If they are in their lucid interval. There are persons who are not normal during full moon – lunatics. This is called the exempting circumstance of MINORITY. How come some persons during those periods manifest some kind of lunacy? 2. The mind is affected by the movements of the moon. A person under nine years of age. Iñigo & Atty Teodoro V. he is normal. -paragraph 3 – a person over nine years of age and under fifteen ACADCOM 2004: Antoinette Principe. Jose Charito Cortez. got up.a person under nine years of age. Got a bolo and upon meeting is wife tried to stop him. Under the law. they are liable because during that period they are sane and therefore they can distinguish what is right from what is wrong. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Angel It is important to note. Held: He is not criminally liable. The lucid interval is the period of sanity. he lack intelligence. in conformably with the provisions of this and the preceding paragraph. he is not exempt from liability if he did not commit the crime during an epileptic attack. they become normal. People vs Tanco 58 PHIL 255 Facts: A somnambulist or sleepwalker. unless he has acted with discernment. he shall be committed to the care of some institution or person mentioned in said Art. however. if you commit a crime during lucid interval. He is covered by the term “insanity” because at the time he committed the crime. Otherwise. Zaldy Lu. 80 of this Code. When such minor is adjudged to be criminally irresponsible. Jette Roy Sanchez. Ryan Reyes & Marilou dela Cruz 79 . Question: Who will prove that? Answer: The rule is that it is for the prosecution to prove that he acted with discernment because the presumption is he did not act with discernment. as interpreted by the SC. At the age of eight. there is a conclusive presumption of law that when a minor is nine or below. is he exempt? Answer: This time it is conditional. Alex Blaise Cunanan. If the child is 9 or below. ACADCOM 2004: Antoinette Principe. But the prosecution would insist that it has proven that the boy knows what is right and what is wrong. he is exempt. Question: Is that allowed? Answer: NO. he already wrote a book on ethics. Insofar as the 2 nd paragraph is concerned. But the presumption can be overcome by proof of discernment. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. He cannot distinguish right from wrong. the child is a wonder boy. the rifle was discharged and exploded fatally hitting the playmate. Joji Bernadette Ancog. That is conclusive and cannot be overcome. There was no dolo there. Jerry Catague. Ryan Reyes & Marilou dela Cruz 80 . Iñigo & Atty Teodoro V. since the prosecution admits there was no criminal intent. It was for the prosecution to allege that he acted with discernment in order to hold him liable. the exemption is binding. or he is a chess grandmaster. he is liable. Question: What does “acting with discernment” mean? Answer: Discernment means the mental capacity of the minor to distinguish what is right from what is wrong. Otherwise. therefore he is exempt. whose mental development is advanced and so can distinguish between a minor who is mentally advance and one who is not. So. because. Accidentally. he is under the 2nd paragraph. “under nine” means nine years old or below. He contended that he should be exempt because. as a minor. he has no intelligence. Jette Roy Sanchez. And therefore. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Of course. Zaldy Lu.THE FRATERNAL ORDER OF ST. if he is exactly 9. ALMODOVAR 196 SCRA 476 Facts: Guevarra was an 11-year old kid who was playing a rifle with a playmate. he is exempt. So. not exempt. That is conclusive and cannot be changed anymore—complete exemption. Angel Question: When a minor is exactly nine years old. The minor is exempt unless he acted with discernment. Suppose. then that is an admission that he acted without discernment because if there is no criminal intent. automatically there is no discernment. he did not act with discernment. if the minor did not act with discernment. Jose Charito Cortez. there will be a vacuum. When the prosecutor charged him with reckless imprudence resulting to homicide. If he acts with discernment. GUEVARRA vs. that is an automatic admission by the prosecution that there was no criminal intent on his part. He was charged with reckless imprudence resulting to homicide. he did not really intend to kill his playmate. Where will he fit-the 2nd or 3rd paragraph? Answer: The Supreme Court said he falls under paragraph 2. Question: Suppose the minor is over 9 up to exactly 15. Ryan Reyes & Marilou dela Cruz 81 . 80 is repealed by PD 603) Meaning. Therefore. Angel Issue: Is the term “discernment” synonymous with “intent”? (Such that if there is no intent. I did not shoot you intentionally. (ART. However. “discernment” conveys thoughts.THE FRATERNAL ORDER OF ST. the purpose of the mind including such knowledge as is essential to such intent. it is necessary that the minor between 9 to15 be possessed with intelligence in committing a negligent act. freedom of action and negligence. then he intended such act to be done. Alex Blaise Cunanan. In felonies committed by means of culpa. and intelligence being the other two. intelligence remains as an essential element. while the latter (discernment) relates to the moral significance that a person ascribes to the said act. causes an injury by mere accident without fault or intention of causing it. thus did not intend to shoot him. Jerry Catague. and at the same time recognize the undesirable result of his negligence. intelligence and intent. He may negligently shoot his friend. Discernment is not equivalent to intent.intelligence. 5. discernment is part of intelligence. intelligence is in the mind. Intent is wanting in such felonies. therefore. that since a minor over 9 but under 15 acted with discernment. Joji Bernadette Ancog. and discernment is embraced in intelligence. It is not correct. there is no discernment) Held: The word “intent” has been defined as a determination to do a certain thing. Intelligence embraces the concept of discernment. And there are three things there to make the act voluntary— freedom. Jette Roy Sanchez. Intent is in the mind. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Any person who act under the compulsion of irresistible force. Zaldy Lu. It is this intent which comprises the third element of dolo as a means of committing a felony. to argue as accused-petitioner Guevarra does. or the design. While both are products of the mental processes within a person. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. To be liable. Any person who. Hence. freedom. while performing a lawful act with due care. That is what is meant by discernment-you know what is wrong. three elements are indispensable. On the other hand. ACADCOM 2004: Antoinette Principe. but I’m aware that what happened is wrong. a person may not intend to shoot another but may be aware of the consequences of his negligent act which may cause injury to the same person in negligently handling an air rifle. 4. Intelligence which includes discernment is a distinct element of dolo as a means of committing an offense. Iñigo & Atty Teodoro V. he must discern the rightness or wrongness of the act. Therefore. But you did not intend it to happen. resolve with which a person acts. Jose Charito Cortez. the former (intent) refers to the desired effect of one’s act. an aim. Jerry Catague. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Iñigo & Atty Teodoro V. there is intent. Upon hearing the shooting. That is NOT covered. but through threat or intimidation. (iii) that the physical force must come from a third person. An act done against my will is not my act. he was seen by the leader of the band. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. The basis of paragraph 5 and 6 is the absence of freedom of action. the offender was compelled to commit a crime through the use of physical force. the manner by which he was compelled to commit a crime was not through force. (ii) that it promises an evil of such gravity and imminence than the ordinary man would have succumbed to it. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. You were literally compelled against your will to commit the felony. the poor farmer ran towards the scene of the crime. Ryan Reyes & Marilou dela Cruz 82 . Zaldy Lu. Alex Blaise Cunanan. Question: Distinguish irresistible force from uncontrollable fear? Answer: The difference is that in irresistible force. It may be insanity. The second is more common than the first. (ii) that the physical force must be irresistible. or at least equal to that which he is required to commit. but there is no freedom. Jette Roy Sanchez.THE FRATERNAL ORDER OF ST. However. US vs. They struck him with the barrel of their rifles and compelled him to bury the corpses. Angel Elements: (i) that the compulsion is by means of physical force. like torture. He was tortured until he had no more choice but to commit the crime. Accused Baculi was then in a plantation gathering bananas. There is intelligence. When you allege that there is an irresistible inner force which makes me commit a crime. I was possessed by a demon. CABALLEROS 4 PHIL 350 Facts: This is a case where some American school teachers were murdered by a band. Elements (i) that the threat which cause the fear is of an evil greater than. 6. Joji Bernadette Ancog. but definitely you cannot invoke irresistible force there. In uncontrollable fear. He was caught by the authorities and was charged as accessory in the murder of the Americans for concealing the body of the crime. Actus invito factus non est meus actus. Jose Charito Cortez. ACADCOM 2004: Antoinette Principe. It was to the effect that if Moreno will not comply. It must be clear. This exempting circumstance applies exclusively to people who are charged with felony by omission. The testimony of Major Sasaki showed that the threat was not really serious. Angel Held: Baculi was not criminally liable as accessory for concealing the body of the crime of murder committed by the band because he acted under the compulsion of an irresistible force. 7. Jerry Catague. If there is a chance of escaping so that you will commit the crime. The second one (uncontrollable fear) is more common. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. that a person fails to perform such act. that his failure to perform such act was due to some lawful or insuperable cause. fanciful and remote fear is not “uncontrollable fear”. In order to avail of this. Zaldy Lu. ELEMENTS: (i) (ii) (iii) that an act is required by law to be done. Joji Bernadette Ancog. Here. but for failing to do an act. MORENO 77 SCRA 549 FACTS: Accused Moreno was charged with murder for killing fellow Filipinos upon order of Major Sasaki of Japanese Imperial Army. If the only evidence relating to a sort of threat is the testimony of the defendant.THE FRATERNAL ORDER OF ST. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Capt. (iii) The threat must be of equal or greater injury. concrete. (ii) There is no possibility of escaping from the threat. I have no obligation to fight back just to avoid committing the crime. Jose Charito Cortez. that threat is not of such a serious character and imminence as to create in the mind of the defendant an uncontrollable fear than an equal or greater injury would be inflicted upon him if he did not comply with the alleged order to kill the deceased. otherwise you have to come along with us”. Ryan Reyes & Marilou dela Cruz 83 . Held: A speculative. there must be a demonstration that: (i) There is no possibility of defending yourself from the threat. Jette Roy Sanchez. PEOPLE vs. Any person who fails to perform an act required by law. the offender is not prosecuted for doing an act. ACADCOM 2004: Antoinette Principe. As they insisted and 1 informed them that I could not do it. the Japanese soldiers will take him along with them. Susuki told me “You have to comply with that order of Major Sasaki. then you are not covered. when prevented by some lawful insuperable cause. Meaning if you threaten me with a gun. The offender is compelled to commit a crime against his will by means of threats. Alex Blaise Cunanan. Moreno claimed that he could not refuse to comply with that order because the Japanese officer made a threat. not speculative. Iñigo & Atty Teodoro V. he’d better file the necessary criminal information in court. Example is an officer who is prosecuted under Article 125 for the crime of Delay in the Delivery of Detained Persons to Proper Judicial Authorities. Ryan Reyes & Marilou dela Cruz 84 . That is the defense. he violates the seal of confession. Question: What do you mean by prevented by an insuperable cause? Answer: A cause beyond the control of the peace officer. Jose Charito Cortez. Question: What is the defense of the priest? Answer: He was prevented by a lawful cause (secrecy of confession) from revealing the matter. Jette Roy Sanchez. If the arresting officer wants to detain him further. Joji Bernadette Ancog. If the person arrested is detained beyond that period without being lawfully charged in court. Example: The accused is a Filipino citizen who is a priest. So.THE FRATERNAL ORDER OF ST. Alex Blaise Cunanan. In case of lawful warrantless arrests. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. he violates the law. Then later. he violates the law. investigated and he admitted that the person to know about it was the priest. the conspirator was arrested. If he does not report the matter to the authorities. investigated and he admitted that the person to know about it was the priest. Then later. he violates the seal of confession. Somebody in the confessional confessed to him as being a co-conspirator in the crime of treason. Question: What is the defense of the priest? Answer: He was prevented by a lawful cause (secrecy of confession) from revealing the matter. Delay in the delivery of detained persons to the proper judicial authorities – The penalties provided in the next preceding article shall be imposed upon the public officer or employee ACADCOM 2004: Antoinette Principe. as criminally liable for misprision of treason under Article 116 of the RPC. So. ARTICLE 125. If he reports the matter to comply with the Penal Code. If he reports the matter to comply with the Penal Code. Iñigo & Atty Teodoro V. the detaining officer is liable. Example is an officer who is prosecuted under Article 125 for the crime of Delay in the Delivery of Detained Persons to Proper Judicial Authorities. Jerry Catague. the priest is now charged with Misprision of Treason. But there is a limit as to maximum number of hours within which the detaining officer is allowed to detain the person arrested. Angel Question: What is your defense when you failed to do an act as required by law? Answer: I was prevented by a lawful cause or an insuperable cause. as criminally liable for misprision of treason under Article 116 of the RPC. the conspirator was arrested. Zaldy Lu. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Example: The accused is a Filipino citizen who is a priest. So. Question: What do you mean by prevented by an insuperable cause? Answer: A cause beyond the control of the peace officer. the priest is now charged with Misprision of Treason. RPC. a peace officer or a private person may arrest another even without a warrant and detain him. If he does not report the matter to the authorities. Somebody in the confessional confessed to him as being a co-conspirator in the crime of treason. the priest learned about it. So. the priest learned about it. In these two instances. Answer: Seven are in Article 12. Jose Charito Cortez. for crimes or offenses punishable by afflictive or capital penalties. he detained him for more than 36 hours. otherwise he should be liable. But it takes 3 to 4 days to reach the town proper from the said barangay. Question: Enumerate at least ten exempting circumstances. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. So. Suppose a policeman caught somebody without warrant because he was actually committing murder or homicide in the hinterlands – a certain very far away barangay. the policeman is charged of Delay in the delivery of detained person. In every case. One who voluntarily desists from committing a crime is exempt from any criminal liability because of public policy.  eighteen (18) hours. How can he do something within 36 hours when it will take him more than 36 hours to reach the town? Question: What is the effect of exempting circumstance in general? Answer: When there is an exempting circumstance. So. Alex Blaise Cunanan. 3. So. Angel who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of:  twelve (12) hours for crimes or offenses punishable by light penalties. He is exempt from criminal liability. the offender is not liable. 5 and 6 of Article 12. for crimes or offenses punishable by correctional penalties. to communicate and confer at any time with his attorney or counsel. but also exemption from civil liability. not only is there an exemption from criminal liability. the person detained shall be informed of the cause of his detention and shall be allowed upon request. By the time he reached the town. So. Ryan Reyes & Marilou dela Cruz 85 . or their equivalent: and  Thirty-six (36) hours. except in paragraph 4 (accident) and paragraph 7 (lawful or insuperable cause). Others are: 1. Joji Bernadette Ancog.THE FRATERNAL ORDER OF ST. He was to bring him to town and to formally charge him in court. Article 6 – when a person did not perform all acts of execution which would produce the felony because of his own voluntary desistance. Question: How about civil liability? Answer: He is civilly liable because the exemption from criminal liability does not include exemption from civil liability in the cases provided in paragraph 1. it is more than 36 hours. Zaldy Lu. or their equivalent. ACADCOM 2004: Antoinette Principe. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. He should keep him within 36 hours only. Jerry Catague. necessarily. he is not criminally liable. Jette Roy Sanchez. or their equivalent. Question: What is his defense? Answer: He was prevented from doing the act because of the cause beyond his control – insuperable cause. Iñigo & Atty Teodoro V. 2. how can he comply with his duty within 36 hours (because murder or homicide is a grave felony) to charge the person arrested. pretending to be agreeing to its commission. Question: Suspecting that Juan was a drug pusher. Jerry Catague. It was he who induces an innocent person to commit a crime. leader of a NARCOM Team. Answer: In instigation. Angel 2. Article 16 – where accessories are not liable for light felonies. It’s not a sound practice to allow public officers who should be the one apprehending the criminals to be the very person who will induce somebody to commit a crime. the idea of crime did not come from the policeman but from the person arrested. except those committed against persons or property. 4. Article 20 – where the accessory who is related to the principal is exempt from criminal liability 5. that is not a defense when you entrapped. who thereupon placed Juan under arrest and charged him with violation of the Dangerous Drugs Act for selling marijuana cigarettes. Entrapment is not a defense. That is entrapment. For example. And jurisprudence says the person instigated who commits a felony is exempt from a criminal liability. a public officer or a private detective induces an innocent person to commit a crime and would arrest him upon or after the commission of the crime by the latter. The policeman only resorted to ways and means to catch the criminal in the act of selling prohibited drugs. the pusher is arrested. Jose Charito Cortez. Take note that in entrapment. Is Juan guilty of any offense punishable under the Dangerous Drugs Act? ACADCOM 2004: Antoinette Principe. a crime. Peace officer should be the last person in the world to induce people to commit crimes. Desirous of pleasing SPO2 Mercado. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. the idea of committing a crime came from the policeman himself. Article 7 – light felonies are punishable only when they are consummated. A peace officer will pretend to be a user or drug addict and he will buy from the pusher. 3. Joji Bernadette Ancog. Then when the criminal is in the act of committing the crime. the rule is: attempted or frustrated light felonies are not punishable if they are not committed against persons or property. and ways and means are resorted to by a public officer to trap and catch the criminal. a buy-bust operation against drug pusher. It is not an exempting circumstance. Upon giving the signal to his companions. But if the light felony is committed against persons or property. In entrapment. In entrapment. Juan went inside a shopping mall. they are punishable even if attempted or frustrated. So. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. a person has planned. Jette Roy Sanchez. gave Juan a P100-bill and asked him to buy some marijuana cigarettes. Alex Blaise Cunanan. Juan returned with 10 sticks of marijuana cigarettes which he gave to SPO2 Mercado. the peace officer who pretended to do along with him will now be instrumental in arresting him. Zaldy Lu. the person has decided to commit a crime and the police officer went along with him. Now. After 15 minutes. or is about to commit. It is an absolute cause.THE FRATERNAL ORDER OF ST. while the officer waited in one corner of the mall. Instigation Question: Distinguish instigation from entrapment. But in instigation. Ryan Reyes & Marilou dela Cruz 86 . SPO2 Mercado. The reason is public policy. This is an exemption from liability for reason of public policy. Iñigo & Atty Teodoro V. In fact. except in paragraph 4 (accident) and paragraph 7 (lawful or insuperable cause). This is not an entrapment. It was only because Juan wanted to please Mercado that the latter bought the said marijuana cigarettes. An Imbecile or an insane person. unless he has acted with Discernment. ACADCOM 2004: Antoinette Principe.THE FRATERNAL ORDER OF ST. Any person who acts under the impulse of an uncontrollable Fear of an equal or greater injury. Memory Aid (from the notes of Atty. Any person who. unless the latter has acted during a lucid interval. in which case. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. exempt the offender from criminal liability not because there was no voluntariness but because of public policy. 3. while performing a lawful act with due care. Jette Roy Sanchez. Ryan Reyes & Marilou dela Cruz 87 . Any person who act under the compulsion of irresistible Force. Juan is not guilty of any violation of the Dangerous Drugs Act. xxx 2. 6. There is civil liability. A person over nine years of age and under fifteen. The exempting circumstances under Article 12 are based in the philosophy that there was lack of voluntariness because of the absence of freedom. The other exempting circumstances. but when he committed it. Therefore. (Recall IUDAccForFearFail) Elements of Accident (Paragraph 4) A 1) Accused performing a lawful Act. Teodoro V. Jerry Catague. xxx 4. Alex Blaise Cunanan. No crime is committed by the accused. Angel Answer: There is instigation here. There is no civil liability. which are not found under Article 12. intelligence or intent. A person Under nine years of age. Any person who Fails to perform an act required by law. causes an injury by mere Accident without fault or intention of causing it. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Angel) The following are exempt from criminal liability: I U D Acc For Fear Fail 1. Joji Bernadette Ancog. except in paragraph 4 (state of necessity). such minor shall be proceeded against in accordance with the provisions of Art. 5. 80 of this Code. it is in accordance with the law. Iñigo & Atty Teodoro V. Zaldy Lu. Question: Distinguish justifying from exempting circumstances. there was no voluntariness on his part because he acted without freedom. it was SPO2 Mercado who asked Juan to buy marijuana cigarettes for him. Jose Charito Cortez. Juan was not a pusher. JUSTIFYING CIRCUMSTANCE The act committed by a person is justified. EXEMPTING CIRCUMSTANCE The offender committed a crime. 7. intelligence or intent. when prevented by some lawful insuperable cause. 3) Physical force from Third person/outsider. Joji Bernadette Ancog. 2) Act Required by law to be done. Zaldy Lu. THOMAS MORE C I N CRIMINAL LAW 1 – Dean Hildegardo F. 3) Causes Injury to another by mere accident. Ryan Reyes & Marilou dela Cruz 88 . Jose Charito Cortez. Iñigo & Atty Teodoro V. Jette Roy Sanchez. (Recall GrIm) Fail due to lawful / insuperable cause: Fa Re In 1) Accused Fails to perform an act. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. 2) Evil so Imminent and grave that ordinary man would succumb to it.THE FRATERNAL ORDER OF ST. 3) Failure due to lawful or Insuperable cause. 4) No fault or intention (Recall ACIN) Elements of Irresistible Force (Paragraph 5) P I T 1) Compulsion by means of Physical force. Jerry Catague. (Recall FaReIn) ACADCOM 2004: Antoinette Principe. Alex Blaise Cunanan. Angel 2) With due Care. 2) Physical force is Irresistible. (Recall PIT) Elements of Uncontrollable Fear Gr Im 1) Threat causes fear of equal or Greater evil than that required to commit it. The same thing with paragraph 4 of Article 11 (state of necessity). he shall be proceeded against in accordance with the provisions of Article 80. Therefore. Those circumstances that have requisites. So.THE FRATERNAL ORDER OF ST. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Joji Bernadette Ancog. incomplete uncontrollable fear. mitigating circumstances refers to those circumstances which. Suppose I am the accused. he committed it with reduction or diminution of freedom. that’s why I had to kill the victim. Angel MITIGATING CIRCUMSTANCES Question: Define mitigating circumstances in general. ACADCOM 2004: Antoinette Principe. That is exempting but there is no such thing as incomplete imbecility. makes the offender liable but it would reduce or mitigate the imposable penalty because when he committed the felony. unlawful aggression is present but the other two requisites of self-defense are not present. if present in the commission of a felony. I prove that I am a victim of unlawful aggression. paragraph 6 of Article 12 (uncontrollable fear). For example – incomplete self-defense. incomplete defense of relative. Or because the offender has shown in the commission of the crime or afterwards a lesser degree of moral depravity or perversity. Answer: In general. Iñigo & Atty Teodoro V. (Note: Article 80 is amended by sec 192. That is no longer self-defense. there was less degree of voluntariness in committing the crime. Jerry Catague. when all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are not attendant. But I did not use reasonable means to defend myself. Ryan Reyes & Marilou dela Cruz 89 . incomplete state of necessity. like imbecility. Alex Blaise Cunanan. but that constitutes mitigating circumstance under paragraph 1 of Article 13. This refers to INCOMPLETE JUSTIFYING or INCOMPLETE EXEMPTING circumstance. PD 603) This is also known as mitigating circumstance of MINORITY and SENILITY because the offender is below 18 or over 70 years old. ARTICLE 13. (2) That the offender is under eighteen years of age or over seventy years. Jette Roy Sanchez. In the case of the minor. Zaldy Lu. incomplete irresistible force. Jose Charito Cortez. But there are circumstances where you cannot apply paragraph 1 of Article 13. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. intent or intelligence. incomplete accident. Mitigating circumstances – The following are mitigating circumstances: (1) Those mentioned in the preceding chapter. but not all are present. age. Iñigo & Atty Teodoro V. if the minor acted without discernment-Art. should not be confused with insanity which must be proven by clearly and convincingly.Exempting. (This is an exception to the hearsay rule…because of family reputation or tradition) COUNSEL: Ah. Zaldy Lu. Ryan Reyes & Marilou dela Cruz 90 . that is self-serving. 1990 (this is theoretically hearsay) COUNSEL: How did you know that you were born on that date? ACCUSED: My mother told me. Joji Bernadette Ancog. Jette Roy Sanchez. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza.THE FRATERNAL ORDER OF ST. Angel You will note that the age of a person plays a big role in determining his mental liability. ACADCOM 2004: Antoinette Principe. status. as a mitigating circumstance. COUNSEL: When were you born? ACCUSED: I was born on June 2. a baptismal certificate is not competent to prove a person’s age because it is not recognized as an official document. A baptismal certificate or other evidence of this character may be admitted to show minority. REGALARIO 220 SCRA 368 Minority. PEOPLE vs. That ruling. What is competent is the official birth certificate. For example.12 (3) -Mitigating. Maybe you just made that so that you can prove that you are below 18 years old. Jerry Catague. Alex Blaise Cunanan. Jose Charito Cortez. AGE 9 years & below Over 9 under 15 16 to 17 years old 18 to 70 years old Over 70 years old DESCRIPTION Age of complete irresponsibility Age of conditional criminal responsibility Age of mitigated responsibility Age of complete responsibility Age of mitigated responsibility EFFECTS Exempting (Article 12(2) criminal . or the proper imposable penalty under the Penal Code. is presumed in case of doubt. if he acted with discernment Mitigating (Article 13(2) criminal None criminal Mitigating (Article 13(2) * Basis: impaired intelligence Question: Is a baptismal certificate admissible in evidence to prove minority of an accused? Answer: If we go by the Rules of Evidence. about legal interpretation of minority. I want to prove that the accused is a minor through his own testimony. It does not prove your name. thereby fracturing his skull. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. But if his testimony is unchallenged.THE FRATERNAL ORDER OF ST. the crime that resulted. Obviously. aside from the accused’s testimony. The Lugto ruling appears to be an aberration from the long line of decisions antedating it. Alex Blaise Cunanan. although the accused did not offer any evidence to support his claim of minority. the prosecution will present its own evidence. Joji Bernadette Ancog. with the intent of inflicting physical injuries on B. ACADCOM 2004: Antoinette Principe. we have consistently ruled that. this only applies to intentional felonies. Iñigo & Atty Teodoro V. This will not apply to culpable felonies. Lugto (190 SCRA 754). or is he liable for homicide that resulted? Answer: He is liable for homicide. And he subsequently dies. From US vs. the Supreme Court re-examined the Lugto ruling: PEOPLE vs. then it would suffice. Bergantino (3 Phil 118) to People vs. It can be done. This is related to Article 4 (1) on praeter intentionem.e. To establish the mitigating circumstance of minority. The latter fell down and his head hit a concrete pavement. Ebora (141 SCRA 282). Angel Question: Is there a need for corroborative evidence? (i. Zaldy Lu. PROBLEM: A. In other words. this fact will remain as such. Jette Roy Sanchez. you will present his birth certificate or the testimony of his father or mother or anybody older than the accused). Jose Charito Cortez. TISMO 204 SCRA 535 The appellant’s claim that he was 17 years old at the time the crime was committed. However. Considering that the prosecution failed to present contradictory evidence. the answer to the question of whether or not the accused’s lone testimony as to his minority would be sufficient is YES. applying Article 4 (1). will the testimony of the accused be sufficient. So. even without any proof to corroborate his testimony. or must he present corroborative evidence to prove his age considering the fact that his statement might be considered as self-serving on his part? Answer: In the case of People vs. the Supreme Court said that the accused has the burden of proof to show that he was a minor at the time of the commission of the crime. Jerry Catague. we have applied to appellant therein the privilege mitigating circumstance of minority under the second paragraph of Article 13 of the Revised Penal Code. if you have the burden of proof. Question: Is A liable for the crime of slight physical injuries which he intended. is sufficient. Ryan Reyes & Marilou dela Cruz 91 . until disproved by the prosecution. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. You have to present corroborative evidence to make it convincing. (3) That the offender had no intention to commit so grave a wrong as that committed. That is where we apply the rule on liberality. and it is there that we will know if the accused is telling the truth. hit B with his fist. Anyway. your testimony alone does not seem sufficient. that one is liable for the felony actually committed although it is different from the one which he intended. There is no more danger to the life and limb of Alconga. because there is lacking the requisites. assuming that he is liable for the crime that resulted? Answer: YES. complete or incomplete. we will connect this with self-defense. he is not entitled to complete selfdefense. he gave sufficient provocation. So. The best illustration is the case of Alconga. nothing exists. Joji Bernadette Ancog. Alex Blaise Cunanan. Alconga defended himself by shooting the deceased. Angel Question: Is A entitled to any circumstance in his favor. because there was no unlawful aggression. The deceased attacked Alconga with a piece of wood. Question: Can Alconga not claim the benefit of incomplete self-defense under Article 13 (1)? Answer: NO. While it is true that there was unlawful aggression on the part of the victim earlier. Question: Suppose. is he entitled to any circumstance in his favor? Answer: YES. Where there is no unlawful aggression. ACADCOM 2004: Antoinette Principe. Jette Roy Sanchez. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. As a matter of fact. it has already ceased when the victim ran away. When the deceased realized he was slightly wounded. Jerry Catague. and therefore.THE FRATERNAL ORDER OF ST. (4) That sufficient provocation or threat on the part of the offended party immediately preceded the act. Jose Charito Cortez. when Alconga was chasing the victim. Zaldy Lu. he turned his back and ran away. he is entitled to the mitigating circumstance under Article 13 (3) that the offender had no intention to commit so grave a wrong as that committed. Iñigo & Atty Teodoro V. can he claim self-defense under Article 11 (1)? Answer: NO. The reason why Alconga attacked is because earlier he attacked Alconga. So. Alconga became the unlawful aggressor. he is entitled to the mitigating circumstance under Article 13 (4) that sufficient provocation on the part of the offended party immediately preceded the act. there was no more reason for him to defend himself. the victim was forced to fight back and in the process he killed Alconga. overtook him and killed him on the spot. Because of the absence of the third element. Question: Is Alconga entitled to the justifying circumstance of self-defense for the death of the victim? Answer: NO. There are actually two circumstances here: (1) That sufficient provocation on the part of the offended party immediately preceded the act. Therefore. Ryan Reyes & Marilou dela Cruz 92 . because of the absence of the third element – lack of sufficient provocation on the part of the person defending himself. (2) That sufficient threat on the part of the offended party immediately preceded the act. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Alconga chased him. there is no self-defense. in the second stage of the fight. Sufficient Provocation It seems to be closely linked to the 3 rd element oh self-defense – lack of sufficient provocation on the part of the person defending himself. Question: If Alconga is liable for homicide for the killing of the victim. Jose Charito Cortez. a relative. the law recognizes the “diminution” of one’s penalty if he acts in retaliation. (5) That the act was committed in immediate vindication of a grave offense to the one committing the felony (delito). legitimate. and not at the point of happening. ACADCOM 2004: Antoinette Principe. somebody kills your brother. that revenge can never be justified under the law. that constitutes unlawful aggression. Now. Alex Blaise Cunanan. Like for example. The rule is when the threatened act is about to happen. descendants. But if the threat is still in the future. That may constitute the mitigating circumstance under Article 13 (4). It does not exempt you from liability if you kill somebody because he killed a member of your family. B drew out his gun ahead and killed A. a grave offense to you or a member of your family. or a member of his family.THE FRATERNAL ORDER OF ST. B: You are threatening me? It would be good if I kill you first! So. but he gave sufficient provocation. The relatives mentioned in this paragraph 5 are identical with the relatives mentioned in Article 11 (2) – defense of relatives. Zaldy Lu. at the point of happening and therefore. relatives by affinity within the fourth civil degree. says the law. so you look for the killer to kill him. B went to a lawyer. I’ll kill you now! When B realized that A is going to kill him. Somebody commits a wrong. Like for example. Ryan Reyes & Marilou dela Cruz 93 . A drew his gun and told B. not the mitigating circumstance of sufficient provocation or threat. natural or adopted brothers or sisters. ascendants. that is the connection between the threat here and the threatened assault in Article 11 (1). then it is not equivalent to unlawful aggression. Jette Roy Sanchez. he can claim the mitigating circumstance of incomplete self-defense because there was unlawful aggression. that is equivalent to actual aggression. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Joji Bernadette Ancog. B is accused of homicide for the death of A. Iñigo & Atty Teodoro V. Sufficient Threat A threat also amount to provocation because when you are threatening somebody. the means he used to defend himself was reasonable. I am going to kill you. B killed A. Jerry Catague. So. PROBLEM: A wanted to kill B. The essence of this circumstance is REVENGE. Angel Question: Can Alconga’s victim claim any circumstance in his favor? Answer: YES. and you seek revenge. That is the mitigating because the offended party (A) gave sufficient threat preceding the act. Question: Is the lawyer correct? Answer: NO. That is justifying because the threat is imminent. He did it because a grave offense was committed against him. That can never be justified. or relatives by affinity within the same degree. he should invoke self-defense. They are not mentioned in this Article. So. All of them are the same except one. you are provoking him. Answer: You watch out! One of these days. So. “Revenge is mine”. who advised him to invoke the mitigating circumstance under Article 13 (4). Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. his spouse. the law understands the feeling of the accused. However. Held: He acted in vindication of a grave offense committed against him. It was a joke. saying: “There is no more. got an ax. the deceased insulted the old man. In paragraph 5. and all the guests laughed. If it is serious. Jette Roy Sanchez. as defined in Article 9? Answer: NO. There was a gap of one month. You should not play jokes on or ridicule in the presence of others. Alex Blaise Cunanan. the old man came up behind him and struck him on the head with the ax.THE FRATERNAL ORDER OF ST. a man is killed and after the funeral of the deceased. it was something else. You commit a crime immediately after the provocation or threat. In the presence of many guests. that sufficient provocation or threat on the part of the offended party immediately preceded the act. while the deceased was squatting down. A little later. The victim played a joke on Ampar. but to the old man. So. there is a difference between the word “immediate” in paragraph 4 and the word “immediate” in paragraph 5. What is serious to one may not be serious to another. But the deceased made a mistake. it is not necessarily a grave felony. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. the interpretation of the word “immediate” there is literal. There must be no gap between the threat or provocation and the crime. but considering his age and the occasion. Question: For example. he kills the killer for killing his own father. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. the social standing. Maybe the joke would not have bothered if it was a young man. AMPAR 37 PHIL 201 Facts: There was party during a fiesta where the accused who is an old man went to the victim who was serving lechon. the old man left. Jerry Catague. sufficient provocation or threat on the part of the offended party immediately preceded the act. Joji Bernadette Ancog. Jose Charito Cortez. the word “grave” here is not identical with the technical definition of grave felony. Take note that the law says that you x x x committed the act in the immediate vindication x x x you committed the act in immediate vindication. Come here and I will make roast pig out of you”. Ryan Reyes & Marilou dela Cruz 94 . It is not immediate. So. it was something serious. But there is a relation of cause and effect between the crime committed by the killer and the crime which the son now commits against the ACADCOM 2004: Antoinette Principe. In paragraph 4. Ampar asked for lechon. Just like in the previous mitigating circumstance. Would you say that the killing was “immediate” after the grave offense was committed against the father? Answer: It is not. What it means is somebody offended you seriously. You consider the nature of the act committed by the victim. Zaldy Lu. the son looks for the killer and kills him. In the previous mitigating circumstance. the age of the offender. Question: And how do you determine if the wrong committed upon you or your relative is serious? Answer: It depends on many factors. Iñigo & Atty Teodoro V. And he finds the killer after one month. However. the use of the word “immediate” is not really literal. It was just a joke. Angel Question: What do you mean by “grave offense”? Does this mean to say you are a victim of a grave felony. US vs. Jette Roy Sanchez. we experienced that. the word “immediate” there is misnomer because the word “immediate” is an incorrect translation of the original Spanish word proxima. I think I have to stop this relationship. sometimes you think or utter words which you will later regret. somehow. So. you realize that you should have not uttered such words. So. I have no future with you. the concubine told him. When you have cooled down. the man became emotional and killed the woman because he could not bear the thought of this woman separating from him. In his defense. (6) That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. he becomes “illusionado”. do not make any promises. There are some principles on this: (1) The passion or obfuscation must arise from lawful sentiments. you do things which you actually do not mean? Why? Because your mind is obfuscated. do not make any decision. That is fair enough. When you are happy. Ryan Reyes & Marilou dela Cruz 95 . ACADCOM 2004: Antoinette Principe. you are married. a concubine. Sometimes. Question: What do you mean by “passion or obfuscation”? Answer: Where a person is overwhelmed by passion or his mind is obfuscated. Angel killer. he pleaded the circumstance of passion and obfuscation. when they have been together for 7 years. Of course. Zaldy Lu. Joji Bernadette Ancog. the freedom and intelligence are also impaired. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. That is why there is this nice saying: When you are angry. Iñigo & Atty Teodoro V. US vs. the decision was prompted by emotion rather than by reason. but what is also important is that there is still the relation of cause and effect between them. Jerry Catague. Alex Blaise Cunanan. I want to have my own life. But why is that when you are angry or when you are not thinking. HICKS 14 PHIL 217 Facts: A married man was maintaining an illicit relationship with a woman. In the first place. that he was obfuscated when the girl said that she wanted to part ways with him. That the act was committed in the PROXIMATE vindication of a grave offense.THE FRATERNAL ORDER OF ST. Question: What is the difference between “proximate” and “immediate”? Answer: In “proximate”. That in the mind. his action is more of a product of emotion rather than of a careful knowing. the act is not immediate in point of time of the grave offense. Jose Charito Cortez. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. After a while. When you become very angry. The appropriate translation would be “proximate”. She was alone. Angel Held: Defense untenable. Because of the scolding. Jerry Catague. So. If the two are present. he is entitled to only one because numbers 4. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. because the parents of the child scolded her earlier. and also I am entitled to #6 because I acted on an impulse so powerful as would naturally produce passion. CALISO 58 PHIL 283 Facts: Here. it was not a valid emotion. So. So. It was a passion which arose an ILLICIT relationship. Then. bathing in the river. There were no people around. she became emotional. So. That is libido. Iñigo & Atty Teodoro V. Question: Now. so I am entitled to the mitigating circumstance #5 because I committed the act in the immediate vindication of a grave offense committed against me. I am entitled to three mitigating circumstances. I had to rape her. the yaya killed the child because she was angry. They have a common denominator – that the mind is actually overwhelmed by anger or emotion. So. 7. SANICO Facts: A man was accused of rape. Joji Bernadette Ancog. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Alex Blaise Cunanan. PEOPLE vs. I saw the victim. the application of one is sufficient. retaliated by killing the victim. These (voluntary surrender and voluntary confession) are the most common mitigating circumstances invoked in court. You cannot claim three separate mitigating circumstances. he cannot claim three mitigating circumstances. Zaldy Lu. Held: We cannot accept the fact under passion or obfuscation because that was a passion or obfuscation generated by the spirit of revenge. His explanation was: I was in a very scenic spot. She got so emotional that she killed the baby. I acted with passion. suppose a person became of an act – a terrible act committed by the victim against him. Jose Charito Cortez. PEOPLE vs. definitely the accused is entitled to two mitigating circumstances. or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution. Voluntary Surrender ACADCOM 2004: Antoinette Principe. Jette Roy Sanchez. Held: That is not the kind of passion contemplated by law. my initial instinct was that I was around. Is that correct? Answer: No. 5 and 6 have the same source. he says I killed him because of sufficient provocation or threat on the part of the offended party immediately preceding the act. Assuming that all of them will apply. Ryan Reyes & Marilou dela Cruz 96 .THE FRATERNAL ORDER OF ST. That the offender had voluntarily surrendered himself to a person in authority or his agents. He is better that the one who has remained at large. The reason behind this is that he has shown a lesser degree of perversity that he is willing to answer for the crime he committed. is charged with the maintenance of public order and the protection or security of life and property. Ryan Reyes & Marilou dela Cruz 97 . his life may be in danger. not the weapon. barrio councilman. because you should surrender your body. if you surrender to a clerk of the City Hall. PEOPLE vs. the murder weapon. He is not also an agent of a person in authority. Alex Blaise Cunanan. Jerry Catague. Question: When should you surrender? Answer: One thing that the Supreme Court has emphasized is that the surrender must be SPONTANEOUS. Zaldy Lu. such as barrio captain. And then. the accused went to the police and gave up. A barrio captain and barangay chairman shall also be deemed a person in authority. He must fit the definition in Article 152. he sent his weapon to the police. you will not fall under this because an ordinary clerk of the government is not a person in authority. Angel After the killing. either: ACADCOM 2004: Antoinette Principe. So. Question: To whom shall the accused surrender? Answer: The accused should surrender to the right person. A person who by direct provision of law or by election or by appointment by competent authority. so he decided to surrender. board or commission. professors and persons charged with the supervision of public or duty recognized private schools. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Jose Charito Cortez. teachers. shall be deemed a person in authority. any person directly vested with jurisdiction. Person in authority and agents of person in authority – Who shall be deemed as such – In applying the provisions of the preceding and other articles of this Code. it must be spontaneous. Is that necessary? The Supreme Court said that is not surrender. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Held: For a surrender to be voluntary. barrio policeman and barangay leader and any person who comes to the aid of persons in authority. to a person in authority or his agent. and should show the intent of the accused to submit himself unconditionally to the authorities. shall be deemed persons in authority. Also. RPC.THE FRATERNAL ORDER OF ST. Jette Roy Sanchez. you must surrender yourself. LEE 204 SCRA 900 Issue: Is there a voluntary surrender if an accused gives himself up to ensure his safety? Meaning. whether as an individual or as a member of some court or government corporation. shall be deemed an agent of a person in authority. In applying the provisions of Article 148 and 151 of this Code. Iñigo & Atty Teodoro V. Like in one case. the accused killed somebody. There might some people who wanted him dead. Question: Who is a person in authority or his agent? Answer: The guide is in Book II ARTICLE 152. Joji Bernadette Ancog. colleges and universities. It took 2 years and 5 months after the issuance of a warrant of arrest against him before he surrendered. PEOPLE vs. THOMAS MORE o o CRIMINAL LAW 1 – Dean Hildegardo F. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. or saw no other reasonable alternative to continue absence from his home.THE FRATERNAL ORDER OF ST. They shouted. He did not surrender voluntarily. PAGSANJAN 221 SCRA 735 Issue: Is there mitigating circumstance if it took 2 years and 5 months after the issuance of the warrant of arrest against the accused before he surrendered? Held: The mitigating circumstance of voluntary surrender cannot. He had no choice. Angel Because he acknowledges his guilt. Joji Bernadette Ancog. he came out. In the absence of these two reasons. as appellant pleads. Jose Charito Cortez. and hence not voluntary. Now. He did not surrender. ACADCOM 2004: Antoinette Principe. Jette Roy Sanchez. he was caught. The stone-cold fact remains that he was not arrested and that he presented to the Provincial Commander. do not militate against the consideration of his voluntary surrender as mitigating circumstance. You are surrounded!” The criminal looked at all the directions. Alex Blaise Cunanan. or Because he wishes to save them (police and government) the trouble expenses to be necessity incurred for his search and capture. and found out that they were all sealed. and in the event the only reason where the accused is supposed to surrender is to ensure his safety – his arrest being inevitable. and then they surrounded his hideout early one morning. MORATO 224 SCRA 361 Issue: Is there voluntary surrender if the accused gave himself up after a shoot-to-kill order was issued against him and he was persuaded to surrender because of his employer? Held: The fact that the Provincial Commander had announced over the radio that he would issue a shootto-kill order unless the accused-appellant voluntarily surrendered. But because he had gotten tired of the life of a fugitive. That cannot be. it was not to save the state from the time and effort needed to capture him. “Come out peacefully because there is no way for you to escape. be considered in his favor. They found hid hideout. Ryan Reyes & Marilou dela Cruz 98 . and that the accused-appellant was persuaded to surrender by his employer. Zaldy Lu. knowing that there is no more escape. In other words. the surrender is NOT spontaneous. This is similar to an old case where a wanted criminal was tracked down by the authorities. PEOPLE vs. Jerry Catague. that was not really surrender in the sense that the criminal gave up spontaneously. when he gave himself up. So. Iñigo & Atty Teodoro V. Apparently. he is asking for the mitigating circumstance of voluntary surrender. Joji Bernadette Ancog. He was convinced by his superior to surrender. even before trial. Iñigo & Atty Teodoro V. you should not speculate. because what is important is that he has confessed his guilt before the prosecution has laid its evidence. The foregoing requisites are not present in the case at bar. which has the very same fact. Alex Blaise Cunanan. So. Zaldy Lu. Angel The ruling of Morato seems to go against the ruling of the Supreme Court in 1990 decision. That’s the difference. Question: Can you change your plea of “not guilty” in the middle of the trial? Can that be done? Answer: Of course. trial goes on! In other words. it will no longer be considered as a mitigating circumstance. Ryan Reyes & Marilou dela Cruz 99 . Jerry Catague. not upon his own accord. I will surrender. ACADCOM 2004: Antoinette Principe. prior to the presentation of evidence by the prosecution. A man committed a crime. What is important is that you must confess your guilt prior to the presentation of the evidence for the prosecution. But if you do it much later. The surrender was voluntary. during trial. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. you admit your guilt – that shows that you have less perversity. and even before the trial ends. In order to prevent speculation on the part of the accused: If the evidence is strong.THE FRATERNAL ORDER OF ST. SANDIGANBAYAN 183 SCRA 12 The mitigating circumstance of voluntary surrender may properly be appreciated in favor of the accused when the following requisites concur:    The offender has not actually been arrested. Jette Roy Sanchez. you can change your plea of “not guilty” to “guilty”. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. The offender surrendered himself to a person in authority or an agent of person in authority. If the evidence is weak. Jose Charito Cortez. so he surrendered to the NBI. Voluntary Confession of Guilt This is manifested in Criminal Procedure by a plea of guilty entered by the accused during the arraignment. ESTACIO vs. That is when you voluntarily confess your guilt to the court prior to the trial. Even before seeing and knowing the evidence of the prosecution. you can change your mind and enter plea of “guilty” anytime. Question: Can I withdraw? Can a person who entered a plea of “not guilty” later on change his mind and withdraw that plea and change it to “guilty”? Is he still entitled to this mitigating circumstance? Answer: Yes. The evidence of record shows us that the accused went to the NBI upon the instruction of his superior. the Supreme Court adhered to the guidelines it laid down in the earlier case of People vs. Golez”. because medically this will be a form of insanity. Of course. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. And the Supreme Court in the case of Rafanan says: “The required standards of legal insanity were elaborated in the 1950 case of People vs.THE FRATERNAL ORDER OF ST. you are deaf and dumb. based on Rafanan. An illness of the offender which diminishes the exercise of the will-power of the offender. Jose Charito Cortez. that is considered automatically as a mitigating circumstance in his favor because that is a diminution of his freedom – freedom of action. Joji Bernadette Ancog. there are actually two tests: the test of cognition and the test of volition. In the case of Rafanan. Question: What is the test of volition? Answer: There must be a total deprivation of the freedom of the will. This is the mitigating circumstance which should correlate with Article 12 (1) on insanity. ACADCOM 2004: Antoinette Principe. If you follow the guideline in the case of Dungo. Golez. As a matter of fact. but based on another point of view. or communications with his fellow beings. Any physical defect by the accused is automatically mitigating even if it does not have something to do with the crime. Zaldy Lu. There are supposed to be three tests according to Dungo. Angel (8) That the offender is deaf and dumb. defense. according to the Supreme Court. this is another viewpoint. Like. The discussion in the Rafanan case is related to the test in People vs. The mere fact that the person is not physically normal. Jette Roy Sanchez. or blind or you are cripple. Dugno. Jerry Catague. Ryan Reyes & Marilou dela Cruz 100 . is that recognized in the Philippines? NO. another case where the Supreme Court thoroughly discussed this type of mental illness is in the 1991 case of People vs. Alex Blaise Cunanan. by applying what is known as the irresistible impulse test. Rafanan (204 SCRA 65). THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. That is correct. a 1915 decision. Now. And the Supreme Court said: “A linguistic or dramatical analysis of this standard suggest that Golez established two distinguishable tests”. Question: What is the test of cognition? Answer: The test of cognition means the complete deprivation of intelligence in committing the criminal act. blind or otherwise suffering some physical defect which thus restricts his means of action. some countries may recognize this as a type of insanity. Iñigo & Atty Teodoro V. (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. He cannot resist the impulse to commit a crime. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. was called the Right or Wrong Test. Returning the property cannot be desistance. That is already consummated. that is analogous. One day. And the test of cognition – complete deprivation of intelligence – in the Dungo case. that is called the irresistible impulse test. quoting the case of Golez. And there was the case of the creditor who could not collect from the debtor. Ryan Reyes & Marilou dela Cruz 101 . (10) And. the test of cognition. He was around 65. he was filled with remorse that he returned the stolen property. You cannot desist when all the elements have already been completed. Desistance was too late. For insanity. the Court has recognized it a most as a mitigating circumstance. From the moment he took the property which then came to his possession and control. considering his physical condition. This analogous to somebody who commits a crime and voluntarily surrenders himself to the authorities or their agents. finally.THE FRATERNAL ORDER OF ST. Or in the case of a thief who stole the property of the victim. Jerry Catague. analogous to voluntary surrender. any other circumstances of a similar nature and analogous to those above mentioned. he could hardly see: The Supreme Court gave to his benefit the circumstance analogous to “above 70”. not an exempting circumstance. any circumstance that is similar to any paragraph 1 to 9. what he did as a point in his favor. the debtor would always tell him to come back the next day. in accord with Article 13 (9) of the RPC”. So. the theft was already consummated. Each time he would go to the debtor to collect the account. But in the case of Rafanan. Although he was not really above 70. Question: What are the mitigating circumstances in the Penal Code? Answer: There are two: (a) Ordinary Mitigating Circumstance – these are the mitigating circumstances found in Article 13. in this case. under the mitigating circumstances? The Supreme Court continued: “We have gone over all decided cases before this Court. And the Supreme Court applied this in so many cases. We will still have to see one where we acquitted somebody simply because there was no freedom on the will. Joji Bernadette Ancog. that he mauled the latter. Is he liable for physical injuries? According to the Supreme Court. the feeling of the creditor is analogous to one of passion or obfuscation. Iñigo & Atty Teodoro V. Is he liable for attempted theft? No more. But definitely. Zaldy Lu. where the accused failed to show complete impairment or loss of intelligence. the creditor was given the benefit of mitigating circumstance. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. So. There was this case of an old man. After one or two days. ACADCOM 2004: Antoinette Principe. Jose Charito Cortez. which of the two is considered as covered by insanity. Alex Blaise Cunanan. the creditor got so sick and tired of the debtor’s alibis. He is to be given the mitigating circumstance. but he could hardly walk. Angel In the Dungo case. So the test of volition is the recognized test in the mitigating circumstances under Article 13 (9). Jette Roy Sanchez. Now. We have not done it. it is the test of cognition versus the test of volition. the penalty should be lowered by one or two degrees. according to the law. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. which under the scheme of penalties is arresto mayor. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. you are entitled to a penalty that is one degree lower. Now.THE FRATERNAL ORDER OF ST. if there is privilege mitigating circumstance. you have to identify them one by one. Jerry Catague. Zaldy Lu.An ordinary mitigating circumstance is offset by an aggravating circumstance.If the mitigating circumstance is privileged. . Teodoro V. That the offender is Under eighteen year of age or over seventy years. Question: Distinguish one from the other. Joji Bernadette Ancog. 80. the penalty is fixed within the minimum period within the same penalty. Alex Blaise Cunanan. the privilege mitigating circumstance will even lower the penalty not only to the minimum of prision correcional. Jette Roy Sanchez. ORDINARY . it is better because. In the case of the minor.If there is an ordinary mitigating circumstance. Ryan Reyes & Marilou dela Cruz 102 . You cannot find them. . Iñigo & Atty Teodoro V. 4. if penalty is punishable by prision correcional. 2. That the offender had no Intention to commit so grave a wrong as that committed. 3. Question: So. Angel) The following are mitigating circumstances: N U I S 1. PRIVILEGED . That Sufficient provocation or threat on the part of the offended party immediately preceded the act.A privilege mitigating circumstance cannot be cancelled or offset by an aggravating circumstance. Memory Aid (from the notes of Atty. especially in Book II. but to the penalty next lower in degree. But will the aggravating circumstance bring it back to one degree higher? Answer: No. ACADCOM 2004: Antoinette Principe. They eliminate each other. when all the requisites necessary to justify or to exempt from criminal liability in the respective cases are Not attendant. The presence of an ordinary mitigating circumstance will call for the imposition of the penalty within the minimum period of that particular penalty. Those mentioned in the preceding chapter. he shall be proceeded against in accordance with the provisions of Art. Jose Charito Cortez. Angel (b) Privilege Mitigating Circumstance – they are all scattered all over the RPC. that cannot be done because a privilege mitigating circumstance cannot be offset by an aggravating circumstance. N 6. A (Recall NUISANSSIN) ACADCOM 2004: Antoinette Principe. Ryan Reyes & Marilou dela Cruz 103 . N 10. defense. or relatives by affinity within the same degrees. S 8. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Joji Bernadette Ancog. And. That of having acted upon an impulse so powerful as Naturally to have produced passion or obfuscation.THE FRATERNAL ORDER OF ST. Alex Blaise Cunanan. Angel 5. finally. Jette Roy Sanchez. 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. That the offender is deaf and dumb. S 7. any other circumstances of a similar Nature and analogous to those above mentioned. or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution. That the offender had voluntarily Surrendered himself to a person in authority or his agents. Zaldy Lu. Jerry Catague. Jose Charito Cortez. or communications with his fellow beings. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. blind or otherwise Suffering some physical defect which thus restricts his means of action. ascendants. his spouse. That the Act was committed in the immediate vindication of a grave offense to the one committing the felony (delito). I 9. Iñigo & Atty Teodoro V. the ways and means employed or involved in the commission of the crime. If he did not take advantage of his public position. The offender here must be a public officer. the motive or motivation behind the crime. ARTICLE 14. Angel Chapter Four CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL LIABILITY Question: How do we define the concept of mitigating circumstances? Answer: They are circumstances which. and the road to hell is wider that the road to heaven. US vs. Jette Roy Sanchez. As a result of this instruction. his liability should not be aggravated. Jerry Catague. Aggravating circumstances – The following are aggravating circumstances: 1. The law says that he must take advantage. Alex Blaise Cunanan. You will notice that there are only 10 mitigating circumstances under Article 13. Joji Bernadette Ancog. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Question: Why? What is the reason? Answer: Because the offender has shown a greater perversity or moral depravity as manifested by the following: (i) (ii) (iii) (iv) (v) by the time of the commission of the crime. It simply proves true the statement that there are more ways to do evil that to do good. shortly after entering upon his duties as councilor of the town of Aparri. FIRST – This will not apply to private individuals. Iñigo & Atty Teodoro V. 189 Facts: The accused. if attending the commission of a felony. Zaldy Lu. or because of the personal background of the offender and the offended party. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. TORRIDA 23 Phil. ordered that deaths of all large animals must be reported to him as councilman. SECOND – That not every public officer who commits the crime will automatically be affected. That advantage be taken by the offender of his public position.THE FRATERNAL ORDER OF ST. Ryan Reyes & Marilou dela Cruz 104 . Jose Charito Cortez. would tend to increase the prescribed penalty to the maximum period of the prescribed penalty. More than double. the ACADCOM 2004: Antoinette Principe. the place of the commission of the crime. there are 21 aggravating circumstance under Article 14. then you apply Article 62. ACADCOM 2004: Antoinette Principe. If it was alleged in the complaint and proved during trial. it must be alleged in the complaint. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. and you know he is there. or he is inaugurating something. talking to the people. That the crime be committed in contempt or with insult to the public authorities. PARAGRAPH 1-a. Question: Does this mean Article 14 is now useless because of that amendment? Answer: To apply Article 62 (1-a). advantage was taken by the offender of his public office. but these facts do not destroy or disprove the important fact that the accused did by taking advantage of his public position deceive and defraud the injured parties out of the money they paid him. Held: The fact that the accused was councilor at the time placed him in a position to commit these crimes. the penalty to be imposed shall be in its maximum regardless of mitigating circumstance Article 14 (1) talks of an ordinary aggravating circumstance which can be offset also by a mitigating circumstance. Jette Roy Sanchez. apply Article 14 (1). Alex Blaise Cunanan. Zaldy Lu. Ryan Reyes & Marilou dela Cruz 105 . That would be an insult to him! Then the crime is considered aggravated because of the place and time. Iñigo & Atty Teodoro V. If it is not alleged in the complaint but is proved during the trial. or when he is outside of his office. Jose Charito Cortez. Angel owners of several such animals were induced to pay the accused supposed fines on the belief that such were required by a municipal ordinance.THE FRATERNAL ORDER OF ST. It is true that he had no right to either impose or collect any fine whatsoever and it is likewise true that a municipal councilor is not an official designated by law to collect public fines. and they you. the accused commit a crime in his presence – meaning. It was on account of his being councilor that the parties believed that he had the right to collect fines and it was for this reason that they made the payment. Jerry Catague. If he were not a councilor he could have not induced the injured parties to pay there alleged fines. You commit a crime in his presence. 2. The best example of this is when the mayor is conducting an official inspection. When in the commission of the crime. But Article 62 (1) is a special aggravating circumstance which cannot be offset by a mitigating circumstance because the latter says regardless of any mitigating circumstance. But be sure that the public officer or authority is not the victim. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. The aggravating circumstance does not apply to crimes committed within the presence of constabulary soldiers or PNP men. RPC. Is this covered by paragraph 2? Answer: No. ARTICLE 62. He spent the money paid to and received by him as fines. His presence did not prevent me from committing the crime. his presence did not prevent you from committing the crime. paragraph 2 will not apply in the above case. Question: Suppose I will commit a crime within the presence of the PNP Superintendent. Joji Bernadette Ancog. that he is just a spectator. if the latter has not given provocation. governors. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. or (iv) That the crime be committed in the dwelling of the offended party. it includes agents of persons in authority. (iii) Sex. Alex Blaise Cunanan. 3. who is considered as an agent of a person in authority. like mayors. that is not contemplated because he is not a person in authority. Jose Charito Cortez. RODIL 109 SCRA 308 Facts: The crime was committed in the presence of constabulary captain. Zaldy Lu. Joji Bernadette Ancog. He is an agent of a person in authority. Angel Question: Why? Answer: Because in order to apply. Jerry Catague. then the law should have been specific. the crime must be committed in contempt of or with insult to the public authorities. (ii) Age. The law should have been worded as: the crime be committed in contempt of or with insult to PERSONS IN AUTHORITY. However. PEOPLE vs. age. Ryan Reyes & Marilou dela Cruz 106 . or that is be committed in the dwelling of the offended party. or sex. Issue: Whether or not paragraph 2 applies. but the law did not use “person in authority” but instead the term “public authorities”.THE FRATERNAL ORDER OF ST. ACADCOM 2004: Antoinette Principe. That the crime be committed in disregard of respect due to the offended party on account of his: (i) Rank. An analysis of this paragraph would show that there are four circumstances there. Held: The term “public authorities” are not confined to persons in authorities because if the intention of the law was to confine paragraph 2 to persons in authority. Jette Roy Sanchez. Question: What do you mean by “public authority”? Answer: Public authority refers to persons in authority. such doctrine was reversed in 1981. That the act be committed with insult or in disregard of the respect due the offended party on account of his rank. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. if the latter has not given provocation. “Public authorities” is broader. If you commit the crime in the presence of a PNP Superintendent. Iñigo & Atty Teodoro V. etc. But dwelling. because the law does not distinguish who is older and who should be younger. Ryan Reyes & Marilou dela Cruz 107 . This can now apply. But if it is also committed in the dwelling of the offended party. the age gap is 20 years. Now. if a well-known civic leader. becomes clearer. Sex The offender and the offended should belong to the opposite sexes. Answer: Numbers (i) and (iii) should be treated as one. Then that becomes aggravating. or by an “istambay”. If a private assaults a captain. but on place. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. that should be considered as an aggravating circumstance. Alex Blaise Cunanan. In an office. who is old enough to be your grandfather. then that should be regarded as separate aggravating circumstance. Zaldy Lu. The older the victim. Or in a community. Question: Suppose.THE FRATERNAL ORDER OF ST. Angel Question: Suppose the four are present in one case. The basis for this is that rank. then the crime should be aggravated. The best example is in the military. What the law refers to is somebody. Joji Bernadette Ancog. Jerry Catague. the better. this is one way. You are perverse considering the personal circumstances of the offended party. a well-known person in the community whose stature is high is assaulted by somebody in the community who is not so well-known. It cannot be the other way around. as compared to yours. For example. would you say that there are four separate aggravating circumstances. Social standing could mean many things. Suppose a 70-year old man physically assaulted a 20-year old. if the rank-and-file employee assaults the manager of the company. Age The law does not contemplate that the offender is simply younger than the victim. The wider is the gap between the offended and the offender. and then you assault somebody who is 70 years old. will the aggravating circumstance apply? Answer: Yes. Jose Charito Cortez. the circumstance. whose difference in age (with respect to the victim) should be one or such that one qualifies to be the parent of the other. The offender here is male: the offended party is female. age and sex have a common characteristic – they are part of the personal background of the victim. Rank It means that there is a difference in social standing between you (the offender) and the victim. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. is based not on personal qualification. It is absurd that if a ACADCOM 2004: Antoinette Principe. Jette Roy Sanchez. it’s the other way around. The age difference should be substantially farther. on the other hand. You are 20 years old. Iñigo & Atty Teodoro V. that is aggravated. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. where the accused shot the victim from the street – meaning he shot him through the window and killed the occupant inside the house – the Supreme Court applied the aggravating circumstance of dwelling. One who goes to his house to commit a crime against him is more perverse than somebody who offends him somewhere else. like rape or seduction. the staircase and the enclosure under the house. Jerry Catague. The staircases part of the dwelling. you do not say that a man is guilty of raping a woman with the aggravating circumstance of disregard of respect due to the victim because of her sex. Ryan Reyes & Marilou dela Cruz 108 . because the two are inconsistent positions. However. In other words. And the perversity is shown by the place of the commission of the crime. Also. Joji Bernadette Ancog. Jette Roy Sanchez. But you are not to rape except a woman! Also. Ambo. Because you cannot deliberately disregard respect to the victim when you are already acting with passion or obfuscation. is dwelling aggravating? Yes. So. By nature. when a crime is committed with passion or obfuscation. It includes even the garage beside the house where you clean your car. the offender is male and the offended party is female. this will not apply if the difference id INHERENT in the crime. “Dependencies” of one includes the jamb of the house. Like what happened in one where the offender went to the house of the victim to kill him. “Dwelling” in Spanish is known as the aggravating circumstance of morada. at least he knows to respect the rules of man. it is NOT necessary that the crime is finally consummated inside the house of the victim. Jose Charito Cortez. then goes to your bedroom and attacks you inside. this paragraph is automatically out. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. there is something wrong there. Dwelling includes the dependencies of the house. Zaldy Lu. Iñigo & Atty Teodoro V. It is worse when somebody goes to your house. Alex Blaise Cunanan. That’s the concept. then the man will accuse a woman of physical injuries with the aggravating circumstance of disregard for his sex. Question: Is it necessary for the offender to go inside the house to commit a crime? Answer: No. If the offender waits for you to go out of your house before he commits a crime. In the case of People vs. In this case. because the initial attack started in the residence of the victim. Question: When is dwelling not aggravating? When does dwelling not apply as an aggravating circumstance? ACADCOM 2004: Antoinette Principe. Question: What is meant by “dwelling”? Answer: It is supposed to be a structure used for rest or comfort. This guy is more perverse. Angel woman will maul a man. Dwelling Question: What was the reason behind this? Answer: A man’s home is supposed to be his castle.THE FRATERNAL ORDER OF ST. Ryan Reyes & Marilou dela Cruz 109 . Or robbery of an inhabited house. ACADCOM 2004: Antoinette Principe. you taunt them. your house is your castle. although both of the offender and the victim are living in the same house on the theory that. Alex Blaise Cunanan. Question: Is the dwelling aggravating? Answer: No. 2. Iñigo & Atty Teodoro V. The Supreme Court said: there is trespass to dwelling because the offender had no right to enter the room of the victim.) That the crime be committed in contempt or with insult to the public authorities. In other words. you have waived the sanctity of your own dwelling by doing that.) It is not aggravating if the offended party has given provocation. dwelling is not aggravating anymore. You cannot complain that the sanctity of your house is violated. you insult. He is just a house guest and he commits a crime there while he is a guest. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. It should be aggravated by dwelling.) That the act be committed with insult or in disregard of the respect due the offended party on account of his rank. Jette Roy Sanchez. this exception does not apply in a boarding house. age. Meaning. In the crime of trespass to dwelling. who passes by. where the offender and the offended party are both boarders. He does not own it. and such is no longer aggravating. That the act be committed with abuse of confidence or obvious ungratefulness.THE FRATERNAL ORDER OF ST. Joji Bernadette Ancog. One of them goes pissed. and commits crime against you. They should not go there to commit a crime against you. If. Everyone. He went inside your house and attacked you. Jose Charito Cortez. it is only temporary. Jerry Catague. Is this aggravating? Answer: Yes. 4. or that is be committed in the dwelling of the offended party. Zaldy Lu. while it is true that you share the same dining room. for example. he assaults you. For example. Example: Trespass to Dwelling. The offender would just retort that the house is also his. an exclusive room. Angel Answer: There are several: 1. if the latter has not given provocation. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. you gave provocation. the same sala. Dwelling is aggravating even if the stay of the victim in the house is a transient. it is already part of the crime. The decided case is a case on trespass to dwelling wherein a boarder forcibly entered the room of another boarder. But you should not use this castle as a fortress to abuse others. a boarder enters your room. People are expected to respect that. Both of you have the right to live in the house. or sex. you are in your house. There. in a boarding house. However. Question: Suppose the person who is the victim is staying in that house temporarily. the room of one boarder is exclusively his. 3. That is a crime necessarily committed in your house. In this sense. This is already considered covered by paragraph 3. No more. A good example is estafa through abuse of confidence. you put clothing on his back. Jerry Catague. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Angel There are situations here. Iñigo & Atty Teodoro V. you take somebody to your house. This was applied in the case where a “yaya” killed the child entrusted to her care and custody. that is estafa. etc… because whatever you have done to the least of My brethren you have done unto Me. There are actually four separate circumstances here: (i) That it is committed in the place of the Chief Executive ACADCOM 2004: Antoinette Principe. He repays your kindness with a crime. The abuse of confidence there is already an integral part of the crime. You pity him because he is homeless. So. That the act is committed with: (a) abuse of confidence. That is already considered a part of the crime. And you are a Good Samaritan. What makes the crime aggravated is the place where it was committed. When you misappropriate goods entrusted to you. You took pity on him. Jose Charito Cortez. and (b) obvious ungratefulness Abuse of Confidence One of the ways of aggravating a crime is through the ways and means employed in its commission. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. and you feed the hungry. Alex Blaise Cunanan. With Obvious Ungratefulness For example. Jette Roy Sanchez. so it is no longer considered aggravating. That the crime be committed in the palace of the Chief Executive or in his presence. Ryan Reyes & Marilou dela Cruz 110 . What kind of man is that! No “utang na loob”! That is the essence of obvious ungratefulness.THE FRATERNAL ORDER OF ST. the killing of the child was considered as aggravated by abuse of confidence on the part of the offender. Or qualified theft by an employee who committed it with abuse of confidence. 5. You know the Bible. your appliances are gone. That is what makes the crime aggravated. When you wake up one morning. He has no place to go. Joji Bernadette Ancog. So. or in a place dedicated to religious worship. That is not aggravating because that type of estafa is coupled with abuse of confidence. you believe in that too. he is starving. This will not apply again if the abuse of confidence is already a part of the elements of the crime. Zaldy Lu. or where public authorities are engaged in the discharge of their duties. In paragraph 5. The law requires that it be committed in his presence.THE FRATERNAL ORDER OF ST. (ii) In the presence of the Chief Executive. the church. in paragraph 2. whenever such circumstances may facilitate the commission of the offense. If you committed a crime in his presence inside his office. the mosques – or any other place where people pray that is considered a holy place. why commit in that place? He could commit the crime anywhere else. you are covered by paragraph 5. or inside the mayor’s office when he is already gone. Jerry Catague. What is important is that it is committed in a place dedicated to worship. Angel Malacañang Palace. That is the difference. (iii) Where public authorities are engaged in the discharge of their duties. There need not be a religious ceremony going on at that time. This is because of all places where you could commit it. Zaldy Lu. a public authority. for as long as the crime is committed in his presence. Or if the crime is committed in the presence of the city mayor while he is discharging his duties at the mayor’s office. A good example is when a crime is committed in front of a judge while he is presiding in the courtroom. Jose Charito Cortez. the Chief Executive need not be there. Meaning. Ryan Reyes & Marilou dela Cruz 111 . or by a band. you fall under paragraph 5. Question: How do you compare (iii) with paragraph 2 – that the crime be committed in contempt of or with insult to the public authorities? Answer: The distinction is: If the public authority is in the discharge of his duties inside his office and you commit a crime in his presence. (iv) That the crime be committed in a place dedicated to religious worship. or in an uninhabited place. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. you are covered by paragraph 2. It is not aggravating. Jette Roy Sanchez. he may or may not be the victim of the crime. Now. after the court session has ended or after office hours. Moreover. That the crime be committed in the night time. That is immaterial. What is important is the place. suppose there is no religious worship. This is whatever he may be. while he is engaged in the discharge of his duties. Iñigo & Atty Teodoro V. If you assault the mayor inside his office. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. suppose the crime is committed inside the courtroom. Alex Blaise Cunanan. So. It was simply committed in his presence. 6. like a mayor. should not be the victim of the crime. If he is engaged in the discharge of his duties outside his office and you committed a crime in his presence. Why choose to commit it – of all places – in a place dedicated to religious worship. Now. ACADCOM 2004: Antoinette Principe. you are covered. Joji Bernadette Ancog. Now. for instance. an uninhabited place because of the place. In one decision. in the dark. Zaldy Lu. Question: What is subjective test? Answer: Subjective test: whether or not nighttime is purposely sought by the offender in order to successfully commit the crime with impunity. Jerry Catague. how many aggravating circumstance are there? Answer: There seems to be a conflict here:  The authors of many books cite the Supreme Court of Spain based on the identical provisions of the Spanish Penal Code. Iñigo & Atty Teodoro V.the objective test and the subjective test. if the crime is committed during daytime. Nocturnidad Question: What do you mean by nighttime? Answer: Well. ACADCOM 2004: Antoinette Principe. Question: What is objective test? Answer: Objective test: even if nighttime is not especially sought for. in an uninhabited place and committed by a band? So. There are two tests to determine whether or not the crime is aggravating . There are three circumstances here: (i) (ii) (iii) committed in the night time. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. So. Angel Whenever more than three armed malefactors shall have acted together in the commission of an offense. does daytime facilitates the commission of the crime? On the contrary.THE FRATERNAL ORDER OF ST. one who commits a crime when all three are present is more perverse than one who committed it only with one of them present. sunset to sunrise. Ryan Reyes & Marilou dela Cruz 112 . we have in the Civil Code. Night time is aggravating because of the time. committed in an uninhabited place. the Spanish Supreme Court said that the three should be treated only as one. the possibility of being recognized is low. Jose Charito Cortez. all the three present. band because of the ways and means employed. the possibility of detection. it facilitated the commission of the crime. Jette Roy Sanchez. or committed by a band Question: What happens if the felony is committed at night time. In order that nighttime may be considered as aggravating. at least one test should apply. it shall be deemed to have been committed by a band. the same Supreme Court said that there should be three because they do not have any common denominator.  But in another decision. Joji Bernadette Ancog. However. In the first place. Alex Blaise Cunanan. So. it will not be aggravating. not every crime committed at nighttime becomes aggravating. if the place is NOT uninhabited place. Joji Bernadette Ancog. Does the aggravating circumstance of solitude apply? Answer: No. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Zaldy Lu. That is not the test. Because the offender found it best to commit the crime in a place where no one could help. But accidentally. by accident. chances are. Obviously. But after a few minutes. not the accidental fact that nobody went to his rescue. Jerry Catague. it is nighttime again.THE FRATERNAL ORDER OF ST. He was shouting for help. Even if it will pass the test. Question: When is a place uninhabited? Answer: Where there are no houses around. Or even if there are some houses. Alex Blaise Cunanan. The test is by its very nature. the place is of considerable distance from the town or proper. they are so far from each other that you cannot reach or seek help from your nearest neighbor. the darkness of the movie house has facilitated the commission of the crime. Jette Roy Sanchez. Angel PROBLEM: Suppose a crime is committed by the accused against you inside a movie house? You go to movie house during daytime – when you have just entered. nobody came out… Answer: That is not the test. Was the crime aggravated by despoblado? Answer: Yes. no matter how you look at it. Question: A person was attacked at night in the middle of the subdivision. there were many people around. nut nobody came out to help him. it will not also be aggravating. Question: Is that aggravating? Answer: No. Question: But nobody helped him. and you cannot see anything because your eyes have not yet adjusted to the darkness. Nighttime speaks of sunset to sunrise. The test is on whether or not there is a possibility of calling for help. If you enter the movie house at 12:00 noon. and when you enter again. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Are there people there? Meaning. it turns out that there were people. you can now see. still it is not nighttime. The test is the very nature of the place. It is not sufficient that at that very moment. Despoblado Uninhabited place is also known as the aggravating circumstance of SOLITUDE. ACADCOM 2004: Antoinette Principe. the accused assaulted you. at that very moment. Ryan Reyes & Marilou dela Cruz 113 . Iñigo & Atty Teodoro V. That when you go outside. So. it cannot be nighttime. it is daytime. after you have adjusted to the dark. Jose Charito Cortez. there were hunters who were around at that time. In the same manner that even if nobody helps you. because he was attacked in the middle of the subdivision. Question: There was a case in which the crime was committed in the middle of the forest. What are the aggravating circumstances present? Answer: There is one – uninhabited place. it shall be deemed to have been committed by a band. under the phrase “more than 3 armed malefactors acted together”. the offender followed him in a motorboat and killed him. because the law says that more than three armed men. who were many. when he was going home. Hence. Held: Exactly. Jerry Catague. so there are at least four. Question: Suppose 100 people attacked you. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. So. and the other one has a club. the 97 are unarmed. Is band an aggravating applicable? Answer: Still the answer is NO. in effect they are armed because it is not necessary that they are armed with firearms or guns. Question: These four or more offenders are armed with what? Answer: The law says “armed”. Question: Suppose 100 people attacked you. Iñigo & Atty Teodoro V. They were about 4 or 5. There was an intention to cause death when the accused threw stones at the victim – thus. more than three should have been armed. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Nobody lives in the middle of Manila Bay. Three of them are armed. He was there fishing. there is an aggravating circumstance of band. Then. Three of them are armed. because the law says “more than three armed men”. Alex Blaise Cunanan. Angel Question: The victim was killed in the middle of Manila Bay. They hit him and then they get stones and threw stones and rocks at him. Quadrilla The law gives us the definition of a band: wherever more than three armed malefactors shall have acted together in the commission of an offense. Jose Charito Cortez. ACADCOM 2004: Antoinette Principe. Zaldy Lu. Jette Roy Sanchez. So. This happened in Pasay City. including stones under the term “armed”. Issue: Whether or not a crime was committed by a band. Take note that the law says MORE THAN THREE.THE FRATERNAL ORDER OF ST. PEOPLE vs. the offenders. Suppose one has a bolo. Joji Bernadette Ancog. attacked the man by throwing stones at him. one has a gun. MANLOLO 169 SCRA 394 Facts: Somebody. the 97 are unarmed. Ryan Reyes & Marilou dela Cruz 114 . was attacked by a group of istambays. Is the crime aggravated? Answer: NO. Jerry Catague. They left the motor launch after robbing their co-passengers and killing some of the passengers. However. Question: How do you distinguish this from a crime committed bay a band? Answer: In here. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Looters. Ryan Reyes & Marilou dela Cruz 115 . ACADCOM 2004: Antoinette Principe. aggravated by paragraph 7. It should be big in magnitude. shipwreck. There was a case before decided by the former CFI of Davao City where a motor launch runs out somewhere between Davao and Davao del Sur. In band. when the crime of theft is committed during fire. based on the amendment of Article 310 of the RPC (qualified theft by a special law). Alex Blaise Cunanan. Jette Roy Sanchez. They were convicted here in Davao and the judge here said that the crime was aggravating by paragraph 7 because it was committed on the occasion of misfortune. the crime is no longer simple theft but is considered as qualified theft. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. if it is not properly alleged in the information. there are also some armed men. the crime is simple theft. That the crime be committed with the aid of armed men or persons who insure or afford impunity. Question: What is an example of other calamity or misfortune? Answer: Based on statutory construction. people should help one another. Angel 7. raising it to the category of a higher offense. earthquake. Some of the passengers decided to rob their fellow passengers and escaped. But in your case. Mayon eruption. When we say shipwreck. But if it is properly alleged. Jose Charito Cortez. you took advantage of the confusion to commit the crime. there should be four or more armed men. The best example is during fire or conflagration. That is precisely what is contemplated in this aggravating circumstance. you are committing a crime during the height of a volcanic eruption or during the height of a typhoon. While the people are fleeing for their lives. Zaldy Lu. earthquake. What is misfortune? That the motor launch was left just floating out there in the sea? When the case reached the Supreme Court. A good example is the Mt. it involves a lot of people in a water area rather than the people who were stuck in the motor launch.THE FRATERNAL ORDER OF ST. paragraph 7 is converted from an ordinary aggravating to a qualifying circumstance. epidemic or other calamity or misfortune. it should be of the same magnitude as a conflagration. earthquake or epidemic. People go out there not to help but to steal. As a matter of fact. Joji Bernadette Ancog. the court rejected the application of the aggravating circumstance because the misfortune contemplated by the law is not that which will affect only a small number of people in the motor launch. That the crime be committed on the occasion of a conflagration. Take note that on occasion like these. shipwreck. 8. In this case. you are emboldened to commit a crime because you have a “back-up”. the four armed men should act together in the commission of the felony. it is not necessary that the armed men acted directly in the commission of the felony. Question: What happens if the crime is committed by a band when 4 or 5 persons acted together? What happens to paragraph 8? Answer: That is already absorbed by a band. 9. to constitute a band. Zaldy Lu. Meaning. But they did not act directly. at the time of his trial for one crime. Like for example. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. meaning. the liability of the principal is aggravated by paragraph 8. Jose Charito Cortez. who were all armed.THE FRATERNAL ORDER OF ST. 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. ACADCOM 2004: Antoinette Principe. PEOPLE vs. Ryan Reyes & Marilou dela Cruz 116 . So. Joji Bernadette Ancog. their participation was direct and they should have acted together. in order for it to be aggravated in the situation. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Alex Blaise Cunanan. their participation should be indirect rather than direct. 10. Jerry Catague. It is enough that the crime be committed with the aid of armed men. BUELA 227 SCRA 534 Issue: Is the aid of armed men aggravating if the three persons were all armed under the same plan and with the same purpose? Held: When the crime is committed by three persons. A recidivist is one who. the aggravating circumstance of the crime having been committed with the air of armed men under Article 14 (8) of the RPC cannot be appreciated in this case because if they acted with the same plan and with the same purpose – meaning. one commits the crime and then he relies on the armed men behind him to help if necessary. Angel Question: Suppose there are only two or three men? Answer: Then it falls under paragraph 8. Jette Roy Sanchez. when the crime is committed with the aid of armed men. But here. They are accomplices. Iñigo & Atty Teodoro V. Meaning that they acted indirectly is sufficient. Moreover. shall have been previously convicted by final judgment of another crime embraced in the same title of this Code. That the accused is a recidivist. even if he was pardoned. Iñigo & Atty Teodoro V. Zaldy Lu. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. you were convicted before for physical injuries. Meaning. and he must be found guilty for the second offense. The best example is. has been previously convicted by final judgment of another crime embraced within the same title if the Penal Code. Physical injuries and homicide are both Crimes against Persons.THE FRATERNAL ORDER OF ST. quasi-recidivism. for which he was convicted. Question: Suppose a person was convicted before for the crime of homicide. So. And what is important is that the felony which he previously committed. he is at least a second offender. the pardon may erase the penalty. is a special aggravating circumstance. Or you were convicted before of the crime of theft. Alex Blaise Cunanan. and you are found guilty of homicide. Jette Roy Sanchez. and the case is not now on appeal with the Court of Appeals. the offender is not committing the crime for the first time. the previous conviction is not of a special law. He has a previous criminal record. So. The third one. if the two felonies are not embraced in the same title of the Code. Answer: In the RPC. Joji Bernadette Ancog. Can his liability of physical injuries be aggravated by recidivism? Answer: Yes. not the service of sentence. And now. there are four types of criminal repetition: (i) (ii) (iii) (iv) recidivism habituality or (reiteration) habitual delinquency (multi-recidivism) quasi-recidivism Recidivism and habituality are ordinary aggravating circumstances which are found in Article 14. he is found guilty of the crime of physical injuries. Reiteracion ACADCOM 2004: Antoinette Principe. but for the same felony. Ryan Reyes & Marilou dela Cruz 117 . are embraced within the same title of the Revised Penal Code. habitual delinquency. Angel Question: What are the four types of criminal repetition in the Penal Code? Meaning. Jose Charito Cortez. is what called extraordinary aggravating circumstances. a Crime against Person. Jerry Catague. And the last one. there is no recidivism. The important thing is the conviction. and you are found guilty of robbery or estafa – which fall under Crimes against Property. The law just states x x x has been previously convicted by final judgment. Reindicia Question: Who is a recidivist? Answer: A recidivist is a person. The law does not require service of sentence. who. he has a previous conviction for another felony. while on trial for one offense. but it will not erase the fact of conviction. and the present felony for which he is now found guilty. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. So obviously. either higher or same. Question: The first offense is a light felony. and the penalty for the new felony is also a prision mayor? Answer: Then reiteracion applies because the law says he has been punished for a crime to which the law attaches an equal penalty. and rape (Crimes against Chastity). Jose Charito Cortez. Jette Roy Sanchez. Ryan Reyes & Marilou dela Cruz 118 . but was pardoned by the President. For example. 11. he was only sentenced to one day of arresto mayor. He was sentenced a penalty of one day imprisonment of arresto menor. PROBLEM: Suppose a person was found guilty of the crime of homicide and was sentenced to a penalty of reclusion temporal. Iñigo & Atty Teodoro V. If you look at his record. was found guilty of slight physical injuries – light felony and he was sentenced to one day of arresto menor. he is found guilty of rape. he is found guilty of a Crime against Persons. it is not embraced in the same title of the Penal Code for which he is sentenced by the trial court prision mayor. another felony? And the penalty for homicide before was higher. the law requires that he has PREVIOUSLY BEEN PUNISHED. Question: Is there reiteracion? Answer: NO. or promise. slander (Crimes against Honor). he is not a recidivist. In recidivism. reward. habituality need not embrace similarity of the previous offense and present offense. As a matter of fact. because if they are embraced in the same title. The first one is slight physical injuries (Crimes against Persons). no two crimes are embraced in the same title of the Penal Code. Reiteracion applies because he has been previously punished for another offense for which the law attaches a higher penalty. Angel Take note that in paragraph 10. So. a person commits or was convicted before and punished for a Crime against Property for which he was sentenced to the penalty of reclusion temporal. In reiteracion. Alex Blaise Cunanan. So. then it becomes recidivism. This time the felony (rape) is punishable with reclusion perpetua. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. not merely convicted. all that the law requires is a PREVIOUS FINAL JUDGMENT of conviction. Now. That the crime be committed in consideration of a price. Zaldy Lu. he did not serve any single day in jail. PROBLEM: Suppose a man. not convicted. Later on. Joji Bernadette Ancog. several years ago. Is there reiteracion? Answer: Yes. the second offense is also a light felony. Question: Suppose the penalty for the first felony is a prision mayor. because he has been previously punished for two offenses to which the law attaches a lesser penalty. he was found guilty of robbery. Should not be. and he is punished with the penalty of reclusion perpetua. So. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F.THE FRATERNAL ORDER OF ST. he was found guilty of slight oral defamation. Jerry Catague. And now. What is important in reiteracion is he was previously punished. ACADCOM 2004: Antoinette Principe. And then after a year. they did not stop the conspiracy. but it also includes the giver. That guy has no grudge against the victim. Jose Charito Cortez. the case of People vs. Question: If I hire someone to kill my enemy. Joji Bernadette Ancog. 923) and US vs. then the person who gave the offer to commit the crime in exchange for a reward is also a depraved person. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. In other words. ACADCOM 2004: Antoinette Principe. Maharaja (38 Phil. You hire somebody to kill for you.THE FRATERNAL ORDER OF ST. However. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. how can you hire somebody if he will not agree if there is no agreement? So. Meaning. The best example would be the hired assassin. and one that commits the crime is called principal by direct participation under Article 17 of the RPC. there is no more doubt as that has been settled. where the Supreme Court said that the aggravating circumstance applies both to the one giving the price or reward AND the person who receives the price or reward. Paragraph 11 is already settled as applied to both the participants and the inducer. The crime was committed in consideration of price. PEOPLE vs. The general rule about aggravating circumstances is that even if the aggravating circumstance is not alleged in the complaint or information. But because he is willing to commit a felony – that shows perversity on the part of the offender. in the book of Reyes. the implication was that it is only aggravating for the person who receives the reward or price. Now. It will not affect the giver because the law says xxx that the crime be committed in consideration xxx. Ryan Reyes & Marilou dela Cruz 119 . the case of Talledo. but proven during the trial. whose liability under paragraph 11 will be aggravated? The liability of the killer only. the crime was fully executed by one. guns for hire. We call the one hired him as principal by inducement. If a person is considered as morally depraved for committing a felony in exchange of a material reward. Iñigo & Atty Teodoro V. the principal by direct participation. And the implication is that “committed” refers to the one committing it. Whatever statements that appears in the book of Reyes about the doubt. What is contemplated by the law here is that there was a previous proposal and a previous conspiracy. Zaldy Lu. not the mastermind. Because. reward or promise is aggravating for both not only the receiver but also the giver. Jerry Catague. But in another case also cited in his book. Talledo (85 Phil. he does not even know the victim. The important thing is that it was established during the trial. It is not necessary to allege it. mercenaries are best examples. Alex Blaise Cunanan. Jette Roy Sanchez. he cited some old decisions which appear to be conflicting. The case of People vs. Parro (36 Phil. Hired guns. Angel What makes the crime aggravating is the motivating power. it should be appreciated. 1). reward or promise. reward or promise be aggravating for both of us? Answer: It is not only the one who receives the price. hired killers. or should price. 539). ALINCASTRE 40 SCRA 391 The price. has been misinterpreted because the Supreme Court has already corrected that in 1971. But if it is alleged in the information. In paragraph 7. or by the use of any other artifice involving great waste and ruin. that’s how you apply the circumstances in relation to Book II. Jette Roy Sanchez. So. And the qualifying circumstance in parricide is not poison. the use of poison is no longer aggravating. the crime is not murder. If properly alleged in the information. it should be properly alleged. That the crime be committed by means of inundation. poison. the crime was committed BY USE OF x x x. Question: Suppose the husband killed his wife by poisoning her. in which case. To appreciate recidivism. 12. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Jose Charito Cortez. ACADCOM 2004: Antoinette Principe. but relationship.THE FRATERNAL ORDER OF ST. since the qualifying circumstance is relationship. the timing x x x ON THE OCCASION x x x. Do not confuse this with paragraph 7. because if the husband kills the wife. Is the use of poison aggravating under paragraph 12?. if a person is charged only with homicide. What crime did he commit? It is still homicide under the Rules of Criminal Procedure because you cannot convict a person for an offense higher than the one being charged. Zaldy Lu. etc. derailment of a locomotive. but PARRICIDE. When you kill somebody by poisoning him under Article 248. Now. Answer: Yes. or fire. Absence of this allegation bars the trial court from allowing of evidence regarding the matter. fire. So. Jerry Catague. this would not apply if the use of fire is included in the definition of the crime. the crime is murder. The use of poison was alleged in the information. This is one of the qualifying circumstances of murder. Another example would be that the crime was committed by means of poison. qualified by the use of poison under Article 248. fire can no longer be aggravating. and in the course of the trial. it is necessary to allege it in the information. it was established that he killed the victim by poisoning him. being already considered as part of the elements of the crime. the rule does not seem to apply to recidivism because. the crime is homicide. So. So. explosion. recidivism should be alleged in the information. aggravated by the fact that he committed it by means of poison. Here. ways and means of the crime. So. the crime was committed on the occasion of a conflagration. Like arson. Angel However. Joji Bernadette Ancog. the use of poison becomes an aggravating circumstance under Article 14 (12). based on some decisions of the Supreme Court. Ryan Reyes & Marilou dela Cruz 120 . It is already part of the elements of the crime. what qualifies it as aggravating is the manner. stranding of a vessel or international damage thereto. since the means is fire. Alex Blaise Cunanan. However. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Iñigo & Atty Teodoro V. it is called murder. not under Article 14. However. He has all the time to reflect. the offender did not have sufficient time to reflect the commission of the crime. it is a meditated act.THE FRATERNAL ORDER OF ST. One day. There must be sufficient time between the determination to commit the crime and the day the crime was committed to show that he has the time to reflect. He did not kill X because of error in personam. ACADCOM 2004: Antoinette Principe. based on Article 4. Question: Is the killing of Y by evident premeditation? Answer: No. He killed X but it turned out to be Y. 14. That is the phrase to whom that my concern. In Spanish. even before the date it was actually committed. Jerry Catague. The longer the time he has to reflect. That the craft. And the last requisite is a matter of computation. for example. You did not ponder. The longer the time gap. Suppose. the premeditation becomes more evident. I will kill the people I will meet. So. but there is no error in personam. So. Jette Roy Sanchez. Now. it is called premeditacion. thinking still proceeded to commit the crime. Y was not a part of that premeditation. the better. Iñigo & Atty Teodoro V. so it was more of emotion than reason. where the accused planned to be amok. Whoever I meet is part of my premeditation. You must have previous history of the party. that should not be confused with the ruling that it is not necessary to premeditate for a specific victim. the application of this circumstance becomes clearer. he has all the time to reconsider. That the act be committed with evidence premeditation. Zaldy Lu. This is one of the hardest aggravating circumstances to prove because it is not enough that you prove that the accused committed the crime. Why? Because when I premeditate. Despite the careful deliberation. there is none because he did not premeditate the death of Y. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. he started to implement it. The evidence would show that he premeditated the death of X. Evident premeditation WILL NOT APPLY in error in personam. but still he proceeded. what is sufficient time is relative. However. Alex Blaise Cunanan. how about 15 minutes? The number of hours is sufficient. Joji Bernadette Ancog. Of course. Jose Charito Cortez. He will now be prosecuted for the death of Y and it was established that he has been planning to kill X for so long. But I did not ponder. He will kill every person he meets. There is no error. Is my liability aggravated by evident premeditation? Yes. Angel 13. he will not be prosecuted for the death of X because he did not kill X. In passion or obfuscation. you must also prove that the accused already planned or was determined to commit the crime. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. PROBLEM: A planned to kill X and he has planned to kill X for so long. fraud or disguise be employed. this is the exact opposite of the mitigating circumstances that the crime was committed with passion or obfuscation. Ryan Reyes & Marilou dela Cruz 121 . Now. It is the other way around here. Therefore. he planned to commit the crime one or two days before it can be. He planned and he made preparations to kill X. There is the use of trick or scheme by the offender. If the driver knows your intention. or even kills the driver. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Zaldy Lu. the crime was aggravated with craft and fraud. Jette Roy Sanchez. PEOPLE vs. and due to this. EMPACIS 222 SCRA 59 The stratagem and ruses that constitute craft and fraud are the following:  Where are accused pretended to be constabulary soldiers and by that ploy. For example. tells the driver to bring him to this place.THE FRATERNAL ORDER OF ST.    When they pretended to be the co-passengers of the victim in a public utility vehicle. He tricked the driver to bring him to a designated spot. They posed as customers to buy cigarettes. And what is the trick? The offender who is actually a robber pretended to be a paying passenger. The robbery there is definitely aggravated by the use of craft. Insidious machination by the offender. fraud refers more to the trickery or to the use of words by the offender. Joji Bernadette Ancog. Why will he allow himself to be robbed or even killed? Just for that distinction. he will not get you as a passenger. Angel Now. rather than the use of words – intellectual trickery or action. Jerry Catague. Whereas. PEOPLE vs. In all those instances. somebody rides a taxi. Disguise When the offender tries to conceal his identity. gained entry into the residence of their prey. craft and fraud are almost identical. Alex Blaise Cunanan. to rob them thereafter. and then when they reach the place. the passenger now announces a hold-up and divests the driver of his income at that time. Iñigo & Atty Teodoro V. There is an employment of tricks. When they pretended to be customers wanting to buy a bottle of wine.  They pretended to be needful of medical treatment. it is more of craft. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. they were able to enter the house of the victim and there robbed and killed him. The only difference is the manner the trickery was committed. The offender resorted to tricks to commit the crime. actually. etc. craft and fraud are identical. Jose Charito Cortez. or as being thirsty asking to drink a glass of water. If the trickery is more of scheme or action. SONSONA ACADCOM 2004: Antoinette Principe. Ryan Reyes & Marilou dela Cruz 122 . he was still recognized even if he disguised. Actually. the Supreme Court considered the circumstance still as applicable. then we cannot say that he deliberately took advantage. CABATO 160 SCRA 98 Facts: The accused disguised himself by covering his face and the disguise fell down.THE FRATERNAL ORDER OF ST. Jette Roy Sanchez. Now. So. only that it fell down. Ryan Reyes & Marilou dela Cruz 123 . Angel Facts: The offender covered his face with a handkerchief in order to prevent his being identified. Jerry Catague. This generally applies to Crime against Persons. That advantage be taken of superior strength. he was recognized. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. ACADCOM 2004: Antoinette Principe. There is no showing that the offender really relied on superior strength. when the two or more people committed the crime. It cannot be presumed. in order for the aggravating circumstance of superior strength to apply. It has to be clearly established. PEOPLE vs. the victim recognized him. In Cabato case. or the cover of his face accidentally fell down. Zaldy Lu. And not only that. shall it mean to say you have more assets than that of the other? Like for example. and then superior strength is really apparent. Joji Bernadette Ancog. superiority in number would definitely give the offender superior strength. the disguise could have been successful. Jose Charito Cortez. Iñigo & Atty Teodoro V. Held: Disguise is not aggravating because he was not successful. And when we say “superior strength”. Therefore. He clearly took advantage of it because if the crime is the product of anger or emotion. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. the disguise would have been successful. had it not fell down. there must be evidence that the offender is of superior strength than the other. Meaning. Question: What makes this case different? Answer: In the Solsona case. nothing fell down. The cover is still intact. Or when one is armed with the weapon and the other is not armed with a weapon. Held: The disguise is aggravating. Alex Blaise Cunanan. 15. or means be employed to weaken the defense. he was not successful. That means be employed to weaken the defense. but just the same. But despite that. Joji Bernadette Ancog. Angel The other one is a little bit different. ACADCOM 2004: Antoinette Principe. Maybe. You have to close your eyes. you cannot see. Jose Charito Cortez. Alex Blaise Cunanan. If your eyes are filled with sand. my strength becomes superior. Jette Roy Sanchez. Zaldy Lu. But the accused saw it that the victim will be at the disadvantage. That is the time he is assaulted. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Jerry Catague. So. Iñigo & Atty Teodoro V. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. no one is superior to the other. the parties are of equal strength.THE FRATERNAL ORDER OF ST. So how can you defend yourself? Where the offender deliberately intoxicated his victim and the victim was already drunk he could hardly stand. if you are now in a disadvantage. Ryan Reyes & Marilou dela Cruz 124 . in effect. It has been applied to cases:   Where the accused threw sand into the eyes of the victim. THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel Memory Aid (from the notes of Atty. Teodoro V. Angel) The following are aggravating circumstances: A I D A D U S A R P P I E E A T I U D A A 1. That Advantage be taken by the offender of his public position. 2. That the crime be committed in contempt or with Insult to the public authorities. 3. That the act be committed with insult or in Disregard of the respect due the offended party on account of his rank, age, or sex, or that is be committed in the dwelling of the offended party. 4. That the act be committed with Abuse of confidence or obvious ungratefulness. 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. 6. That the crime be committed in the night time, or in an Uninhabited place, or by a band 7. That the crime be committed on the occasion of a conflagration, Shipwreck, earthquake, epidemic or other calamity or misfortune. 8. That the crime be committed with the Aid of armed men or persons who insure or afford impunity. 9. That the accused is a Recidivist. 10. That the offender has been Previously punished by an offense. 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. 15. That Advantage be taken of superior strength, or means be employed to weaken the defense. 16. That the act be committed with Treachery (alevosia). 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. 19. That as means to the commission 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. 21. That the wrong done in the commission of the crime be deliberately Augmented by causing other wrong not necessary for its commissions. (Recall: AIDA DUSA RP PIE EAT IUDA A) Requisites of Evident Premeditation: T A La 1) Time when offender came to DETERMINATION to commit crime; and 2) Overt Acts indicating that offender clung tenaciously to his determination to commit crime; and 3) Sufficient Lapse of time between determination and execution allowing offender to calmly reflect on consequences of his actions. ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 125 THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel (Recall: TALa) Requisites for Superior Strength (Three Test) 1. 2. 3. Notoriously Inequality of forces; Numerically superiority of accused over victim; and Kind of weapon used by accused out of proportion to defense available to victim. (Recall: INK) Requisites of Treachery: 1. 2. That offender Consciously adopted this particular means; and That the Means would ensure commission of crime without Risk to himself Arising from Defense that offended party might make. (Recall: CoMe / RADe) ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 126 THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel TITLE TWO PERSONS CRIMINALLY LIABLE FOR FELONIES In every felony, there are generally two parties involved: 1. 2. The offended party – the victim; and The person who commits the felony. Now, the person who commits the felony must be a natural person. Therefore, only human beings are contemplated by law. That is obvious because in every felony, there is an act or omission. Act means a physical action, a physical movement. A corporation has no physical existence. It is only a person under the law. Also, for a person to be liable for a felony, he must have the; 1. 2. 3. Freedom; Intelligence; and Intent These are faculties belonging to a human being. A corporation can be held liable for committing a criminal act, but generally the one who will go to jail are the officers because the corporation can only act through its officers. However, the victim of a corporation can be a juridical. You can swindle another company and you commit Estafa by running away with corporate funds. So, a corporation cannot be an offender, but it can be an offended party. Of course, the one who will file the case is the officer in behalf of the corporation. But definitely, whether you are the offender or the offended party, you must be a person because if you are not a person, you have no right under the law. Logically, a dead man cannot be a victim of any felony except the crime of libel or oral defamation under article 253. The concept of libel can be committed to blacken the memory of the dead person because libel is a crime against honor. While it is true that a person’s rights die with him, his honor is not suspended to die with him. His honor is supposed to live after him forever. So no one has the right to defame the honor of another person just because he is already dead. Now, we are not interested here in the victim. We are interested in the persons who are criminally; 1. 2. 3. Principals; Accomplices; and Accessories ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 127 THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel There is an analogy about the movies, the principal or main actor is the lead, and the story revolves around them. Now, what about the accomplices? They are the supporting cast and minor characters. How about the accessories? These are the extras; they are seen only in a scene or two. 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. Article 16 immediately gives us the principle. For grave and less grave felonies, all of them are liable. But for light felonies, only the principals and accomplices are liable. So, conclusion: Accessories are exempt from criminal liability in light felonies. In effect, Article 16 is an exempting circumstance based on public policy. The reason behind this is similar to that in Article 7 where the general rule also is: Light felonies are only punishable when they are consummated. Question: Why? Answer: The role of an accessory is very minor. Even in grave or less grave felonies, the penalty given to an accessory is very light, very much lower than the principal. How much more if the felony is light? If the felony is light, even the penalty for principal is also light. So, what would be the penalty for the accessory? Very Negligible. So, there is no more liability. It creates an exempting circumstance under Article 16. With this, you will notice that there are certain principles to remember about light felonies. Light felonies defined in Article 9. There are 2 principles which create exempting circumstances: One is found in Article 7 and the other is in Article 16. Article 16 says: Only accessories are exempt from criminal liability in light felonies regardless of whatever crime that is a light felony, whether it is against persons or property. 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; ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 128 THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel 3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished. While the law divides persons criminally liable into 3 classes, Article 17, further provides or classifies principals into 3 types: 1. PRINCIPALS BY DIRECT PARTICIPATION Those who take a direct part in the execution of the act. 2. PRINCIPALS BY INDUCEMENT OR INDUCTION Those who directly force or induce others to commit it. 3. PRINCIPALS BY INDISPENSABLE COOPERATION Those who cooperate in the commission of the crime by another act without which it would have not been accomplished. When the felony is committed by only one person and you are asked what you think his role. Then without thinking you say that he is a principal by direct participation. He cannot be an accomplice. If he is an accomplice, who is the principal? There is no accomplice if there is no principal. So, necessarily, if he is only one, he must be the principal, and necessarily, he must be a principal by direct participation. Now, there would be no principal by inducement if there is no principal by direct participation. There could be no principal by indispensable cooperation, without a principal by direct participation. That is why when you say that there is a crime committed by one person without looking you can say that he is a principal by direct participation. There could be no other role. The problem will arise if there are two or more people involved in the commission of the felony because it is possible that one is the principal, another is an accomplice and the third one is an accessory; or principal and accessory only without accomplice. It is also possible that all of them are principals. What type of principal? One of them by direct participation, another one by inducement and the other one by indispensable cooperation. It could also be principal by direct participation and inducement without the third or principals hhby direct participation and indispensable cooperation without the second or it is still possible that all of them are co-principals by direct participation. So, it is possible for a felony to be committed by 10 people? Yes, they are classifies as principals by direct participation. Therefore, that is now our problem. PRINCIPALS BY DIRECT PARTICIPATION Question: When do you classify? 2 or more persons as co-principals by direct participation? ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 129 B will herd all the people in the bank. there is an agreement. D and E) simultaneously enter a bank and armed. That is the principle to remember. co-principals carried out the resolution by performing acts which tend to accomplish the objective First Requisite: That these people participate in the criminal resolution That is tantamount to saying that you were in CONSPIRACY with each other. A will disarm the security guard. herded everybody into a corner. chances are when two or more persons agree.THE FRATERNAL ORDER OF ST. they ride the vehicle. 1. there action betrays the conspiracy. do you think there is a conspiracy among these 5 people? Is there an agreement among them to commit robbery? Or can we say that. “No. Question: What is the importance of this element of conspiracy? ACADCOM 2004: Antoinette Principe. Alex Blaise Cunanan. Zaldy Lu. Jette Roy Sanchez. Angel Answer: 2 or more persons committing a felony are classified as co-principals by direct participation when two requisites are present. 2. Jerry Catague. there are no other persons present then. C. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. there was somebody waiting. Joji Bernadette Ancog. The conspiracy is proven by their own actions. And the by instinct A. Ryan Reyes & Marilou dela Cruz 130 . “Who are you?” this is impossible scenario. disarmed the guard and B also. C and D without knowing each other got all the money and then without any agreement. and then they took a ride. by instinct. they entered the bank together. it is a MEETING OF THE MINDS. that could have been merely a coincidence. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. When there is a meeting of the minds between two persons. Example: 3 or more people (A. then. So you say that you will present somebody who was listening when they were agreeing. C and D will start scooping the money from the teller’s booth and vault. That is difficult. Why? The agreement is here (In the HEAD). The principle has evolved in this analogy. And accidentally. B. So you can hardly prove the agreement by direct evidence. Then all of them will simultaneously withdraw from the bank. There must be a conspiracy between them – a conspiracy which is defined in Article 8 as an agreement between 2 or more persons and they agreed. Iñigo & Atty Teodoro V. The human mind will be taxed to its limits. That these people participate in the criminal resolution That the offenders. Jose Charito Cortez. when two or persons commit a crime together. Then he said to each other. Question: What Principle to apply? Answer: The best evidence of what is in the mind is through one’s actions. That is the essence of criminal resolution because direct proof of conspiracy is very hard and the best proof of it is by action. Based on what you have witnessed. each performing an act in harmony with each other and everything is veered towards the same criminal objective. they all withdrew form the bank. But the agreement can be proven indirectly. Then the vehicle outside was driven by E. I was just at the door. He also burned her face with a lighted cigarette and like a madman.” A will say. My job was only to hold the victim’s hands. 2. “I am not liable. because when we say that when 2 or more persons act together towards the commission of the crime. forcibly undressed her and tied her legs to bed. they are acting independently of each other? Meaning. Therefore in that particular sense. poked a gun at his daughter. Then all of them are equally liable for the crime. Angel Answer: The importance is.” In conspiracy. 4 or 5 people conspired to kill the victim. Vaness and Ken kept on hitting Dino and Raffy with rocks. Question: Is there conspiracy in this case? It is clear that they acted in unison extending towards the culmination of the same criminal resolution. dino died. We did not take anything. But suddenly Jerry.) Alternative circumstances of Relationship. Vic. and then Bobby stabbed Dino. PROBLEM: Ben. All of them will get the sane penalty for robbery. Question: It is possible that 2 or more persons commit a crime and appear to be acting in a conspiracy but in reality. the act of one is the act of all. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Question: What aggravating circumstances are present? Answer: 1. it is as if all of you stabbed him. Actually.M. “Me too. Vaness and Ken surrounded Dino. they have collective criminal liability. The 4 th person stabbed him. Then they shall be liable for robbery because I did not take anything. They started to assault the victim and one of them held the victim. As a result. That is the importance of the conspiracy. in Manila. So. “Neither will I be liable. Johnny. It was C and D who took the money. a widower. Iñigo & Atty Teodoro V. Jerry. they cornered him inside the restaurant. Joji Bernadette Ancog.” No. you commit the crime by taking the property. it was the 4 th guy who stabbed the victim. what is the conclusion? Answer: There is conspiracy because their action betrays their agreement. laughed while he was raping her. because I did not even enter the bank. Johnny hit them with a rock.. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F.) Ignominy and. there is a presumption of conspiracy because it is very hard to say that there is none. I noticed last 2002. A and B cannot say. My role is to prevent the victim form running away. Is that possible? Answer: Yes. Jose Charito Cortez. So. At about around 9:30 P. all I did was to herd off the people.” Then E will say.THE FRATERNAL ORDER OF ST. “What I did was to disarm the security guard. Jerry Catague. Then the other one says. In one case. Zaldy Lu. Vic. Ryan Reyes & Marilou dela Cruz 131 . ACADCOM 2004: Antoinette Principe. Vaness and Ken were charged with Homicide. Jette Roy Sanchez. Vic. just a coincidence that the incident happened. there was a problem in the BAR and that principle was applied. The act of one is the act of all. if there is conspiracy. “Neither will I be liable. Alex Blaise Cunanan. So. while Dino and Raffy were walking along Padre Faura St.” B says. injuring Dino. This is the case of MAMBOLO. I already mention this problem earlier. the act of one is the act of all. According to the third member. and then Jerry stabbed Dino. “we are not guilty of robbery because in robbery. driven by bestial desire. In conspiracy. Joji Bernadette Ancog. another person is also the enemy of X. if there are only three persons. Alex Blaise Cunanan. This is robbery with homicide. X. one of them attacked the victim and killed him. a decided to maul X. So. Angel PROBLEM: A has an enemy. ACADCOM 2004: Antoinette Principe. you are liable. immediately approached him and started to hit him. Zaldy Lu. Example X and Y conspired to kill A then. One day. A saw X. During the fray. So. Answer: All of them is liable because according to Article 296 in Robbery by a band. X is the only one liable. And both of them acting independently started looking for X. Question: Who is liable for the robbery with homicide? Others would say that. Jerry Catague. one of them went beyond the agreement and committed another crime not contemplated in the conspiracy? Are his companions also liable for the crime? Are all co-conspirators liable for the crime committed by their companion who was not within the scene of their conspiracy? Example: Robbery committed by a band paragraph 2 under Article 296 provides any member of a band who is present at the commission of a robbery by the band shall be punished as a principal of any of the assaults committed by the band unless it is shown that he attempted to prevent the same. B stabbed X. only one who attacked and killed A is liable. Question: Now. there were 2 separate crimes. That is called individual liability. X killed B. but while committing the crime. they entered the house of A. Jose Charito Cortez. one of them point a gun and they divested A of his belongings and then. the one who stabbed the victim is liable as principal by direct participation for the crime of homicide. Question: Suppose there are only 2 or 3 robbers and they conspired to commit robbery only and then one of them killed the victim. Question: Is there conspiracy? Answer: Based on the facts. what happen if 2 or more persons conspire to commit a crime. X died. on the other hand has already looked for X to kill him. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. the act of one is the act of all. Will all of them be liable for the assault or only him? Answer: this time we can apply another principle: That the conspirators are only liable for the crime contemplated in the conspiracy if there is no direct provision on that. Since A’s intention is to inflict physical injuries – and he merely inflicted fist blows upon the victim is only liable as a principal by direct participation for physical injuries against the victim. this will not apply. B. now. B arrived.THE FRATERNAL ORDER OF ST. On the other hand. B. Jette Roy Sanchez. Ryan Reyes & Marilou dela Cruz 132 . 2 criminals acting independently. So. Iñigo & Atty Teodoro V. So. But Article 296 applies to Robbery with Homicide and committed by a band. who is liable for the death of B? The conspirators conspired to kill A. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. At the precise moment. they never conspired to kill B. in effect. So if you do not try to prevent it. at least 4 persons conspired to commit the robbery. there is no conspiracy. as distinguished from collective liability. all of them are liable fir any assault committed by their companions unless you can show that you tried to prevent it. Second Requisite: That the offenders. Jette Roy Sanchez. He ACADCOM 2004: Antoinette Principe. the same victim. one of the brothers had cold feet. there are 2 crimes. co-principals carried out the resolution by performing acts which tend to accomplish the objective In effect. Question: Now. Then the following day. because there were 2 victims. the act of one is the act of all. so. Answer: When you try to examine. the conspirators conspired to kill A but one of them killed B. Joji Bernadette Ancog. Zaldy Lu. That is the second element.) In a conspiracy the act of one is the act of all. the SC said all of them are implicated. So. But in the second case. Alex Blaise Cunanan. Jose Charito Cortez. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Ryan Reyes & Marilou dela Cruz 133 . and the one who was killed was A. People vs. the physical injuries are absorbed. all of them mauled A. But in the other case. in result there is only one crime. Two principles here that you have to balance: 1. But in another case. the offenders conspired to injure A. That seems to be distinct. they decided to implement the plan. So. In the final meeting. Iñigo & Atty Teodoro V. 2. the SC said only the of B is liable. 4 brothers. there is really a difference. The killing of A is a separate crime from the killing of B so you do not say that the killing of B is absorbed in the killing of A. all of them are liable for the death of A. Jerry Catague. So. The physical injuries are absorbed I the killing. when the victim is killed. So you cannot say that the death of B is absorbed in the killing of A because there is an entirely different victim. But in the second example. and the physical injuries are absorbed in the killing of A. They met several times and planned.) The co-conspirators are not liable for any act of another conspirator not contemplated in the conspiracy. Timbol Facts: The accused. in a conspiracy. who is liable for the homicide? Answer: All of them are liable because in a conspiracy the act of one is the act of all. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. conspired to kill somebody. in crimes against persons. The conspirators are not separately liable. in the first case. So. Moreover. based on that. we plan and we implement the plan. that is entirely separate crime to be charged separately.THE FRATERNAL ORDER OF ST. they should be present in the commission. In the first example. all of them are liable for the death of A but only one them is liable for the death of B. there were really 2 crimes. the victim is A and the person killed is A. Angel Question: In another case. but one of the conspirators pulled out the knife and killed A. the intended victim is killed. another person is also killed. unlike in the first instance. when do you apply one and when do you apply the other? How come that in that case where 5 people conspired to injure the victim. the contemplated victim is A. he is guilty of conspiracy to commit a felony. only 3 brothers were there at the meeting place. Angel did not show up.THE FRATERNAL ORDER OF ST. Jerry Catague. That there was no freedom. Then. Article 8 – Conspiracy and proposal to commit a felony – conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefore. Question: How do you fall under this classification? Answer: There are two ways: 1. Zaldy Lu. Force or Induce How do you force? By the use of irresistible force or by forcing under uncontrollable fear. Jose Charito Cortez. The second element is missing. That leaves you alone liable. and they agreed to proceed with the crime. because evidence shows that he participated in the planning of the crime. while the crime was in progress.) You directly force the principal by direct participation to commit the crime. Held: SC said that one who did not show up is not liable. In legal contemplation. ACADCOM 2004: Antoinette Principe. The second element is missing. So. People vs. Joji Bernadette Ancog. Jette Roy Sanchez. While he did leave the scene of the crime while it was in progress. one of them left and the question is. the principal by direct participation has a very good defense – Article 12. minus the other brother. such abandonment came too late. they went with the plan. He did not appear at the scene of the crime. So. Ryan Reyes & Marilou dela Cruz 134 . Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. However. Iñigo & Atty Teodoro V. whether or not he is liable? Held: To extricate himself from criminal liability. or 2. Delos Reyes Facts: A group of people tried to commit a crime. Question: Was the first element present? Answer: Yes. there as no longer a conspiracy to be repudiated because he had already participated in it. Let us now review the second type pf principal: PRINCIPAL BY INDUCEMENT Those who directly force and induce others to commit a crime. So he could not be a co-principal because the SC said if he participated in the planning only.) You induce him to commit a crime. if you do that. Alex Blaise Cunanan. the conspirator himself must have performed an overt act to disassociate or detach himself form the unlawful plan to commit the felony. That there was no voluntariness. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. It should be decided and not merely a joke. When she made the proposal. Nothing personal. He was really interested in committing the crime. First: That the inducement was made with the intention of procuring – meaning the inducer is serious. Iñigo & Atty Teodoro V. somebody needs money. So a principal by direct participator is also in conspiracy with principal by inducement. Without the payment.” He gave you because are being paid. He was not joking because the concept of inducement has the same definition as proposal under Article 8. My husband is like this and like that. Jette Roy Sanchez. Let us illustrate. She implicated her friend. The effect was fatal. Question: How do you induce? Answer: Through proposal. He said. Angel But the normal way of falling under this classification is when you are induced. it is simple. but unfortunately he was caught. There was a case where a woman claimed that she could no longer bear her husband. and 2. Without it the principal by direct participation would not have been committed the crime. So what binds them together will be conspiracy. Promise. Question: How do we define proposal? Answer: There is a proposal when a person who was decided to commit a felony proposes its execution. by words of inducement. “It is simple. Zaldy Lu. The inducement was the only reason for the commission of the crime. price or reward. the crime would not have been committed. Question: How do you persuade? How do you induce another or convince him to commit the crime? Answer: There are many ways. Joji Bernadette Ancog. Ryan Reyes & Marilou dela Cruz 135 .” He indeed held-up a bank.) That the inducement was the determining cause of the commission of the crime without which the crime could not have been committed. what is now the effect? There is conspiracy again. It would have been an ill advice. just hold-up a bank. Jose Charito Cortez. When you persuade the other party to commit the crime and he agreed to do it. Jerry Catague. What shall I do? The friend in joking manner said. ACADCOM 2004: Antoinette Principe. Example: Guns-for-Hire. You are told to kill the victim. there was no intention to kill. This is not the type of inducement here. kill your husband!” so the woman killed her husband. Then someone advised him and said. The statement was not made with the intention of procuring the commission of the crime. “Give me a picture in order to identify him.THE FRATERNAL ORDER OF ST. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. by promise of price or reward. He implicates the other. Second: Without such inducement.) That the principal by inducement made the inducement with the intention of procuring the commission of the crime. Alex Blaise Cunanan. Or in one case. To be classified as principal by inducement 2 requisites must be present: 1. he will no ask you. “Whew. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. it is called. A was really going to stab B. But in certain crimes. This is he distinction between the two. A would not stab B. The assassin would say. Omine 61 Phil. I will kill you for nothing. A was holding a knife and he was approaching B. So. ACADCOM 2004: Antoinette Principe. I kill you for nothing. Alex Blaise Cunanan. although without the shout there was already a reason for the principal to do that. there is still no principal by inducement. the principal by direct participation had no reason to commit crime on his own. just firewood to keep the fire burning but actual. rebellion. Even if keep on inducing you. I only praised you but you do not say that my word is the determining factor. you are my friend. But the SC acquitted him. But I would also be a principal by indispensable cooperation.” You killed? Well. Iñigo & Atty Teodoro V. it is just an additional. Briefly. Angel everything is business and that is how assassins worked. Normally. The crime has already been committed. Jette Roy Sanchez. B is the victim. But since you are my friend. He is classifies as principal by direct participation. somebody approaches you and says. there must be a principal by direct participation. A killed B with the knife. PRINCIPAL BY INDISPENSABLE COOPERATION Those who cooperate in the execution of the offense by another act which the crime would not have been committed. Ryan Reyes & Marilou dela Cruz 136 . Principal by indispensable cooperation. A is the principal by direct participation. Question: Principal by inducement is closely related to a person making a proposal to commit a felony under Article 8. A would not have stabbed B. Just to show that it is for free. 611 Facts: There was a quarrel between A and B. “I would like to tell you something. I killed so and so. so. when I cooperate with you in the commission of the crime. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. stab him!”. Held: Do not tell me that without the shouting of X. Because how do you become a principal by direct participation with another person? By cooperating with him. And another principle is. Joji Bernadette Ancog. there as a personal reason on the part of A. like treason. Note: The words of inducement must be offered PRIOR to the commission of the crime. X arrived. That is why your inducement is the only determining factor. coup d’etat. at that moment.” I am not a principal by inducement. but you will not commit a crime. In other words. congratulations! That is a good thing. Zaldy Lu. It is not necessary that the other party will actually commit it. X shouted to A. What are the distinctions? Answer: Principal by inducement. there is a confusion on whether a principal by direct participation or by indispensable cooperation. I do not kill people if it not for money. People vs. do not say that if it were not for the shouting of X. the mere proposal to commit a felony is punishable. Jose Charito Cortez. I am also a principal by direct participation. And you do not call a person making the proposal a principal by inducement.THE FRATERNAL ORDER OF ST. “yes kill him. A was approaching B one night. “I will kill people for money but you. X who uttered the shouts before the stabbing was impleaded as a principal by inducement. Jerry Catague. Sometimes. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. How can you say that the inducement was the determining cause when it is made after the crime? For example. They are in conspiracy. He was the one who encashed it. He was not the one encashed the check. B & C are also liable. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Angel Question: what is the difference? Answer: The distinction is only on what the cooperation is all about. That is why we apply the rule on conspiracy – the act of one is the act of all. A wants to rape the girl. People vs. Zaldy Lu. sometimes it is really very hard to determine whether you are a principal by direct participation or principal by indispensable cooperation. what is common between these people is criminal conspiracy. They held the girl. the signature verifier. Iñigo & Atty Teodoro V. the complex crime of Estafa? Who is the by direct participation? The one who forged. you cooperated with the other principal. Sometimes it is easy. Jose Charito Cortez. 184 Facts: The principal by direct participation got hold of some blank checks of somebody. He was the one who counterfeited the signature of the drawer. They are in conspiracy with each other. the cooperation in this type of principal is not I the execution of the crime but another act. But if I cooperated by another act without which a crime would not have been committed. Alex Blaise Cunanan. That is the perfect example. So what did he do? He befriended the employee in the bank. or by another act? Just like in rape. There is an employee in the bank whose job is specifically to compare the specimen. Jette Roy Sanchez. an act other than the execution of the crime without the crime would not have been committed. I hold him so he will not escape. Limbuangko 14 Phil. is the act or cooperation in executing. I am principal by direct participation. And please take note that what binds a principal by direct participation with a principal by indispensable cooperation is that there is again an agreement – conspiracy. So he planned to forge or counterfeit the signature of the drawer and encash in the bank the check. the victim was subdued. Sometimes. So. to prevent the girl from disturbing him while he rapes her. Joji Bernadette Ancog. Question: In what way do I cooperate? Answer: If I cooperate in the execution of the crime. Hence. Ryan Reyes & Marilou dela Cruz 137 . he sought the help of B and C to subdue the girl. Jerry Catague. In one case. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. He said to him to cooperate. other than the execution of the crime. Held: Can we prosecute him for Estafa through falsication of commercial document. B & C complied. So he executed the crime. Example: A person cooperates with the principal by another act. What’s that? What is my cooperation? In the execution of the crime of Homicide. There is no question. How about the signature verifier? He did not counterfeit the signature. I am principal by indispensable cooperation. a crime a cooperation by another act? Example: I will agree that you kill somebody. He succeeded in encashing the check. And A raped her. ACADCOM 2004: Antoinette Principe. So he is liable as principal by indispensable cooperation. But he knows he will not succeed because the bank can easily detect that his signature is not really that of the drawer.THE FRATERNAL ORDER OF ST. So. But he cooperated with the principal without such the crime would not have been succeeded. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F.it will say that they are coprincipals. they are similar. Then.THE FRATERNAL ORDER OF ST. As a matter of fact if you look at the information filed by the fiscal. Zaldy Lu. But. So if you are a principal. you cannot be an accomplice at the same time. What type of principal are they? Are B and C principals by direct participation or indispensable cooperation? Who believe that they are principals by direct participation also. you fall under Article 17. That is why we must distinguish what type of cooperation is this. Jose Charito Cortez. Because the issue here is this: How do you commit rape? By having sexual intercourse. I’m a principal by indispensable cooperation. Angel Question: How many are the principals? Principal by direct participation in the crime of rape or principal by indispensable cooperation? By direct participation or by indispensable cooperation? How do you commit rape? No question about conspiracy. if you are not in conspiracy with the principal by direct participation – because if you are in conspiracy. It was only A. if you look at the decisions. The act of one is the act of all because of conspiracy. cooperate in the execution of the offense by previous or simultaneous acts. Question: How do you become an accomplice? Answer: Obviously. You cooperate with whom? You cooperate with the principal by direct participation through previous or simultaneous acts. You will say: “I’m not a principal by direct participation. That is taking part directly in the crime of rape. Jette Roy Sanchez.” Okay. Accomplices. All of them are conspirators. this question is moot and academic because whether you are a principal by direct participation or by indispensable cooperation. the one who held the victim and prevented him from running was considered as principal by direct participation when he was not the one stabbed the victim? There are cases where the SC said: Well. the court will say that they are co-principals. What do you do? You cooperate. that they took direct participation in the commission of rape? How is it that in the crime of homicide. They did not have sexual intercourse with the girl. 17. The act of one is the act of all. — Accomplices are those persons who. Iñigo & Atty Teodoro V. So all of them are principals by direct participation. If you commit a crime and I cooperate with you. Joji Bernadette Ancog. not being included in Art. they prevented the girl from struggling or resisting. ACADCOM 2004: Antoinette Principe. So there are 2 sets. Art. Alex Blaise Cunanan. It does not make one any better than the other. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Article 18 will not apply to you. but the penalty is still the same. So if you are falling under Article 17. 18. Jerry Catague. But there are also some cases where the Sc said that they are also principals by indispensable cooperation. so they are also principals by direct participation. Ryan Reyes & Marilou dela Cruz 138 . but their help was indispensable to the commission of the crime of rape by virtue of the conspiracy. Zaldy Lu. he borrowed my gun and I cooperated—by a previous or simultaneous act. Simultaneous act of robbery. Will you agree or not? "Agree". we are going to rob a house. "Wait for 30 minutes. Alex Blaise Cunanan. why” may I borrow it” Why? “I’m going to kill somebody. What's that? Principal? There is already a conspiracy. but knowing about the criminal intent of the offender. in case of doubt. no Question: How to cooperate? How can I cooperate without being in conspiracy? How will that happen? How can you cooperate without an agreement? Answer: The concept of cooperation by an accomplice is that a person is an accomplice who. Jose Charito Cortez. You learned about it. you are a principal. you agree. I could also be an accomplice. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Joji Bernadette Ancog. The only important question is whether there was a conspiracy or none. Somebody approaches me: “Sir. is conspiracy or there is conspiracy. So in effect. because an accomplice also cooperates. Ryan Reyes & Marilou dela Cruz 139 . they asked you to wait. concurs with it and cooperated either in a previous or simultaneous act. Then one night 2 or 3 passengers hailed you to take a ride. So I will just cooperate. then drove them off. ACADCOM 2004: Antoinette Principe. Base on their conversation. As to the exact act. That is simultaneous. "Pare. Therefore. There was no agreement." Okay. But suppose the passenger will say. they were going to commit robbery. Not being in conspiracy but knowing of the criminal intent concurs. It will be your cooperation and his cooperation. While driving. if there is doubt as to whether. I agree. Jerry Catague. So you knew that they are going to rob somebody then after 30 minutes they returned. you will be our driver. para mahulog ka na accomplice.THE FRATERNAL ORDER OF ST. do you have a gun?” Yes. So. not being in conspiracy with the principal. Knowing his criminal intent to kill. If your cooperation is not pursuant to a conspiracy. I have. That is the role of an accomplice. there. of participation. You will get a bigger payment. I would be a principal by indispensable cooperation. you stayed all along. okay" We are just going to that house and rob somebody in it. Iñigo & Atty Teodoro V. How do you cooperate? By previous or simultaneous act. there is sometimes no difference. “So I lent him the weapon and killed the person. You fail under Article 17. you are the driver of the getaway vehicle. you are under Article 18. What is the liability of the driver? Accomplice. You listened. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. the doubt is resolved in favor of less cooperation. Did they ask you to join them? No. you overheard their conversation. What is my role? I am an accomplice. Example: You are a taxicab driver. the doubt is resolved in favor of the lesser degree. Angel I could be a co-principal by direct participation. When they reached that place. But knowing about their intent to rob. Meaning. you cooperated. wait for us outside. Question: How do you distinguish cooperation by a principal from cooperation by an accomplice? Answer: If the cooperation is pursuant to a conspiracy. Jette Roy Sanchez. How can you concur with A when A had no intention to kill? The intent to kill came from B. A is the principal for the crime of slight physical injury B. You can kill him with a bolo. Let us change the Facts: A and B do not know each other. A will pull X. without which the crime would not have been committed. Answer: So. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. So there are 2 kinds. A wanted to injure X. Jerry Catague. Alex Blaise Cunanan. Jette Roy Sanchez. A is liable for physical injury as a principal by direct participation. You are a coprincipal in a conspiracy. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Joji Bernadette Ancog. Meaning. in that case. X died. The cooperation of the principal by indispensable cooperation is pursuant to a conspiracy. But the cooperation of an accomplice is not pursuant to a conspiracy." So. Collective. But: "may I borrow your gun?" Sure. I would not succeed. Take note. but not indispensable. ACCOMPLICE The cooperation of an accomplice may be necessary but no indispensable. Then B said: "Well. Although the penalty is a little bit lower. Because when A attacked X. He only wanted to injure him. Example: Without the cooperation of the signature-verifier. 1 learned of the criminal intent of A. and therefore when 1 came in and entered the fray and stabbed X. the crime may still be committed. Then afterwards. Angel Question: Distinguish principal by inducement or indispensable cooperation from accomplice. So they were acting separately. Jose Charito Cortez. The act of one is the act of all. Take note that A had not intent to kill X. Because both types cooperate with the principal. who will be liable for the death of X? Zero? The one who stabbed the victim is only the accomplice. B suddenly entered and stabbed X. PRINCIPAL The cooperation of a principal by indispensable cooperation is indispensable. B. He is principal by direct participation for the crime of physical injury serious or less serious. who stabbed X. This distinction is correct. Something is wrong there. Zaldy Lu. on the other hand wanted to kill X. my lending the gun is necessary. that you are also liable nor the same crime committed by the principal. he started to throw punches at X. Ryan Reyes & Marilou dela Cruz 140 . I concurred with the criminal intent of A and therefore I am an accomplice. That kind of reasoning is wrong. You cannot say that A concurred with B because he was the first to commit the crime.do you mean to tell me without my gun you cannot kill him? You can kill him with another gun or with a knife. That's the distinction given by some. Question: Is my lending the gun indispensable or necessary . is liable as an accomplice. B is liable for homicide. That's why we have discussed collective liability. There is no conspiracy. Now. A saw X. B only entered the scene. Iñigo & Atty Teodoro V. I am the accomplice of A. ACADCOM 2004: Antoinette Principe.THE FRATERNAL ORDER OF ST. and accessories is that the principal or the accomplice participates prior to or at the latest simultaneously with the commission of the crime. That is the illustration: Liability: Collective Quasi-collective Individual = = = Conspiracy Accomplice 2 Crimes. Ryan Reyes & Marilou dela Cruz 141 . He entered the scene and started to attack X with his first. whereas the accessory comes only after the crime has been committed. take part subsequent to its commission in any of the following manners: 1. concealing. in order to prevent its discovery. “I’ll join you". Accessories.THE FRATERNAL ORDER OF ST. B wanted to kill X. if it is a light felony you are not liable because of Art. Accessories are the last set of those persons criminally liable. or an attempt to take the life of the Chief Executive. The premise is that the felony is not a light felony. You concurred with the criminal intent of B to kill. ACADCOM 2004: Antoinette Principe.” No. and you cooperated with him with the simultaneous act of assaulting the victim. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. The distinction between principals or accomplices. I only punched him. Iñigo & Atty Teodoro V. Alex Blaise Cunanan. even preventing X from running. 16. and without having participated therein. 3. each to his own Art. or assisting in the escape of the principals of the crime. Even if you perform any of these acts under the definition of Art. 2. Joji Bernadette Ancog. Angel We will again reverse the facts. So. 19. He approached and started stabbing X. To be liable as an accessory. Zaldy Lu. By concealing or destroying the body of the crime. By profiting themselves or assisting the offender to profit by the effects of the crime. Jerry Catague. or is known to be habitually guilty of some other crime. The same: A wanted to harm X. approached X. provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason. the first one who came was B. You have to correlate this with Art. So A? “Physical injuries only. Only principals and accomplices are liable for a light felony. this time. Jette Roy Sanchez. — Accessories are those who. parricide. A arrived. Jose Charito Cortez. the felony committed by the principal should be a LESS GRAVE or GRAVE FELONY. That is why he is known as the accessory after the fact. So there is only one crime. That is what you call quasi-collective. either as principals or accomplices. when you saw B stabbing X you joined the fray and starting also hitting X. You are the principal. you concurred without any conspiracy. By harboring. B is liable for homicide as a principal by direct participation. A is the accomplice. B saw X. 19. 16. X died. having knowledge of the commission of the crime. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. or the effects or instruments thereof. murder. Even if you did not receive anything from the stolen property but you looked for a buyer in behalf of the robber. B there is already an accomplice. Jerry Catague. But what is important is that he has knowledge of the commission of the crime. That is the meaning of the phrase "without having participated therein. item. However. Hence. then C can be considered an accessory because he neither participated as principal nor accomplice. because to be an accessory you should not have participated either as a principal or accomplice. But the robber wants to dispose of it as fast as possible so he sells it to you at P1. you profit. Now if A is the one who killed X. he joined the fray holding X in order to prevent him from going away. they' are not accessories. you become an accessory.000 even if its real worth is P10. another example is you know that a certain property is stolen and you know that property is valuable. he is not liable. Or. acquire. to have been derived from the proceeds of the crime of robbery or theft. Joji Bernadette Ancog. with intent to gain for himself or for another.000. then he is already a principal. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. or in any other manner deal in any article. Otherwise. conceal. So you buy it . Zaldy Lu. Like when a person robs the bank for PIM. object. then he gives you Pl. Question: How do you prove knowledge? Answer: That is circumstantial evidence. or shall buy and sell. Question: How do we compare paragraph 1 of Article 19 with a special law known as the “Anti-Fencing Law” (PD 1612)? How do you define the word "fencing"? Answer: That is Section 2 Paragraph 2 Fencing is the act of any person who. A good example of profiting by the effects of the crime is to receive a stolen property as a gift knowing it to be stolen. sell or dispose of.so in effect. Iñigo & Atty Teodoro V. Jose Charito Cortez. Question: what are the acts of an accessory? Answer: First is by "profiting by the effects of the crime". the accessory must have knowledge of the commission of the offense. shall buy receive.xx as “balato”. ACADCOM 2004: Antoinette Principe. the liabilities for these acts were considered as those of accessories. if he did not know of the commission of the crime. It can be proven directly or indirectly. he saw A stabbing X. After X died. Angel PROBLEM: A saw X and started to stab the latter. possess. Jette Roy Sanchez. When B arrived. keep. you are an accessory because you assisted the robber for the latter to profit by the effects of the crime. Prior to the passage of the Anti-Fencing Law.OOO. Question: Can we consider either A or B as accessories for having concealed the body of the victim under paragraph of Article 19? Answer: No.THE FRATERNAL ORDER OF ST. Ryan Reyes & Marilou dela Cruz 142 ." But after A and B ask C to bury the cadaver. Alex Blaise Cunanan. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. or anything of value which he knows. A and B dug up a grave in order to prevent the body of the victim from being discovered. or would be known to him. sell or dispose of. you buy property form someone who is not the usual dealer of that item. What is act of fencing? Answer: With intent to gain for yourself or for another. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. item. thieves and robbers are encouraged to steal and rob because there are people who buy.and you claimed that you did not know that it is stolen. I thought those kids' were dealers of Firestone tires. For example. or anything of value which km been the subject of robbery or thievery shall be prima facie evidence of fencing. if you do not know that the thing is stolen. Alex Blaise Cunanan. Another important section here is that the penalty is higher than that imposed upon an accessory. That is already a sign that it is probably stolen and it should have been known to you. not only what you know is included. receive." Or somebody is offering a watch valued at PI0. Mere possession of any goods.. People 234 SCRA 63 ACADCOM 2004: Antoinette Principe. Iñigo & Atty Teodoro V. But in reality according to the whereas clause of the. SECTION 5. If you that expensive property from a department store and it turned out to be stolen . conceal. Ryan Reyes & Marilou dela Cruz 143 . You can be arrested. There is no loophole. acquire.000. what should be known to you. Question: Is this provision constitutional considering that the Constitution presumes innocence of the accused? Dizon-Pamintuan vs. But the dealer will say: "t did not know. Article.000. Zaldy Lu.because there are 2 separate crimes but relying on the same facts and circumstances. Jose Charito Cortez. But if you are an accessory. Who are the persons to be charged with fencing? The dealer. or should be known to him. there was a group of minors who "specialized" in removing tires. this presumption could be rebutted . Of course. PD 1612 was enacted to discourage buyers who are not considered accessories but as principals. and be liable for the violation of the anti-fencing law . or shall buy and sell. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Joji Bernadette Ancog. profiting or assisting the thief or robber to profit. Angel Question: What is the penalty for the accessory? Answer: It is very much lower. object. to have been derived from the proceeds of the crime of robbery or theft. or in any other manner deal in any article. PD 1612. or anything of value which he knows. Jerry Catague.that you did not know or that it could not have known. So. So.. The presumption here is that you are liable for fencing in that you have in your possession the stolen property. but which is sold to you at P3.THE FRATERNAL ORDER OF ST. But in Anti-Fencing. item. They would sell the tires to a dealer of stolen tires. so double jeopardy may be invoked. The law requires that you must know that the property is stolen. but also. If you discourage buyers by making the penalty heavier. you are not liable. Question: Can I be liable as-an accessory for the crime of robbery or theft. Several years ago. possess. the robbers are discouraged. Jette Roy Sanchez. Marcos Decree. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. while I am walking in an uninhabited place. Angel Does the Saw have the right to create that presumption? Section 5 of PD 1612 provides that "mere possession of any goods. Or you can destroy the corpse. But it docs not prove that the victim died. Because a passive act is an omission not covered under Article 19. Why? The reason is simple: murder or homicide.THE FRATERNAL ORDER OF ST. but not criminally dead. the prosecution must prove that the victim died. nobody knows who is the killer. So. provided that the accessory acts with abuse of public functions or whenever the author of the crime is guilty of treason. Iñigo & Atty Teodoro V. to be established to have been committed by-the accused. The one concealed is not the body^-the effects of the crime. how do you conceal it? By burying the corpse. Alex Blaise Cunanan. So.. probably be that you have been seen with the victim the last time. With that. Jose Charito Cortez. Jette Roy Sanchez. item. You harbor a criminal. In the crime of homicide. or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing. Am I liable as an accessory under Paragraph 3? NO. You are not he killer but you assisted. Suppose. Zaldy Lu. object. ACADCOM 2004: Antoinette Principe. Or you can conceal or destroy the effects of the crime. one who conceals the effects of the crime under paragraph 2 are also liable under the Anti-Fencing law. You may be accused of lack of civil spirit. 1 have harbored I have assisted the criminal from escaping. the wanted criminal-is unknown. article. Here. Joji Bernadette Ancog. since there is no witness. Ryan Reyes & Marilou dela Cruz 144 . not a passive act. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. because that is also one way of concealing stolen property under PD 1612. no constitutional provisions is violated by statute that proof by the state of some material state of fact or facts shall constitute prima facie evidence of guilt and that the burden is shifted to the accused for the purpose of showing that such act or acts are innocent and are committed without lawful intention. You can conceal the body by burying it..if the proof of death is absent. corpus delicti. concealing. How can you prove the death of the victim if you hide the body? The evidence would. But I did not report it I remained silent In effect. the most that can be done is to declare him civilly dead. or assisting in the escape of the principal of the crime. but the criminal himself. or is known to be habitually guilty of some other crime. The prosecution cannot file a murder or homicide case. The second way of committing. The third is by harboring. This presumption does not offend the presumption of innocence of the accused enshrined in our fundamental law. but you are not criminally liable as an accessory. Jerry Catague. murder. parricide. Or you hide a stolen car. So. what happens? The victim is declared a missing person because there is no evidence that he is dead. like the murder weapons… throw it away. In Latin. or an attempt to take the life of the Chief Executive. the act referred to here by the law is an active act. I can be held liable as an accessory and under the anti-fencing law. as an accessory is by concealing or destroying the body of the crime. That is the net effect. In cases of statutory crimes." The presumption is reasonable for no other natural and logical inference can arise from an established fact of possession of the crime of robbery or theft. 1 saw A kill B. provided. because he is not one of those enumerated. or (2) A public officer. 1 killed somebody. there is no mention of rape under paragraph 3. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. there are 2 cases filed against me and against the principal. People 178 SCR A 626 ACADCOM 2004: Antoinette Principe. Please help me. Is he an accessory? He is not. For. Hence. or an attempt to take the life of the Chief Executive. "Pare. the principal commits murder knowing about it. A commits rape or homicide. A commits rape and he approaches his kumpare who is a private individual. suppose that alter the principal is found guilty of homicide and not murder. So. Iñigo & Atty Teodoro V. that the penalty is light. The law says that whenever the principal of the crime is guilty. Jette Roy Sanchez. So. For example. But how do you reconcile that with the law that he must be found guilty? What it means is that before the accessory can be convicted. Angel Question: How do you. The hypothetical guilt is only used as a stepping-stone to convict the accessory. It is not limited to those enumerated the crimes specifically mentioned refers to. I assisted him to escape. or is known to be habitually guilty for some other crime. then I will help you. So." "Okay. It only mentions treason. Then he tells his policeman-friend. Alex Blaise Cunanan. Question: Can I be tried and convicted without the principal being arrested and convicted? The cases before decided by the SC said no because the guilt of the accessory will depend on the guilt of the principal. concealing.THE FRATERNAL ORDER OF ST. But this reasoning has been reversed. what happens to you? You're free. The accessory can be tried before the principal is convicted. Meaning. Question: So how do you interpret this? Answer: There are 2 persons who can commit as an accessory: «| (1) A private person. it is necessary that the principal comes first. become an accessory under paragraph 3? Answer: There are 2 types of persons who can be accessory: those by harboring. he is in government service. But he was at large and 1 am arrested. Zaldy Lu. If the accessory is a public officer. Joji Bernadette Ancog. Another reason in the SC." Question: is the policeman an accessory for the crime of rape? Answer: Yes. Jerry Catague. Jose Charito Cortez. to mean that the principal must first be convicted would result in a miscarriage of justice. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Parricide. if the person who helps you escape is a private individual. murder. the accessory can be guilty. PROBLEM: Suppose. Ryan Reyes & Marilou dela Cruz 145 . Well. Bino vs. he is am accessory for any crime committed. the probable of hypothetical guilt of the principal must first be proved before the accessory can be convicted. base on the problem. or assisting in the escape of the principal of the crime provided that the accessory acts with abuse of his functions. the prosecution must prove that the crime was committed and that the principal who is still at large committed it. Iñigo & Atty Teodoro V. the crime is drug pushing. — The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses. ascendants. Jette Roy Sanchez. Question: Is the policeman liable as an accessory under RPC? Answer: NO. Joji Bernadette Ancog. Similar to AntiFencing Act. are you an accessory under the RPC? Answer: No. So. Art. descendants. and adopted brothers and sisters. This is the interesting Question: you commit a felony. because it is only a light felony. I am a policeman and I concealed you. The corresponding responsibilities of a principal. the relative who conceals the body or effects of the crime or conceals the criminal who is a relative is exempted form criminal liability by reason of public policy.THE FRATERNAL ORDER OF ST. Alex Blaise Cunanan. Angel Issue: can the trial of an accessory proceed without awaiting the result of the separate charge of the principal? Held: YES. That is PD1829 also known as Law Penalizing Obstruction of Justice SECTION 1. Is the friend an accessory under the Penal Code? The answer is NO. What is contemplated by the law is that the principal and the accessory are relate? It is natural that relatives protect each other. 20. In connection with paragraph 3. Jerry Catague. prosecution and conviction. ACADCOM 2004: Antoinette Principe. because there is no mention of rape. Jose Charito Cortez. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. the public officer exceeded his function. or has reasonable ground to believe that-the suspect has committed any offense under existing penal laws in order to prevent his arrest. the determination of the liabilities of accomplices and accessories may proceed independently of that of the principal. So. Accessories who are exempt from criminal liability. but. What is worse is the penalty for the principal is arresto menor but under PD 1829. because the law says. A committed rape and asks his friend to help him escape. or facilitating the escape of any person he knows. you can still be liable. For example. with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article. you are not an accessory but a principal for obstruction of justice. legitimate. or relatives by affinity within the same degrees. Question: Suppose. PARAGRAPH c “x x x” harboring or concealing. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. natural.. but that seems to be the answer. 6 years. Can the friend be liable under PD 1829? YES. accomplice and accessory are distinct from each other. But is liable under PD 1829? YES. there is a law where the language is similar to paragraph 3 but broader. prison correctional.. As long as the commission of the offense can be duly established-in evidence. Am I saying that is the answer? I do not say that is the answer. "xxx any offense under existing penal laws". Ryan Reyes & Marilou dela Cruz 146 . because it docs "not distinguish. under PD 1829. Hence. Zaldy Lu. It states "any offense". the law understands that. a slight physical injury.. So.. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza." In that situation. Exception is an accessory under paragraph 1 who profits or assists the offender to profit by the effects of the crime. Zaldy Lu. Ryan Reyes & Marilou dela Cruz 147 . you have also tainted the family's name.THE FRATERNAL ORDER OF ST. Angel Note: This is an exempting circumstance. ACADCOM 2004: Antoinette Principe. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Jose Charito Cortez. Alex Blaise Cunanan. Joji Bernadette Ancog. you have not desired to make the family clean. Iñigo & Atty Teodoro V. Jette Roy Sanchez. Jerry Catague. under the Penal Code. It is something that you do not relish because if penalty is something enjoyable. So. Jerry Catague. You do not say. Penalty signifies pain. 4. admitted. Jose Charito Cortez. (The criminal liability (personal penalty). It is inequitable. Must be productive of suffering. Must be personal .) 2. So. treats of their nature and provides for their punishment. your dignity as human being should also not be impaired. what happens to you? With intent to kill. Alex Blaise Cunanan. extinguished. The different juridical conditions of penalty are the following: 1. he will continue the penalty under the law on Succession. So. That is why the law on penalties is . When you attacked him. Ryan Reyes & Marilou dela Cruz 148 . Whether you like it or not. {Commensurate: That is one of the characteristics of the Classical theory. because they are degrading. you commit murder. if you kill somebody with treachery. Question: How do you define penalty? Answer: Penalty is the suffering that is inflicted by the State for the violation or transgression of a law. anyway.THE FRATERNAL ORDER OF ST. you are guilty of murder—still admitted. It is absurd when the penalty for murder and the penalty Jar slight physical injuries are the same.) 3. without however affecting the integrity of the human personality. (Suffering: if you suffer.) ACADCOM 2004: Antoinette Principe. — No felony shall be punishable by any penalty not prescribed by law prior to its commission. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. it is unfair. what is the use of defining crime without any penalty? For example. There must he a proportion. 21. Penalties that may be imposed. you did not give him a chance to defend himself—admitted. then he died. liven in the definition of the course. Jette Roy Sanchez.unavoidable. Iñigo & Atty Teodoro V. That's why the constitution prohibits unusual punishment. once the convict dies. Joji Bernadette Ancog. the study of penalties is part of the RFC. Zaldy Lu. There is something wrong. you stabbed somebody. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. What about it? There is no penalty. but these are the philosophical background behind the penalty. Angel TITLE THREE PENALTIES Chapter One PENALTIES IN GENERAL Art. A less grave felony or light felony deserves a lesser penalty. Question: What are the juridical conditions of penalty under the Classical Theory of Criminal Law? Answer: These are not part of the article. Must be commensurate with the offense—-different crimes must be punished with different penalties. That the mode of attack was blunt-. it is a branch or division of law which defines crimes. A grave felony deserves a higher penalty. is totally.No one shall be punished for the crime of another. again. then everybody would be encouraged to commit a crime. he has a son. Iñigo & Atty Teodoro V. No one may escape its effects.) 7.the object of punishment in criminal cases is to correct and reform the offender.( That is a theory. c. Exemplarity-. Must be legal. No one should be punished for the crime of another. and 8.The crime must be punished to serve as an example to deter others from committing crimes. and moral principles to be vindicated. 2. (Nullum crimen. THEORIES JUSTIFYING PENALTY: a. Penal justice must therefore be exercised by the State in the service and satisfaction of a duty. prostituted the law. Jette Roy Sanchez. whether you are rich or poor. b. If there is no law. Self-defense—The State has a right to punish the criminal as a measure of self-defense so as to protect a society from the threat and wrong inflicted by the criminal. d.The State must permit the criminal to prevent or suppress the danger of the State rising from the criminal acts of the offender. The law should be fair. That is being required by the law. sine lege. 3. Jerry Catague. The State has an existence of its own to maintain a conscience of its own to assert. Social defense and exemplarity justify the penalty of death. Prevention . Retribution or expiation . Joji Bernadette Ancog. a vindication of absolute right and moral law violated by the criminal. Penalties under the RPC have three-fold purpose: 1. Must be correctional. ACADCOM 2004: Antoinette Principe. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. e.THE FRATERNAL ORDER OF ST. there is no penalty.) 6.) Question: What is the purpose of the State in punishing crimes'? Answer: To secure justice. Angel 5. and rests primarily on the moral rightfulness of the punishment inflicted. men have. No one may escape its effects. (That purpose is correctional—to correct you so that you will not repeat it. Bui the law itself is supposed to be certain and equal. Alex Blaise Cunanan.As shown by its inflexible severity to recidivists and habitual delinquents. Jose Charito Cortez. Social defense . Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza.The criminal is punished to serve by the State as an act of retributive justice. the latter must protect it from such enemy by taking his life in retribution for his offense and as an example and warning to others. Must be certain. Justice. Ryan Reyes & Marilou dela Cruz 149 . When a person has proved himself to be a dangerous enemy of society. theoretically. Must be equal for all. Only. Zaldy Lu. Reformation. Correction or reformation As shown by the rules which regulate the execution of the penalties consisting in deprivation of liberty.The penalty is commensurate with the gravity of the offense. Zaldy Lu. to maintain consistency why do we insist that these people be still prosecuted when there is already a change in the policy of the State. whether before the trial or during the trial. — Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony. the penalty. liven if you arc caught pushing one stick of marijuana. a1994 decision. although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same. or the confinement automatically becomesillegal. From 1 gram to 749 grams. If you are caught selling one or two sticks. he has already been in jail for 8 years and still has a Song time to go because of life imprisonment. if you are a small time pusher the penalty under the new law is lower. by lowering the penalty or eliminating the crime. possession or pushing. Vinarao. That has teen applied recently by the SC in the case of Ordonez vs. Ryan Reyes & Marilou dela Cruz 150 . life imprisonment. this is the new law. Joji Bernadette Ancog. For marijuana. the penalty is reclusion perpetua to death. by stages. as this term is defined in Rule 5 of Article 62 of this Code. 1 le said: **lfj were prosecuted under the new law.THE FRATERNAL ORDER OF ST. life imprisonment. Jerry Catague. the question is: 1 low do you have a person released from jail when there is already a final judgment? The remedy is habeas corpus. There might have been already a supervening case of policy. 6 years should have been the maximum.under the aid law. People. the crime has already been eliminated because the act. There was a pusher convicted in 1986. so it benefits those who were convicted under the old law. In 1994. prision correctional. What should I do? The OR through its Chairman Sedfery Ordonez filed a petition for habeas corpus for him. the excess. criminal before is no longer a crime now. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Now. Even if the accused is already serving sentence? Answer: Yes. in effect. life imprisonment. who is not a habitual criminal. Iñigo & Atty Teodoro V. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. because the moment the new law repealed the old law or the new Ian imposed a lower penalty and you have already -gone beyond it. Jose Charito Cortez. life imprisonment But RA 7659 has changed the policy. I have been in jail for 8 years now. the penalty for drug pushing was life imprisonment. That's why even if he is in jail. Angel Art. those sentenced to life imprisonment. it will benefit him in whatever stage he is found. You sell one truckload of marijuana. 22. let us say. So. Question: We will give a penal law retroactive effect if it is favorable to the accused. it is 750 grams or more. because the law should be given retroactive effect ACADCOM 2004: Antoinette Principe. So. Alex Blaise Cunanan. Jette Roy Sanchez. That is the reason behind that. now it's by gram. under the law. then it could be inconsistent for the State to still insist on the continued punishment or prosecution of a person. Question: What is the reason why a favorable statute may be given retroactive effect? Answer: The reason: to be consistent with public policy. if Congress changes the law. Retroactive effect of penal laws. who were convicted before the drug pushing. THE FRATERNAL ORDER OF ST. because the civil liability has been paid. will you be satisfied? Of course. It is a perfect example of retroactivity of a new law.  It will not be given retroactive effect if the law makes itself inapplicable to pending suits. I can no longer prove this case beyond reasonable. doubt. Question: Is there an exception? Answer: The law is very clear:  You will not benefit if you are classified as a habitual delinquent under Article 62. Effect of pardon by the offended party. who is the offended party. Iñigo & Atty Teodoro V. Well. the Director of Prisons to submit to this Court a list of all prisoners there who were convicted under the old law.not because of pardon. there are may cases dismissed because of the Affidavit of Desistance. Alex Blaise Cunanan. The reason is you are not a witness for yourself. They should be ordered released. actually there. release them. Well. where the witness does not want to testify? That is what is happening in practice. So. If I will be the judge. Ryan Reyes & Marilou dela Cruz 151 . you are a witness for the People. The offended party cannot pardon. because the offense is not against you It is against the People of the Philippines and technically you are only a witness for the society. If you are the accused will you complain? You are happy because there is no more case. Joji Bernadette Ancog. Jette Roy Sanchez. the SC ordered in that case of Ordonez vs. Vinarao. Angel The SC said: Yes. It is too much hassle to go to and fro in court. if the prosecution witness is hostile. I will deny your motion because you are violating Article 23. How can I prove this case if no one will testify? The prosecution's witness turned hostile. the fiscal can move for his arrest and place him in jail until he cooperates. — A pardon of the offended party does not extinguish criminal action except as provided in Article 344 of this Code. Jerry Catague. Jose Charito Cortez. applying Article 22 of the RFC. That is the reason behind that: If you ask: How come. As a matter of fact. you cannot " talk" of society. How come this is happening everyday? Because nobody is complaining. the judge will dismiss the case for insufficiency of evidence. Pardon by the offended party is a mere agreement. Usually the fiscal will state in his motion: With the hostility of the principal witness. So. 23. Because if the fiscal will state in his motion: We move to dismiss because the accused has already been pardoned by the offended party. The habeas corpus proceeding decided on December 1994. They have been in jail for eight years. If you are the defense lawyer. in practice. The SC ordered their release because it was beyond the maximum term under the law. The fiscal is ACADCOM 2004: Antoinette Principe. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. the fiscal may file a motion . Zaldy Lu. in reality in the motion it is not a ground Under the Rules on Criminal Procedure. Art. you are happy because the case is over. If you are the offended party or victim. but civil liability with regard to the interest of the injured party is extinguished by his express waiver. You are given your attorney's fees. Pardon here is a bar to criminal liability. . what happened when the case of rape was already filed in court and. nobody will complain. The only instance under the Penal Code. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. where pardon by the offended party produces certain effects.89 (7). they escape Article 23. Ryan Reyes & Marilou dela Cruz 152 . nor in any case. or guardian. So.seduction.THE FRATERNAL ORDER OF ST.The offenses of . What extinguishes criminal liability where the case is instituted is marriage between the offender and the offended party. that is something personal you may prefer to suffer in silence rather than go through the scandal of n public trial. etc. That is one of the modes of extinguishing criminal inability trader Art. RFC. yon have to honor the spirit because of the ruling Unit. Jerry Catague. what are the modes of extinguishing criminal liability? There is no mention of pardon. Iñigo & Atty Teodoro V. Angel happy because that in one work less. By marriage of the offended woman. That is within your control—condonation or remission of the debt. The only pardon mentioned there is absolute pardon by the President under Art. the victim will say: I don't want to do this anymore! Can her pardon be given effect? No more.89(4) and not pardon by the offended party. it must be made before the institution of the action. But actually. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. which cannot be prosecuted de oficio. it means it is an obstacle to the tiling of the criminal case. as the case may be. if the offender has been expressly pardoned by the above-named persons. These are private crimes. ARTICLE 344(3). as provided in Article 344 of this Code. They cannot cite pardon. rape. Notice. shall not be prosecuted except upon a complaint filed by the offended party or her parents. Joji Bernadette Ancog. one of the modes of extinguishing civil obligation. What is mentioned there is marriage between the offender and the offended party. What is extinguished is the civil liability. Alex Blaise Cunanan. If the victim refuses to testify. acts of lasciviousness. Zaldy Lu. it is an obstacle to the case proceeding in court. under Article 89. in the middle of the trial. ACADCOM 2004: Antoinette Principe. Jette Roy Sanchez. So. Because when you say pardon is a bar. Once the ease is tiled. Jose Charito Cortez. If you are a victim of rape. Meaning. because the criminal action has already been instituted and it is no longer within her control. grandparents. The judge is happy because that is minus one case. Because everybody is happy. pardon is useless. Joji Bernadette Ancog. we cannot say you are an ex-convict because you have never been penalized. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. It is a measure of prevention or safety for you. [Article 24 (2)] Article 80 has already been taken over by PD 603. as well as their detention by reason of insanity or imbecility. that is not the measure of prevention or safety. Deprivation of rights and the reparations which the civil laws may establish in penal form. it is not considered as penalty. And if you look at Article 24. your liberty is taken from you like imprisonment. Ryan Reyes & Marilou dela Cruz 153 . He asks for suspended sentence. He is like being in prison. Put him in the isolation ward. Jose Charito Cortez. Angel Art.THE FRATERNAL ORDER OF ST. Unlike a person who is sentenced to jail. Jerry Catague. it is as if he is imprisoned. Incarceration. So. 2. or illness requiring their confinement in a hospital. he is not really being penalized. he might kill more people. He is placed there like a sentenced criminal. Iñigo & Atty Teodoro V. 24. One of the characteristics is that it should be legal. in the exercise of their administrative disciplinary powers. When he goes out from the jail. Alex Blaise Cunanan. it is a penalty provided for by law and imposed by the court. 3. he is killing people. Article 24 enumerates certain acts where there appears to be a penalty because penalty could mean pecuniary penalty like a fine. Jette Roy Sanchez. if you undergo any of these. ACADCOM 2004: Antoinette Principe. Fines and other corrective measures which. 4. If the person is insane. You are not being penalized. Zaldy Lu. How can he be liable? He is even exempt from criminal liability for being insane. What is the confinement for? That is only a measure of prevention or safety. The court has never ordered you to pay a fine or has never ordered your incarceration. He is committed to a rehabilitation center. So. Because if he will be allowed to walk around. you come out. 5. This refers to suspended sentence of minors. No. he could be ordered arrested and confined at a mental hospital. it appears to be a penalty in the eyes of the penal code. So. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. he served the sentence. Penalties should be legal. it seems to fit a penalty but the trouble is that there is no judgment of conviction. Why? It is only a measure of prevention or safety. The arrest and temporary detention of accused persons. But if you go to article 24. ex-convict. Meaning. what shall we do? Well. superior officials may impose upon their subordinates. you are not a convict because it is not a penalty. Measures of prevention or safety which are nor considered penalties. Suspension from the employment of public office during the trial or in order to institute proceedings. The commitment of a minor to any of the institutions mentioned in Article 80 and for the purposes specified therein. rational. So. — The following shall not be considered as penalties: 1. How can he be penalized when practically there is a suspension of the sentence? So. Question: what are the conditions of penalty under the classical theory in criminal law? Answer: To commensurate the offense. Once you are found guilty. If you ask somebody: Give an example of deprivation of rights under the penal code'' He might be tempted to say. That is only an administrative line. Angel Article 24 (3) Actually suspension form employment or public office is a type of penalty under the RPC for certain crimes. the penalty you can give there is the penalty of civil interdiction. So that is not a penalty. You are not considered a convicted person by being found liable under the Civil Service act. But under the Civil Service Act. Now. Penalty could be deprivation of civil rights -the right to vote. etc. They are still presumed innocent. ACADCOM 2004: Antoinette Principe.  Article 24. that is not a criminal fine. Ryan Reyes & Marilou dela Cruz 154 . the government will pay you. You look at the next article. What is that suspension? that is a measure of prevention or safety. Also other corrective measures are considered penalties under the Penal Code. you will think of other things.(4) Fine is a penalty under the Penal Code. Civil interdiction is a measure of prevention or safety which is not a penalty. Joji Bernadette Ancog. Jette Roy Sanchez. So. You look at the accessory penalties. Zaldy Lu.  Article 24. And if you are acquitted. Everything will be paid to you during the period of your suspension while the case is going on. Actually the example. Jerry Catague. THOMAS MORE  CRIMINAL LAW 1 – Dean Hildegardo F.(5) Deprivation of rights which the law may establish in penal form. Arc thev already adjudged as guilty? Are they being penalized? No. And the head of office. That is the penalty but the suspension referred here is not a penalty because you have not been convicted. Jose Charito Cortez. the Sandiganbayan will order you suspended for 90 days even a policeman facing a criminal case'' He will be suspended. if you are a public officer facing a crime. Article 25. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. you are suspended from holding public office. but only a measure. the CSC can also impose a fine in administrative cases involving those of the government service. under the law. suspension. Iñigo & Atty Teodoro V. Alex Blaise Cunanan. You are wrong civil interdiction is a penalty under the RPC. etc.THE FRATERNAL ORDER OF ST. So you cannot say that you are already being convicted. Like for Example How come that under the Anti Graft Act. the superior office of the government authorized to hand down penalties like lines. So that you will not use your position to influence witnesses for or against you. if you are not careful. Example: Under Art. Angel ARTICLE 25 . The loss of parental authority is similar to being sentenced to a civil interdiction. Civil interdiction is not a civil taw penalty! It is a criminal penalty. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Jose Charito Cortez. civil interdiction is not a civil law issue because of the word " civil" is there.24(5)? Answer: Deprivation of rights and separation. Jerry Catague. Iñigo & Atty Teodoro V. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. the right to vote and be voted for. You will not be under civil interdiction unless you are found guilty of a crime. That is what a par. Civil interdiction is criminal penalty. It does not refer to the penalty of civil interdiction but to a penalty imposed by the court in a civil case which is analogous to civil interdiction. are those included in the following: xxx ACCESSORY PENALTIES Perpetual or temporary disqualification Perpetual or temporary special disqualification Suspension from public office. Civil interdiction is included. suppose it is a civil case where a father or a mother maltreats or abuses his or her own child. Question: What is meant by Art.Penalties which may be imposed —The penalties which may be imposed. according to this code. You were not sentenced to civil interdiction. but not civil interdiction.5 of Art 24 means. Joji Bernadette Ancog. you will be placed under civil interdiction) is you arc deprived of your parental authority over your children. Jette Roy Sanchez. but sentenced to that penalty in the civil case. winch ihe civil law may establish in penal form? It means that in a civil case you arc deprived of a right by the court. So.THE FRATERNAL ORDER OF ST. Zaldy Lu. the profession or calling CIVIL INTERDICTION Indemnification Forfeiture or confiscation of instruments and proceeds of the offense Payment of costs. ACADCOM 2004: Antoinette Principe. it is not considered as a criminal penalty but a civil penalty analogous to civil interdiction. and their different classes. Alex Blaise Cunanan. whose the right deprived similar to that of someone who is under civil interdiction Similar to civil interdiction. a case is filed in court against the parent and the court says For maltreating or abusing your own child the court will deprive yon of your parental authority and transfer it to the grandfather of the child. Ryan Reyes & Marilou dela Cruz 155 . Now. 34 of the RPC. So. one of the effects of civil interdiction if you are found guilty. The definition of the principal penalty is: A principal penalty is the penalty imposed by the court expressly in a judgment of conviction.THE FRATERNAL ORDER OF ST. Art. The words "accessory" here and "principal" have nothing to do with persons criminally liable If has nothing to do with principals by direct participation or accessories under Art. 25. 19 of the RPC. — The penalties which may be imposed according to this Code. Another definition is accessory penalty is a penalty which is deemed included in the imposition of the principal penalties. Alex Blaise Cunanan. ACADCOM 2004: Antoinette Principe. Jerry Catague. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. 25 classifies penalties into two main classes: 1. the Accessory penalties. and their different classes. Joji Bernadette Ancog. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. 25. the Principal penalties. Angel Chapter two CLASSIFICATION OF PENALTIES Art. Jose Charito Cortez. are those included in the following: Capital Punishment: Death Afflictive Penalties: Reclusion perpetua Reclusion Temporal Perpetual or temporary absolute disqualification Perpetual or temporary special disqualification Prision mayor Correctional Penalties: Prision Correctional Arresto Mayor Suspension Destierro Light Penalties: Arresto menor Public censure All the penalties known under the Penal Code are found in Art. An accessory penalty is a penalty which is deemed imposed in the principal if not mentioned in the decision. Iñigo & Atty Teodoro V. Answer: Do not say that the principal penalty is for the principal by direct participation. Zaldy Lu. Jette Roy Sanchez. and 2. Question: Define principal penalty or define accessory penalty. Ryan Reyes & Marilou dela Cruz 156 . that accessory penalty is the penalty for the accessory and I wonder what happened to the accomplice penalty. Penalties which may be imposed. The court should have said: You are hereby sentenced to 20 wars of reclusion temporal plus civil interdiction. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. am I entitled to vote? Am I entitled to hold public office? Can I exercise parental authority over my children? Answer: I cannot. And you cannot say: We. Iñigo & Atty Teodoro V.say: You are hereby sentenced to death for 10 years. there is no mention.THE FRATERNAL ORDER OF ST. etc. During the 20 years. the court never said that. Jose Charito Cortez. for some crimes. Angel The accessory follows the principal. Question: What do you mean by indivisible? By divisible? Answer: Penalty is indivisible if it has no fixed duration. But for other crimes it is not the principal penalty but only accessory. " The death penalty is the principal. Perpetual or temporary special disqualification Question: How can a penalty be a principal and at the same time accessory? How can it be expressly imposed and at the same time deemed imposed? Answer: What it means to say is. Perpetual or temporary absolute disqualification. although not found in the law expressly. disqualification or suspension is the principal penalty because that is the penalty prescribed by the law. The court will not . Another classification is whether indivisible or divisible. and 3. Why? Because if you are sentenced to 20 years of reclusion temporal. A divisible penalty is penalty which has a fixed duration and is divisible into 3 parts known as minimum period. Alex Blaise Cunanan. Jette Roy Sanchez. it depends on the crime. No need to mention it. disqualification. that is a good example. I will say: "You are hereby sentenced to 14 years of reclusion temporal. Question: The court said: "You are hereby sentenced to 20years of reclusion temporal (only and never mentioned anything)." What type of penalty is this? Principal? "You are hereby sentenced to death. medium period and maximum period A perfect example of an indivisible penalty is the death penalty (capital punishment). There is no need because it is deemed imposed. The definition of accessory is deemed imposed even if not mentioned Question: What penalties are principal and at the same time accessory? Answer: 1. Perpetual disqualification is considered indivisible. You are hereby sentenced to death. Joji Bernadette Ancog. Question: Are there other disqualifications of penalties under the Penal Code aside from principal and accessory? Answer: You can give other classifications. It is deemed included. ACADCOM 2004: Antoinette Principe. Zaldy Lu. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. and civil interdiction. you are also suffering from suspension. Suspension 2. Jerry Catague. Ryan Reyes & Marilou dela Cruz 157 . So. So. arresto mayor. prison mayor and 3. Light Question: What are the afflictive penalties? Answer: You go to Art. suspension. Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional. Afflictive. correctional.THE FRATERNAL ORDER OF ST. there is no imprisonment here Bui you can also forfeit your life like death So. deprivation of rights (perpetual or temporary disqualification. Another classification based on the nature of the penalty is. divisible. indivisible and divisible. deprivation of freedom (reclusion perpetua and temporal. 2. So. Jerry Catague. There is deprivation of rights. corporal (death). 2. destierro. So. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Question: Light? ACADCOM 2004: Antoinette Principe. that is another classification. restriction of freedom (destierro) 5. Classification of penalties according to subject matter: 1. there is imprisonment. Zaldy Lu. Jose Charito Cortez. the afflictive penalties • Reclusion perpetua • Rectusion temporal • Perpetual or temporary absolute disqualification • Perpetual 01 temporary special disqualification • Prison mayor Question: What is a less grave felony under Art. Jette Roy Sanchez. not more than 30. and 4. Divisible into 3 parts: I to 10 days. there is fine or payment of costs. So not less than 1. 6. Capital. Alex Blaise Cunanan. in accordance with the above-mentioned article (Art 25) Question: What are correctional penalties? Answer: Prison correccional. 4. Joji Bernadette Ancog. Correctional. 21 to 30 days. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. you know penalties have many classes. 11 to 20 days. So. it is correctional.. suspension. Angel Now. penalties could be classified into many pans. practically the majority arresto menor ~ I day to 30 days. arresto mayor and menor). civil interdiction pecuniary (line. hand to keep the peace) Classification of penalties according to gravity: 1.. 3. if that’s the penalty. Iñigo & Atty Teodoro V. penalty does not necessarily mean that you will go to jail. The penalty of fine. Ryan Reyes & Marilou dela Cruz 158 . 25. 9? Answer: One which carries correctional penalties. it is light under Art. Ryan Reyes & Marilou dela Cruz 159 .000 pesos but is not less than 200 pesos. or there is none? if there is a conflict. it is not a light penalty but correctional Question: But is the felony light? Answer: Yes. Question: is there a conflict between the two articles. it is common. what kind of penalty is that? Fine of P20. Fine P50 . if the line is exactly P200. But in Art 26. the court sentenced him of a maximum fine of P200. it is correctional. what is the definition of a light felony? Answer: Light felonies are those infractions of law for the commission of which a penalty of arresto menor or a fine not exceeding 200 pesos or both is provided. It is light under Art. reconcilable conflict. Joji Bernadette Ancog. 9. 9. but it is no longer light under Art. Art.000. you know which is applicable depending upon the issue asked. whether imposed as a single of as an alternative penalty. the felony is light although the penalty is correctional. if it exceeds 6. Jerry Catague.THE FRATERNAL ORDER OF ST.000 pesos. which of the two will we follow ? Answer: Art 9 is a classification of felonies. Question: How do we reconcile this? Answer: There is no problem if the line is P1999 pesos or lower. Question: Is there a legal significance of the difference? ACADCOM 2004: Antoinette Principe. 26 is a classification of penalties I low can there be a conflict? There is no conflict because the two articles talk of different things PROBLEM: Suppose after trial. You look at the law. 26. if a fine is exactly P200. Question: What is a light felony'" Go back to Art. 26. Jette Roy Sanchez. So. correctional. — A fine. if it does not exceed 6. shall be considered an afflictive penalty. 9. When afflictive. Iñigo & Atty Teodoro V. But if you add one peso.000 it is considered correctional penalty which is less than P200. Jose Charito Cortez. light. if it is ranging from P200 P6. there comes the problem. or light penalty.it must be a light penalty. Question: What is a fine? Where does it fall? Answer: It means that fine could be afflictive. So. Is the penalty light or not? In this case. it could be light So. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Art. a correctional penalty. Alex Blaise Cunanan. because it is light under Art. Angel Answer: Arresto menor and public censure. Zaldy Lu. Fine not exceeding P200 pesos.00 afflictive. That is how you classify fine. 26. and a light penalty if it less than 200 pesos. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. it could be correctional. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. A is accused of slight physical injuries which Carries the penalty of arresto menor or a fine not exceeding P200. Ryan Reyes & Marilou dela Cruz 160 .THE FRATERNAL ORDER OF ST. Angel Answer: I will now show the significance of the difference. Joji Bernadette Ancog. ACADCOM 2004: Antoinette Principe. what is the prescriptive period for the crime? Under the law. Jette Roy Sanchez. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Art 90. Under the law on prescription of crime. what is the prescriptive period for the light felony? Art. Jerry Catague. Zaldy Lu. last paragraph. Alex Blaise Cunanan. 90. Jose Charito Cortez. with subsidiary imprisonment in case of insolvency. Question: Is the prescriptive period for the crime only 1 year? Answer: No Why? Because the penalty is no longer light. he also does not want to pay the fine He wants to evade the penalty. You can see the effect in the prescriptive period. He does not want to pay the fine. light penalties prescribe in 1 year. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Jette Roy Sanchez. Angel Light offenses prescribe in two months PROBLEM: The court upon conviction. What is the penalty? Correctional under Art. correctional penalties prescribe in 10 years (with the exception of the penalty of arresto mayor.THE FRATERNAL ORDER OF ST. Ryan Reyes & Marilou dela Cruz 161 . Zaldy Lu. Here he does not want to go to jail. so the penalty is light Art. The court. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Alex Blaise Cunanan. Joji Bernadette Ancog. ACADCOM 2004: Antoinette Principe. you have to hide for I year Suppose after trial. 92. the court sentenced him to pay not PI99 but P200. which prescribes in 5 years). There is a big difference. sentenced him to pay a tine of P50 with subsidiary imprisonment in case of insolvency. he does not also want to serve the subsidiary imprisonment. 92. so. add P1 for maximum. Correctional penalties prescribe in 10 years. Iñigo & Atty Teodoro V. That is the effect of that P1. Jose Charito Cortez. Jerry Catague. Question: What is the prescriptive period for him n-> evade penalty? Answer: If the fine is P199. — The duration of the penalties of prision mayor and temporary disqualification shall be from six years and one day to twelve years. — Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years. except when the penalty of disqualification is imposed as an accessory penalty. except when suspension is imposed as an accessory penalty. But now. and destierro. the question is asked: Question: What kind of penalty is reclusion perpetua? Is it divisible or an indivisible penalty? Answer: There is no question what it is prior to the amendment. Arresto mayor. there is really no duration. Alex Blaise Cunanan. — The duration of the penalty of arresto mayor shall be from one month and one day to six months. What the law. unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon. the rule on reclusion perpetua was that it was an indivisible penalty. Jette Roy Sanchez. The law says: The penalty of reclusion perpetua shall be from 20 years and one day to 40 years. Jose Charito Cortez. Meaning. suspension. Prision correccional. Ryan Reyes & Marilou dela Cruz 162 . It had no fixed duration. — The duration of the penalty of arresto menor shall be from one day to thirty days. continuation na ng reclusion temporal because reclusion temporal is 12 years and 1 day to 20 years. Arresto menor. Jerry Catague. Prision mayor and temporary disqualification. — The penalty of reclusion temporal shall be from twelve years and one day to twenty years. the law says: "20 years and 1 day to 40 years". is he amendment of the first paragraph of Art 27 which (radicalized the penalty of reclusion perpetua. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. The first important amendments introduced by the Heinous Crimes Law. Therefore. Reclusion perpetua.THE FRATERNAL ORDER OF ST. Zaldy Lu. in which case. Bond to keep the peace. Prior to amendment. its duration shall be that of the principal penalty. Before the amendment. Iñigo & Atty Teodoro V. 27. suspension and destierro shall be from six months and one day to six years. Angel Chapter Three DURATION AND EFFECT OF PENALTIES Section One – Duration of Penalties Art. — The bond to keep the peace shall be required to cover such period of time as the court may determine. Reclusion temporal. in which case its duration shall be that of the principal penalty. Joji Bernadette Ancog. — The duration of the penalties of prision correccional. This is now the new law. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. RA 7659. And therefore because of the amendment. provided was that ACADCOM 2004: Antoinette Principe. The President may or may not pardon him after 30 years. he shall be introduced after 30 years unless the President does not consider him worthy of pardon. if the person is sentenced to reclusion perpetua. If no pardon is given. 31. Do not state any specific number of years or months. When you sentence a person with perpetua. Lucas. if you will say the amendment of Art. Art. the SC said it is still an indivisible penalty So with that. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. is it now a divisible penalty with a fixed duration of 20 years and 1day but not more than 40 years? PEOPLE vs. it is a divisible penalty divisible into 3 parts minimum period. However. The one in the 240 SCRA was the resolution of the Motion for Reconsideration where the SC changed its stand. It means to say you may be pardoned after 20 years and 1 day or after 20 years and 2 days. 35. Ryan Reyes & Marilou dela Cruz 163 . Meaning. LUCAS 253 SCRA 537 The amendment of RA 7659 has converted the penalty of reclusion perpetua into a divisible penalty with a fixed minimum and fixed maximum 20 years and I day to 40 years. the SC had to review the original ruling in the First Division and Armed at a certain decision decided after 8 months on January 5. Zaldy Lu. it will cause confusion and render nugatory the articles of the Penal Code to avoid that. because of the ease of Lucas. Jerry Catague. 1995. Joji Bernadette Ancog. So you may be pardoned after 30 years. the SC sentenced the accused to a specific term of 34 years. there was a Motion for Reconsideration filed before the First Division if you claim now that because of the amendment reclusion perpetua is converted into a division penalty. etc. Do not confuse the Lucas decision found in 232 SCRA with the Lucas decision found in 24081 SCRA. which obviously was wrong' The SC admitted. Take note that it is a common error by all courts throughout the country in equating the penalty of reclusion perpetua with the penalty of life imprisonment. then what happens to this article? Many got confused with it. Art. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. medium and Maximum 20 years and 1 day to 40 years. despite the amendments. with that 20 years and 1 day. 6 months. and Art. it is still an indivisible penalty Reclusion perpetua. But now. months or days. Therefore. 41 (Reclusion perpetua and reclusion temporal). remains to be an INDIVISIBLE penalty Because the SC connected it with Art 63 {Rules for (the application of indivisible penalties) of the RPC. that reclusion perpetua is from 20 years and I day to 40 years however. 27 had converted reclusion perpetua into a divisible penalty. In the second one. The ponente was still Justice Davide Jr. the original decision. The one in 232 SCRA was the original decision. the amendment has not made it a di\ isible penalty. ACADCOM 2004: Antoinette Principe. Iñigo & Atty Teodoro V. the SC ruled that despite the fact that stated now in the law. So.The SC noted that all these articles are related which were not touched by the amendments. (People vs. Alex Blaise Cunanan. 61 (Rules on graduating penalties). 240SCRA 66). you wait for your pardon.THE FRATERNAL ORDER OF ST. Therefore. -because there is no duration. But they decided to resolve the issue en blanc. Jose Charito Cortez. Angel you shall be pardoned alter 30 years unless the President does not consider you worthy of pardon. the judge says: "You are hereby sentenced to reclusion perpetua" Do not say any number of years. Jette Roy Sanchez. after 40 years you are a free man. 76(legal period of duration of divisible penalties). Joji Bernadette Ancog. Perpetua is riot the same as life imprisonment. The proper penalty winch should have been imposed is reclusion perpetua. The term 'reclusion perpetua" is not synonymous with life imprisonment. The two arc different. Alex Blaise Cunanan. Jette Roy Sanchez. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. You cannot know if you may be pardoned after 20 or 25 years. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Jerry Catague. (he principal penalty for a felony has Ms own specific duration and corresponding accessory penalties. PEOPLE vs. The perfect example of that life imprisonment is that of illegal recruitment under the Code. You look at the Labor Code . There is no penalty of life imprisonment in the scheme of penalties under the RPC. through ACADCOM 2004: Antoinette Principe. PEOPLE vs. which is a penalty imposed by special laws This Court has. That is not the case. Jose Charito Cortez. It is an off-repeated rule that a judgment tor conviction of a felony the court must specify the appropriate name of the penalty inasmuch as under die specific felony in the RPC.the penalty is life imprisonment. PEOPLE vs. "You are hereby sentence to reclusion perpetua or life imprisonment. There are many things that are mentioned in the new cases The Dangerous Drugs Act. Every judge should take note of (his distinction. although a special law. The SC has been very emphatic on the difference. LIFE IMPRISONMENT Whereas. SAM I LLANO The Court is cognizant of the practice of the Iowa court equating the penalty of reclusion perpetua with life imprisonment. borrowed the penalty of reciusion perpetua from the Revised Penal Code. Ryan Reyes & Marilou dela Cruz 164 . It is really for life Does not carry accessory penalty The penalty for crimes not under the RPC but under the special laws. Such an erroneous practice must be curtailed. Zaldy Lu. Carries accessory penalties under the penal code Involves heinous crimes penalize under the RPC. Iñigo & Atty Teodoro V. Angel Question: Distinguish reclusion perpetua from life imprisonment? RECLUSION PERPETUA Imprisonment ranging from 20 years and 1 day to 40 years within which the president may pardon me. Evidently. no trial judge should mislead one for the oilier. life imprisonment has no definite duration. DEJELLOS 205 SCRA 546 The trial court imposed the penalty of reclusion perpetua or life imprisonment. It is not reclusion perpetua. And the SC speaks "Henceforth. ADRI 266 SCRA 131 The Court takes this opportunity to catch the attention of the trial judges in the use of the proper term in imposing penalties.THE FRATERNAL ORDER OF ST. he considered the latter as the English translation of the former. The duration of the other penalties shall be computed only from the day on which the defendant commences to serve his sentence. — Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty. If the offender be not in prison.THE FRATERNAL ORDER OF ST. The proper penalty is life imprisonment These judges don't know their law. When they are recidivists or have been convicted previously twice or more times of any crime. Jose Charito Cortez. except in the following cases: and 1. Art. The penalty under the law is life imprisonment. Alex Blaise Cunanan. And certainly. reminded judges to strictly follow the correct application of the penalties of reclusion perpetua and life imprisonment for offenses punishable under the Penal Code and special laws. Iñigo & Atty Teodoro V. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Imprisonment for life is not the same as life imprisonment. Art. They do not understand that the penalty of life imprisonment means a different thing. Angel Administrative Circular No. LUCERO Facts: Here the judge said a different term He sentenced somebody in an illegal recruitment case. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. He said "imprisonment for life". PEOPLE vs. 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. future lapses on the part of the trial judges on this matter will merit proper administrative sanctions. the imprisonment is that he will stay in prison all the rest of his natural life. respectively. "You are hereby sentenced to imprisonment for life". Period of preventive imprisonment deducted from term of imprisonment. if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners. Ryan Reyes & Marilou dela Cruz 165 . Computation of penalties. 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. Zaldy Lu. Jerry Catague. with the full time during which they have undergone preventive imprisonment. 68-92. Jette Roy Sanchez. 28. For one thing the proper penalty is life imprisonment. 29. Joji Bernadette Ancog. — If the offender shall be in prison. Held: The penalty meted out as imprisonment for life the trial court has no business putting as penalty what it seems its equivalent of the mandated penalty. ACADCOM 2004: Antoinette Principe. Alex Blaise Cunanan. 214. July 10. There is no problem if the prisoner will be convicted. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners. No. In case the maximum penalty to which the accused may be sentenced is destierro. Sometimes there are even instances when upon conviction you have already served the sentence because the sentence imposed by the court is equal or even lower. they are detention prisoners. Jerry Catague. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. lie has to be in jail because he is facing a criminal case. 1970). and there was a warrant for his arrest. Iñigo & Atty Teodoro V. The period of preventive imprisonment that he has undergone will already be computed or 4/5. we have an answer to that because there is a new law. But what is painful is if you have undergone preventive imprisonment and after a while you are acquitted All the while. Ryan Reyes & Marilou dela Cruz 166 . "Sorry. So credited although there are some instances where there is no credit at all. Angel 2. 1988). (As amended by E. the answer there was. Why is he in jail? Because of 2 possible reasons: Either the offense is non-bailable or it may be bailable but he cannot put up the required bail bond So he has to be (here while the case is on going What do you call that prisoner'. as distinguished from those convicted prisoners by final judgment If for example. You are completely innocent. he shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment. At least. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily. he shall be released after thirty (30) days of preventive imprisonment. Zaldy Lu. if the same is under review. You file a claim with the Department of Justice because they will give something in return. you are imprisoned you’re acquitted. June 17. for example. 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. the service of sentence is counted. you are innocent And the question is what will happen to mat? What is the recourse of the prisoner? Before. Jette Roy Sanchez. That is possible. For victims of unjust imprisonment or detention the compensation shall be based on the number of months of imprisonment or detention and a fraction thereof shall be considered as one ACADCOM 2004: Antoinette Principe. they have undergone imprisonment already. Joji Bernadette Ancog. he has served already.' A detention prisoner. It turns out that you never have committed any crime. An Act Creating a Board of Claims under the Department of Justice for Victims of Unjust Imprisonment or Detention. Victims of Violent Crime and other purposes So. Question: Define preventive imprisonment? Answer: Preventive suspension is the imprisonment being undergone by a person who has been accused of a crime but not yet found guilty. (As amended by Republic Act 6127. So by the time he was convicted.THE FRATERNAL ORDER OF ST. depending on whether the prisoner was bound by same rules for convicted prisoners. RA 7309. Jose Charito Cortez. But now.O. and later on they are convicted by a certain prison term. charge it to experience". Joji Bernadette Ancog. He was acquitted on the ground of reasonable doubt. Jerry Catague. Alex Blaise Cunanan.000 00 per month That is the maximum So. convicted and imprisoned. that is not the issue. the conviction is unjust.THE FRATERNAL ORDER OF ST. But in no case shall compensation exceed P1. He said. He was undergoing imprisonment. 3-A of the law requires that the claimant was unjustly accused. at least the DOJ will say. and the accused is acquitted is not in itself proof that the previous conviction is unjust. his conviction was reversed. No. "when the court acquitted me. the SC interpreted the scope of the State's liability under RA 7309 which provides compensation for persons who are unjustly accused convicted and imprisoned but on appeal. Upon his release. if you are imprisoned for 10 months. How do you say that you are unjustly convicted? Meaning. It is tantamount to say that the judge committed a crime of rendering an unjust judgment under the penal code. convicted and imprisoned". but not necessarily unjust How do you prove that the judge knowingly rendered an unjust judgment? In this case. The issue here is: How were you convicted'. Jose Charito Cortez.000. That is why it is not correct to say that under the law the liability of compensation depends entirely on the innocence of the accused. the conviction while erroneous is not unjust. here's your P10. which is one of the hardest crimes to prove. So. OFFICE OF THE SECRETARY 238 SCRA 5 Facts: The accused was found guilty. Zaldy Lu. "O. Iñigo & Atty Teodoro V. Then. every person who is acquitted will automatically be paid Held: Sec. The judgment could be wrong. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. automatically it means that I was unjustly accused. convicted and imprisoned". The fact that the previous convection is reversed. based on this argument. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Not every person who is acquitted automatically proves that die conviction is unjust. he appealed On appeal.00 that is the maximum" BASBACIO vs. If the conviction is due to an error in the appreciation of evidence. Jette Roy Sanchez. ACADCOM 2004: Antoinette Principe. Angel month. "You are not unjustly accused. The DOJ said. he filed for compensation.' Was the judge unfair to you? Were your rights violated? That's what unjust means If an accused he on appeal acquitted because he did not commit the crime but does not necessarily mean that be is entitled to compensation for having been a victim of unjust conviction. Ryan Reyes & Marilou dela Cruz 167 . To say that the accused has been unjustly convicted has to so with the matter of his conviction rather than his innocence it is not an issue whether you are innocent. acquitted from liabilities. Art.THE FRATERNAL ORDER OF ST. such disqualification as is comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence. — The penalties of perpetual or temporal special disqualification for public office. Angel Section Two. Zaldy Lu. The disqualification for the offices or public employments and for the exercise of any of the mentioned. 2. employment. 30. according to the nature of said penalty. The disqualification for holding similar offices or employments either perpetually or during the term of the sentence according to the extent of such disqualification. The deprivation of the office. of the right to vote in any popular election for any public office or to be elected to such office. Jette Roy Sanchez. profession or calling affected. 4. — 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. Effect of the penalties of perpetual or temporary special disqualification. The loss of all rights to retirement pay or other pension for any office formerly held. Ryan Reyes & Marilou dela Cruz 168 . The deprivation of the public offices and employments which the offender may have held even if conferred by popular election. 32. The deprivation of the right to vote in any election for any popular office or to be elected to such office. Art. Effect of the penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage. — The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects: 1. Moreover. the offender shall not be permitted to hold any public office during the period of his disqualification. — Effects of the penalties according to their respective nature Art. ACADCOM 2004: Antoinette Principe. Effects of the penalties of perpetual or temporary absolute disqualification. Jose Charito Cortez. 2. rights 3. 31. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. profession or calling shall produce the following effects: 1. In case of temporary disqualification. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Iñigo & Atty Teodoro V. Joji Bernadette Ancog. Jerry Catague. Alex Blaise Cunanan. Civil interdiction. Jerry Catague. 33. — Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority. Suspension. Zaldy Lu. Question: What are the penalties which can deprive rights? Answer: 1. 34. if for a light felony. Alex Blaise Cunanan. or the right of suffrage. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. 2. Art. There is a restriction on your capacity to act under the civil law. Question: What are the effects of civil interdiction? Answer: Article 34.THE FRATERNAL ORDER OF ST. Perpetual or temporary absolute disqualification. Joji Bernadette Ancog. — The suspension from public office. and shall not exceed thirty days. is he shall have been prosecuted for a grave or less grave felony. Effects of bond to keep the peace. Civil interdiction. Jose Charito Cortez. Art. Iñigo & Atty Teodoro V. 35. either as to the person or property of any ward. the period of duration of the bond. Angel Art. The person suspended from holding public office shall not hold another having similar functions during the period of his suspension. The court shall determine. Ryan Reyes & Marilou dela Cruz 169 . to present two sufficient sureties who shall undertake that such person will not commit the offense sought to be prevented. profession or calling. or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking. — It shall be the duty of any person sentenced to give bond to keep the peace. profession or calling. It is a criminal law issue It is a penalty under the Penal Code although accessory. Jette Roy Sanchez. and the exercise of the right of suffrage shall disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence. 4. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. according to its discretion. of marital authority. 3. Article 30-35 of the RPC tells us the effects of various types of penalties particular!) those where you are deprived of your rights. Effects of the penalties of suspension from any public office. That's why civil interdiction is not a civil law issue. of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos. or guardianship. Should the person sentenced fail to give the bond as required he shall be detained for a period which shall in no case exceed six months. Perpetual or temporary absolute disqualifies. and that in case such offense be committed they will pay the amount determined by the court in the judgment. When a person is sentenced to a certain principal ACADCOM 2004: Antoinette Principe. A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence.it is included. conjugal or absolute. which automatically carries with it certain accessory penalties like suspension. a person is sentenced to prison. What extinguishes criminal liability is Article 36. Somebody must manage it. unless such rights be expressly restored by the terms of the pardon. for example. The sale is defective. practically. Question: How do you distinguish Article 36 from Article 23 which reads. PROBLEM: Suppose. Jose Charito Cortez. Zaldy Lu. this property goes to A. the guardianship is automatically removed. or pardon by the victim. because that is not covered by Article 34. Iñigo & Atty Teodoro V. Suppose. What are the effects or state the effects of civil interdiction. He cannot even manage his own property. the wife. "Effects of pardon by the offended party. " Answer: Article 23 talks of pardon by the offended party. a convict during his civil interdiction prepared a last will and testament where he said After my death. So any convict under civil interdiction validly execute a last will and testament? Yes. while the pardon by the President extinguishes the CRIMINAL but not the civil liability. ACADCOM 2004: Antoinette Principe. Joji Bernadette Ancog. Inter vivos means to take effect during your lifetime. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. A pardon by the offended party does not extinguish criminal action except as provided in Article 344 of this Code. — A pardon shall not work the restoration of the right to hold public office. but civil liability with regard to the interest of the injured party is extinguished by his express waiver. whereas. has the sole power of administration. So. If he is a guardian over anybody or over person or of property. the basic distinction is: Pardon by the offended party extinguishes the CIVIL liability but NOT the criminal liability. or the right of suffrage. Jette Roy Sanchez. although the mother is already gone. Jerry Catague. pardon by the President in relation to Article 89 on the modes of extinguishing criminal liability. disqualification to vote or be voted for. Angel penalty. pardon by the President docs not extinguish civil aspect So. civil interdiction . Art. Alex Blaise Cunanan. 36.THE FRATERNAL ORDER OF ST. How can you answer that if you do not know Article 34. they cannot manage the community of property. its effect. he is under civil interdiction. let's say. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. So. Pardon. And he cannot convey any property inter vivos. You cannot enter into a contract because you cannot convey your property inter vivos. Ryan Reyes & Marilou dela Cruz 170 . Although Article 36 is very clear. For example. you cannot sell your property. Article 36 talks of pardon by the President. You cannot donate. Because the disposition is not inter vivos but mortis causa. he is sentenced to 20 years imprisonment. a father loses parental authority over his children. that property goes to H Is there a valid will and a valid disposition considering (lie fact that he is under civil interdiction'' Will the civil interdiction invalidate the disposition7 No. it is meant that the principal and the accessory penalties are pardoned.” Therefore. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. the accessory follows the principal. how should the pardon be worded? Answer: The pardon should be worded like this'. The fine. Question: What are the pecuniary liabilities of an accused under the law? What are the civil liabilities payable in terms of money? Answer: There are 4. 3. Ryan Reyes & Marilou dela Cruz 171 . Jose Charito Cortez. whether they be fixed or unalterable amounts previously determined by law or regulations in force. — In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities. Indemnification of consequential damages. Question: What happens now to civil interdiction." So with that pardon. From 20 years. after 5 years. Jette Roy Sanchez.. Zaldy Lu. Order of payment. pardoned. Question: Normally. the President pardons him and he is now released So the criminal liability is extinguished. 38. Angel Suppose after 5 years in jail. the principal penalty is pardoned but the accessory penalties remain. Alex Blaise Cunanan. The reparation of the damage caused. "You are hereby pardoned and restored to your full civil and legal rights. But if it is worded: "You are hereby pardoned" The accessory penalties should remain. the same shall be met in the following order: 1. 37. you cannot vote. the disqualification? Are those penalties are deemed removed by the pardon? Does the pardon of the principal carry with it pardon of the accessory penalties? Answer: If we stick to the general rule. Cost. Jerry Catague. That is the rule on Article 36. Joji Bernadette Ancog.. So you cannot run for public office. Art. Reparation } civil in nature Indemnification } civil in nature Fine } payable to the government ACADCOM 2004: Antoinette Principe. 2. the right of suffrage unless suchh rights be expressly restored by the pardon. or amounts not subject to schedule.. Pecuniary liabilities. But not in criminal law because the law says. What are included. pardon of the principal automatically carries with it the pardon of accessory penalties. Iñigo & Atty Teodoro V. you cannot manage your property because you are still under civil interdiction until 20 years shall have lapsed.THE FRATERNAL ORDER OF ST. Art. — Costs shall include fees and indemnities in the course of the judicial proceedings. The cost of the proceedings. 4. "A pardon shall not work the restoration of the right to hold public office. if the pardon by the President is in general terms. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Joji Bernadette Ancog. 2. if the culprit shall have been prosecuted for a grave or less grave felony. The thud priority is fine. the subsidiary imprisonment shall not exceed six months. Jose Charito Cortez. and in no case shall it continue for more than one year. and shall not exceed fifteen days. the last is of course the cost Order: reparation. ACADCOM 2004: Antoinette Principe. shall continue to suffer the same deprivations as those of which the principal penalty consists. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him. Iñigo & Atty Teodoro V. What is the order of payment? Answer: The order of payment is reparation. Jerry Catague. fine and costs So. If the principal penalty imposed be prision correccional or arresto and fine. during the period of time established in the preceding rules. but his subsidiary imprisonment shall not exceed one-third of the term of the sentence. but such penalty is of fixed duration. 4. and no fraction or part of a day shall be counted against the prisoner. indemnification. April 21. the balance for indemnification. If the principal penalty imposed is not to be executed by confinement in a penal institution. Zaldy Lu. You will go to jail without the fine. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. His assets are just sufficient to make one or two. he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos. Angel Cost } payable to the government Question: What happens if a convict is sentenced to make reparation to the offended party offended by him. Question: What will happen? Answer: The law says: If you cannot pay the fine. subsidiary imprisonment. he shall remain under confinement until his fine referred to in the preceding paragraph is satisfied. from the fine in case his financial circumstances should improve. no subsidiary imprisonment shall be imposed upon the culprit. 39. If there is still money left. you will instead undergo what is known as subsidiary penalty in this case. if for a light felony. Jette Roy Sanchez. Ryan Reyes & Marilou dela Cruz 172 . to pay the fine and to pay the costs And the convict does not have the money or assets to satisfy all. When the principal penalty imposed be only a fine. Art. subject to the following rules: 1. Alex Blaise Cunanan. 1969). And. this is one instance where the government will insist that it be paid first i his time the government decides to be generous They are giving priority to the Civil liability rather than to the pecuniary penalties. Subsidiary penalty. Subsidiary penalty applies where a person is sentenced to pay a fine and he cannot pay the fine. 3. When the principal imposed is higher than prision correccional. (As amended by RA 5465. 5. the convict. — If the convict has no property with which to meet the fine mentioned in the paragraph 3 of the nest preceding article. first.THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. one day. OK 00 one day. Article 39 does not apply because the government can compel you to pay by garnishing your bank account or by levying your property.? So 2½ days of subsidiary imprisonment? Not only 2. So if your fine P80. — what is meant by the constitution is contractual debt. and to a line of P80. No person shall be imprisoned for non-payment of debt arising from contract. Alex Blaise Cunanan.no fraction or part of a day shall be counted against the prison. If it is prison correctional or arresto and fine imprisonment plus fine. there is no subsidiary penalty for non payment of the fine. 1.00.00. if there is property. but subject to the following rules. and no fraction or part of a day shall be counted against the prisoner. The law says: “Is a convict has no property with which to make the fine. Suppose the convict is sentenced to pay the fine. Prision correctional or arresto mayor plus fine. 39 apply only to insolvent people.00.00 one day. Angel Question: For how many days? Answer: The ratio is one day for every P100. Your principal ACADCOM 2004: Antoinette Principe. Question: Is this not a violation of the constitutional provision that "No person shall he imprisoned for non-payment of debt?'" Answer: No. like a loan.00 with subsidiary imprisonment in case of insolvency. Zaldy Lu. For example. It is an obligation arising from law or from an act or omission punishable by law. can pay the fine but says: I would rather go to jail than pay the fine Question: Can he do that? Answer: If you look at the law. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. and in no case shall it continue for more than one year. The computation is very simple. Jerry Catague. Question: So. Question: What happens if the convict cannot pay the reparation.THE FRATERNAL ORDER OF ST. For every P8 00. Cara. hut his subsidiary imprisonment shall not exceed one-third of the term of the sentence. the substitute is 10 days in jail. Jose Charito Cortez. he shall remain under the confinement until his fine referred to in the preceding paragraph is satisfied. the fine is P20. There is no mention of reparation. Someone who is so poor or indigent. indemnification and the cost? Is there subsidiary penalty? Answer: The answer is NO. it is not. The fraction of a day is not counted. It is not covered by the constitutional prohibition That is how you compute it. the last clause . what is the implication? Answer: The implication is Art. indemnification or costs. Iñigo & Atty Teodoro V. If the principal penalty imposed be prison correccional or arresto and fine. What about the balance of P400.” Has no property – therefore. He will be forced to pay. Ryan Reyes & Marilou dela Cruz 173 . It is already two P16. Joji Bernadette Ancog. So. "You are herebysentenced to one year prision correccional. That is very clear in paragraph 1. Article 39 is very specific. Jette Roy Sanchez. But a pecuniary of fine is not arising from contract. Another P8. That is the subsidiary penalty. According to the SC in the case of United States vs. Zaldy Lu. the convict cannot pay the fine of P800 how long will the subsidiary imprisonment last? Under paragraph 1. After one year. Iñigo & Atty Teodoro V. in no case should it last longer than 1 year. it can be. Paragraph 2 applies when the penalty imposed by the court is only a FINE. Jerry Catague. Remember. it is always 6 months. P800/day.00. When the principal penalty imposed be only a fine. We will go to an illustration is far as that one. even if the tine is P100.THE FRATERNAL ORDER OF ST. 7 hat is the second limitation: in no case shall the penalty exceed 1/3 of the principal penalty. Ryan Reyes & Marilou dela Cruz 174 . So. you cannot pay. But the maximum subsidiary imprisonment is only 6 months if you are prosecuted tor grave or less grave felony. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Question: How long will subsidiary penalty? Answer: let's count first. In no case shall the subsidiary penalty exceed 1/3 of the principal PROBLEM: The accused is sentenced to 6 years of prison correccional and pay a fine of 3. 1 day is equal to P8. when the penalty is like this.00". the subsidiary imprisonment shall not exceed six months. we "should apply. you cannot be released You still have to stay in jail for 10 days. That is the maximum. " in no case shall the subsidiary penalty exceed 1/3 of the principal penalty". Angel penalty is 1 year and fine of P80. The 10 days is what you calledsubsidiary imprisonment. That's 400 days. This is already 100 days automatically reduced to 60 days.00 "You are hereby sentenced to pay a fine of P100. 2. prison correccional + fine. or arresto mayor + fine. ACADCOM 2004: Antoinette Principe.000. Suppose. even though how much. So. Jette Roy Sanchez. Ifyou cannot pay the fine. However. According to paragraph 1. there is no imprisonment unlike in par 1 where the principal penalty is imprisonment. 1/3 of that is 60 days. Let's find out. That is 60 days. So.200. if for light. P800 = 1 day. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F.100 days —around 3 months and 10 days. So it will be automatically reduced to one year. The same rule: if you cannot pay the fine.00. Does this exceed 2 years? Therefore. It does not exceed 2. The principal penalty is 6 months. Joji Bernadette Ancog. 000. What is 1/3 of the principal penalty? 1/3 is 2 years. if the culprit shall have been prosecuted for a grave or less grave felony and shall not exceed fifteen days. and in no case shall it go beyond 1/3 of the entire penalty. penalty That is the first limitation. The principal penalty is 6 months. Jose Charito Cortez. Alex Blaise Cunanan. PROBLEM: Suppose a person is sentenced to 6 months or arresto mayor and to pay a fine ofP800 with subsidiary imprisonment in case of insolvency. Here we have tine only. 1 year + 10 days. What is 1/3 of that'' 1/3 is 2 months.00 that is his penalty He cannot pay the fine. reclusion temporal. Jose Charito Cortez. 200/8 = 25 days. Meaning the principal penalties does not consist of imprisonment. destierro also. then you are prosecuted for a light felony. Answer: You do not say "subsidiary imprisonment'" because the principal penalty is not imprisonment. But it is a divisible penalty. Joji Bernadette Ancog. Zaldy Lu. In paragraph 1. die subsidiary pcnaity should also be destierro. Angel Or if you are only prosecuted for a light felony. Ryan Reyes & Marilou dela Cruz 175 . that's already higher than prison correccional. It must go down to only 15 days. It is divisible because it has a fixed duration. You are hereby found guilty.00. That is par.00. perpetua. the penalty imposed by the courtis only fine. There is no more imprisonment. You subtract 10. in no case should the subsidiary penalty exceed 15 days. Example: Destierro it has the same duration as prison correccional. So.00.THE FRATERNAL ORDER OF ST. In paragraph 2. 3 If the penalty is 6 years and 1 day. Jette Roy Sanchez. Alex Blaise Cunanan. Iñigo & Atty Teodoro V. So prison mayor. Do not confuse paragraph 1 and 2. That is not par. death There is no more subsidiary penalty for non-payment of the fine. When the principal penalty is not to be executed by confinement. but of a fixed duration. BAR Question: After he was found guilty and sentenced by the court to 6 years and 1 day and to pay a fine of P80. You are herein sentenced to 4 years of destierro and to pay a fine of P80. You cannot pay P200.you do not pay the fine of P80. the maximum is only 15 days. 1. shall continue to suffer the same deprivation as those of which the principal penalty consists. Because if the penalty is only fine. ACADCOM 2004: Antoinette Principe. Jerry Catague.00. the penalty imposed by the court is prison correccional. Wrong. That is already prison mayor Answer: 3. but such penalty is of fixed duration. You cannot be imprisoned but you are exiled. ten days of subsidiary. the subsidiary penalty should be of the same nature as the principal penalty. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. If the principal penalty imposed is not to be executed by confinement in a penal institution. pay a fine of P200. There is no subsidiary penalty if the principal penalty is higher than prison correccional. There is no more subsidiary penalty if the principal penalty is higher than prison correctional 4. So. only the fine. Suppose. If the principal penalty is destierro.00. There is no more subsidiary penalty. or arresto + fine. flow long is the subsidiary penalty7 10 days And 10 days does not exceed 1/3 of the principal penalty.00. the convict during the period of time established m the preceding rules. it is the penalty. That is Rule # 3. Question: What will happen to you? You have to undergo subsidiary penalty: 1 day for every P8. Alex Blaise Cunanan. Jette Roy Sanchez. Then I'm released after serving my sentence plus the subsidiary imprisonment. Question: If it is not an accessory penalty. You will keep on returning to the judge to be sermonized at. If you cannot pay the fine of P80. penalty. if your financial condition will improve in the future. the law is silent. it en all the possible penalties. Suppose. Although. Divisible. Joji Bernadette Ancog. I undergo subsidiary penalty fine of P4. I have already paid it through my subsidiary imprisonment! What paid? You pay again! Question: Why? Answer: Because service of the subsidiary penalty will not relieve you from the payment of the fine. Answer: Public censure. you cannot say: two days of subsidiary penalty of 2 days of public censure. but no imprisonment. fine of P80. I here is no mention of subsidiary penalty. Angel Another Example You arc sentenced to a penalty of suspension. as poor as a rat. The subsidiary personal liability winch the convict may have suffered by reason of his insolvency shall not relieve him from the fine in case his financial circumstances should improve. no more. Iñigo & Atty Teodoro V.00. I'm insolvent. CONCLUSION: it is not an accessory. It is an obligation arising from law and the prescriptive period is 10 years. In no case subsidiary destierro exceeds 1/3 of the principal penalty. Question: Suppose the principal penalty is not to be executed in confinement.00. Zaldy Lu. Jerry Catague. i have much money now. but it has no fixed duration." You say "No more. But in the first 10 years. It is the only example you can think of. 25 of the Penal Code. Jose Charito Cortez. 5. Question: is the subsidiary imprisonment an accessory penalty ' Is it an accessory penalty. you can be compelled to pay and you cannot use the subsidiary imprisonment as a reason for not paying. it is only a light penalty where the judge will give you severe censure it will be a blot on your record For Example public censure + fine of P20. I am asked to pay a fine of so much. There is also 6 months to 6 years.000.'' Answer: If you look at Art. So. Will paragraph 4 apply? Answer: Of course.THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Suspension is under Art 25. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Afterward'. You cannot pay. So.00. what is the implication? ACADCOM 2004: Antoinette Principe. pay your fine. four years of suspension. not Question: Give an example of a penalty not to be executed by confinement but it has no fixed duration. So.00. The government will say "alright. I’m imprisoned. The subsidiary penalty should be of the same nature as the principal penalty. I win in the lotto. The government has only 10 years to collect the fine. I have nothing to pay. Do not always say " subsidiary imprisonment" But you follow the rule in paragraph 4. Ryan Reyes & Marilou dela Cruz 176 . If your financial condition improves after 10 years. you have to undergo 10 days of subsidiary suspension. So. Only 10 years. what are the accessory penalties? Suppose. what happens if you arc ordered to pay a fine and you cannot pay the fine. in what instances will there be no subsidiary penalty'' When is subsidiary penalty not be served? In what instances will there be no subsidiary penalty for an accused person? Answer:  Then is no subsidiary penalty for non-payment of fine.THE FRATERNAL ORDER OF ST. because the rule is that it must be mentioned. it must be understood that the accessory penalties are also imposed upon the convict.  There is no subsidiary penalty if the court did not mention it expressly in the judgment of conviction. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. What are those deemed imposed? How do I look for the accessory penalties? Answer: Arts. 45 of this Code. but there is nothing in the decision which mentions it. RPC. I know there are accessory penalties. I am sentenced to 12 years of prision mayor. whenever a principal penalty is imposed. So. Presumption in regard to the imposition of accessory penalty. Article 25 says that you cannot undergo subsidiary penalty. Ryan Reyes & Marilou dela Cruz 177 . 40 to 44. otherwise the convict cannot be compelled to serve the subsidiary penalty. 43. And therefore.  There is no subsidiary penalty if the principal penalty is not to be executed by confinement if it has no fixed duration. Question: Under the law. because it is not an accessory penalty Question: Slow should the decision be worded? Answer: You are hereby sentenced to pay a fine of P 100. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. by provision of law. Jerry Catague. Zaldy Lu. these are the accessory penalties attached to it. there is no subsidiary penalty for non-payment of reparation. I am sentenced to 15 years reclusion temporal. 42. These provisions will tell you that if this is the principal penalty. Jose Charito Cortez. Question: But how will I know what are the accessory penalties? Suppose. ACADCOM 2004: Antoinette Principe. the accessory penalty is deemed imposed even if not mentioned in the judgment of conviction. Alex Blaise Cunanan. ARTICLE 73. like public censure. 41. In the same vein.00 with subsidiary imprisonment in ease of insolvency. So. But what are they? What are accessory penalties? Suppose. Whenever the courts shall impose a penalty which. Angel Answer: It is not deemed imposed with the principal penalty. indemnification and costs  There is no subsidiary penalty if the principal penalty is higher than prison correccional. Iñigo & Atty Teodoro V. the penalty is deemed imposed with the principal even if the judge did not mention it. Joji Bernadette Ancog. it must be expressly mentioned in the decision. 44.000. carried with it other penalties. according to the provisions of Articles 40. I am sentenced to 6 months of prison correccional. Question: How do you define accessory penalty? Answer: It is penalty deemed imposed with the principal penalty. Jette Roy Sanchez. Meaning. when it is not executed by reason of commutation or pardon shall carry with it that of perpetual absolute disqualification and that of civil interdiction during thirty years following the date sentence. unless such accessory penalties have been expressly remitted in the pardon. Death. Jette Roy Sanchez. Question: What is the most famous accessory penalty? Answer: Civil interdiction. 43. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. 42. 44. 41. unless the same shall have been expressly remitted in the pardon. Iñigo & Atty Teodoro V.THE FRATERNAL ORDER OF ST. Joji Bernadette Ancog. Zaldy Lu. shall carry with it that of temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage which the offender shall suffer although pardoned as to the principal penalty. — The penalty of prision mayor. Jose Charito Cortez. unless the same shall have been expressly remitted in the pardon. 40. from the right to follow a profession or calling. Prision correccional. Arresto. Its accessory penalties. and that of perpetual absolute disqualification which the offender shall suffer even though pardoned as to the principal penalty. Ryan Reyes & Marilou dela Cruz 178 . if the duration of said imprisonment shall exceed eighteen months. — The penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life or during the period of the sentence as the case may be. Their accessory penalties. — The death penalty. ACADCOM 2004: Antoinette Principe. — The penalty of arresto shall carry with it that of suspension of the right too hold office and the right of suffrage during the term of the sentence. unless the same shall have been expressly remitted in the pardon. Art. Jerry Catague. Art. Prision mayor. — The penalty of prision correccional shall carry with it that of suspension from public office. The offender shall suffer the disqualification provided in the article although pardoned as to the principal penalty. Its accessory penalties. Angel Section Three Penalties in which other accessory penalties are inherent Art. and that of perpetual special disqualification from the right of suffrage. Art. Its accessory penalties. Art. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Its accessory penalties. Reclusion perpetua and reclusion temporal. Alex Blaise Cunanan. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. flow long will the civil interdiction last? Answer: Under Article 41. Iñigo & Atty Teodoro V. Ryan Reyes & Marilou dela Cruz 179 . And then it was commuted -when the SC decides on lowering it. they will be under civil interdiction. you are sentenced to reclusion temporal flow long is the civil interdiction? Answer: Under Art. the civil interdiction is ACADCOM 2004: Antoinette Principe. civil interdiction is the accessory penalty to what principal penalties? Answer: You can answer that only when you go to Articles 40-44. and you are scheduled to die between now and next month. There is no civil interdiction. The law is very clear. Question: Suppose. it says there. You arc not sentenced to death. Technically. So. you are under civil interdiction. technically. Answer: Technically. you can exercise parental authority. Jette Roy Sanchez. In other words. So. and it was commuted to perpetua. civil interdiction for life Under Article 40. the principal penalties which carry with them the accessory penalty of civil interdiction are:    Death Reclusion perpetua Reclusion temporal Question: Does death penalty carry with it civil interdiction? Answer: Yes. there is no commutation. if you are sentenced to death. civil interdiction will also be 20 years. Unless it will be commuted. or if the President decides to commute it to reclusion perpetua. 41. you have no accessory penalty When the President says: "You are hereby sentenced to reclusion perpetua" from that moment. Question: For how long'? Answer: The law says for the next 10 years. you are still going to be executed. NONE. that happened in 1987 when the New Constitution took effect doing away with the death penalty -. that if will last lot the rest of your life forever' Civil interdiction for life. when it says 20 years of reclusion temporal. Question: Is there civil interdict. you are not under civil interdiction. Alex Blaise Cunanan. the civil interdiction is only good for 30 years Hut if you are sentenced to reclusion perpeiua.what happened to these people who are sentenced to death? There is a constitutional commutation So. Angel Question: What are the principal penalties which carry wish them the accessory penalty of civil interdiction. Question: Suppose you are sentenced to perpetua. Zaldy Lu. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. I doubt how will you do it because you are already inside the jail But under the law. automatically. Jose Charito Cortez. PROBLEM: Suppose. Jerry Catague. Neither the President nor the SC has reduced the penalty. you are sentenced to die. you are sentenced to death. So. So. during the period of the sentence refers to temporal or perpetua.THE FRATERNAL ORDER OF ST. you can manage it. So. Or. Joji Bernadette Ancog. it is of the same duration as the principal penalty. you can donate your property. you cannot confiscate the instrument used in the commission of the crime ACADCOM 2004: Antoinette Principe. When you are found guilty. dice. But. bolo. Jose Charito Cortez. In a homicide or murder case. Alex Blaise Cunanan. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. knife. but those articles which are not subject of lawful commerce shall be destroyed. the weapon recovered and used as evidence. Like. — Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the crime and the instruments or tools with which it was committed.THE FRATERNAL ORDER OF ST. Zaldy Lu. In illegal gambling. Joji Bernadette Ancog. in rape. the gun. This is an awkward provision in the Revised Penal Code. Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government. the cards. the instrument or tools used in the commission of the crime will be confiscated or forfeited in favor of the State. 45. they are ail confiscated b\ the order of the court. The shabu will not be returned to the pusher. civil interdiction is for the rest of your life. This is also applied in special laws like illegal possession of firearms or drug pushing. Confiscation and forfeiture of the proceeds or instruments of the crime. Iñigo & Atty Teodoro V. Art. for example. of course. Jette Roy Sanchez. but if sentenced to perpetua. Angel for the rest of your life. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. chips. unless they be property of a third person not liable for the offense. you cannot apply that to certain crimes. will be confiscated. There must be something wrong with the law. CONCLUSION: It is better to be sentenced to death commuted to perpetua because the civil interdiction is only for 30 years. Jerry Catague. Ryan Reyes & Marilou dela Cruz 180 . THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel Chapter Four Application of Penalties Section One Rules for the application of penalties to the persons criminally liable and for the graduation of the same. Article 46. Penalty to be imposed upon principals in general. The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony. Whenever the law prescribes a penalty for a felony in general terms, it shall be understood as applicable to the consummated felony. Article 47. In what cases the death shall not be imposed; Automatic Review of Death Penalty Cases. The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except when the guilty person is below eighteen (18) years of age at the time of the commission of the crime or is more that seventy years of age or when upon appeal or automatic review of the case by the Supreme Court, the required majority vote is not obtained for the imposition of the death penalty, in which the penalty shall be reclusion perpetua. In all cases where the penalty is imposed by the trial court, the records shall be forwarded to the Supreme Court for automatic review and judgment by the court en banc, within twenty (20) days but not earlier than (15) days after promulgation of the judgment or notice of denial of any motion for new trial or reconsideration. The transcript shall also be forwarded within ten (10) days after the filing thereof by the stenographic reporter. Now, Article 47 was amended by the Heinous Crimes Law. In what instances will the death penalty be NOT imposed? There are three (3) instances here. Take note that the law says: The death penalty shall be imposed in all cases in which it must be imposed under existing laws. The personal belief of the judge is irrelevant. He must follow the law. The following are the instances when death penalty will not be imposed: 1. When the guilty person is below 18 years of age at the time of the commission of the crime ( there is an automatic lowering of the penalty by 1 degree); 2. When the convict is more than 70 years of age; ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 181 THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel When upon appeal or automatic review of the case by the Supreme Court the required majority vote is not obtained for the imposition of the death penalty. Question: When is the constitutional proscription against the imposition of the death penalty dated? Give the legal basis of your answer. Answer: The Heinous Crime Law took effect after 15 days following its publication in at least 2 newspapers of general circulation. It was published on December 16, 1994. So, with that the effectivity is December 31, 1994. 3. Question: When is death penalty commuted under the same Code? Answer: This…Article 47. Article 48. Penalty for complex crime. When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means of committing the other, the penalty for the most serious crime shall be imposed, the same be applied in its maximum period. First of all, we will deal with the concept of plurality of crimes. It means to say that the person performed a series of criminal acts - one after the other. You commit 2 or more crimes. One after the other. There are supposed to be two types of plurality of crimes. The 1 st case is material or real plurality, as distinguished from formal or ideal plurality of crimes. 1. Material or plurality means that the person performs 2 or more criminal acts after the other and he is liable for every criminal act that he commits because every crime is motivated by a separate criminal intent from the other. A perfect example is when someone runs amok. He started shooting people, even those he doesn't know. He killed so many. He killed the persons one after the other. If he killed 30 people, he will be guilty of 30 counts of homicide. The criminal intent to kill victim #1 is different from the criminal intent to kill victim #2. There are 30 criminal acts. There should also be 30 separate information. Although from the viewpoint of criminal procedure, in order to expedite the proceedings, they can be consolidated. If he is found guilty, there will 30 convictions and 30 penalties. 2. Formal or real plurality means that a person commits 2 or more criminal acts, there will be 2 or more victims or offended parties, but in the eyes of the law, only one crime was committed. Question: When will that happen? Answer: They are: 1. When you commit a complex crime, as defined in Article 48; 2. When the offender commits a special complex or composite crime; or 3. When the accused is found to have committed a continuous crime or delito continuado. ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 182 THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel Question: What is a Complex crime? Answer: There is a complex crime when a single act constitutes 2 or more grave or less grave felonies, or when the offense is a necessary means of committing the other. So, there are 2 types of complex crimes: 1. 2. When a single act constitutes 2 or more grave or less grave felonies, which is also called Compound Crime or Delito Compuesto; When an offense is committed as a necessary means to commit the other which is called complex crime proper or delito complejo. Compound Crime or Delito Compuesto A person throws a hand grenade to the ground an in so doing he killed 10 people and almost killing 5 bystanders. Are there 10 crimes of multiple murder with multiple frustrated murder? NO, there is only one complex crime of multiple murder with multiple frustrated murder. There is only one act of throwing the hand grenade, although as a result of that act, several grave or less grave felonies result. Example: When you aim your gun towards other persons. You fired it. The bullet killed 2 people. There is only one act. Did you commit 2 crimes of homicides? NO. You commit the crime of double homicide. Another example. Aberratio Ictus. The accused, with intent to kill A and aiming his gun towards A fired it but because of poor aim, he did not hit A but instead hit and killed B. Question: Is the accused liable for the death of B who was not even intended the victim? Answer: YES because of aberratio ictus. Question: If you are a fiscal, with what crime will you prosecute the offender? Answer: Complex crime of homicide with attempted murder. It is a complex crime because the mere fact of firing at A is a felony, although attempted. On the other hand, he committed homicide because he killed B. The crime is complex under Article 48 because the crime of homicide and attempted murder came from a single act, one grave and the other is less grave. Now, take note that under the law, in order for the complex crime to exist, a single act must constitute grave or less grave felonies or 2 less grave felonies or 2 grave felonies. So, under Article 48, two grave felonies can be complexed with each other. Two less grave felonies can be complexed with each other and grave and less grave can be complexed with each other. Question: How about light felonies? ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 183 THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel Answer: There is no mention. Therefore, a light felony can be complexed wit a grave or less grave felony. A light felony cannot be complexed with another light felony. There is no such thing as a complex crime of multiple slight physical injuries. Light felonies are not covered under Article 48. Question: What happens if a single act produces a grave or less grave and a light felony? Answer: There are two possibilities: 1. The light felony will be absorbed by the grave or less grave. For example. A policeman was engaged in the discharged of his duties. I approached him and hit him in the face with my fist. It caused him slight physical injuries that he sustained when I hit him? It is absorbed by the element of attacking or employing force. You cannot say that the crime is direct assault with slight physical injuries. 2. There are as many light felonies s there are victims. They are treated as different crimes. You cannot complex them. They are to be prosecuted severally. For example, I throw a stone at A, it hit him; but the same stone hit B. You cannot say that the crime of slight physical injury committed against A absorbed the injury of B. He cannot be prosecuted for double slight physical injuries because Article 48 does not apply to light felonies. Conclusion: There are two separate felonies of light physical injuries. PEOPLE vs. BUAN 22 SCRA 183 Facts: A driver while driving his vehicle recklessly bumped another vehicle causing the death of A serious injury to B and slight physical injury to C. So, a single act of bumping produced the death of A, serious injury to B and slight physical injury to C. The fiscal, applying Article 48, filed two informations. He filed one information for homicide and serious physical injuries through reckless imprudence against the accused. However, earlier he files one information for slight physical injuries. He files an information under the old Civil Code for slight physical injuries through reckless imprudence, insofar as the light felony is concerned. The accused, upon arraignment, pleaded guilty and was sentenced to pay a fine. In the meantime, the preliminary investigation of the case continued with respect to the other two. After that, the fiscal filed a second information in the RTC for homicide and serious physical injuries through reckless imprudence. The accused moved to quash the second information, pleading double jeopardy. But, according to the prosecution, there is no double jeopardy because that crime is not the same as this crime. The crime is slight physical injuries committed against A and B. These crimes cannot be complexed. Held: There is double jeopardy. He is being charged for the same offense. There should be only one information for homicide serious and slight physical injuries. That should only be one. So, you cannot separate the three. ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 184 THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Angel The error of the prosecution is in believing that when, for example, with one negligent act, you hit 2 people - killing one and causing slight physical injuries to another, the impression is that there are 2 crimes. Homicide and slight physical injuries. But actually, there is only one crime. That is the crime of committing an imprudent act. The crime is reckless imprudence. How about the homicide? How about the physical injuries? Those are only effects of the imprudent act, which is determinative of the penalty and civil liability. Article 48 applies when a single act results to two or more grave or less grave felonies. But here, you cannot consider the homicide, the injury, as separate. Article 48 does not apply to culpable felonies. But, there is only a single act, which produces one felony. Why? Homicide is a felony. A serious physical injury is a felony. The felony is not the homicide or physical injuries. It is the reckless imprudence. When you commit an imprudent act, the felony is the imprudent act. The imprudence and reckless imprudence are the felonies. Homicide, serious or slight physical injuries, is only to determine what is the penalty. The felony is not the homicide or the physical injuries. The felony is the imprudent act because according to Article 3, a felony is an act or omission punishable by law. The homicide and the physical injury will only determine the penalty. The error, said the SC, is because of the title given by fiscal to the information - Homicide through Reckless Imprudence. It creates the impression that the homicide is the crime. But actually, that is not the crime but only the effect of the felony. VERANO vs. CA 115 SCRA 82 This reiterates the ruling in the Buan case. What is the felony? It is the imprudent act. LONTOK vs. GORGONIO 89SCRA632 Facts: The felony is the homicide, the physical injuries. The imprudent act is only the manner of committing the felony because, according to Article 3, a felony is committed either by dolo or culpa. The culpa is not the felony, but only the manner. If you follow this case then, if the felony is the injury, you cannot complex. There must be two; otherwise, there is double jeopardy, because one crime is different from the other. REODICA vs. CA 292SCRA887 A reiteration of the Lontok Case. ACADCOM 2004: Antoinette Principe, Alex Blaise Cunanan, Joji Bernadette Ancog, Jerry Catague, Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza, Jette Roy Sanchez, Jose Charito Cortez, Zaldy Lu, Ryan Reyes & Marilou dela Cruz 185 Iñigo & Atty Teodoro V. Jose Charito Cortez. The SC said that the crime is forcible abduction with rape. It is only the first step to commit another. When there is no ransom paid. The kidnapping was used as means to effect the killing. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Angel Complex crime proper or delito complejo There are two acts.  Forcible Abduction with Rape When the offender. It is not a single act. it is doubtful whether the crime is called kidnapping with murder under Article 48. Joji Bernadette Ancog. or it is called Special Complex Crime of Kidnapping with Murder. with lewd designs abducted a woman and drove her somewhere and through force and intimidation. One is the means to commit the other. ACADCOM 2004: Antoinette Principe. Jette Roy Sanchez. You commit the felonies one after the other. Because of this amendment. The forcible abduction preceded the rape.THE FRATERNAL ORDER OF ST. Ryan Reyes & Marilou dela Cruz 186 . Zaldy Lu. ILLUSTRATION -----------Compound Crimes Complex Crimes (Art 48) Formal or ideal Crimes---------Special Complex Crime (Composite Crime) delito complejo delito complejo ----------Continuous Crime delito continuado Question: What are the good examples of these? Answer:  Estafa through Falsification of Commercial Documents I will falsify the check by counterfeiting the signature of the lawyer and encash the check. you kill the hostage.estafa. the falsification was the crime committed as a necessary means to defraud the bank . You commit this not because that is your intention. But the first felony is not the ultimate object. Jerry Catague. Question: What is the crime committed? Answer: The crime committed is the crime of Kidnapping with Murder. Alex Blaise Cunanan. It is only the stepping stone to commit another offense. But this example is doubtful because of the amendment of Article 267. So. or the crime of Kidnapping Qualified with murder. It is very common. had carnal knowledge with her.  Malversation through Falsification of Public Document  Kidnapping with Murder You kidnap somebody and demand ransom. you cannot commit the second.THE FRATERNAL ORDER OF ST. Answer: Actually. it is absorbed. When you commit rebellion. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Question: What do you mean by that? Answer: In the case of People Vs Abidosa. And once inside. The law also does not say that one offense is a direct means to commit the second. not a direct means . It was the direct means effected to kill the victim. it is not indispensable. the crime there is murder aggravated by unlawful entry. it means that without it. the killing and the destruction are not only accessory but also indispensable. Question: How about the first crime? Answer: If it is indispensable. So. Alex Blaise Cunanan. What he did was to forcibly enter the house of the victim. They are absorbed in the felony of Rebellion. A good example of this is the so-called Absorption Doctrine or Doctrine of Absorption in the crime of rebellion. where the accused decided to kill the victim. Without it. Jette Roy Sanchez. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. The primary intent was to kill. So. Jerry Catague. HERNANDEZ Issue: When rebellion is committed and in the course of rebellion. the first offense is necessary to commit the second but the first is not indispensable to commit the second. The common crime is absorbed because you cannot convict a person of rebellion without killing. Zaldy Lu. That is why there is no such thing as complex crime of Rebellion with Homicide or Murder because it does not fall under Article 48. but only the aggravating circumstance. The second crime is the crime because the second crime committed is the real crime. So. can they be guilty of the complex crime of Rebellion with murder or physical injuries with homicide? Held: NO. The first offense will be the element of the second. Question: What happens if the first offense is indispensable to commit the second? Is there a complex crime? Answer: There is none. Ryan Reyes & Marilou dela Cruz 187 . Jose Charito Cortez. When you say "indispensable". Iñigo & Atty Teodoro V. Angel But take note. Joji Bernadette Ancog. they injured people. then it is only an element of the second crime. the second will not be committed. they burned and destroyed property. PEOPLE vs. trespass to dwelling was not the primary intent. ACADCOM 2004: Antoinette Principe. The law does not say one offense is committed as an indispensable means to commit another.necessary but not direct. The trespass was only incidental. one offense is committed as a necessary means to commit the other. The forcible entry is not trespass to dwelling. he killed the person. So. not to conceal. the rebels killed people. necessarily people will die. he killed the victim Question: Is the crime murder? Or trespass to dwelling? Because he had to enter the house first by forcing himself in and once inside. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. there should only be one crime. Assuming. So. there is no such thing as a complex crime. If the penalty for the crime of estafa is higher. there are two types of complex crime. Well. Instead of putting a bond 3 times. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. there is no Article 48. under the crime in the RPC and a crime under a special law. the penalty for the homicide is higher that the attempted homicide.THE FRATERNAL ORDER OF ST. So. Example: A single act produces death of 3 people . You killed three people. Joji Bernadette Ancog. it will still turn out to be higher than the penalty in the maximum. But there are also instances where the penalty for falsification is higher. On the other hand. There is only one penalty because if there was only one crime. they are just the same but three homicides. Alex Blaise Cunanan. The penalty is still for his advantage. Of course. the ordinary and the special complex crime. ACADCOM 2004: Antoinette Principe. Article 48 applies only to felonies. Jette Roy Sanchez. Angel Question: What is the penalty for complex crime? Answer: The penalty of the complex crime is to be based on the most serious crime. Question: How about estafa through falsification of public document? Answer: Actually. there will only be one. For example. We will maximize it: 20 years . Question: What is the penalty for homicide? Answer: The penalty is reclusion temporal. the same to be imposed in its maximum period. there will naturally be reclusion temporal. but it should be imposed in its maximum period. Zaldy Lu. person commits the complex crime of homicide and attempted homicide. It is intended to benefit the accused. The same provision. when the penalty for the falsification is higher. So. Jerry Catague. there is only one crime charged. Question: How about the penalty for attempted homicide? Answer: No more. then it will be the one to be imposed in its maximum period. it depends. The penalty for homicide is reclusion temporal. it is a matter of looking at the two penalties. there should only one penalty.one penalty only. Question: Is Article 48 beneficial to the accused? Answer: YES. Also. Iñigo & Atty Teodoro V. You cannot complex the felony with the crime punishable by a special law. And even if they will give you the minimum of 12 years and 1 day. the higher the offense. Ryan Reyes & Marilou dela Cruz 188 . then it should be the one to be applied in its maximum. Special Complex Crimes The second type of ideal is the so-called special complex crime.multiple homicide. In the first place. depending on the amount involved in the estafa. Jose Charito Cortez. instead that he should be charged 3 times. There are instances when the penalty for estafa is higher than falsification. THE FRATERNAL ORDER OF ST. we call a party and each of us contributed P100. Question: How many crimes of estafa did I commit? Answer: There is only one crime. When. And you can rob without killing. You cannot say that there is a single act. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. You cannot even say that one is necessary to commit the other. and it is followed by a series of acts. Taking his property and killing him are 2 acts. When two or more crimes are complexes under Article 48. which consists of a series of acts but all coming or emanating from one criminal resolution. But it turned out that there are also two owners. there seems to be something wrong. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. DE LEON Facts: The suspect stole two roosters. after taking his money. the crime of homicide shall have been committed. It is supposed to be a crime. Ryan Reyes & Marilou dela Cruz 189 . by reason or on the occasion of robbery. You raped a girl and after raping her. Another example of special complex crime is Article 335: Rape with Homicide. Robbery with Homicide is a special complex crime. I killed him. But just the same you cannot do anything because Article 294 says so. ACADCOM 2004: Antoinette Principe. I robbed somebody. Question: Can you kill without robbing? Answer: YES. There is only one criminal resolution. Iñigo & Atty Teodoro V. Jose Charito Cortez. Zaldy Lu.00 totaling P5. Joji Bernadette Ancog. There is only one intent to defraud. He does not divide his mind into stealing from the two owners. PEOPLE vs. there are two acts of taking.a special complex crime. you can kill without robbing. Special complex crime is a crime under the RPC declared as complex without applying the Article 48. Example: I am the class treasurer. Angel Ordinary complex crime is governed by Article 48. Then I will run with the money. One crime of theft involving two roosters because there is a single intent to steal. So. you killed her. Alex Blaise Cunanan. 000. Example: The special complex crime of Robbery with Homicide under Article 294 of the RPC. If you apply Article 48. Issue: How many crimes of theft? Held: There is only one crime of theft. I do not divide my mind 50 times. Jerry Catague. Then. that is what is called the ordinary complex crime. Jette Roy Sanchez. Continuous Crime The third type of formal or ideal plurality is the concept of continuous crime or the so-called DELITO CONTINUADO. He even does not know that there are two owners of the cocks. That is rape with homicide . It is very clear that there are two acts. the prosecution sought to change the charges by filing 32 amended information since 32 aliens were benefited. Delito continuado is also recognized in American jurisprudence. Capaoan has only P1. has been applied to crimes penalized under a special law. When the case reached the Supreme Court. It turned out that the person who signed the contract was not the real Balderas. as shown by several theories. however. as the determining factor is the unity or the multiplicity of the criminal intent of the transactions. 500 at the time. was set on both by a single intent or impulse to defraud Capaoan of the total of P3. In one case. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. According to Mallare. the latter referred Mallare to his motherin-law. although that principle developed from the old Penal Code. An American court ACADCOM 2004: Antoinette Principe. Angel PEOPLE vs. allegedly by favoring aliens to benefit the Alien Legalization Program. charging only one crime. A comparison of the two cases will tell us that they refer to a series of acts amounting to what is now as continuing offense. The question of whether a series of criminal acts over a period of time raises a single offense or separate offense has also troubled American courts. the second victim. The Court said that the concept of delito continuado. GARCHITORENA 228SCRA214 Facts: Miriam Defensor-Santiago was charged criminally for the violation of the Anti-Graft and Corrupt Practices Acts. will not convert the crime into separate offenses. MALLARE 168SCRA422 Facts: Consuelo Mallare offered to mortgage to Remedio Capaoan two lots allegedly owned by Leonora Balderas for the sum of P3. Jose Charito Cortez. That there were two victims. although a product of the Spanish Penal Code. Issue: How many offenses are there? Held: There is double jeopardy. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. So. So. The American court. 000. A single crime consisting of a series of acts but all arising from a criminal resolution. two mortgage contracts were made. Therefore. Actually. Julia Saclolo. Ryan Reyes & Marilou dela Cruz 190 . one was in favor of Capaoan and the other was in favor of Saclolo. he moved to quash the second charge pleading double jeopardy. although a series of acts.THE FRATERNAL ORDER OF ST. following the Single Larceny Doctrine. SANTIAGO vs. However. It is a continuous unlawful act or series of acts set is a single impulse. while the other was Saclolo. There is only one deceit that is committed by Mallare on the two victims. it may be applied in a supplementary capacity to crimes punished by special laws. unless the latter provide the contrary. the victim was Capaoan. the original victim was Capaoan. Joji Bernadette Ancog. Jette Roy Sanchez. looks at the different criminal acts as one continuing act involving the same transaction or as done in the same occasion. it directed the prosecution to consolidate the 32 informations into one information. that is the basis. Saclolo had been dragged into the swindle by reason of Capaoan having only P1. Later. Under Article 10 of the Penal Code. there is only one crime committed. Although there are series of acts. Because by mere betrayal of faith. the code is supplementary to special laws. The crime of Mallare. these two lots were owned by Balderas and that Mallare is authorized to mortgage. Two cases of falsification of public document were filed against Mallare. 500. to put up the remaining P1. 000. So. Mallare pleaded guilty to one charge. Jerry Catague. Issue: Is delito continuado applicable to special laws? Held: YES. Iñigo & Atty Teodoro V. Zaldy Lu. 500. Alex Blaise Cunanan. Jette Roy Sanchez. nothing is left. Jose Charito Cortez. Jerry Catague. In delito continuado. carried only one signature. That is why in order to avoid the ACADCOM 2004: Antoinette Principe. covering the 32 aliens. Delito continuado is not governed by Article 48. That is also called continuing crime. albeit there is complex crime and a special complex crime. That is not continuado. I am the cashier of a corporation. And after one week. However. it is the same. Article 48 does not apply.THE FRATERNAL ORDER OF ST. Zaldy Lu. Alex Blaise Cunanan. The intent to defraud today is different from the intent to defraud next week. In complex crime. or where any one of its essential ingredients took place. there is a single act. for example. Iñigo & Atty Teodoro V. which produces two or more grave or less grave felonies. The place where the crime started. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. The strong probability even exists that the approval of the application for the legalization of the stay of the 32 aliens was done by a single stroke of the pen as when the approval was embodied in the same document. the accused may be sentenced for the penalty for rest of his life. They cannot be the same. Joji Bernadette Ancog. it is a different kind of continuing crime. However. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Question: Are delito continuado and complex crime the same? Answer: NO. One offense is not necessary to commit the other. You are kidnapped in Davao and then brought to Cotabato. Delito continuado is not governed by Article 48. The issue there is where the case is to be prosecuted." For example.and the crime may be filed in the place where the crime was committed. I ran away with the money. 1988. Delito continuado is in Spanish. Today. It means a series of acts emanating from one criminal resolution. Ryan Reyes & Marilou dela Cruz 191 . the offender performs a series of acts. The Supreme Court said that the 32 amended informations aver the offenses were committed on the same period of time that is. you do not say that we will maximize the penalty. That "when the ingredients of the crime took place in two or more places . What results is a real plurality. or where it continued. Question: Where should the case be filed? Answer: Either of the two places. Another court observed that the doctrine of a Single Larceny rules that since a separate charge could be filed for each act. there is another continuing crime under Criminal Procedure. The issue in delito continuado is how many crimes are committed. on or about October 17. They have the same concept in the eyes of the law. So. Question: Differentiate delito continuado from a continuing crime? Answer: There is no difference. I will spend again the money. So. Angel held that a contrary rule would violate the conditional guaranty against putting a man in jeopardy twice of the same offense. One week from now. kidnapping. There are as many crimes as there are as many left. One document. ARTICLE 49. Jerry Catague. 2. the issue is to determine how many crimes are committed. because that is the only provision in the Revised Penal Code which uses those phrases "felony committed" and "felony intended". Alex Blaise Cunanan. since the law speaks of felony committed and felony intended. If the penalty prescribed for the felony committed be lowered than that corresponding to the one which the accused intended to commit. if what is meant by continuing crime is a transitory crime under the rule in Criminal Procedure. then obviously it refers to Article 4(1). Question: What is the penalty for the felony committed if it is different from the felony intended? Answer: According to Article 49. the question refers to that provision. then the penalty should be based on the felony intended but it has to be in its maximum period. Angel confusion. However. Under Article 4(1). And in order to confuse it with Criminal Procedure. or as delito continuado. Jose Charito Cortez. In cases in which the felony committed is different from that which the offender intended to commit. if the penalty for the felony committed turns out to be lower than the penalty for the felony intended. And there are three situations contemplated here: ACADCOM 2004: Antoinette Principe. and whether there are two or more penalties. Zaldy Lu. the same to be imposed in its maximum period. However. if the penalty for felony committed is higher than the felony intended. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. So. a person incurs criminal liability if he commits a felony although the wrongful act done is different from that which he intended. in Criminal Procedure the term is rather called TRANSITORY CRIME. Joji Bernadette Ancog. Because continuing crime could mean a crime committed where the essential ingredients took place in more than one place. to properly answer the proceeding Question: Initially. Iñigo & Atty Teodoro V. the following rules shall be observed: 1. Jette Roy Sanchez. then the penalty should be based on the felony committed. then this is the difference. One is in Spanish. you should say that they are the same.THE FRATERNAL ORDER OF ST. the penalty for the former shall be imposed in its maximum period. the penalty corresponding to the latter shall be imposed in its maximum period. Ryan Reyes & Marilou dela Cruz 192 . If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to commit. Penalty to be imposed upon the principals when the crime committed is different from that intended. whereas in transitory crime. in which case the penalty provided for the attempted or the frustrated crime shall be imposed in its maximum period. you should. On the other hand. In other words. if the law prescribes a higher penalty for either of the latter offenses. the issue here is to determine in what court should the person be prosecuted. In delito continuado. and the other is in English. The rule established by the next preceding paragraph shall not be applicable if the acts committed by the guilty person shall also constitute an attempt or frustration of another crime. where the elements occur in two or more different places. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. the issue here is there is only one criminal impulse resulting in two or more acts. Aberratio Ictus The accused. So. fired his gun towards A but because of his poor aim. Jerry Catague. which should be maximized. which should be maximized. Zaldy Lu. Under Article 48.result exceeded the intention aberratio ictus .mistake of blow error in personae . it will arrive at an absurd conclusion by applying Article 49. where the impossible penalty is based on the lower penalty. only to be imposed in its maximum period. Article49 does NOT apply to praeter intentionem. ACADCOM 2004: Antoinette Principe. Iñigo & Atty Teodoro V. CRIMINAL LAW 1 – Dean Hildegardo F. Angel praeter intentionem . he did not hit A. Ryan Reyes & Marilou dela Cruz 193 .mistake of identity Praeter intentionem The accused intended only to commit a crime of slight physical injuries punishable by arresto menor. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. we should impose the penalty for homicide. the correct penalty is NOT based on the lower offense. This is a crazy answer. 3. Why will a person be sentenced to homicide and penalized for slight physical injuries? So. he should be prosecuted for homicide because the penalty is higher. but instead killed B. Answer: The correct answer is: he should be prosecuted for homicide and if found guilty. with intent to kill A. but the victim died. it's a complex crime under Article 48. This is the exact opposite of Article 49. It should be based on the higher offense. otherwise. the felony committed is homicide punishable by reclusion temporal. THOMAS MORE 1. although the latter is not intended victim? Answer: YES Question: What is the proper penalty? Answer: Obviously that is a complex crime because a single act produced 2 felonies consummated homicide and attempted homicide. However. Question: Is he liable for killing B. You do not base the penalty on the attempted homicide but on the consummated homicide. But once he is found guilty. we will give him the mitigating circumstance that he did not intended to commit so grave a wrong as that committed. Jette Roy Sanchez.THE FRATERNAL ORDER OF ST. Jose Charito Cortez. 2. an absurdity will result. it should be based on the higher penalty to be maximized. Alex Blaise Cunanan. which is reclusion temporal. Joji Bernadette Ancog. the penalty should be arresto menor. Question: For What crime should he be prosecuted? If we apply Article 49. Since. to be imposed in its maximum period. Joji Bernadette Ancog. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. So. You cannot say that the murder of a carries a higher penalty than the murder of B. Ryan Reyes & Marilou dela Cruz 194 . they are still the same. Now. Both are murder. with intent to murder A. Zaldy Lu. there is no effect. But it turned out it is not A. Article 48 will prevail because it is a complex crime. the crime intended is parricide. we say the penalty for the crime intended is higher. but a stranger B.THE FRATERNAL ORDER OF ST. the crime intended? Answer: Reclusion temporal Question: What crime did I commit? Answer: I am liable for the crime of homicide because I killed a stranger. Iñigo & Atty Teodoro V. Article 49 does NOT apply to error in personae Question: Where will you use Article 49? Answer: I intend to kill my father. But the penalty of reclusion temporal should be maximized. it is still murder. Alex Blaise Cunanan. So. So. The felony intended murder of A. the intended felony is murder of A. Article 49 does NOT apply to abberatio ictus because it will conflict with Article 48. I shot father but when I looked closely. Angel Question: Which will prevail between the two? Answer: Obviously. The crime he committed is murder. Jose Charito Cortez. it turned out that it is not my father but someone who looks like my father. ACADCOM 2004: Antoinette Principe. So. So. You do not say the penalty for the murder is higher than the penalty for that murder. waits for him in the dark. Whether it is a murder of A or a murder of B. Error in Personae The accused. Question: Is he liable for the death of B? Answer: YES. The crime committed is homicide. but the actual felony committed is murder of B. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Jerry Catague. he approached the intended victim from behind without giving the latter a chance to defend himself and stabbed him to death. Jette Roy Sanchez. Question: What is the penalty for parricide. Joji Bernadette Ancog. paragraph 2. So.THE FRATERNAL ORDER OF ST. if you are found guilty of parricide. the felony intended is homicide. ARTICLE 52. ACADCOM 2004: Antoinette Principe. ARTICLE 53. the court will not impose reclusion perpetua to death. The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the accessories to the commission of consummated felony. Jerry Catague. Penalty to be imposed upon principals of attempted crimes. The penalty next lower in degree than that prescribed by law for the consummated shall be imposed upon the accomplices in the commission of a consummated felony. Jette Roy Sanchez. it was not a stranger but my father. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. But when I looked at him. Zaldy Lu. Suppose we reverse the previous problem. Penalties to be imposed upon accessories to the commission of a consummated felony. ARTICLE 51. the penalty corresponding at the latter shall be imposed in its maximum period. which the accused intended to commit. the penalty for the former shall be imposed in its maximum period. Ryan Reyes & Marilou dela Cruz 195 . If the penalty prescribed for the felony committed is lower than the corresponding to the one. Alex Blaise Cunanan. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. So. Iñigo & Atty Teodoro V. Question: For what crime will I be prosecuted? Answer: For parricide because I killed my father. Penalty to be imposed upon accomplices in consummated crime. but the felony committed is parricide. A penalty lower by two degrees than that prescribed by law for the consummated shall be imposed upon the principals in an attempt to commit felony. The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the principal in a frustrated felony. But I did not really intend to kill him but I intended to kill somebody. Penalty to be imposed upon principals of a frustrated crime. I attacked a stranger and killed him. but only reclusion reclusion temporal in its maximum period because Article 49 paragraph 1 says: If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to commit. Angel That illustrates Article 49. Jose Charito Cortez. ARTICLE 50. The penalty next lower in degree than that prescribed by law for an attempt to commit a felony shall be imposed upon the accomplices in an attempt to commit the felony. In the case in which the law prescribed a penalty lower or higher by one or more degrees than another given penalty. Jerry Catague. Ryan Reyes & Marilou dela Cruz 196 . 1 1. Zaldy Lu. Penalty to be imposed upon accessories of a frustrated crime. Jose Charito Cortez. Joji Bernadette Ancog. The courts in applying such lower or higher penalty shall observe the following graduated scales. Angel ARTICLE 54. ARTICLE 71. ARTICLE 57. Prision correccional 6. The penalty next lower in degree than prescribed by law for the frustrated felony shall be imposed upon the accomplices in the commission of a frustrated felony. Graduated scales. Reclusion temporal 4. The penalty lower by two degrees than that prescribed by law for the frustrated felony shall be imposed upon the accessories to the commission of a frustrated felony. Prision mayor 5. ARTICLE 56. Penalty imposed upon accomplices in a frustrated crime. Death 2. ARTICLE 55. SCALE NO. Penalty to be imposed upon accomplices in an attempted crime. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F.THE FRATERNAL ORDER OF ST. Reclusion perpetua 3. Iñigo & Atty Teodoro V. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Arresto Mayor ACADCOM 2004: Antoinette Principe. Jette Roy Sanchez. The lower or higher penalty shall be taken from the graduated scale in which is comprised the given penalty. Penalty to be imposed upon accessories of an attempted crime. The penalty lower by two degrees than that prescribed by law for the attempted felony shall be imposed upon the accessories to the attempt to commit a felony. the rules prescribed in Article 61 shall be observed in graduating such penalty. Alex Blaise Cunanan. Perpetual absolute disqualification 2. Destierro 8. Iñigo & Atty Teodoro V. it is understood that the penalty prescribed by the law is the one applicable to the consummated.consummated. Exception to the rules established in Articles 50-57. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Jerry Catague. it is understood as referring to the penalty for the principal. Question: Reclusion temporal is the penalty for homicide against whom. the principal. Joji Bernadette Ancog. ACADCOM 2004: Antoinette Principe.THE FRATERNAL ORDER OF ST. or to be imposed upon accomplices or accessories. So. Question: What kind of homicide . reclusion temporal is the penalty or the principal if the homicide consummated. Public Censure 5. the right to follow a professional calling 4. frustrated or attempted? Answer: Again. the right to vote and be voted for. under Article 46. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Jette Roy Sanchez. Temporal absolute disqualification 3. Jose Charito Cortez. Alex Blaise Cunanan. Fine SCALE NO. Ryan Reyes & Marilou dela Cruz 197 . Principal Accomplice Accessories CONSUMATED 0 1 2 FRUSTRATED 1 2 3 ATTEMPTED 2 3 4 Question: What is the penalty for the crime of homicide? Answer: According to Article 249. Suspension from public office. 2 1. The provisions contained in Articles 50-57. the penalty for homicide is reclusion temporal. when the Penal Code prescribes a penalty. inclusive of this Code shall not be applicable to cases in which the law expressly prescribes the penalty provided for a frustrated or attempted felony. Zaldy Lu. Angel 7. Fine ARITICLE 60. Arresto Menor 9. Public Censure 10. the accomplice or the accessory? Answer: According to Article 46. Your starting point is Zero. Ryan Reyes & Marilou dela Cruz 198 . The same thing for the accessory or a frustrated homicide. Iñigo & Atty Teodoro V. and the penalty for the accessory in a consummated homicide. So. therefore. So all three are 2 degrees lower. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Jette Roy Sanchez. Zaldy Lu. Jerry Catague. ACADCOM 2004: Antoinette Principe. (Article 46) Question: If reclusion temporal is the penalty for the principal in a consummated homicide. That is also the penalty for the accomplice in a consummated homicide.THE FRATERNAL ORDER OF ST. Question: What is 1 degree lower from reclusion temporal? Answer: Article 71 will now apply One degree lower is the penalty of prision mayor. the manner of determining the penalty for attempted. frustrated felony and accomplices and accessory. But Article 60 says the penalty for the accomplice or for the accessory. what is the penalty for the principal? Answer: Two degrees lower than the principal in the consummated homicide. or the frustrated or attempted felony (under Articles 50-57) should not apply where the Penal Code provides a separate exception. Alex Blaise Cunanan. The same answer for the penalty for the accomplice in a frustrated homicide. So. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Joji Bernadette Ancog. This is. Because there are instances when the penalty for the accomplice and the party for the principal is the same. Question: Suppose the homicide is only attempted. Jose Charito Cortez. that is within the range of destierro. Question: What is the penalty for an accomplice in an attempted homicide? Answer: It should be 3 degrees lower from the principal in a consummated homicide or arresto mayor. what is the penalty for the principal if the homicide is frustrated? Answer: It is supposed to be 1 degree lower from the principal in a consummated homicide. Angel Question: What is the penalty for accomplice and the accessories in a consummated homicide? Answer: That is where Articles 50 to 57 will come in the above graph is a summary of the entire Articles to 50 to 57. Question: What is the penalty for the accessory in an attempted homicide? Answer: Four degrees lower from the principal in a consummated homicide. the penalty should be within the range of prision correccional. So. Third and Fourth of this Title. and abduction. PROBLEM: So. I am the principal. Liability of ascendants. The principal and accomplice fall under the same liability. Jerry Catague. It should not be one degree lower for you. shall be punished as principals. The ascendants. RPC. guardians. Jose Charito Cortez. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. PROBLEM: A woman is raped. teachers and any person who. attempts to flee or o to an enemy country when prohibited by competent authority. But I use your house and you allowed it. Xxxx The Crime here is against chastity. If I detain somebody. Question: Suppose you are attempting yet (meaning you have not yet left). this is another example when the penalty for the attempt or the consummation is the same. but you were already caught. Zaldy Lu. if you go to the enemy country when you are not supposed to go there because there is was. you can be prosecuted. So. RPC. Iñigo & Atty Teodoro V. when you come back.The penalty of reclusion temporal shall be imposed upon any private individual who shall commit the crimes described in Article 267 without the attendance of any of the circumstances enumerated therein. RPC. guardians. Flight to enemy's country. Alex Blaise Cunanan. seduction corruption of minors. The penalty of arresto mayor shall be inflicted upon any person who owing allegiance to the Government. Slight Illegal Detention . Joji Bernadette Ancog. the penalty for you and the penalty for are the same. The accomplices of the rapist are parents or guardians. as if you have already gone there because the mere attempt to flee is the same s consummated. ARTICLE 346. what is the penalty? Answer: Still the same. or other persons entrusted with the custody of the offended party. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. the penalty for the rapist and the penalty for the accomplices are the same. this is an exception. Jette Roy Sanchez. The same penalty shall be incurred by anyone who shall furnish the place for the perpetration of the crime. Under article 268. xxx SITUATION. curators.THE FRATERNAL ORDER OF ST. According to Article 346. acts of lasciviousness. There is no distinction between an accomplice and a principal. That is the application of Article 60. ACADCOM 2004: Antoinette Principe. Ryan Reyes & Marilou dela Cruz 199 . which may either. ARTICLE 121. teachers. Angel ARTICLE 268. you are an accomplice. by abuse of authority or confidential relationship. shall cooperate as accomplice in the perpetration of the crime embraced in Chapter Second. be rape. Reclusion temporal .minimum. Ryan Reyes & Marilou dela Cruz 200 . medium. 4 months and 1 day to 20 years From 2 years. 4 months and 1 day to 4 years and 2 months From 2 months and 1 day to 4 months From 11 to 20 days From 4 years. Joji Bernadette Ancog. maximum. Legal period of duration of divisible penalties. Jose Charito Cortez. Jette Roy Sanchez.THE FRATERNAL ORDER OF ST. Jerry Catague. you have to know Article 76. 2 months and 1 day to 6 years Prision mayor absolute disqualification and special temporary disqualification Prision correccional suspension and destierro From 6 years and 1 day to 12 years From 6 years and 1 day to 8 years From 6 months and 1 day to 6 years From 6 months and 1 day to 2 years and 4 months Arresto mayor From 1 month and 1 day to 6 months From 1 to 30 days From 1 to 2 months Arresto menor From 1 to 10 days Form 10 years and 1 day to 12 years From 4 months and 1 day to 6 months From 21 to 30 days COMPUTATIONS Reclusion temporal . forming three periods. 8 months and 1 day to 17 years and 4 months From 8 years and 1 day to 10 years From 17 years. Zaldy Lu. the medium. Alex Blaise Cunanan. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza.12y 1d to 20y Minimum Medium Maximum 12y 1d to 14y 8m 12y 8m 1d to 17y 4m 17y 4m 1d to 20y ACADCOM 2004: Antoinette Principe. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. and the maximum in the manner shown in the following table: TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME INCLUDED IN EACH OF THEIR PERIODS PENALTIES Reclusion temporal ENTIRE DURATION From 12 years and 1 day to 20 years MINIMUM MEDIUM MAXIMUM From 12 years and 1 day to 14 years and 8 months From 14 years. To know the duration. Iñigo & Atty Teodoro V. the minimum.duration is 2 years. 1 day to 20 years But reclusion temporal has three periods . The legal period of duration of divisible penalties shall be considered as divided into three parts. Angel ARITCLE 76. THE FRATERNAL ORDER OF ST. convert some years to months. This is the duration of the entire penalty. Hence. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Zaldy Lu. 14y 8m 2y 8m 16y & 16m or 17y 4m  e. Joji Bernadette Ancog. Since there are three parts. Jose Charito Cortez. do not add 1d). Jerry Catague. divide 8y by 3. so first. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza.12y = 8y. Iñigo & Atty Teodoro V. Ryan Reyes & Marilou dela Cruz 201 . 8y-2y = 6y.duration is 6y 1d to 12y Minimum Medium Maximum 6y1d to 8y 8y1d to 10y 10y1d to 12y ACADCOM 2004: Antoinette Principe. So the minimum period is 12 y 1d to 14y 8m 17y 2y 19y  So the medium necessarily starts at 14y 8m 1d to 17 y 4m 4m 8m 12m or 20y So. Alex Blaise Cunanan. Duration of each period = 2y8m of reclusion temporal Start with 12y and add 1d (but in the computation. b. Determine the duration of the entire felony Maximum 20y Minimum 12y disregard the 1d Subtract 20y . It is difficult to divide. then add 2y and 8m Therefore 12y 1d 2y 8m 14y & 8m  d. Jette Roy Sanchez. Angel Formula a. the maximum starts at 17y4m1d to 20y Prision Mayor . 24m(2y) Then divide 6y24m by 3  c. Zaldy Lu. Joji Bernadette Ancog. 1day to 6 years Minimum Medium Maximum a. Jose Charito Cortez. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F.THE FRATERNAL ORDER OF ST. Iñigo & Atty Teodoro V. c. Alex Blaise Cunanan.6m 5y 6m (duration of entire of prision correccional) Convert 5y6m in such a manner s to make it divisible by 3 5y 6m 3y 30m c.duration is 6 months. the computation shall be: a. 6y . Jette Roy Sanchez. 5y12m . Ryan Reyes & Marilou dela Cruz 202 . Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. b. 12y-6y = 6y 6y/3y = 2y (duration of each period) thus: 6y1d to 8y (minimum) 8y1d to 10y (medium) 10y1d to 12y (maximum) Prision correccional . Angel If we follow the formula. 6m1d to 2y4m 2y4m1d to 4y2m 4y2m1d to 6y 3y 30m by 10m (duration f each period) Compute 6m by 10m by 16m or 2y 4m + 1y 10m 3y 14m or 4y 2m + 1y 10m 4y 24m or 6y Thus Minimum Medium Maximum 6m1d to 2y4m 2y4m1d to 4y2m 4y2m1d to 6y ACADCOM 2004: Antoinette Principe. Jerry Catague.6m (but you cannot subtract without converting first the 6y into months) 6y = b. Whereas in Article 76. Joji Bernadette Ancog. Angel Arresto mayor . Iñigo & Atty Teodoro V. for penalties which are divisible (penalty which consists of three periods. ACADCOM 2004: Antoinette Principe. you can read there the scales. and you cannot commit any error there because an error of one day will give an error on your answer. one with a fixed duration and one without fix duration. Jette Roy Sanchez. Article 76 is our guide because it tells us the duration of each period of the penalty. Ryan Reyes & Marilou dela Cruz 203 . Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Actually. medium and maximum). Zaldy Lu. But that will entail really of memorizing the table down to the last month and day. we have said earlier that penalties are either divisible or indivisible. the basic knowledge of mathematics for the minimum period will answer even without memorizing Article 76. it will not be with what is provided ender Article 76 Question: What is the correct answer? Answer: Follow the law. 3m60d/3 = 1m20d (duration per period of arresto mayor) Compute 1m 1m20d 2m20d 1m20d 3m40d or minimum 1m1d to 2m 20d 4m 10d medium 1m 20d 5m 30d maximum 2m21d to 4m10d 4m 1d to 6m Therefore. Now. What is important is Scale 1. Jose Charito Cortez. The solution derived from the formula is mathematically correct but legally wrong. Now. Jerry Catague.Duration is 1 month. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. 1day to 6months Minimum Medium Maximum Formula 1m to 2m 2m1d to 4m 4m1d to 6m 6m-1m = 5m or 3m60d So. you have at least to know the duration of each period. you might as well remember the mathematical formula to arrive at the same answer even without reading Article 76.THE FRATERNAL ORDER OF ST. In the scale of penalties. it is legally correct although mathematically wrong. how are the penalties arranged starting from down the last penalty? All right. if we apply the formula. Alex Blaise Cunanan. known as minimum. In Article 70. we will start. you compare that with what Article 76. we disregard it. Of course. Angel For example. Now. Next is to determine the duration of its period. Minimum of the minimum is 12 years and 1 day. conclusion the formula in the Penal Code is mathematically wrong. Alex Blaise Cunanan. That would be the duration or each period of reclusion temporal. It becomes 4 months. Now. If you will look at Article 76.1 month minimum = 5 months. It will not tally. of course. This is what the formula says. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. 17 years. 16 months and 1 day. The only penalty where our formula will not work is the penalty of arresto mayor. 1 month + 1 month and 20 days = 2 months and 20 days. Jerry Catague. that is already divisible by 3. They do not tally. dividing 8 years into three parts would be rather difficult. The best thing to do is to convert the years into months. the duration of reclusion temporal 2 years and 1 day to 20 years. arresto mayor has duration of 5 months divided by 3. 5 months and 30 days or exactly 6months. that is the answer. or inaccurate. Iñigo & Atty Teodoro V. So that will be quite easier. then you add again the same 2 years and 8 months. the formula to subtract the minimum from the maximum disregarding the 1 day difference 20 years . Since there are three periods. The medium is supposed to start from 2 months and 21 days + month and 20 days = 3 months and 40 days. Zaldy Lu. We will apply our formula and try to find out whether our answer will be the same. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. 3 months and 60 days divided by 3. So. Now. So. 40 days . Joji Bernadette Ancog. 4 months and 1 day + 2 years and 8 months = 19 years. Then you add the 1day in our formula. Let's try to demonstrate. it says there the minimum starts 1 month and 1 day to 2 months. This is what Article 76 says. The starting point is 1 month and 1 day. the medium is 2 months and 1 day to 4 months and the maximum is 4 months and 1 day to 6 months.THE FRATERNAL ORDER OF ST. It shall be 17 years and 4 months. let's reduce this 6 years because it is easier to divide 6 years by 3. The maximum is supposed to commence from 4 months and 11 days + 1 month and 20 days. let's convert the 2 years into months 24months 6 years and 24 months. That is supposed to be the duration. 12 months or exactly 20 years. It is now 12 years +2 years and 8 months = 14years and 4 months The medium period starts from 14 years. That is supposed to be the duration of the entire penalty. The medium is supposed to end at 4 months and 10 days. the maximum starts from 17 years. arresto mayor has duration of 1 month and 1 day to 6 months. Transpose 30 days equals 4 months. you already know the minimum of 12years and 1day. The maximum of the maximum is 20 years. Well. Ryan Reyes & Marilou dela Cruz 204 . Now. Jette Roy Sanchez. 4 months and 1 day. If you look at the table in Article 76. we will reduce this to 3 months and the 2 months to days. So. 8 months and 1 day + 2 years and 8 months = 16 years. That is the entire duration of the penalty of reclusion temporal. To make it easier. Jose Charito Cortez. ACADCOM 2004: Antoinette Principe. The answer is the same. But at any rate. 6 months maximum . You subtract 12 months. 1 month and 20 days.30 days = 10 days.12 years = 8years. Now. Now. the official partitioning of arresto mayor. So we have transpose 12 months there to make that 17 years. Now. you find out if your answer corresponds to the duration of the penalty. then we have to divide 8 years into three parts. So let's start with the minimum. of course. So 60 days. When the penalty prescribed for the crime is composed of two indivisible penalties. Zaldy Lu. For the purpose of graduating the penalties which. and upon accomplices and accessories. When the penalty prescribed for the crime is composed of one or two indivisible penalties and the maximum period of another divisible penalty. the courts. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. 4. the penalty next lower in degree shall be that immediately following that indivisible penalty in the respective graduated scale prescribed in Article 71 for this Code. Jose Charito Cortez. of this Code are to be imposed upon persons guilty as principles of any frustrated or attempted felony. Article 61 is the continuation of Article 50-57. corresponding to different divisible penalties. So. When the penalty prescribed for the felony is single and indivisible. Jerry Catague. the penalty next lower in degrees shall be that immediately following that indivisible penalty in the respective graduated scale prescribed in Article 71 of this Code. inclusive. Sometimes it is easy because you just follow Article 71. shall impose corresponding penalties upon those guilty as principals of the frustrated felony or attempt to commit the same. Ryan Reyes & Marilou dela Cruz 205 . What follows temporal? Prision Mayor. according to the provisions of Articles 50 to 57. Alex Blaise Cunanan. the penalty next lower in degree shall be composed of the medium and minimum periods of the proper divisible penalty and the maximum periods of the proper divisible penalty and the maximum period of that immediately following in said respective graduated scale. 2.THE FRATERNAL ORDER OF ST. When the penalty prescribed for the crime is composed of several periods. Jette Roy Sanchez. 1. Angel ARTICLE 61. if possible. Iñigo & Atty Teodoro V. Joji Bernadette Ancog. But sometimes. or as accomplices or accessories. proceeding by analogy. When the law prescribes a penalty for a crime in some manner not especially provided for in the four preceding rules. or of one or more divisible penalties to be imposed to their full extent. it might be difficult to determine the graduation if the penalty is something different. What follows Prision Mayor? Prision Correccional. When the penalty prescribed for the felony is single and indivisible. the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed in the respective graduated scale. the penalty next lower in degree shall be composed of the period immediately following the minimum prescribed and of the two next following. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. otherwise from the penalty immediately following in the above mentioned respective graduated scale. ACADCOM 2004: Antoinette Principe. 3. which shall be taken from the penalty prescribed. Rules for graduating penalties. the following rules shall be observed: 1. which is the lesser of the two? Perpetua. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. When the penalty prescribed for the crime is composed of one or two indivisible penalties and the maximum period of another divisible penalty. But the trouble is the Heinous Crime Law changed the penalty of murder to reclusion perpetua to death. That's Rule #2 or when the penalty is composed of one or more divisible penalties. That is the penalty for homicide. Reclusion perpetua is indivisible followed by reclusion temporal maximum. What is one degree lower? The penalty which follows the lesser of the two Prision Mayor. which is supposed to be divisible. The same thing with reclusion perpetua. That is the penalty for robbery with homicide. There is only one example that you can give there . what is the penalty for the accomplice? One degree lower.murder. Question: What is the penalty for the accessories? Answer: What follows reclusion temporal? Prision mayor. Two divisibles combined. which carries that penalty . the penalty next lower in degree shall be composed of the medium and maximum periods of the proper divisible penalty and the maximum period of the proper divisible penalty and the maximum period of that immediately following in said respective graduated scale. 2. Joji Bernadette Ancog. This is just easy. It is the entire range of 6 years and 1 day to 20 years.reclusion temporal maximum to death. When the penalty provided for the crime is composed of several periods. What is 1 degree lower? According to Article 61(2). there is no crime in the Penal Code now which carries this kind of penalty. Ryan Reyes & Marilou dela Cruz 206 . Zaldy Lu. because death is indivisible. corresponding to different divisible penalties. The trouble is you cannot use it because under the Penal Code. Iñigo & Atty Teodoro V. supposed I am only an accomplice where the penalty is 1 degree lower. it is indivisible. the penalty next lower in degree shall be composed of the period immediately following the minimum ACADCOM 2004: Antoinette Principe. Jerry Catague. There is only one example. it's prision correccional followed by arresto mayor. When the penalty prescribed for the crime is compound of two indivisible penalties. that is the rule. Now. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. parricide. The penalty is composed of 2 divisibles for example when the penalty of the crime is prision mayor to reclusion temporal. the penalty. 3. another degree lower is temporal. Now. Angel Suppose the penalty for the crime is death. the penalty for an accomplice is reclusion temporal. Roxas. Alex Blaise Cunanan. So. Jette Roy Sanchez. So. Now. or of one or more divisible penalties to be imposed to their full extent. That is the penalty for murder. So the penalty which follows prision mayor is one degree lower. That's the entire duration. What follows perpetua? Reclusion temporal. which is mandatory. Single. In the light of People vs. perpetua is still indivisible penalty. So. which follows the lesser of the two. One degree lower is perpetua. 4. the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed in the respective graduated scale.THE FRATERNAL ORDER OF ST. Jose Charito Cortez. So. there is only one crime. Reclusion perpetua to death. Effect of the attendance of mitigating or aggravating circumstances and of habitual delinquency. What is the degree lower? By analogy. So. Follow the same pattern for the penalty for an accessory. while 1/3 belongs to prision mayor. So. The problem is that 2/3 belongs to reclusion temporal. When the penalty prescribed of a crime is composed of several periods. Reclusion temporal. Alex Blaise Cunanan. medium. that is how you graduated penalties according to article 61. the penalty is presently ranging from 17 years. Not only period. reclusion temporal maximum. Angel prescribed and of the two next following which shall be taken from the penalty prescribed.THE FRATERNAL ORDER OF ST. minimum. the courts. 5. medium. Ryan Reyes & Marilou dela Cruz 207 . Jette Roy Sanchez. Iñigo & Atty Teodoro V. how many periods? Three maximum. When the law prescribes a penalty for a crime in same manner not especially provided for in the four preceding rules. And of course what do you call that penalty? Reclusion temporal maximum. maximum. So. Jose Charito Cortez. 4 months and 1 day to 20 years. medium plus the next two. two degrees already. What is two degree lower? Prision mayor minimum to prision medium. and there are only two periods. by analogy. Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the following rules: ACADCOM 2004: Antoinette Principe. that of 1 degree lower is prision mayor maximum to reclusion temporal minimum. corresponding to different divisible penalties. What is 3 degree lower? Prision correccional medium to prision correccional maximum. shall impose corresponding penalties upon those guilty as principals of the frustrated felony or of attempt to commit the same and upon accomplices and accessories. So. That is divisible penalty because it has fixed duration. 8 months and 1 day to 20 years. Suppose the penalty prescribed of a crime is reclusion temporal maximum and there are many crimes in the Penal Code with that kind of penalty. reclusion temporal medium is already 1 degree lower. So. What follows? Prision Mayor. it has its own minimum. ARTICLE 62. Joji Bernadette Ancog. medium. Zaldy Lu. That is the penalty for the accomplice. for example. ILLUSTRATION. What follows now is the minimum period. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. What is one degree lower than that? The law says the penalty lower in degree shall be composed of the period immediately following the minimum prescribed and of the two next following. that is the range of 14 years. What is one degree lower? By analogy. What follows prision mayor? Prision correccional. You apply only one. proceeding by analogy. 1 part belongs to prision mayor. Reclusion temporal minimum is considered degree lower. it is 1 degree lower by itself. the penalty for a crime is prision mayor maximum to reclusion temporal medium. which follows the maximum. by analogy. maximum for the purpose of mitigating and aggravating circumstances. When the penalty for a crime is not among those mentioned in #'s 1 to 4 example the penalty for the crime is reclusion temporal medium to maximum. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. if possible. two parts belong to reclusion temporal. How many periods? Three. Jerry Catague. otherwise from the penalty immediately following in the above mentioned respective graduated scale. And being divisible. minimum. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. a person shall be deemed to be habitual delinquent. For the purpose of this article. or from any other personal cause. Alex Blaise Cunanan. b) Upon a forth conviction. estafa or falsification. the aggravating circumstances will not affect the penalty anymore and there are three. The same rule shall not be taken into account for any aggravating circumstance inherent in the crime to such a degree that it must of necessity accompany the commission thereof. 5. Aggravating circumstances have the effect of increasing the penalty. Notwithstanding the provisions of this article. accomplices and accessories as to whom such circumstances are attendant. hurto. Jerry Catague. They have to be taken into account the purpose of increasing the penalty. or from his private relations with the offended party. based on this Article. 2. shall not only serve to aggravate or mitigate the liability of the principals. and c) Upon a fifth or additional conviction. Angel 1. Iñigo & Atty Teodoro V. robo. the culprit shall be sentenced to the penalty provided for the last crime of which he is found guilty and to the additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum period. Zaldy Lu. the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its minimum and medium periods. or in the means employed to accomplish it. Aggravating circumstances. ACADCOM 2004: Antoinette Principe. However. 4.THE FRATERNAL ORDER OF ST. Article 62 says in the following cases the aggravating circumstance is not taken into account anymore. the total of the two penalties to be imposed upon the offender. Ryan Reyes & Marilou dela Cruz 208 . Aggravating or mitigating circumstances which arise from the moral attributes of the offender. is within a period often years from the date of his release or last conviction of the crimes of serious or less serious physical injuries. 3. in conformity herewith shall in no case exceed 30 years. Jette Roy Sanchez. Jose Charito Cortez. Habitual delinquency shall have the following effects: a) Upon a third conviction the culprit shall be sentenced to the penalty provided by the law for the last crime of which he be found guilty and to the additional penalty of prision correccional in its medium and maximum periods. The circumstances which consist in the material execution of the act. which in themselves constitute a crime especially punishable by law or which are included by the law in defining a crime and prescribing the penalty therefore shall not be taken into account for the purpose of increasing the penalty. Joji Bernadette Ancog. he is found guilty of any said crimes a third time or oftener. shall serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein. Meaning. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. that the crime is committed with abuse of confidence by the offender is no longer aggravating because abuse of confidence is already an element of the crime of qualified theft. I will conspire with A to commit a crime.THE FRATERNAL ORDER OF ST. but it will not favor B because B is not related to the victim. Does this not violate the rule on conspiracy. they will only affect the person concerned. they have really planned it. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. When it is inherent in the crime. Angel When the aggravating circumstance constitutes the crime itself. not A. Under the rules on evident premeditation. B will be the only one credited with the mitigating circumstances. Example: The crime of robbery committed in the house. which is the very crime of arson itself. That is with the use of force upon things. When the law says it in ACADCOM 2004: Antoinette Principe. So when it comes to these circumstances. Or. In the crime of qualified theft. Alex Blaise Cunanan. it only affects A and not B. Now. Or those which are personal to the offender. Jette Roy Sanchez. Jerry Catague. Recidivism will affect me but does not affect him. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. So. I am a recidivist. or from his private relations with the offended party. Example: Arson. it is already inherent. Iñigo & Atty Teodoro V. So. For Example: I will conspire with a 17-year old minor to commit a crime. under Article 299. B acted with passion or obfuscation. So. Joji Bernadette Ancog. the fact that the crime is committed in the dwelling of the offended party is no longer aggravating because dwelling or the crime committed in the house is already included in the definition of the crime. A and B commit a crime together. the use of fire under Article 14 will no longer be considered as aggravating in arson because it is the use of fire. What constitutes the crime of Arson? When you destroy another person's property by fire. that the act of one is the act of all? It does not. A acted with evident premeditation B did not. When it is included in the definition of the crime. Question: What are those? Answer: Examples are evident premeditation is not aggravating in robbery because when the robbers commit the crime. Or. relationship is a mitigating circumstance to A. Example: A and B commit the crime together. Jose Charito Cortez. He is a first offender. When you enter the house to rob it. accomplices and accessories as to whom such circumstances are attendant. also in treason. shall not only serve to aggravate or mitigate the liability of the principals. So. under Article 14. or from any other personal cause. Question: When is a circumstance inherent in a crime? Answer: When it must necessarily accompany the commission of the crime. A conspired with a stranger to rob his own father. Now. Minority will favor him but will not favor me because I am not a minor. A conspired with B to rob the father of A. Aggravating or mitigating circumstances which arise from the moral attributes of the offender. A did not. one of the aggravating circumstance is when the crime is committed by means of fire. those which arise from the public relations of the parties. Ryan Reyes & Marilou dela Cruz 209 . Zaldy Lu. Or. ACADCOM 2004: Antoinette Principe. The circumstances which consist in the material execution of the act. the crime committed by the offender for the 3 rd. Zaldy Lu. Now. He used treachery to kill the victim. So. estafa. or 5th times should be among those mentioned in Article 62. or in the means employed to accomplish it. under Rule #4. are committed or the ways and means employed to commit the crime? Answer: It will affect the person who employed the ways and means and the accused that have knowledge of it. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. the circumstance affect only the person concerned regardless of the fact whether he has knowledge or not. hurto. which refer to the manner which the crime. Question: How about circumstances. I will still be affected because I have the knowledge as to the ways and means employed. 2. Alex Blaise Cunanan. 3. but it will not affect me because I have no knowledge. Jose Charito Cortez. Jette Roy Sanchez.THE FRATERNAL ORDER OF ST. robo. will treachery affect me because I m the one ordered him to kill but I have no idea of how he will do it. But suppose I will say you kill that guy but tell me exactly how you will do it. robbery. he is found guilty of any of said crimes a third time oftener. less serious physical injuries. A person is habitual delinquent if within a period of ten years from the date of his release or last conviction of the crime of serious or less serious physical injuries. Now. Angel conspiracy it simply means that we are all liable but the law does not say that in conspiracy your mitigating is also my mitigating or my aggravating is also your aggravating. 000. Jerry Catague. Question: How #3 different from #4? Answer: In paragraph 3. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Example: I will hire a killer to murder X. or falsification. Joji Bernadette Ancog. The first two were recidivism and reiteration or individuality. But if the circumstance affects the ways and means employed the knowledge although he did employ that manner will sufficiently affect him. there must be a time gap of not more than ten years between convictions. treachery will affect the killer. Elements: 1. this affects my liability. Iñigo & Atty Teodoro V. estafa an falsification. Habitual Delinquency This is the third instance of criminal repetition. paying the former P100. I have the knowledge of the manner the crime is to be committed. theft. shall serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein. I will leave to him the manner of killing X. Ryan Reyes & Marilou dela Cruz 210 . Even it did not employ treachery. like serious physical injuries. there must be a third conviction. I will have to approve your method. 4th. Under #4. the penalty should now range from prision mayor maximum to reclusion temporal minimum. if you will look at the date when I will be convicted. Ryan Reyes & Marilou dela Cruz 211 . Question: Am I habitual delinquent? Answer: YES. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. under paragraph 5 or Article 62. On the 2nd offense as an accomplice. so today is exactly the 10th year. Jette Roy Sanchez. it is now my 3 rd time to commit theft or robbery or estafa or falsification or serious physical injuries. whether principal. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. definitely the crimes I committed are all mentioned there. it is the cut-off period. So. Zaldy Lu. He shall be sentenced to an additional penalty. but it still within ten years from release. the court will have to impose upon him an additional penalty.1 st offense. But this time. You commit the same crime and you are convicted for the 5 th or 6th time. where to culprit who is habitual delinquent commits less serious physical injuries. frustrated or consummated. Now. but the date of the conviction for the offense. accomplice or accessory. Joji Bernadette Ancog. Question: What is the cut-off point of the period? Is it the conviction or is it the commission of the offense for the 2nd time? For example. Jose Charito Cortez. but definitely. What matters is the crime. For every commission. I am convicted for the 3rd time as an accessory. ranging from prision correccional medium to maximum and upon his 4th conviction. It is evident that the law says he is found guilty of any of the said offense a 3rd time. Question: Is habitual delinquency applicable? Answer: NO. Jerry Catague. and the 3rd offense of robbery as an accessory. It will take time. Alex Blaise Cunanan. 3rd time attempted estafa. So. It is my 3rd time within 10 years. the date of the conviction and not the date of the commission of the offense. What is important is that I am found guilty to these crimes without regard to the manner of the participation. Suppose I was found guilty for the 1 st time of consummated robbery. So. a possible 10 ACADCOM 2004: Antoinette Principe.THE FRATERNAL ORDER OF ST. Because the cut-off point is not the date of the commission of the offense for the 3 rd or 4th time. then 2 nd time frustrated theft. Now. But for the three times that I have been found guilty of these crimes. he will be penalized for such crime. prision mayor minimum to medium. Question: Am I habitual delinquent? Answer: YES. because if you count it only from the last conviction. Angel Questions: When will you compute? What is the starting point in computing the period? Answer: The law says either from the date of final conviction or last release. Suppose I am found guilty of robbery as a principal . it will definitely be beyond 10 years. I was in different capacities. The law does not care about the stages of the execution. Iñigo & Atty Teodoro V. regardless of whether it is attempted. it will be more than ten years. I will be found guilty not today. Joji Bernadette Ancog. There is no time limitation between the prior conviction and the present conviction. Since you are a recidivist.000 times than the principal penalty. HABITUAL DELIQUENCY But to be a habitual delinquent. Answer: RECIDIVISM Recidivism is broader. 2nd conviction is estafa. and 3rd conviction is falsification. But the person can definitely also be a habitual delinquent without being a recidivist if no 2 crime out of the 3 are embraced in the same title of the Penal Code For example. Actually. Jose Charito Cortez. So. upon the second conviction. will call for the imposition of an additional penalty which is separate and distinct of the principal penalty for the present crime committed. Question: How will that affect the penalty? Answer: Simple. KAPINITAN ACADCOM 2004: Antoinette Principe. There must at least a third conviction. additional penalty under Article 62. the 2 nd conviction is theft. You will notice that not one of the three is embraced under the same title in the Penal Code. The time gap between the previous conviction and present should not be more than 10 years. For example. 1st conviction is serious physical injuries. A physical injury is against person. So. the crimes are more specific. My 3 rd conviction is estafa. Question: Is habitual delinquency a crime in itself? Answer: NO. Angel years and 8 months. my first conviction is robbery. I am a habitual delinquent but I am also a recidivist because all crimes are embraced in the same title of the Penal Code. These are all limited to those mentioned in Article 62. Jette Roy Sanchez. So you will notice that the additional penalty given is higher by 1. Ryan Reyes & Marilou dela Cruz 212 . Zaldy Lu. all that are necessary is for the two offenses committed before and now are embraced in the same title of the Penal Code. Alex Blaise Cunanan. Even if it carries a penalty. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. the penalty for present crime will have to be imposed in the maximum period. You will notice that the three offenses are all covered by Article 62. And because of habitual delinquency. So. there is no conflict between the 2 sets of offenses. Iñigo & Atty Teodoro V. This simply maximizes the principal penalty for the new crime.000 or 2. PEOPLE vs. Estafa is against property. Any two offenses. if present in the commission of the felony.THE FRATERNAL ORDER OF ST. This cause for the imposition of a separate and distinct additional penalty. I am both a recidivist and at the same time a habitual delinquent. It is a sort of extraordinary aggravating circumstance which. Question: Distinguish habitual delinquency form recidivism. Jerry Catague. Question: Can a person be a habitual delinquent and at the same time a recidivist? YES. So. They are all crimes against property. I am already a recidivist. I am not a recidivist but definitely I am a habitual delinquent. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. It could be twenty years ago. The second conviction is sufficient to make a person a recidivist. Falsification is against public interest. that of People vs. the prosecution should not be allowed to prove it because it must be alleged in the information. In all cases in which the law prescribed a single indivisible penalty. which is also a form of plurality of crimes. Rules for the application of indivisible penalties. the following rules shall be observed in the application thereof: 1. because these were not alleged in the information and the presentation was objected to vigorously by the defense counsel. 2. There is no reason why the ruling in Partinada will not apply. the court shall reasonably allow them to offset one another in consideration of their number and importance. When there are neither mitigating nor aggravating circumstances and there is no aggravating circumstance. the greater penalty shall be applied. When the commission of the deed there is present only one aggravating circumstance. the trial court was correct in excluding the prosecutions evidence with respect to the aggravating circumstance of recidivism and habitual delinquency. But we do not see any reason why this cannot be applied by analogy to habitual delinquency. Iñigo & Atty Teodoro V. the Court ruled that if recidivism is not alleged in the information. Recidivism and habitual delinquency are almost the same. Zaldy Lu. In all cases in which the law prescribed a penalty composed of two indivisible penalties. When both mitigating and aggravating circumstances attended the commission of the act. While it is true that to prove recidivism. it is necessary to prove the charge in the information and to attach thereto certified copies of the sentences rendered against the accused. it shall be applied by the courts regardless of any mitigating or aggravating circumstance that may have attended the commission of deed. Jette Roy Sanchez. Jerry Catague. the lesser penalty shall be applied. Alex Blaise Cunanan. It is written that this pronouncement applies specifically to recidivism. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. They belong to the same family. for the purpose of applying the penalty in accordance with the preceding rules. Hence. such aggravating circumstance may still be given credit thereto by the trial court if the accused does not object to the presentation of evidence. Ryan Reyes & Marilou dela Cruz 213 . according to the result of such compensation. When the commission of the act is attended by some mitigating circumstance and there is no aggravating circumstance. ACADCOM 2004: Antoinette Principe. the lesser penalty shall be applied. Jose Charito Cortez. and it was vigorously objected to by the defense. Joji Bernadette Ancog. 3. Angel Issue: May the court admit evidence to prove habitual delinquency if the same was not alleged in the information and the evidence is previously objected to by the defense? Held: In a previous ruling. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. ARTICLE 63.THE FRATERNAL ORDER OF ST. Partinada. If there is an aggravating circumstance. you impose lower of the two perpetua. Ordinary mitigating has no more effect. there is no more effect of mitigating. ARTICLE 64. Of course. each one of which forms a period in accordance with the provision of Article 76 and 77. even if you plea guilty. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. they shall impose the penalty prescribed by law in its medium period. perpetua to death. If there is a mitigating circumstance. When both mitigating and aggravating circumstance is present in the commission of the act. Then the SC cited. in other words. Joji Bernadette Ancog. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. But upon reconsideration by the SC en banc. it remains an indivisible penalty. the court shall observe for the application of the penalty the following rules. mandatory. But it shall not go lower. the SC ruled that perpetua is already divisible penalty. Ryan Reyes & Marilou dela Cruz 214 . which carries a penalty of death only? So. the penalty is single and indivisible. This is the reason cited by the SC in the second lucas decision. because in the original decision. Answer: It should be imposed by the court regardless of any mitigating or aggravating circumstance. only one penalty. then Article 63 becomes obsolete. Now. either the higher or the lower. whether it be a single divisible penalty or composed of three different penalties. Article 63. it ruled despite RA 7659. the court will impose the death penalty. Iñigo & Atty Teodoro V. as one of its reasons. Question: What happens if the crime carries reclusion perpetua to death? What is now the effect of mitigating or aggravating? Answer: It depends. they shall impose the penalty in its minimum period. Jose Charito Cortez. When both mitigating and aggravating circumstances are present. The only way of lowering this to the penalty much lower in degree is by privilege mitigating circumstance. Rules for the application of penalties. Zaldy Lu. ACADCOM 2004: Antoinette Principe. which says that perpetua has duration of 20 years and 1 day to 40 years. 2. 4. In all cases in which the penalties prescribed by the law contain three periods. Even if you surrender. like death. There are many crimes now heinous. The same situation applies if the penalty of the crime is perpetua because it is still considered as indivisible. if you will say that perpetua is divisible. Alex Blaise Cunanan. upstairs or downstairs. you still impose perpetua. which contain three periods. they shall impose the penalty in its maximum period. according to whether there are or are not mitigating or aggravating circumstance: 1. you cannot also increase it because it is the highest. So. which prescribe the penalty of only death. When only a mitigating circumstance is present in the commission of the act. It shall be imposed by the court regardless of any mitigating or aggravating circumstance. when the penalty for the crime is composed of two indivisible and there is only one example. Any ordinary mitigating circumstance can no longer lower it. Angel Question: What happens if a person is sentenced of a heinous crime. 3. and no aggravating circumstance.THE FRATERNAL ORDER OF ST. So. If there are two mitigating and no aggravating. you impose the higher penalty. the court shall reasonably offset those of one class against the other according to their relative weight. When there are neither aggravating nor mitigating circumstances. Jerry Catague. Jette Roy Sanchez. When both mitigating and aggravating circumstances are present. According to article 63. Just like that. then you apply Rule #1. the range of which is 12 years and 1 day to 20 years. There is 1 aggravating. it should fixed within the maximum period of prision mayor. if you know them try to offset them with each other. Alex Blaise Cunanan. No mitigating. paragraph 5 will not apply. 1 mitigating offset the aggravating. the court shall determine the extent of the penalty according to the number and nature of the aggravating and mitigating circumstances and the greater and lesser extent of the civil produced by the crime. If there is a mitigating. Ryan Reyes & Marilou dela Cruz 215 . It should be within the medium. ACADCOM 2004: Antoinette Principe. when there is one aggravating. The trial court appreciated the following modifying circumstance:      The aggravating circumstance of nocturnity The mitigating circumstance of passion and obfuscation The mitigating circumstance of no intent to commit so grave a wrong Illiteracy Voluntary surrender The imposable penalty for homicide is reclusion temporal. determine the proper penalty to be imposed upon the accused. the penalty should be somewhere within the medium period. Iñigo & Atty Teodoro V. Vhenigna Vangkbiyud was convicted of homicide. Jose Charito Cortez. according to the number and nature of such circumstances. When there are two or more mitigating circumstances and no aggravating circumstances are present. try to find out if there is a balance in favor of either mitigating or aggravating. maximum period. when there are two or more mitigating circumstance. When the limits of each period. Taking into account the attendant mitigating and aggravating circumstances and applying the Indeterminate Sentence Law. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. If there is no balance. in its maximum period. Now. the penalty should be fixed somewhere in the minimum period. The penalty should be lowered by one degree because according to paragraph 5. in the period that it may deem applicable.THE FRATERNAL ORDER OF ST. For example. Jette Roy Sanchez. Jerry Catague. 6. But this will not apply because the law says two or more mitigating and no aggravating is present. the courts shall not impose a greater penalty than that prescribed by law. You can fix the maximum. On the other hand. the court shall impose the penalty next lower that prescribed by law. Joji Bernadette Ancog. So there is a balance.4. Angel 5. What is the penalty? If we apply paragraph 4. Whatever may be the number and nature of the aggravating circumstances. the court shall reasonably offset those of one class against the other according to their relative weight. Example: The crime is punishable by prision mayor minimum. medium. So. no aggravating. It all depends on any mitigating or aggravating. the court shall impose the penalty next lower to that prescribed by law. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. And there is still 3 mitigating left. if there is an aggravating. Zaldy Lu. And after offsetting. That would be ranging from 8 years and 1 day to 10 years. But the mitigating are many . practically there are 700 possibilities. Because the rule on aggravating or mitigating is only peculiar to crimes under the Penal Code with their own distinct names for penalties. In other words. I can sentence him to 6 years and 1 day. the penalty for drug pushing was life imprisonment to death. Jerry Catague. medium and minimum for the purpose of applying Article 64. The penalty should be lowered to prision mayor. it adopted now the rules in the Penal Code and there is a distinction ACADCOM 2004: Antoinette Principe. Jose Charito Cortez. Zaldy Lu. months and day within that range. Take note that in divisible penalty. When the special law starts to use perpetua temporal. Question: What happens of the penalty should be within the medium period of prision mayor . like in a case where the prison term imposed upon the accused has been increased erroneously. Jette Roy Sanchez. if present in the commission of the crime. In other words. paragraph 5 should be applied. or any combination within.THE FRATERNAL ORDER OF ST. punishable by reclusion temporal. Should the penalty be increased by 1 degree? No. technically the provisions of Article 64 does not apply to special laws except when that special law adopts the nomenclature of the penalties in the Penal Code. there is no perpetua or prision mayor or 1 degree lower in special laws. this will not apply. That is very clear in the case of People vs. So. Question: Can we apply Article 64 to the crime of drug pushing? Answer: Now. Joji Bernadette Ancog. So. The SC has once said that the court should be careful in fixing penalties because any error may have varied consequences. paragraph 5 can no longer apply. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. The complete definition of aggravating circumstance is. That is the least I can sentence him to 10 years. the correct penalty there is paragraph 2 .the penalty should be in the minimum period. when the crime. On the other hand. No matter how many aggravating circumstances are present. So. Alex Blaise Cunanan. because of paragraph 5. Simon because before the Heinous Crime Law. will call for the imposition of the maximum penalty without exceeding the penalty prescribed by law. for example. The law is very clear. suppose it is the other way around.6 years and 1 day to 10 years? Answer: According to paragraph 6. you cannot increase the penalty by 1 degree higher. the penalty is reclusion perpetua to death. since the problem states that there is an aggravating circumstance of nocturnity. obviously. Ryan Reyes & Marilou dela Cruz 216 . then the provision of the RPC will now apply. Angel In other words. Therefore. 1 degree lower. to unduly prolong the confinement of the accused even for just one day is unjust in every sense of the word. When the special law adopts the penalties in the Penal Code. Iñigo & Atty Teodoro V. the provisions of the RPC. the court should sentence the accused to a specific penalty stating the exact number of years. The condition laid down in paragraph 5 for the lowering of the penalty by 1 degree if there are 2 or more mitigating circumstances without any aggravating is not present. no aggravating circumstance is present. there should be a minimum. the penalty should still remain within the range of reclusion temporal. but under the Heinous Crime Law. However. Now. when the special law says the penalty is 1 year and 10 months. There are 2 or more aggravating without any mitigating. passion or obfuscation. was committed there was voluntary surrender. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. It has a range of 17 years. Zaldy Lu. MISAL 244 SCRA 166 The formula adopted by the Supreme Court to apply Article 64 is: The penalty for the single illegal possession of firearms is reclusion temporal maximum to reclusion perpetua. Alex Blaise Cunanan. the medium is the upper half of reclusion temporal maximum. ACADCOM 2004: Antoinette Principe. The minimum is the lower part of the reclusion temporal maximum. The lower part is the minimum: the upper half is the medium. The difference is two years and 8 months. That is the medium. the penalty is reclusion temporal in the maximum period to reclusion perpetua. the penalty should be lowered by 1 or 2 degrees. How do you do it? By splitting the upper part and the lower part. Penalty to be imposed when the crime committed is not wholly excusable. it is 18 years. provided that the majority of such conditions be present. Perpetua: which you cannot split is the maximum. That should be the maximum penalty. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. We will have to make this 19 years and 12 months minus 17 years and 4 months. Jette Roy Sanchez. in view of the number and nature of the conditions of exemption present or lacking. Therefore. A penalty lower by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable by reason of the lack of some of the conditions required to justify the same or to exempt from criminal liability in the several cases mentioned in Article 11 and 12. Now. And then to continue.THE FRATERNAL ORDER OF ST. can we apply Article 64 there? What is the maximum. Jerry Catague. 4 months and 1 day to 20 years. the minimum years should range from 17 years. The medium and the minimum must necessarily come from that penalty. 20 years minus 17 years and 4 months. minimum period? Answer: The only solution there is this perpetua is indivisible. Now. Divide it into two: 1year and 4 months. reclusion temporal maximum is actually a divisible penalty. That is why the provisions of the RPC on the penalties will now apply to the Dangerous Drugs Act. 4 months and 1 day to 18 years and 8 months. the maximum period. medium. 8 months and one day to 20 years. That is the solution. Jose Charito Cortez. Joji Bernadette Ancog. When you commit a crime and there is an incomplete justifying or incomplete exempting circumstance. ARTICLE 69. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. The maximum period perpetua. PEOPLE vs. The courts shall impose the penalty in the period which may be deemed proper. Iñigo & Atty Teodoro V. Angel between reclusion perpetua and life imprisonment. Ryan Reyes & Marilou dela Cruz 217 . Question: How about the illegal possession of firearms? The simple illegal possession under PD 1866. Sometimes. paragraph 1. So in self-defense. So. Question: When will Article 13(1) apply. But this is just a repetition of Article 13.less than three. Ryan Reyes & Marilou dela Cruz 218 . but always in the proper period. You are charged with homicide. a discretionary penalty shall be imposed. ACADCOM 2004: Antoinette Principe. whereas in Article 69. Applying Article 69. When the offender is a minor under eighteen years and his case is one coming under the provision of the paragraph next to the last of Article 80 of this Code. incomplete self-defense. Question: Which will prevail: Article 69 or Article 13(1)? Answer: No one will prevail. or when will Article 69 apply? When will incomplete justifying or incomplete exempting be treated as privileged.THE FRATERNAL ORDER OF ST. Article 69 applies. So. Majority. two out of three. you should be convicted for homicide but the penalty should be lowered by 1 or 2 degrees. so from reclusion temporal. you will be penalized to prision mayor. when will it be treated as ordinary mitigating? Answer: The clue is in Article 69. A perfect example is self-defense. the penalty for you. the penalty should be within the range of reclusion temporal minimum and such incomplete self-defense can be offsetted by an aggravating circumstance. Angel Question: So. If we apply Article 69. the following rules shall be observed: Upon a person under fifteen but over nine years of age. Your claim is self-defense. what is Article 69? Answer: It is a privilege mitigating circumstance where the penalty is lowered by at least one degree. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. In Article 13. but always lower by two degrees at lest than that prescribed by law for the crime which he committed. the first mitigating circumstance is incomplete justifying. incomplete self-defense becomes a privileged mitigating circumstance. Iñigo & Atty Teodoro V. you penalty will go down to prision mayor or even as far down to prision correccional and incapable of offsetting by an aggravating. Penalty to be imposed upon a person under eighteen years of age. Under Article 13 on mitigating circumstance. Assuming only 1 degree. incomplete exempting and it is also a mitigating circumstance with one difference. You were able to prove some requisite. Upon a person over fifteen and under eighteen years of age the penalty next lower than that prescribed by law shall be imposed. it is a privileged mitigating circumstance. incomplete justifying exempting is only an additional circumstance. Alex Blaise Cunanan. where not all requisites to justify the act are present. but there is lacking . who is not exempted from liability by reason of the court having declared that he acted with discernment. ARTICLE 68. Jette Roy Sanchez. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Jose Charito Cortez. Jerry Catague. If we apply Article 13 to you. We apply Article 69 when the majority of the requisites are present. Joji Bernadette Ancog. sometimes Article 13(1) applies. Zaldy Lu. Jerry Catague. Iñigo & Atty Teodoro V.THE FRATERNAL ORDER OF ST. Zaldy Lu. ACADCOM 2004: Antoinette Principe. Alex Blaise Cunanan. Joji Bernadette Ancog. Being incorrigible is only a ground to nullify the suspension of the sentence. the judge will say I will not give you to degrees lower because you are incorrigible. Ryan Reyes & Marilou dela Cruz 219 . The fact that the minor is incorrigible is not a ground to deny him of the benefit of Article 68. If he is incorrigible in the rehabilitation center. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. it is not a ground to deny him of the benefit of Article 68. Angel Suppose. Question: Is the judge correct? Answer: The judge is wrong. Jette Roy Sanchez. Jose Charito Cortez. Alex Blaise Cunanan. Prision Mayor. Successive service of sentence. Prision Correccional. There is no imprisonment in disqualification. 11. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. 9. Joji Bernadette Ancog. Public Censure. the order of their respective severity shall be followed so that they may be executed successively or as nearly as may be possible. which are possible to be served simultaneously. Reclusion Temporal. and 12. Angel ARTICLE 70. Destierro. one after the other. the right to follow a or calling. Question: What penalties can be served simultaneously? Answer: Those. Meaning. In applying the provision of this rule the duration of perpetual penalties (pena perpetua) shall be computed at thirty years. as to the penalty or penalties first imposed.THE FRATERNAL ORDER OF ST. 7. should a pardon have been granted. profession Death. On other crimes. 5. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. they should be served simultaneously. in one crime. 6. Perpetual Absolute Disqualification. the following rules shall be observed: In the imposition of the penalties. Jette Roy Sanchez. Iñigo & Atty Teodoro V. Ho other penalty to which he may be liable shall be inflicted after the sum total of those imposed equals the same maximum period. Ryan Reyes & Marilou dela Cruz 220 . the right to vote and be voted for. If not possible or there nature will not allow it. I was sentenced to 6 years of prision correccional. but your right has been suspended. Zaldy Lu. 2. Jose Charito Cortez. Arresto Mayor. Such maximum period shall in no case exceed forty years. Suspension from public office. then serve them successively. 10. I was sentenced to 15 years of temporary disqualification. Jerry Catague. Arresto Menor. the maximum duration of the convict's sentence shall not be more than three-fold the length of time corresponding to the most severe of the penalties imposed upon him. For example. Temporal Absolute Disqualification. 4. If allowed. or should they have been served out. or 20 years of absolute disqualification. ACADCOM 2004: Antoinette Principe. Notwithstanding the provisions of the rule next preceding. When the culprit has to serve two or more penalties. 8. he shall serve them simultaneously if the nature of the penalties will so permit otherwise. 3. Is it possible for me to serve simultaneously? Yes. Reclusion Perpetua. For the purpose of applying the provisions of the next preceding paragraph the respective severity of the penalties shall be determined in accordance with the following scale: 1. one after the other. Question: Which should be served first? Answer: You first serve the death penalty. So. "Miss Vhenigna Vangkhiyud. They are all the same however. 6 months of arresto mayor. Question: How will I serve them? Answer: You serve them in order of severity. Another offense. which you cannot serve simultaneously because their nature will not allow it. Alright…for this crime 6 years of prision correccional. Joji Bernadette Ancog. you are sentenced for 2 years of destierro. So. for one penalty. For another penalty. So. Angel But there are penalties. you are sentenced to 5 days of arresto menor. another one 1 year. after you are in jail for one day. you are sentenced to death. You start from the most severe going down. what is the total? Four years and two months. you should be released. Zaldy Lu. then the 6 months of arresto mayor. But if you look at the most serious. However. this one 4 years. you are sentenced to 20 years of reclusion temporal. Alex Blaise Cunanan. And then for another offense. For example. Iñigo & Atty Teodoro V. Jette Roy Sanchez. Under the three-fold rule. you are sentence to 1 year of prision correccional. all imprisonment. another crime 5 months. How can you be outside the jail and at the same time within the jail? So. For example. so shorter by 1 year and 2 months. for one offense. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. you re only for one day for one penalty. etc… you cannot do that. Severity For example.THE FRATERNAL ORDER OF ST. Meaning. 40 days of arresto menor. what will happen? You serve them successively. Or. what happen to the reclusion temporal. According to the rule. Another crime 8 months. the other day I served arresto menor. Jose Charito Cortez. to the arresto menor? Answer: Never mind you are already dead! It is not the other way around. that is the order of service. another offense 5 months. you are sentenced to 2 years of prision correccional. that is you penalty if you will serve them one by one. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. ACADCOM 2004: Antoinette Principe. you cannot say that tomorrow. Another crime. after serving three years. it is not allowed. Question: Now. Jerry Catague. this is subject to the three-fold rule. Still another crime. if we are to let him serve the sentence one after the other. if all of them are of the same nature. and still another crime 5 months. So. you multiply that by 3. Now. I will serve the prision correccional. Ryan Reyes & Marilou dela Cruz 221 . the maximum stay in jail for a person should not exceed the most severe multiplied by 3. these are the instances where the penalties would not be served simultaneously. you are sentenced to 8 months. their accessory penalties. and that of perpetual absolute disqualification which the offender shall suffer even though pardoned as to the principal penalty. according to Article 41. Now suppose he will survive. Reclusion perpetua and reclusion temporal. another crime is 2 months. after 40 years. ACADCOM 2004: Antoinette Principe. What happens to the remaining years? Never mind it. Jerry Catague. If you will die earlier. One system is called "MATERIAL ACCUMULATION SYSTEM. Adding these all up totals two years. under the RPC. Zaldy Lu. Literally. you are prolonging.THE FRATERNAL ORDER OF ST. there is no such thing as imprisonment for life. you have to serve all of them. you should be released already. he should be released. after 40 years you should be released because of this provision. He was sentenced to 25 years of reclusion perpetua for every murder. When you reach a certain point. only two years. Jose Charito Cortez. you will die in jail of old age. unless the same shall have been expressly remitted in pardon. The minor penalties are deemed absorbed by the service of the highest penalty. which. So. it would be shorter than 50 years. Meaning. This is for the benefit of the convict. Iñigo & Atty Teodoro V. another crime is 6 months. The penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life or during the period of the sentence as the case may be. suppose a person was found guilty of five counts of murder. You only serve the highest penalty. If you will not die after serving them all. a penalty of one year for a crime. Our System is different form other Asian countries. you will be released. six years. Angel Question: What happens to the 1 year and 2 months? Answer: It is as if served already. Another system is called "JUDICIAL ACCUMULATION SYSTEM”. Ryan Reyes & Marilou dela Cruz 222 . the three-fold rule does not apply when the application of the rule will not benefit the convict. except the perpetual disqualification. Even if I will sentence you for 100 times of reclusion perpetua. it's ok. That is why every country has its own system of penalties. Therefore. even if it goes beyond the rest of your life. The total is 125 years." Meaning. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. If served one after the other. That is an instance of misapplication of the three-fold rule. such maximum period shall in no case exceed 40 years. Under the RPC. Joji Bernadette Ancog. Because this article is automatic. if you commit 2 or more crimes and you are sentenced to 2 or more penalties. So. But that is practically saying there is no hope for you. will be for the rest of your life. For example. So. which are recognized. There are 3 systems of penalties. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. instead of shortening. if we will apply the three-fold rule. Not. Alex Blaise Cunanan. applying the three-fold rule? No. because of the second to the last paragraph states. The third system is the "ABSORPTION SYSTEM". there is no such thing as perpetual imprisonment. RPC. So. Will he be released. 3 months and 1 month. if you will apply the three-fold rule. technically. ARTICLE 41. Jette Roy Sanchez. 5. Joji Bernadette Ancog. Iñigo & Atty Teodoro V. 2. RPC. The "absorption system" is manifested in Article 48 . ARTICLE 48. the rules prescribed in Article 61 shall be observed in graduating such penalty.THE FRATERNAL ORDER OF ST. The lower or higher penalty shall be taken from the graduated scale in which is comprised the given penalty. It is absorbed. ARTICLE 71. Let us compare the order of penalty with the graduation of penalty. Penalty for complex crimes. RPC. he should serve them in the order of severity.the penalty for the complex crimes. 1 1. In case in which the law prescribed a penalty lower or higher by one or more degrees than another given penalty. The accumulation system is evident in the first part of Article 70. So the 3 systems are all recognized in the RPC. 3. the same to be applied to its maximum period. shall observe the following graduated scales: Scale No. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. 2. The penalty for the complex crimes is based on the higher offense to be imposed in the maximum period. Jerry Catague. The courts. Zaldy Lu. Ryan Reyes & Marilou dela Cruz 223 . in applying such lower or higher penalty. 6. He should serve them simultaneously under the material accumulation system. Question: What happens to the penalty for the lower offense? Answer: No more. Death Reclusion Perpetua Reclusion Temporal Prision Mayor Prision Correccional Arresto Mayor ACADCOM 2004: Antoinette Principe. The judicial accumulation system is manifested in the 2 nd part of the Article 70 . That the maximum system should not exceed the most severe multiplied by 3 and in no case should a person be confined for more than 40 years. Graduated Scales. 1. the penalty for the most serious crime shall be imposed. Jose Charito Cortez. You only serve the highest penalty for the complex crime. 4. or when an offense is a necessary means for committing the other. Alex Blaise Cunanan. 3. Jette Roy Sanchez.the three-fold rule. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. That when the nature of penalties will not allow a continuous service. When a single act constitutes two or more grave or less grave felonies. Angel Question: Which of the 3 is recognized by the RPC? Answer: All of the 3 re recognized. the sentence of penalties from Mayor down is Arresto Menor and Destierro. So. It is now the accomplice who will be sentenced to arresto menor and the accessory will be for destierro. Joji Bernadette Ancog. The right to follow a Profession or Calling 4. and C are charged criminally. THOMAS MORE 7. I you will apply Article 70. Public Censure 5. For the second crime. the issue is successive service of sentence. the ACADCOM 2004: Antoinette Principe. Ryan Reyes & Marilou dela Cruz 224 . B as accomplice. the article to apply there is Article 71. the issue in the above problem is not that whether you are sentenced to two or more penalties. 3. Angel Destierro arresto Menor Public Censure Fine Scale No. Question: What penalty follows arresto mayor? Answer: The correct answer is under Article 70. whereas in Article 70.THE FRATERNAL ORDER OF ST. whereas C. The Right to Vote and to be Voted for. For one crime.what is one degree or two degrees lower. the answer is: B as an accomplice should be sentenced to the penalty of destierro. all of them are found guilty. Jerry Catague. What is the penalty for B as an accomplice and C as an accessory? What article do we have to apply there? Article 70? Or Article 71? So. Fine In Article 70. 2. Zaldy Lu. Question: Is there a conflict between these two articles? Answer: There is no conflict because these 2 are talking of 2 different topics. the issue there again is the graduation of penalty and not the successive sentence. it is arresto menor followed by destierro. Next. because the issue is graduation . Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. It's in the reverse. the court sentenced him for 6 months or arresto mayor. If you will look at article 71. So. Jose Charito Cortez. 8. as an accessory. Iñigo & Atty Teodoro V. based on that. Example: A. it is reversed. and C as accessory. but the issue is what is one degree or two degrees. Alex Blaise Cunanan. 2 1. In Article 71. A is charged criminally for three separate offenses. So. The penalty for A is arresto mayor. 10. since that is the problem. should be sentenced to arresto menor. whereas in Article 71. A as principal. 9. there are differences. and he was found guilty in all of the crimes. Suppose. Jette Roy Sanchez. it is destierro followed by arresto menor. the issue is graduation of penalties. B. Perpetual Absolute Disqualification Temporal Absolute Disqualification Suspension from Public Office. CRIMINAL LAW 1 – Dean Hildegardo F. respectively. After that. Alex Blaise Cunanan. Question: Are fines divisible into periods? Minimum. he was sentenced to 5 day of arresto menor. Obviously. Iñigo & Atty Teodoro V. So. Fines are not divisible into periods. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. and for the third crime. while arresto menor is a light penalty. ARTICLE 66.THE FRATERNAL ORDER OF ST. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. he has to serve 5 days of Arresto Menor. why is that in Article 71. RPC: Increasing or reducing the penalty of fine by one or more degrees. each one shall form period. but more particularly to the wealth or means of the culprit. Whenever it may be necessary to increase or reduce the penalty of fine by one or more degrees. Very simple. So. not only to the mitigating and aggravating circumstances. this answer depends on what the question is. ARTICLE 75. medium or maximum? Answer: NO. Answer: So. In imposing fines. Why? Answer: Destierro is a correccional penalty and does not involve the imprisonment. the lightest of them shall be the minimum the next the medium and the most severe the maximum period. he has to serve first the penalty of 6 months of arresto mayor. is more severe than a penalty. it is the reverse? Arresto Menor. Jette Roy Sanchez. Our common sense will tell us that the penalty. The same rules shall be shall be observed with regard of fines that do not consist of a fixed amount. but that is the succession of sentences. Imposition of fines. 1 degree higher? How do they graduate fine by degrees? Answer: It is found in Article 75. Question: Why is it that Article 70. for each degree. Jerry Catague. we will not apply Article 71 because what is asked is service of sentence. but only banishment. by one-fourth of the maximum amount prescribed by law. changing the minimum. the courts may fix any amount within the limits established by the law. When the penalty is a complex one composed of three distinct penalties. without however. Question: Now. After that. Question: How will A serve these penalties? That is not graduation. which consists in the deprivation of freedom. Angel court sentenced him for 6 years of destierro. Zaldy Lu. ARTICLE 77. which is a light penalty comes first before destierro which is correccional penalty. Jose Charito Cortez. but re made proportional. In cases in which the law prescribes a penalty composed of three distinct penalties. Ryan Reyes & Marilou dela Cruz 225 . Joji Bernadette Ancog. a correccional penalty ranks higher than a light penalty. destierro is higher than arresto menor? Answer: It is because destierro is a correccional penalty. he will now serve the penalty of destierro. it shall be increased or reduced. which is not confinement. Question: Can they be graduated into degrees? 1 degree lower. ACADCOM 2004: Antoinette Principe. fixing the amount in each case attention shall be given. Question: What do you mean by degree. In effect there are 3 penalties. last paragraph. Angel Whenever the penalty prescribed does not have one of the forms specially provided for in this Code. but in one penalty. you can apply the effect of mitigating or aggravating circumstances under Article 64. This definition sounds correct. Jette Roy Sanchez. Prision mayor. but it is wrong. If there is aggravating. that is another degree. Treason may be committed by a Filipino citizen or a resident alien. the penalty should be reclusion perpetua. the medium. Alex Blaise Cunanan. Question: Is that divisible? Answer: Yes. For example. reclusion temporal. but residing in the Philippines. It is the penalty prescribed by law for the offense. a complex penalty is a penalty composed of three distinct penalties each one shall form a period. Ryan Reyes & Marilou dela Cruz 226 . Like for example. last paragraph. Question: Suppose. The best example is the penalty for the crime committed by a resident alien. That is one degree. According to article 77. which is based on the higher offense to be imposed on its maximum period. With that. what is the penalty for that crime? Answer: The penalty for a resident alien who commits treason is reclusion temporal to death. Joji Bernadette Ancog. another degree. Question: What is a period? Answer: A period is 1/3 portion of the divisible penalty. reclusion temporal. under Article 77. So. the penalty should be in the range of reclusion temporal. If there is no mitigating. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. and the most severe is the maximum. Under Article 114. the lightest of them shall be the minimum. there are 3. A complex penalty has nothing to do with complex crime.THE FRATERNAL ORDER OF ST. there are 3 parts:  Reclusion temporal maximum ACADCOM 2004: Antoinette Principe. under Article 114. Prision correccional. Iñigo & Atty Teodoro V. the periods shall be distributed applying by analogy the prescribed rules. And if there is mitigating and no aggravating. the alien will be sentenced to death. Zaldy Lu. that is divisible penalty. Question: What is a complex penalty? Answer: a complex penalty is a penalty prescribed by law for a complex crime. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Jose Charito Cortez. Jerry Catague. a person who committed treason is an alien. Question: What is the maximum period? The minimum? Answer: According to Article 77. and what do you mean by a period? What do you mean by a degree under the law on penalty and what do you mean by a period? When is a period considered a degree and when is a degree considered a period? Answer: A degree is a given penalty. The next. Angel Reclusion temporal medium Reclusion temporal minimum Whenever the penalty prescribed does not have one of the forms specially provided for in this Code. Jette Roy Sanchez. a Crime punishable by reclusion temporal in its maximum period. Reclusion temporal is still another degree. Zaldy Lu. the medium is one degree lower. Jerry Catague. That is why. But in situations enumerated in Article 77. So. This is when a period becomes a degree. in determining what is one degree lower under Article 61. Question: When is degree treated as a period? Answer: Death is normally is one degree. THOMAS MORE   CRIMINAL LAW 1 – Dean Hildegardo F. Question: When is a period treated a degree? And when is degree treated as a period? For example. Reclusion temporal medium is another period. reclusion temporal is a degree. That is why. ACADCOM 2004: Antoinette Principe. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. but a degree. Jose Charito Cortez. it will have its own period. Answer: For that crime. reclusion temporal maximum is a period. the periods shall be distributed applying by analogy the prescribed rules. Joji Bernadette Ancog. Ryan Reyes & Marilou dela Cruz 227 . That is not a degree. Iñigo & Atty Teodoro V. the three of them together as one and each part is a period. reclusion temporal maximum is not a period.THE FRATERNAL ORDER OF ST. Alex Blaise Cunanan. the provisions of the second paragraph of circumstance no. 1 or Article 12 being observed in the corresponding cases. the accused becomes insane. Ryan Reyes & Marilou dela Cruz 228 . He ACADCOM 2004: Antoinette Principe. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Jette Roy Sanchez. If at any time the convict shall recover his reason. not with any other circumstances or incidents than those expressly authorized thereby. Question: When will the execution of the penalty be suspended? What is the ground for suspending a penalty? Answer: According to Article 79. Iñigo & Atty Teodoro V. the time of its performance and other incidents therewith. Joji Bernadette Ancog. No penalty shall be executed except by virtue of a final judgement. in the course of serving the penalty or the portion of the penalty. Jose Charito Cortez. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Alex Blaise Cunanan. the relations of the convicts among themselves and other persons. ARTICLE 79. The regulations shall make provisions for the separation of the sexes in different institutions. Suspension of the execution and service of the penalties in case of insanity. Angel Chapter Five Execution and Service of Penalties Section One General Provisions ARTICLE 78. In case of an appeal. Zaldy Lu. Jerry Catague. the relief which they may receive and their diet. When and how a penalty is to be executed. When a convict shall become insane or an imbecile after final sentence has been pronounced. the execution of the said sentence shall be suspended only with regard to the personal penalty. the special regulations prescribed for the government of the institutions in which the penalties are to be suffered shall be observed with regard to the character of the work to be performed. you cannot force the accused to serve his sentence. A penalty shall not be executed in any other form than that prescribed by law. In addition to the provisions of the law. The respective provisions of this Section shall be observed if the insanity or imbecility occurs while the convict is serving the sentence. unless the penalty shall prescribed in accordance with the provisions of this Code. or at least into different department and also for the correction and the reform of the convicts. We do not penalize in a penal institution the person who becomes insane. his sentence shall be executed. We have to wait that the judgement will become final.THE FRATERNAL ORDER OF ST. Question: But can we proceed for the trial of this guy? Answer: Definitely. When and how the death penalty is to be executed. like the manner of execution . This article is already amended. Joji Bernadette Ancog. But some of the parts are still true. he has to continue serving penalty. he became insane after the information was filed. in Rule 116. we cannot. but when he is charged in court. The death sentence shall be executed with reference to any other and shall consist in putting the person under sentence to death by electrocution. If the person under sentence so desires. he was normal. but after he was arraigned.from electrocution to lethal injection. The law says the death sentence shall be executed with preference to any other. He is no longer exempted. it will violate his right to defend himself. Alex Blaise Cunanan. Question: Now what happens if the accused was sane. what is the effect? Answer: Under Criminal Procedure. that is a ground for the suspension of an arraignment of the accused on the ground of insanity. So.THE FRATERNAL ORDER OF ST. It is a ground to suspend the execution or service of the penalty. Unless he will be pardoned by the President or commute his sentence. Within 1 year. Question: State the legal effects of insanity of the accused. The death sentence shall be executed under the authority of the Director of Prisons. Angel should be brought to the mental hospital for the recovery of his insanity. The death sentence should be carried out not later than 1 year after the judgement has become final. Meaning. going down to the less severe. endeavoring so far as possible to mitigate his sufferings of the person under sentence during the electrocution as well as during the proceedings prior to the execution. Ryan Reyes & Marilou dela Cruz 229 . you start at the most severe. Suppose. it should be carried out. his rights will be violated if we will continue the trial. Zaldy Lu. ARTICLE 81. And once he recovers. This jibes well with Article 70. When it will take effect? When did he become insane? When he is insane at the time he commits a crime. And ACADCOM 2004: Antoinette Principe. Jette Roy Sanchez. he is exempt. In executing 2 or more penalties. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. he becomes insane. he became insane when he was already sentenced? What is the effect? Answer: Article 79. he become insane? Answer: That is a ground to suspend the trial until he recovers because otherwise. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. he shall be anaesthetized at the moment of electrocution. Answer: The answer should be based on the questions. Question: So. And he is not competent to testify. Iñigo & Atty Teodoro V. Jerry Catague. Jose Charito Cortez. there will be no prolonged delay. So. Question: Suppose. to present his evidence. Zaldy Lu. Each of them was charge four times. You are not only liable for raping the victim.THE FRATERNAL ORDER OF ST. that is a simultaneous service of the four penalties. Alex Blaise Cunanan. In all cases where the death sentence has become final. Question: When should the death penalty be suspended? ACADCOM 2004: Antoinette Principe. Angel therefore. the convict is not really spared from death even if pardoned because there are still three death penalties to be observed. and you are lethally injected. each of them should be sentenced to death 4 times because they have been found guilty of rape for four counts. were charged with rape of Maggie de la Riva. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. The trial court said that legally speaking. Ryan Reyes & Marilou dela Cruz 230 . the court sentenced them to death only once. is a check on the pardoning power of the president. nor upon ant person over 70 years of age. and 5 days for arresto menor. unless it is not possible. He might risk only once. but since they have only one life to give. JOSE Facts: Four boys. the records of the case shall be forwarded immediately by the Supreme Court to the Office of the President for possible exercise of the pardoning power. The death sentence shall not be inflicted upon a woman within the 3 years next following the date of the sentence or while she is pregnant. Jette Roy Sanchez. All of them were meted the penalty of death penalty. Jose Charito Cortez. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Suspension of the execution of the death sentence. ARTICLE 83. the death sentence shall be commuted to the penalty of reclusion perpetua with the accessory penalties provided in Article 40. each of them should be sentenced to death four times. It can be carried out four times because under Article 70. the court cannot sentence them four times. who is this kind of president who will risk his neck and political popularity four times to you? He will not risk his reputation before the Filipino people by pardoning the convict. One rape is one death penalty. So. When you are sentenced to four death penalties. you do not start with arresto menor going to death. Thus. It has the effect when the President pardons a convict. So. if he deserves it. but also to the other rape where you helped your co-accused. one of them a Bosconian. the court is saying that despite the fact that they deserved to be sentenced for four times. he will serve them SIMULTANEOUSLY. all of them were found guilty by the trial court. Joji Bernadette Ancog. The other three death penalties are not useless. when a person is sentenced to two or more penalties. Held: The Court on appeal affirmed the decision and sentenced them to death four times. The president has to pardon the convict to be spared from the death penalty. So. This provision about sentencing a person for two or more death penalties. Iñigo & Atty Teodoro V. Now. To say that the four penalties could not be carried out because it is impossible to carry out 4 times is also wrong. Jerry Catague. if a person is sentenced to death for one crime. PEOPLE vs. In this last case. That is the law on multiple rape. let us kill her with impunity. when the accused is over 70 years of age. Question: Now which is which? Will it be a permanent reprieve from a death penalty under Article 47. When the convict is over 70 years old. his minority could either be mitigating or Privileged mitigating. it will not be commuted. in which case the penalty shall be reclusion perpetua. it will be commuted to reclusion perpetua. the reprieve or suspension. ARTICLE 47. Joji Bernadette Ancog. Jette Roy Sanchez. it will have the effect of the privilege. which shall not be more than 250 and not less than 25 kilometers from the place designated. You are safe when the judgment becomes final.let us not kill the fetus. in that case. or will there be a suspension? Is there a conflict between Article 47 and Article 83? Answer: It could be both.Let us allow her to nurse the child. But the president has to commute it. when the accused is over 70 years of age. In what cases the death penalty shall not be imposed. Old age could never be a privileged mitigating. In Article 83. Ryan Reyes & Marilou dela Cruz 231 . who is below 18 years of age. Question: When a minor. Except only when a person over 70 years of age will be sentenced to death and because of Article 47. So there will only be suspension of sentence. But that’s the only instance. There should be an automatic commutation to reclusion perpetua. If he is sentenced to reclusion perpetua. Suppose you were 69 years old when the lower court convicted you. Under Article 47. how do you compare Article 47 from Article 83? Answer: In Article 47. While we are waiting for his official act. after she delivered the baby.THE FRATERNAL ORDER OF ST. ARTICLE 87. So. not the child. 3. Jerry Catague. You appealed but it was affirmed. It is the mother who is guilty. Destierro. it is not automatic. Zaldy Lu. it has to be commuted automatically to one degree lower. Jose Charito Cortez. except when the impossible penalty is death. Alex Blaise Cunanan. A woman within 1 year after delivery . Angel Answer: There are 3 instances: 1. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Because under Article 47. The death penalty shall be imposed in all cases in which it must be imposed under existing laws. ACADCOM 2004: Antoinette Principe. it should be commuted to reclusion perpetua. Question: Now. Any person sentenced to destierro shall not be permitted to enter the place or places designated in the sentence. Is it ordinary mitigating or privileged mitigating? Answer: Under Article 13. RPC. Iñigo & Atty Teodoro V. the execution will be suspended. 2. It is not considered as privileged. or is more than 70 years of age or when upon appeal or automatic review of the case by the Supreme Court. except when the guilty person is below 18 at the time of the commission of the crime. How about 70 years old. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. After 1 year. he should not be sentenced to death. the death penalty should be suspended. over 70 is only ordinary mitigating. That is how to reconcile Article 47 and Article 83. the required majority vote is not obtained for the imposition of the death penalty. If the woman is pregnant . nor with in the radius therein specified. ACADCOM 2004: Antoinette Principe.THE FRATERNAL ORDER OF ST. taking into consideration the health of the offender and other reasons which may seem satisfactory. or even in the residence of the accused. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Jette Roy Sanchez. Question: Where will you serve it? Answer: They do not bring you to the Davao Penal Colony for one day. The penalty of arresto menor shall be served in the municipal jail. Jose Charito Cortez. under the surveillance of the police officer. Jerry Catague. or in the house of the defendant himself under the surveillance of an officer of the law. It could be served in the city jail. when the court so provides in its decision. or even in the residence of the accused. not less than 25 kilometers. Zaldy Lu. The court will tell you that you are not allowed on that particular place. Ryan Reyes & Marilou dela Cruz 232 . under the city jail. ARTICLE 88. or in the municipal jail. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. It is not less than 6 months and 1 day to 6 years. Iñigo & Atty Teodoro V. Arresto menor. it is a correccional penalty. which has the same duration as prision correccional. or in the municipal jail. But the judge will have to provide for a valid reason. within that particular period (6 months and 1 day to 6 years). Joji Bernadette Ancog. Alex Blaise Cunanan. Angel Question: How do you classify destierro? Answer: Actually. Question: What is that radius? Answer: The court will specify that you are not allowed to enter the radius of not more than 250 kilometers or the minimum. And then. as principal. Second. after you have determined the maximum. could be properly imposed under the rules of the said Code. the court should determine the maximum. accomplice or accessory to the crime. Now. Jerry Catague. are the privileged mitigating circumstances? The application of Articles 68 and 69. Jose Charito Cortez. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Ryan Reyes & Marilou dela Cruz 233 . Question: What is the procedure? Answer: First. whether it is frustrated or attempted. and if the offense is punished by another law. Jette Roy Sanchez. in view of the attending circumstances. So. ACADCOM 2004: Antoinette Principe. two degrees. Joji Bernadette Ancog. Question: What happens with the medium period? Answer: There is no such thing as a medium sentence because the word maximum here does not carry the same meaning as maximum period in divisible penalties. EXAMPLE: A is accused of Homicide. Whether the accused is a principal. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Hereafter. impose the proper penalty under the RPC and Indeterminate Sentence Law. Iñigo & Atty Teodoro V. You have to exhaust first all known provision of the RPC in finding the maximum sentence. you have to apply graduation of penalties . You do not look for the minimum and then go to the maximum. He was found guilty. the next step is to determine the minimum sentence. There was also no aggravating.one degree. There should be a maximum and a minimum. Zaldy Lu. a sentence should cover a certain range. You take into consideration what is the penalty for the crime. the maximum term of which shall not exceed the maximum term fixed by said law and the minimum shall not be less than the minimum term prescribed by the same. Section 1 states that the application of the Indeterminate Sentence Law is mandatory. There was no mitigating circumstance in his favor.THE FRATERNAL ORDER OF ST. or its amendments. This is done by applying the RPC. the court shall sentence the accused to an indeterminate sentence the maximum period of which shall be that which. Question: What is the consideration? Answer: There are so many. Angel INDETERMINATE SENTENCE LAW ACT 4103 SECTION 1. in imposing a prison sentence for an offense punished by the Revised Penal Code. What the law says is if a person is found guilty of a crime. You have to look first for the maximum before you look for the minimum. And then. the court shall sentence the accused to an indeterminate sentence. the application of ordinary mitigating…in Article 64. and the minimum which shall be within the range of the penalty next lower to that prescribed by the Code for the offense. Alex Blaise Cunanan. should we not divide prision mayor also into 3 parts . Here. Iñigo & Atty Teodoro V. As judge. Alex Blaise Cunanan. So what is the penalty next lower in degree to reclusion temporal? It is prision mayor. Jette Roy Sanchez. there is no aggravating. the minimum should also be within the range of prision mayor medium? Answer: NO. So it would be 6 years and 2 days. I will sentence you to 14 years 8months and 1 day because I'm very liberal. The next step will be finding the minimum. Jose Charito Cortez. That is the worst. In other words. Question: Since there is no mitigating. Ryan Reyes & Marilou dela Cruz 234 . And what is the range of prision mayor? It is 6 years and 1 day to 12 years. What will the penalty? Answer: Applying Article 64. That will now be a penalty. ACADCOM 2004: Antoinette Principe. Angel So we will find out in the case of homicide the penalty is reclusion temporal with its 3 periods: Minimum Medium Maximum : : : 12y 1d 14y 8m 1d 17y 4m 1d to to to 14y 8m 17y 4m 20y So. Or any combination in between. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Jerry Catague. That will now be maximum sentence. Article 64 is only for the maximum. the penalty should be within the medium. Question: What is the minimum? Answer: The same answer. Zaldy Lu. up to 12 years. That will be 6 years and 1 day of prision mayor as minimum. the discretion of the judge is wider . The law says that you must now impose the minimum within the range of 6 years and one day. The law says that the minimum should be within the range of the penalty next lower in degree. maximum? Meaning if the maximum is with the range of reclusion temporal medium. But you can impose upon him 17 years and 4 months. 8 months and 1 day. That is the best. the court says. The best thing is 12 years and 1 day as maximum. the penalty should be within the minimum period. Joji Bernadette Ancog. you now have to impose the exact numbers . if there is a mitigating circumstance. etc.minimum. Applying the RPC.the range of the entire penalty without regard to any period. I will give you now 6 years and 1 day of prision mayor to 14 years 8 months and 1 day or reclusion temporal. Question: Suppose A was found guilty of homicide with one mitigating circumstance. we will determine.. So the best thing that you can get is the indeterminate sentence ranging from 6 years and 1 day of reclusion temporal as maximum. the months and the days. You can give him 14 years.THE FRATERNAL ORDER OF ST. for example. So. Homicide is punishable by reclusion temporal and in the problem there is neither mitigating nor aggravating. Now we will say that the court will give him the best thing. medium.12 years of prision mayor as minimum to 17 years and 4 months of reclusion temporal as maximum.the years. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Or the worst thing . When paroled. You are only a candidate for parole. supposed 6 years and 1 day have passed. You will be released through parole. the government is benefited. Question: What happens after 6 years and 1 day? Can you demand a release? Answer: NO. At least you can enjoy with the society. It will depend now on how you behave. It will now become 17 years. That is the exact language of the SC. But you have to comply with certain conditions. apply Article 74 to the maximum of the reclusion temporal. That is the meaning of the Indeterminate Sentence Law. Jette Roy Sanchez. Jerry Catague. you will be considered. Zaldy Lu. There you will be released because you have reached you maximum. under the Indeterminate Sentence Law. Remember that you will not be automatically paroled. It would lessen the inmates in the jails thereby lessening mouths to feed and decongesting prisons. Example: A is sentenced to 6 years and 1 day of prision mayor as minimum to 17 years and 4 months of reclusion temporal as maximum. look for a job and feed his family. the individual even during his sentence can be useful to society. Question: How do you determine the maximum? Answer: By applying all the applicable provisions of the RPC.6 years and 1 day. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. If for example during the 6 years and 1 day your record is very bad. the minimum you re now qualified for parole. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. ACADCOM 2004: Antoinette Principe. If you go to the Board of Pardon and Parole. the purpose of Indeterminate Sentence Law is to uplift and redeem the value of all human material and to prevent unnecessary and excessive deprivation of personal liberty and economic usefulness. Jose Charito Cortez. but can mix with the community. Question: So what is 6 years and 1 day for? Answer: When you reach 6 years and 1 day. Docusin. Iñigo & Atty Teodoro V. do not start from the minimum period going up to maximum period because the maximum might still go down or go up. Now. To simplify this. There is only a minimum under the Indeterminate Sentence Law. You cannot demand such because that is not really you sentence. But whether you are paroled or will depend also on your stay with 6 years and 1 day. 4 months and 1 day to 2 years and the minimum is the same . The real penalty is 17 years and 4 months. It is now the 7 th years and no parole yet I favor for you until the 7th year. Alex Blaise Cunanan. you cannot be paroled. Now. Angel Or if there is an aggravating circumstance. you will be arrested to finish your sentence. Question: What is the purpose for this? Answer: According to the SC in the case of People vs. Joji Bernadette Ancog. Ryan Reyes & Marilou dela Cruz 235 .THE FRATERNAL ORDER OF ST. he is not anymore in jail. You are now serving. If you violate the conditions. And also for this reason. Your sentence is 17 years and 4 months. under the Indeterminate Sentence Law. But there are 4 mitigating circumstances offsetting the aggravating circumstances of nocturnity. The trial court appreciated the following modifying circumstances. the problem says there is one aggravating. But suppose there is no aggravating circumstance and there are four mitigating circumstances. since there are 4 mitigating. what will be our starting penalty? Prision mayor or Reclusion Temporal? Lower the penalty by one degree because of Article 68(2). no intent to commit so grave a wrong as that committed. Meaning the maximum should be within the range of prision mayor. impose the proper penalty under the RPC and under the Indeterminate Sentence Law. he voluntarily surrendered to the authorities. So. So. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. IT is not necessary for you to give the precise number of years. the range of which is 12 years and 1 day to 20 years. applying Article 64. However. you only apply the provision that it should be within the minimum period. ACADCOM 2004: Antoinette Principe. And after its commission. Answer: Determine the maximum by applying all the known provision of the RPC on penalties. And now. There is a danger if you start determining the penalty from the minimum going up.because Article 64(5) says if there are two mitigating without any aggravating xxxx. That is the correct application of the Indeterminate Sentence Law. Applying Article 64(5). Jerry Catague. Zaldy Lu. it is established during trial that he was only 17 years old at the time he committed the crime. Iñigo & Atty Teodoro V. Alex Blaise Cunanan. determine the proper penalty to be imposed on the accused. Then impose the proper penalty under the RPC and the Indeterminate Sentence Law. and the minimum should be within the range of prision correccional. Therefore. the proper penalty should be within the range of prision mayor. The imposable penalty for homicide is reclusion temporal. Question: Taking into account the attendant aggravating and mitigating circumstances and applying the Indeterminate Sentence Law. PROBLEM: Vhenigna Vangkhiyud was convicted of homicide. Angel PROBLEM: X is accused of a complex crime of homicide with less serious physical injuries. it goes down to Prision Mayor. Jose Charito Cortez. The aggravating circumstance of nocturnity and the mitigating circumstance of passion and obfuscation. illiteracy and voluntary surrender. the penalty should be lower boy one degree. Therefore. I will fix the penalty 1 degree lower . THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Ryan Reyes & Marilou dela Cruz 236 . Even if you still have a balance of three. Well. Based on these facts. Joji Bernadette Ancog.THE FRATERNAL ORDER OF ST. the maximum penalty should be within the range of reclusion temporal. IT is enough if you will just say within the range of reclusion temporal minimum. With one aggravating and four mitigating. plus the fact that he entered a plea of guilty upon arraignment. the penalty next lower in degree anywhere within the range of the entire penalty. there is a balance of 3 mitigating in favor of the offender. You do not have to say how many years. Take note that homicide is punishable by reclusion temporal. Less serious physical injuries are punishable by arresto mayor.prision mayor . Question: What is the rule? Answer: First look for the maximum…He is accused of a complex crime of homicide with less serious physical injuries. You should start from the maximum going down. Jette Roy Sanchez. with the penalty prescribed by law for each. the penalty is reclusion perpetua. for as long as it does not go down to less that one. Or one year as minimum to four years as maximum. That's it. According to section 1 xxxx if the offense is punished by another law. So. Ryan Reyes & Marilou dela Cruz 237 . THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. the sentence will be within that period. Jerry Catague. There are no more degrees lower or higher. Obviously. sedition or espionage. and the minimum should also be within that range. to those convicted of treason. rebellion. the court will just imposed the straight penalty only the maximum without any minimum. Jose Charito Cortez. There is no such thing as reclusion perpetua as minimum and death as the maximum. Question: Give an example of a penalty found in special laws. to those whose maximum term of imprisonment does not exceed one year. the maximum term of which shall not exceed the maximum term fixed by said law and the minimum shall not be less than the minimum term prescribed by the same. except as provided in Section 5 thereof. it is easier to apply the Indeterminate Sentence Law to crimes punished by special laws. to those who having been granted conditional pardon by the Chief Executive shall have violated the terms thereof. ACADCOM 2004: Antoinette Principe. So obviously. In other words. As a matter of fact. for the purpose of the Indeterminate Sentence Law. to those who are habitual delinquents. it will sentence you to the maximum. to those convicted of piracy. the convict has no chance of being paroled or commutation. upon conviction be punished by imprisonment ranging form 1 year to 5 years. the SC. You are hereby sentenced to reclusion perpetua without any minimum. the court will just simply say. This Act shall not apply to person convicted of offenses punished with death penalty or life imprisonment. Anywhere between one to five. to those who shall have escaped from confinement or evaded sentence. Zaldy Lu. Joji Bernadette Ancog. For penalties under special laws. by practice. Suppose. to those convicted of misprision of treason. That is not prision correccional. However. Or if the person is sentenced to life imprisonment. or exceed five. SECTION 2. Iñigo & Atty Teodoro V. Just fix it anywhere within the prescribed penalty. conspiracy or proposal to commit treason. life imprisonment is not the same as reclusion perpetua. no such thing as one degree lower. Angel Question: Is the Indeterminate Sentence Law applicable to crimes punished under special laws? Answer: YES. not to those already sentenced by final judgment at the time of approval of this Act. Jette Roy Sanchez. there is no such thing as periods. Alex Blaise Cunanan. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. These are out of the question. They will just impose it without a minimum penalty. This is easier. when a person is sentence to reclusion perpetua. Under the Indeterminate Sentence Law. has considered life imprisonment and reclusion perpetua as analogous because. the court shall sentence the accused to an indeterminate sentence.THE FRATERNAL ORDER OF ST. I can say one year as minimum to five years as maximum. the maximum would be anywhere within that range. One year to five years. Answer: Anyone who is found guilty of violation of this Act shall. Jette Roy Sanchez. or life imprisonment.      To those convicted of treason. after the mitigating circumstance re applied. Joji Bernadette Ancog. if however. Zaldy Lu. sedition or espionage. the ISL will apply. even if the penalty is very low. for example. since the crime is punishable by death or life imprisonment. Iñigo & Atty Teodoro V. a person commits a crime punished by reclusion perpetua to death. Since the penalty is now reclusion temporal. Because since the penalty will be lowered by one degree. Question: Is he entitled to the benefit of the Indeterminate Sentence Law? That the range must be within the period of prision mayor and reclusion temporal? PEOPLE vs. The other exceptions are based on the following. rebellion. the penalty will be lowered. still you are not entitled to minimum sentence. reclusion perpetua or life imprisonment. you are now entitled to the ISL. Alex Blaise Cunanan. Question: What is the difference between the two cases? Answer: In the Roque case. the actual penalty is not death or perpetua. which upheld the older ruling. Even if the penalty imposed is not death or life imprisonment. So the imposable penalty is at most 20 years. the Indeterminate Sentence Law is applicable because the imposable penalty is not death. ROQUE The SC applied the Indeterminate Sentenced Law despite the fact that the accused committed a capital offense. Jose Charito Cortez. the SC considered the penalty to be imposed. Even if the crime is punished by death or life imprisonment. If you are accused of these crimes. conspiracy or proposal to commit treason. The crime is a heinous crime. because the law says persons convicted of offenses punishable with the death penalty. The crime punishable by death. Even is the crime is punishable with the death penalty or perpetua. the SC will give him the benefit. Jerry Catague. he is entitled to a privileged mitigating circumstance. It will go down to reclusion temporal. the penalty went down to reclusion temporal. Question: Which of the two is correct? Answer: There are many other cases.THE FRATERNAL ORDER OF ST. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. not the penalty prescribed for the crime. To those convicted of piracy. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. which came after that. The benefit of the law does not apply to certain crimes. Held: The SC did not apply the ISL because this is covered by the exception. To those who are habitual delinquents. But in the case of Conman. CONMAN Facts: A person is accused of murder punishable by death. Ryan Reyes & Marilou dela Cruz 238 . To those convicted of misprision of treason. if the imposable penalty. To hose who shall have escaped from confinement or evaded sentence. But since. PEOPLE vs. the imposable penalty is reclusion temporal. ACADCOM 2004: Antoinette Principe. will not be perpetua to death. Angel For example. like prision correccional. reclusion perpetua but because of privileged mitigating circumstances. To those whose maximum term of imprisonment does not exceed one year. It is when you exceed one year that the law will apply. Zaldy Lu. Not to those already sentenced by final judgement at the time of approval of this Act. Jerry Catague. Alex Blaise Cunanan. if you are charged with arresto menor. Jose Charito Cortez. Joji Bernadette Ancog. It is only the national penitentiary. Jette Roy Sanchez. the ISL will not apply. In the first place. definitely. Another exception not found in the law is when the principal penalty to be imposed is suspension or destierro. it's the same. Ryan Reyes & Marilou dela Cruz 239 . Even in arresto mayor. That is straight. there is no ISL there. It is absurd to say that the minimum penalty is 1 month of arresto menor and the maximum is 5 years of destierro. Destierro does not involve imprisonment. there is no Board of Pardon in the city jail. except as provided in Section 5 thereof. So. THOMAS MORE    CRIMINAL LAW 1 – Dean Hildegardo F. Angel To those who having been granted conditional pardon by the Chief Executive shall have violated the terms thereof.THE FRATERNAL ORDER OF ST. ACADCOM 2004: Antoinette Principe. Question: How about prision correccional (6 months and 1 day to 6 years)? Answer: If the penalty is six months and 1 day to 1 years. Because 1 degree lower than destierro is arresto menor. Iñigo & Atty Teodoro V. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. after it shall have convicted and sentenced a defendant. Ryan Reyes & Marilou dela Cruz 240 . Grant of probation. Iñigo & Atty Teodoro V. suspend the execution of the sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best. the court will suspend your sentence. With the minor. The filing of the application shall be deemed a waiver of the right to appeal. then you serve your sentence. Provided. there is a city probation officer. They are also covered by that. Alex Blaise Cunanan. Subject to the provisions of the Decree. in the same manner that a minor proves to reform. So. An order granting or denying probation shall not be appealable. subject to certain conditions. Provision may be granted whether the sentence imposes a term of imprisonment or a fine only. the suspended sentence will be forgotten. That is what the Probation Law is all about. but also including those who have been sentenced to pay fine with subsidiary imprisonment in case of insolvency. the case will be referred to the Probation Administration. as amended Question: How do you describe probation? Answer: Probation is simply the law on suspended sentence for adult offenders. the Probation Law applies not only to people who are sentenced to imprisonment. the court will refer him to the DSWD. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. That should also be applied to adults. Because we cannot deny the fact that not everybody is a natural-born criminal. So.THE FRATERNAL ORDER OF ST. We call him the probationer. it is too harsh that you have no choice but to go to jail. This is the counterpart of PD 603. ACADCOM 2004: Antoinette Principe. provincial probation officer for case study and recommendation. Jette Roy Sanchez. In the same pattern that the child will apply for suspended sentence with the court. Forget about your sentence. which disqualifies you. When we commit a mistake only once. Zaldy Lu. Actually. An application for probation shall be filed with the trial court. Jose Charito Cortez. If you break the conditions. With the adult. which is the law on suspended sentence for youthful offenders. the convict adult must also apply for probation. It is awkward that only minors are entitled to suspended sentence. You are a free man. we can call PD 603 as the probation law for youthful offenders. In the same manner. and upon application by said defendant within the period of perfecting an appeal. then you pass. If the recommendation is favorable and there is nothing in law. that no application for probation shall be entertained or granted of the defendant has perfected the appeal from the judgement or conviction. Jerry Catague. If you do not break the conditions during the period of probation. SECTION 4. Joji Bernadette Ancog. Angel PROBATION LAW OF 1976 PD 968. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. the trial court may. THOMAS MORE options: CRIMINAL LAW 1 – Dean Hildegardo F. within 15 days. SECTION 9. And you must apply for probation within the period to appeal. when I am found guilty and the judgement become final. You cannot apply for probation after 15 days. Jerry Catague. then you stake your future in that appeal. You are accepting the correctness of the decision. Convicted by subversion. The important thing is that he is not availing of both. In the event that your conviction is affirmed. Appeal. YUSI VS. MORALES 121 SCRA 653 Facts: The accused was convicted. When you file a petition for probation. Alex Blaise Cunanan. d. Who have previously been convicted by final judgement of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than P200. or Apply for probation. and provided he does one of the two within 15 days. through his lawyer he sought to withdraw his application. b. one important point about Section 4 is that when you are convicted in a court you have two 1.THE FRATERNAL ORDER OF ST. who are already serving sentence at the time the substantive provision of this Decree became applicable pursuant to Section 33 hereof. Instead. ACADCOM 2004: Antoinette Principe. Iñigo & Atty Teodoro V. What the lawyer did was. Question: Can I appeal later on. Probation and appeal cannot go together. He can change his mind. So. Jose Charito Cortez. Sentenced to serve a maximum of imprisonment of more than 6 years. Probation and appeal are both for the benefit of the accused. You choose between the two. The court a quo said that he could not do that anymore because under Section 4. The choice is not irrevocable so long as it is done within 15 days. he applied for probation. Held: The trial court is wrong. from the moment he filed an application for probation. Disqualified Offenders. you cannot have your cake and eat too. the accused changed his mind. 2. Joji Bernadette Ancog. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Jette Roy Sanchez. Who have been once on probation under the provision of this Decree. you are automatically waiving you right to appeal. c. Now. Zaldy Lu. The benefits of this Decree shall not extend to those: a. If you appeal. Ryan Reyes & Marilou dela Cruz 241 . Four or five days after the date of the application. or any crime against the national security or the public order. then you cannot say that you will now apply for probation. Angel Now. and. apply for probation? Answer: Under the law. he would file a notice of appeal. you go to jail. he is waiving his right to appeal. 000. PROBLEM: In case of violation of Section 8 of RA 6425 (Dangerous Drugs Act). those who re sentenced to prision mayor up are disqualified. Angel Question: Who are disqualified offenders: Answer: They are people who are not qualified. not habitual. But these are discretionary or based on the sound judgement of the court. Iñigo & Atty Teodoro V. antecedents. the offender is in need of correctional treatment that can be provided effectively by his commitment to an institution. the court shall consider all information relative to the character. Jose Charito Cortez. Ryan Reyes & Marilou dela Cruz 242 . Jette Roy Sanchez. I will deny the application because the problem says that despite the 2 mitigating circumstances. We are more interested in Section 9 because really. Criteria for Placing an Offender on Probation.00 with the accessory penalty provided by law plus costs of probation.THE FRATERNAL ORDER OF ST. Obviously. Probation shall be denied if the court finds that: a. c. environment. But there are also people who are not disqualified under Section 9. mental and physical condition of the offender. but the court may still deny the probation because of Section 8. In determining whether an offender may be placed on probation. SECTION 8. Under Section 8. probation will depreciate the seriousness of the offense committed. Even if they will apply. or. there is an undue risk that during the period of probation the offender will commit another crime. b. no crime triable by the RTC is probationable. She is disqualified. the law disqualifies Six years and 1 day is already disqualified. So. what action will you take on the probation? Answer: If I were the judge. she was sentenced to suffer the penalty of 6 years and 4 days. based on the law on jurisdiction now. and available institutional and community resources. there still other grounds for the court to consider. FRANCISCO vs. Joji Bernadette Ancog. the benefits of the Probation Law shall not extend to those sentence to serve the maximum term of imprisonment of more than 6 years and 4 days. Zaldy Lu. Alex Blaise Cunanan. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. CA 240 SCRA 24 ACADCOM 2004: Antoinette Principe. accused Vhenigna Vangkhiyud was given the benefit of the mitigating circumstance of voluntary plea of guilty and drunkenness. She was sentenced to suffer the penalty of 6 years and 4 days and to pay the fine of P60. Jerry Catague. According to Section 9 (a). THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Question: If you were the judge. the application will be automatically denied. As long as all the penalties imposed taken separately are within the probational period…for Section 4 uses the term "maximum" not "total". And when the law does not distinguish. if you commit 2 or more less grave felonies. you will be under the supervision of a probation officer. So there are 5 informations. you do not say five less grave equals grave. Question: When a crime is punishable by 6 years and 1 day. Where the law does not make an exception. assuming. that is not more than 6 years. Therefore. You do not consider the total. The sum of the multiple terms imposed against an applicant should not be determined of his eligibility or his disqualification from probation. and if none of the terms exceeds the limit set out in the Probation Law. No. which states that no application for probation shall be entertained if the defendant has perfected an appeal from the judgement of conviction. The law does not intend to sum up the penalties imposed. we are not yet prepared to accept this interpretation under existing laws and jurisprudence. the penalty is still for less grave. Zaldy Lu. for each crime. EXAMPLE: You are charged 5 time for the same crime committed on different occasions. Angel Facts: The accused was convicted for a crime for which she was sentenced to a maximum penalty of 10 years. not the totality. It is not the intention of the law to exclude less grave.all 5 cases are consolidated. the court should not distinguish. So. She has already appealed. You look at the individual crimes. Ryan Reyes & Marilou dela Cruz 243 . The multiple prison terms are distinct from each other. Now. the accused applies for probation. neither shall the courts. Even if you are convicted 100 times of that offense. Question: Is he entitled? Answer: YES. Alex Blaise Cunanan. That is the literal approach. she seasonably appealed for conviction. he applies for probation. Should an appeal bar an accused from applying for probation. It is simply contrary to the clear express mandate of Section 4 of the Probation Laws as amended. the accused is found guilty beyond reasonable doubt on all 5 charges. then he is entitled to probation. is 2 years. Taking in to consideration certain qualifying circumstances. ACADCOM 2004: Antoinette Principe. Total maximum is 10 years. unless he is specifically disqualified by other laws.THE FRATERNAL ORDER OF ST. the crime is less grave. if the appeal is reduced the penalty within the probational limit… while the proposition is equitable to allow the accused to apply for probation. Joji Bernadette Ancog. there is a joint trial . Why did the law make the years the cut-off? Answer: The purpose of the law is to exclude grave felonies. That is what the law says. There are conditions to be imposed under Section 10. Jette Roy Sanchez. Jerry Catague. The crime is already grave. What is important is that the penalty for each crime does not exceed 6 years. Held: She is not entitled to probation. Jose Charito Cortez. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. but to take each penalty separately and distinctly. After trial. Therefore. the court sentenced the accused to 2 years imprisonment for every crime. the appellate court reduced the penalty to a maximum of 4 years and 4 months. Iñigo & Atty Teodoro V. One thing to remember is that when you are under probation. That usually happens when you commit a crime against the individual several times and the maximum penalty. While affirming the judgement of conviction. There is no such thing. But 6 years down. that is an afflictive penalty. The number of offenses is immaterial. you cannot apply for probation. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. The language of the law is that when you appeal. if you pass the period of probation. as a result of his conviction.THE FRATERNAL ORDER OF ST. It will still have to be paid to the offended party. You will now serve imprisonment Suppose you pass. Alex Blaise Cunanan. no problem. Iñigo & Atty Teodoro V. and to fully discharge his liability for any fine imposed as to the offense for which the probation was granted. according to Section 16. then summary hearing to determine or to prove that there was violations. the probation will erase the payment of the fine forever. In probation. Jette Roy Sanchez. Joji Bernadette Ancog. There is no mention of civil liability. Jose Charito Cortez. the civil liability is distinct and separate from the criminal. Jerry Catague. Try to compare that with the subsidiary penalty under Article 39. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. if you are sentenced to pay fine with subsidiary imprisonment and you applied for probation. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. you will be arrested. ACADCOM 2004: Antoinette Principe. will now order you final discharge and the final discharged of the probationer shall operate to restore to him all civil rights lost or suspended. Section 16 only discharges the accused from payment of the fine. Question: What happens to the civil liability? Will probation extinguish the civil liability? Answer: No. Meaning. Zaldy Lu. You will be disbarred. The court. which provides that the service of the subsidiary imprisonment will not relieve you from paying the fine in the future if you become solvent. payment of the fine is discharged. If you will not pass or if you violated the conditions. Angel Now. And then the probation is lifted. Ryan Reyes & Marilou dela Cruz 244 . 7. that the end. 2. it does not matter. but there is also an end or extinction to criminal liability. Angel Title Four EXTINCTION OF CRIMINAL LIABILITY Chapter One TOTAL EXTINCTION OF CRIMINAL LIABILITY Art. From the moment he dies. By the death of the convict. By the death of the convict. as to the personal penalties. Jose Charito Cortez. as to the personal penalties and as to pecuniary penalties. By amnesty. By service of the sentence. as provided in Article 344 of this Code. or even while he is serving sentence. Zaldy Lu. his criminal liability is extinguished. By the marriage of the offended woman. “we will let the family continue . Ryan Reyes & Marilou dela Cruz 245 . 4. — Criminal liability is totally extinguished: 1. What more can you ask of him if he dies? So. after the trial. Take note that criminal liability begins with a crime. which completely extinguishes the penalty and all its effects. Iñigo & Atty Teodoro V. Joji Bernadette Ancog. Criminal liability starts by incurring it. By prescription of the crime. liability therefore is extinguished only when the death of the offender occurs before final judgment. Alex Blaise Cunanan. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. 89. after his death.they will inherit the penalty. We cannot say that we will continue the trial for the record.” Is there such a thing as criminal liability by succession? Note: The death of the convict extinguishes his criminal liability as to the personal penalties. the case has to be dismissed. 6. Question: What are the grounds for the total extinction of criminal liability? Answer: There are exactly 7 Ways of totally extinguishing criminal liability under the Revised Penal Code. Jerry Catague. Jette Roy Sanchez. 3. The trial cannot proceed. if he is serving his sentence. ACADCOM 2004: Antoinette Principe. Who will serve his sentence after his death? If you will say. The modes of extinguishing criminal liability.THE FRATERNAL ORDER OF ST. and as to the pecuniary penalties. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. 1. liability therefor is extinguished only when the death of the offender occurs before final judgment. By prescription of the penalty. How criminal liability is totally extinguished. 5. if the accused dies during the trial. By absolute pardon. sentenced to imprisonment and ordered to indemnify the family of the victim the sum of P2G. while the case is on appeal. Badico. Angel Question: What are personal penalties? Answer: They are penalties which consist in imprisonment.that the case can no longer continue after the death of the accused as to both criminal and civil liability . Iñigo & Atty Teodoro V. and then it is also finished. (204 SCRA 182) . suspension. the RPC distinguishes whether he died BEFORE the judgment became final. While the appeal is pending in the CA. Alex Blaise Cunanan. But. as to civil liability. then he dies. How about the civil liability? Suppose. Ryan Reyes & Marilou dela Cruz 246 . (81 SCRA 120). the obligation to pay the fine is not extinguished because the fine can be collected by the Slate through his assets. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. The obligation to pay the fine is extinguished. Or. Jose Charito Cortez. Zaldy Lu. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. reiterated in the more famous case of People vs. However. The civil liability would also be extinguished.and among others. In other words.THE FRATERNAL ORDER OF ST. Jerry Catague. the criminal liability extinguished but not the civil liability. Joji Bernadette Ancog. Distinguish whether the penalty is personal or pecuniary. What will happen to the case on appeal? The first two cases are followed by a few more cases. about 8 cases where upon the death of the accused or convict. Question: What is the basis for that? ACADCOM 2004: Antoinette Principe. he dies. the accused died. CA. any other type of criminal case where there is civil liability. The accused appealed. loss of rights like disqualification. while the case is on appeal. from the moment the convict died. People vs. a person is convicted by the RTC for homicide. civil interdiction. suspension. Question: How about the pecuniary penalty? Answer: An example of a pecuniary penalty Question: Suppose a convict is sentenced to pay a fine. the government can enforce the payment of the fine. if the pecuniary judgment has become final and executors'. these are what you call personal liabilities perpetual disqualification. Jette Roy Sanchez.000 by way of compensatory damages. Question: But how can the civil liability proceed? Answer: By substitution of party defendant. (67 SCRA 349). That is the distinction. that ruling . What happens not to the civil liability? Can this continue or not? The old rule was. convert it into civil case. the case would be dismissed. These cases are commentaries on what happens after the death of the convict.was reversed starting with the rulings in the case of Torrejos vs. then in 1992. Based on his assets. or AFTER the judgments became final. For example. And then he dies. Sendaydiego. what happens to his obligation to pay the fine? Answer: This time. THE FRATERNAL ORDER OF ST. Sendaydiego and succeeding cases. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Joji Bernadette Ancog.subsisted until the SC en bane so. Jose Charito Cortez. The SC said the earlier ruling in Torrejos vs. the SC after several cases said. debt or interest thereon. Question: Does the death of the accused pending appeal of his conviction extinguish his civil liability? Does such death affect his criminal responsibility and civil liabilities which are the consequences of his crime? Answer: Yes. 20. which provides that every person criminally liable for a felony is also liable. Zaldy Lu. 1. Sec. CIVIL CODE. Law. 100 of the RPC. Remember Civil Procedure. Jette Roy Sanchez. People vs. That was the basis." Question: Don't you think it is quite unfair-just imagine if you're a victim of Theft or Estafa. works only in absolving. . we will substitute the heirs to continue the case as to the civil aspect. CA. Rule 3 of the Rules of Court. no more substitution. Where claim does not survive. Bayotas (236 SCRA 239). and there is no more means of getting back what was taken away from you? Answer: No. in such cases extinction of the criminal action due to the death of the accused pending appeal inevitably signifies the concomitant extinction of the civil liability. if there is already a final judgment by the RTC but not yet final. Alex Blaise Cunanan. it shall be dismissed to he prosecuted in the manner especially provided in these rules. ARTICLE 9 of the CIVIL CODE provides that when a separate civil action is brought to demand civil liability arising from a criminal offense. Why? In these cases. are abandoned. 2. RULES OF COURT. So. Question: What is the philosophy behind this? Answer: You go back to the Civil Code. doctrinal. Ryan Reyes & Marilou dela Cruz 247 .When the action is for recovery of money. RULE 3. Rule 3 of the 1997 Rules of Court. Article 1157 of the Civil Code. In other words. 1994. Angel Answer: The cases for that were Article 30 of the Civil Code and Section 20. SECOND 20. Substitution is not allowed. You cannot say. Obligations arises from. reversed all these previous cases and reverted to the original rule. What it is saying is that you cannot collect the civil liability in the criminal cases. and then the defendant dies. in the leading case of People vs. Iñigo & Atty Teodoro V. It cannot continue. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Rule 3? That's where after the death of the defendant. and no criminal proceedings are instituted during the pendency of the civil case. a preponderance of evidence shall likewise he sufficient to prove the met complained of. and the defendant dies before final judgment in the RTC. there was a mistaken reliance on Article 30 of the Civil Code and Section 20. This was promulgated by the SC en banc on Sept. ARTICLE 1157. Jerry Catague. And that ruling . "We made a mistake. "Okay. 2." If we were to render the penalty in the intendment of Art. you do not dismiss the case anymore but you substitute with the their of legal representative. We go back to the old rule. ACADCOM 2004: Antoinette Principe. Contracts. meaning. source of the obligation is the crime.that includes civil liability arising from crimes. the claim for civil liability survives notwithstanding the death of the accused if the same may also be predicated on a source of obligation other than the crime. Jose Charito Cortez. and. then you can still recover despite the death of the defendant. the obligation here arises from 2 possible sources. the estate of the deceased under Rule 85. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Quasi-contracts. Number 4. The SC said. you have to indemnify the family. Meaning.for example contract or quasi-delict. citing Article 1157 of the Civil Code. Or." the case is only coming from the crime the only . if you are convicted. Or. I will be liable for estafa. you hit a pedestrian while you are driving a vehicle. Your obligation here arises from a criminal act. However. So. Alex Blaise Cunanan. under the Rules on Special Proceedings. Zaldy Lu. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. That is the correct procedure now. then it's goodbye for you. abuse of confidence. The death of the convict also extinguishes it. 5.THE FRATERNAL ORDER OF ST. But. 4. even without the criminal act. Iñigo & Atty Teodoro V. Corollarily. but definitely you cannot ask the criminal ease to be continued and convert it into a civil case. Joji Bernadette Ancog. or the law itself. If the source of the liability is only the crime. Why? As a civil liability for the crime of estafa. That the victim never made the reservation for an independent or separate civil action. Death dissolves everything. Do not be afraid because when you file the criminal case where the civil case is deemed instituted To summarize the new rulings in the case of Bayotas:   The death of the accused pending of his conviction extinguishes his criminal as well as the civil liability based solely thereon. if the obligation to recover is extinguished. and then I run away with your goods. Ryan Reyes & Marilou dela Cruz 248 . quasi-contracts. Quasi-delicts. Angel 3. That is estafa. Example: You entrusted me to your goods. Jerry Catague. This distinction presupposes that the civil liability is deemed instituted in the criminal case. Acts or omissions punished by law. the source of the obligation is only the crime. ACADCOM 2004: Antoinette Principe. That is also a source of obligations. for example. Jette Roy Sanchez. Meaning. the civil liability here can arise from 2 possible sources. But even if there is no estafa. or contract. But. you can file a claim against. But obligations arise not only from crimes. in this case of Bayotas. Question: What is the correct procedure? Answer: The correct procedure is not to continue with the criminal case but to file a separate civil action. they also arise from quasi-delict (culpaaquiliana). if aside from the crime the civil liability can be recovered from any other source . Do I have the obligation to return to you your goods? Of course. I still have to return to you your goods because of the contract of agency. WQH are still liable under the source of quasi-delict. it is also possible that the obligation to pay arises also from the crime and from other sources. if it is arising from the contract. acts or omissions by law . So you are accused of homicide or reckless imprudence. is arising form contract. absolute pardon. In order to invoke it. an action for recovery thereof may be pursued but only by way of filing a separate civil action and subject to Sec. Rule III of the 1985 Rules on Criminal Procedure. In the said court. Alex Blaise Cunanan. The case reached the SC. If the claim. If it is arising from quasi-delict.) By amnesty. the executor. Pardon is a private act by the president. one must present evidence with respect to the pardon. Joji Bernadette Ancog. Meaning. you claim against the estate. That should avoid any apprehensions the possible of right by prescription 3. This separate civil action or claim may be enforced against the executor or administrator of the estate of the deceased. That is the civil liability for the crime of estafa. Individually May be granted for common crimes Erases the penalty but not the crime. ACADCOM 2004: Antoinette Principe. During the pendency of the appeal. She was ordered to pay. she returned to the Department of Finance and requested that she be reinstated to her former position as Asst. which completely extinguishes the penalty and all its effects. Iñigo & Atty Teodoro V. She was sentenced accordingly.) By absolute pardon. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Jette Roy Sanchez.00 representing the balance of the amount defrauded. Amnesty is an OFFICIAL ACT. 4. Generally pardon comes after conviction. Question: Distinguish amnesty from pardon? Answer: AMNESTY Covers a group of people Covers political crimes only Erases the crime PARDON Amnesty can come before conviction. The liability is deemed interrupted during the pendency of the criminal case conformably with Article 1155 of the Civil Code. claim by civil action against.THE FRATERNAL ORDER OF ST. It can be given anytime. Zaldy Lu. which affirmed the judgment of conviction. the President extended to her an. P5. Jose Charito Cortez. during or after conviction.000. And not within the realm of judicial notice. Ryan Reyes & Marilou dela Cruz 249 . the statute of limitations does not run. Monsanto vs. Angel Where the civil liability survives as explained in #2 above. THOMAS MORE   CRIMINAL LAW 1 – Dean Hildegardo F. depending on the source of obligation upon which the same is based. Jerry Catague. The conviction remains. Treasurer which was still vacant. among others. Lopez filed a motion for reconsideration in the SC. The Executive Department confers it and there is no need to present evidence on the amnesty proclamation. was convicted by the Sandigan Bayan of Estafa and falsification of public documents. 1. By reason of such pardon. Factoran 170 SCRA 190 Facts: Linda Lopez. The private offended party need not fear the forfeiture of his rights to file a separate civil action by prescription. In such case. Zaldy Lu. There is already a penalty. RPC. It does not erase the fact of the commission of the crime and the conviction thereof. The penalty cannot be served because you cannot be found. The conviction stays. Pardon cannot produce such moral charges as to equate the pardoned convict in character and conduct with one who was constantly maintained the mark of good law-abiding citizen. You disappeared. and her acquittal due to the pardon is flic only ground for her reinstatement to her former position. ft makes no amends for the past If affords to relieve from what has been suffered by the defendant.) By prescription of penalty. pardon. Pardon cannot bring back lost virtue for honesty. 6. Pardon implies guilt. Prescription of the crime means the State forfeits or loses its right to prosecute the Offender by reason of the lapse of time. So. commutation of sentence or any other reason. They have been convicted. the criminal liability is already extinguished.000. not withstanding the fact that he has served his sentence consisting of deprivation of liberty or other rights. 5. Beyond that. Mosanto went to the SC. The State also has a deadline within which to catch you compel you to ACADCOM 2004: Antoinette Principe. there is already a sentence. It involves forgiveness and not forgetfulness. in a conviction. But it cannot erase the stain of bad character which has definitely been fixed. Iñigo & Atty Teodoro V. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Obligation to satisfy civil liability. but not the civil aspect of the case. the civil liability in favor of the government. Jose Charito Cortez. yes.final. Ryan Reyes & Marilou dela Cruz 250 . the offender shall continue to be obliged to satisfy the civil liability resulting from the crime committed by hi. what is the ruling? Lopez is not entitled. They are already all convicted. Linda appealed to the Office of the President. Held: She will be entitled to apply again. The pardon docs not entitle her to get back her former position. Jerry Catague. The SC based its ruling on the nature of the pardon. Pardon extinguishes only the criminal aspect. The Office of the President dismissed the appeal.000. There is a missing Question: How about the civil liability9 Art. The periods for the prescription of crimes is found in the next article. she would not like to pay . Pardon may relieve a person form disability of fines and forfeitures attendant. take note.000.) By prescription of the crime. Jette Roy Sanchez.—Except in case of extinction of his civil liability as provided in the nest preceding article.00 is satisfied. Pardon looks to the future If is not retrospective. Pardon does not was out the moral stain. The State forfeits its right to enforce a given penalty also because of the lapse of time. Alex Blaise Cunanan. Angel The Department ruled that Linda may be reinstated to her former position without the necessity of reappointment and directed her to see to it that the sum of P 5. Even the P 5. or has not been required the same by reason of amnesty. ARTICLE 113. She may be reinstated but she has to pay the civil liability. Claiming that she is not obliged to pay P 5. That absolute pardon does not exempt the culprit from paying the civil liability. Joji Bernadette Ancog. So there is a deadline for the filing of a criminal case. integrity and credibility.THE FRATERNAL ORDER OF ST. Suppose. somehow you are able to evade the penalty. the fine. 113. Then. But oral defamation and slander by deed (6 months) refer to grave oral defamation.) By marriage of the offended woman. Iñigo & Atty Teodoro V. etc. 7. Etc. or serious or grave slander by deed. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. reclusion perpetua the gravity. When the victim of the rape. If it is slight oral defamation. Crimes punishable by other afflictive penalties shall prescribe in fifteen years. the penalty also will prescribe. prescriptive period: 5 years. So. seduction. There are certain crimes with special prescriptive periods. Angel serve your penalty. which prescribes only in 1 year. Then from 15 to 20 years. reclusion temporal. and then light felonies — prescribed penalty 2 months-(60 days). Light offenses prescribe in two months. Meaning. the highest penalty shall be made the basis of the application of the rules contained in the first. with the exception of those punishable by arresto mayor. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. So. acts of lasciviousncss. injuries. arresto mayor is 5 years. After that. that's only 2 month. from victim to wife. The case was tried. From crimes punishable by death. — Crimes punishable by death.THE FRATERNAL ORDER OF ST. Joji Bernadette Ancog. less serious physical. The lowest. this is applicable only to Crimes against Chastity --rape. Laqui 166 SCRA 214 Facts: A is accused of less serious physical injuries. After trial. second and third paragraphs of this article. Jerry Catague. So. the criminal liability of the accused is automatically extinguished. 1966). Art. Suspension. (As amended by RA 4661. Jose Charito Cortez. The case was tied within in year after the incident. abduction." But actually this case. . Damasco vs. This is punishable by arresto mayor. Those punishable by a correctional penalty shall prescribe in ten years. it was filed on time. The crime of libel or other similar offenses shall prescribe in one year. provided in Article 344 of this Code. Otherwise. When the penalty fixed by law is a compound one. lapsed I he period starts from the highest to the lowest. 90. Jette Roy Sanchez. The crime of oral defamation and slander by deed shall prescribe in six months. Ryan Reyes & Marilou dela Cruz 251 . crimes punishable by CORRECTIONAL PENALTIES with the exception of arresto mayor. Afflictive penalties: prision mayor. ACADCOM 2004: Antoinette Principe. Zaldy Lu. you can no longer be compelled to serve penalty. which shall prescribe in five years. the court said: "The accused is guilty as charged. Oral defamation and slander by deed are also special crimes. Beyond a certain period of time. Prescription of crime. that’s only a light felony. Alex Blaise Cunanan. approved June 19. 20-10-5. like libel. destierro are 10 years. a case must be filed within a certain period. reclusion perpetua or reclusion temporal shall prescribe in twenty years. marries the abduction or the rapist. Therefore. Art.THE FRATERNAL ORDER OF ST. Joji Bernadette Ancog. Answer: The prescriptive period under Article 90 applies only to those which are in the penal code. So the court convicted the accuse of the crime of slight physical injuries. March 15 to April 14 is one month. It is only accidental that you were convicted of slight physical injuries. 91. If you failed to file an answer in a civil case. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. the period to file the notice of appeal. With that. or their agents. In special laws. Alex Blaise Cunanan. so the deadline to file was supposed to be on May 14. now the failure to file an answer in a civil case. Ryan Reyes & Marilou dela Cruz 252 . The information should have been filed within 2 months. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. If we will follow the prosecution's theory. or was the deadline met by the prosecution? Answer: What do you mean by months? Months mean 30 days. Question: Suppose the last day fall on a Sunday? How can I file the case on a Sunday? Or if the last day is holiday? Answer: The law on pleadings. So. Slight physical injuries (light felony) The information was filed on May 15. Jerry Catague. Lesser or Tense. Well. If does not apply to crimes punishable by special laws. the accuse said:" I move to set aside the conviction including the penalty. Has the crime prescribed. Where the accused has been found to have committed a lesser offense included within the criminal offense charged. I committed only a light felony. Meaning. he cannot be convicted of the lesser offense if it has already prescribed. or if the filing of the appeal falls on a Sunday or a holiday. Therefore. ACADCOM 2004: Antoinette Principe. April has only 30 days (April 14 lo May 14). — The period of prescription shall commence to run from the day on which the crime is discovered by the offended party. Buencamino (122 SCRA 713). Jose Charito Cortez." Held: Prescribed. which prescribes in 5 years. it provides for its own prescriptive period. Question: The crime is committed on March 15. it can be done on the next business day that is found in the revised Administration Code. the charge against me should have been filed within 2 months. then file it in die next business day. the authorities. You filed the information for 1 year. Angel the injury is only slight. So you must know how to compute. I think most annotated books." The prosecutor said: "But we did not accuse you of slight physical injuries. Iñigo & Atty Teodoro V. 1995. Computation of prescription of offenses. To hold otherwise would be to sanction a circumvention of the law on prescription by the simple expedient of accusing the defendant of the grave offense. the author cites an old law which gives the prescriptive period of crimes punishable by special law. That will be one way of circumventing the law of prescription. We accused you of less serious physical injuries. But the charge is less serious physical injuries. Thai was the issue in the case of Vapdiangco vs. there is an automatic extension. Jette Roy Sanchez. in the given case. March has 31 days. Zaldy Lu. the information was filed on May 15." Why? "Because if it is slight physical injuries only. if it falls on a Sunday. 1995. you can easily heat prescription. the crime is discovered only when it is committed. You discovered the offense upon commission. where the body is. Ryan Reyes & Marilou dela Cruz 253 . So the person is killed is a missing person because nobody know where his cadaver is. When you box me and you will only discover this fact tomorrow. so I see how do you compute the prescriptive period in this case? It is not the day of the commission but on the date of discovery. a MTC judge can conduct preliminary investigation on cases triable by the RTC. Well. Now. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Just look over there. PROBLEM: Suppose. Take note. There. The period of prescription commences to run from the date the crime is discovered.. it is not allowed Suppose the complaint for murder is filed in the MTC for preliminary investigation because they cannot try the murder case because it is not within their jurisdiction.THE FRATERNAL ORDER OF ST. In other words. discovered by whom? Now in the case of offended party in crimes against persons. Angel and shall be interrupted by the filing of the complaint or information. X.. Another example is if in a public gathering you were not there. Joji Bernadette Ancog. That is how discovered and commission of the offense will not coincide. Zaldy Lu. A good example is murder or homicide. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. It is absurd. Normally. A murders B in an uninhabited place without knowing it that there is somebody who saw it. you were defamed by the accused. But nobody knows the killer. The law says the discovery of the crime not the discovery of the criminal. or are unjustifiably stopped for any reason not imputable to him. But you did hot know about it. the discovery came after one year from its commission. and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted. the crime is discovered. But after one year his cadaver was discovered and identified. The term of prescription shall not run when the offender is absent from the Philippine Archipelago. for 20 years the killer is in hiding And after 10 years he surfaces. But the law says. But there are some crimes where the date of discovery will not coincide with the date of commission of the offense. So assuming A hid the cadaver and thought that nobody has seen the crime. So one day one of those who were present in the gathering told you that this is what happened. Because today. When do you start computing the prescriptive period? Of course today. A. you know in criminal procedure. Jose Charito Cortez. Jerry Catague. he told the authorities of the death of B and the killer. Suppose the crime is committed today and it was discovered today but nobody knows the criminal. Iñigo & Atty Teodoro V. In criminal procedure. it is not the person who died first but his family. Alex Blaise Cunanan. Jette Roy Sanchez. kept them and then after several years. When does the time of running the prescriptive period stop to run? By filing a complaint or criminal information. the word is “discovered” and not committed. He did not say anything about it. He said so many things about you publicly. you know the distinction between a complaint and a criminal information. If a victim is killed and his cadaver is buried to prevent its discovery. not only discovered. for several years. ACADCOM 2004: Antoinette Principe. X who is a farmer saw it. Unlike in the city. Oh. the running of the prescriptive period stops but it continues to run again if the proceedings are terminated again without any acquittal or condition. But we will touch this more in the rules on criminal procedure. So. then it cannot be re-filed because there is already double jeopardy. whether it is instituted in the fiscal’s office or court. A good example is when the case is dismissed because of technicality like lack of jurisdiction or the information is not charging an offense or the person filing the information has no authority to do so. Angel Is the filling of the criminal complaint for preliminary investigation in the MTC sufficient to interrupt the running of (he prescriptive period or is it the filing of a case in a court which has jurisdiction? That is where jurisprudence sets in. So. Ryan Reyes & Marilou dela Cruz 254 . two years later came the 1985 Rules on Criminal Procedure which rejected the ruling. Why? Because according to the SG. the criminal procedure was amended. Reyes 175 SCRA 597 Facts: This involves the crime of falsification of public document. Article 91 does not distinguish whether the complaint was filed for trial or for preliminary investigation. So. The SC said: The filing of the complainant for the peupose of preliminary investigation stops the running of the prescriptive period. then it does interrupt. But in 1998. meaning. Joji Bernadette Ancog. whether for trial or criminal investigation is sufficient to interrupt the prescriptive period. I falsified the document. If the case ends with an acquittal or termination. the filing does not interrupt. Iñigo & Atty Teodoro V. Let us go to the fiscal because a complaint for a preliminary investigation can also be filed in the fiscal's office. Jette Roy Sanchez. Jose Charito Cortez. since 1988. the SC distinguished if the complaint filed in the fiscal's office is covered by the summary rules. However. the running of the prescriptive period continues. And the accused registered it in the Register of Deeds on May 26. And the period of prescription according to article 91 does not run if the offender is outside the country because there is no way for the court to acquire jurisdiction over your person and because if you go into hiding it works against you. yes. The amendment in 1988 reinstated the Francisco ruling. the filing of a complaint in the fiscal's office is also sufficient. But one division of the SC in 1983 said the filing of complaint before fiscal's office stops the running of the prescriptive period. It is called a "denuncia". THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. in the fiscal. then I registered the deed of sale in the Office of the Registry of Deeds in 1961. del Rosario. A deed of sale was falsified by the accused. it does not interrupt But if it is not covered by the summary rules. People vs. ACADCOM 2004: Antoinette Principe. The last paragraph of Rule 110 says: “ The institution of the criminal case. in 1991 or 1992 in the case of REYES. Then. Will the filing thereof interrupt the prescriptive period? The old rule in No. I made it appear that the property was sold to me and I forged the signature. Complainants. no. Olarte. Jerry Catague. meaning the case ends without all the conditions for double jeopardy present. People vs. from the filing of the complaint. But if the case ends not based on acquittal or termination. That which is filed in the MTC. Suppose a police files a criminal complaint for murder or denuncia before the fiscal's office. Zaldy Lu.THE FRATERNAL ORDER OF ST. So. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Alex Blaise Cunanan. the owner of the property claim that they discovered the falsified deed of sale on June 1983.. but the doctrine is in thecase of People vs. Joji Bernadette Ancog. it will not apply in the crime of bigamy not withstanding its favorable being accused. Iñigo & Atty Teodoro V. Issue: Whether in computing the prescriptive period for the crime of bigamy. in legal contemplation. what is involved therein were land or property disputes and certainly marriage is not property. Alex Blaise Cunanan. This provision has no counterpart either under RA3753 ( Civil Registry Act) or under article 407-412 of the Civil Code that there is constructive notice which leads US to the conclusion that there is no legal basis on the constructive notice rule to apply to the documents registered in the Civil Registry. in all likelihood we would be playing right into the hands of philanderers. registration of the document with the register of deed is notice to the whole world. the whole world and the complainants are deemed notified. 91 would work favorably to the accused. The rule on constructive notice in the construction of Art. Jose Charito Cortez. Held: The crime has prescribed. when was the crime? 1961. Registered? 1961. While the rules on constructive notice in civil cases may be applied in criminal actions. for we would be equating the contract of marriage into an ordinary contract or other similar document without due regard to the stability of marriage as a social inviolable institution the preservation of which is prime social duty. if the actual and legal circumstances so warrants. But the complainant said: "We discovered in June 1983. The husband said nothing. Angel So. Sermon vs. In the criminal cases cited. should discovery be deemed to have taken place from die time the offended party actually knew of the subsequent marriage or from the second marriage was registered in the civil registry consistent with the notice. The rule on prescription of crimes is an act of amnesty or liberality on the part of the state tin favor of the accused. one year later. When do you start counting the prescriptive period? In 1961. The wife said: "I discovered the second marriage when I was in the State. The prescriptive period starts from 1961. Ryan Reyes & Marilou dela Cruz 255 . A criminal case for falsification was filed on October 1984. Jette Roy Sanchez. He was prosecuted for bigamy and he pleaded prescription. What is constructive notice? That is found in Section 52 of the Property Registration Act. Why? Under the law on property registration. Remember the marriage contract was registered in the civil registry and that is also constructive place under the case of Reyes. It is established that registration to the public registry is addressed to the whole world. A man has 2 marriage contracts. So. Where we put our imprimatur to the theory of the accused. The law said “discovered”. wherein the constructive notice was applied. ACADCOM 2004: Antoinette Principe. The presumption in rules of interpretation used in prescription on civil suits including the rules on constructive notice can be applied to rules on criminal actions. Jerry Catague. so it cannot be. Meaning. or in 1983 where the complainants claim that they discovered the existence of the falsified document. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. So it is constructive notice. there are 22 years. The prescriptive period for falsification: ten years. However. discovery muss be reckoned to have taken place from the time it is registered in the Register of Deeds. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. CA 233 SCRA 155 Facts: This involves prosecution of bigamy. not the time of registration.THE FRATERNAL ORDER OF ST. Zaldy Lu. Held: The computation stalls form the time the offended party actually knew. Jose Charito Cortez. they are almost: identical under Article 90. So you evade for one year. The only tiling left is to enforce the penalty but somehow the convict has evaded serving the sentence and after the lapse of a certain period the penalty will prescribe For Example: You are sentenced to death. So.20-15-10-5. Correctional penalties. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. That's the difference. So. Jerry Catague. But you don't want to go to jail to serve that 1 day. So you'd rather disappear but be sure that you'll not be caught for 20 years. you must evade like escaping from jail. Suppose. you must evade that for 1 year. The law says interrupted but it is not forfeited. Joji Bernadette Ancog. 92. Alex Blaise Cunanan. The judgment is final. you are found guilty of committing a light felony and you were sentenced to one day of arresto menor. you are convicted to death and you escaped. If you at the prescriptive periods here. How long should I remain at large? 5 years. Ryan Reyes & Marilou dela Cruz 256 . Example: You are found guilty committing a light felony. The assumption here is that the accused has already been tried and convicted. You were sentenced to 1 day of arresto menor. After ten years I was captured. I have to serve the penalty. because you have a deposit often years. 2. But it is interrupted when you surrender or you are captured. in ten years. Death and reclusion perpetua. Art. Then. Other afflictive penalties. Angel What is going to prescribe is not the crime but the penalty already imposed So. 90). with the exception of the penalty of arresto mayor. So. The only variation is in Art. in one year. I think that is murder. you are sentenced to a crime where the penalty prescribes in 15 years I evade. which prescribes in five years. Or before you are to go to jail. in twenty years. you evade like what happened to Rolito Go. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. The prescriptive period had started to run in his favor. After 20 years.THE FRATERNAL ORDER OF ST. what is the assumption"' The assumption is that the accused has been tried and convicted As a matter of fact. Prescription of penalties is almost similar to prescription of crimes ( Art. Jette Roy Sanchez. So for example. For example. be sure that you are here when ACADCOM 2004: Antoinette Principe. So. in fifteen years. 90 the prescriptive period for a light felony is 2 months. But in Article 92. So. you need 1 year before it will prescribe. — The penalties imposed by final sentence prescribe as follows: 1. Iñigo & Atty Teodoro V. 4. Zaldy Lu. Light penalties. It is also interrupted when you go to a foreign country where our government has no way of acquiring jurisdiction. You do not want to serve that. So. you need one year before it will prescribe. 3. be sure that you go in hiding for 20 years. the prescriptive period for a light felony is one year. It commence to run from the date culprit evade his sentence. I escaped again. So. In Article 90. that prescribes in 20 years. whereas in Art. the only thing left is to enforce the penalty but somehow the convict has evaded sentence and after the lapse of a certain period the penalty will prescribe Read Article 92. the penalty has already prescribed. 92 it is 1 year. the prescriptive period for a light felony is 2 months. When and how penalties prescribe. Jose Charito Cortez. Angel you want that prescription run in your favor. succeed in breaking jail and also succeeds in evading re-arrest for a certain period of time which by no means is short. and condones the penalty. comfortable and peaceful. or Should commit another crime before the expiration of the period of prescription. Joji Bernadette Ancog. the escaped convict lives a life a hunted animal. For all this. the setting of prize or reward on his head. Jette Roy Sanchez. at (he risk of being killed. Is captured. and at times the voluntary is more than grievous than the sentence he was trying to avoid. hiding mostly in the mountains and forests in constant mortal fear of being caught. Lastly. Iñigo & Atty Teodoro V. Should go to some foreign country with which the government has no extradition treaty. 5. Meaning. the fight is not even. So. His life is far from being happy. But during that period of prescription. you must behave while you are in hiding. be sure that there is no extradition treaty in the country where you will hide. thai calls off the search for him. the Government is stronger than you. This is what is says: If a convict under confinement. discomfort. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. if you succeed in outwitting the government. ACADCOM 2004: Antoinette Principe. you must not commit another crime before the expiration of the period of prescription. 4. the government extends to him a sort of a condonation or amnesty. you hide. Gives himself up. So. Jerry Catague. is reduced to a mere existence filled with fear. Also. This is you against the whole world. Zaldy Lu. which here by enlists the aid of the citizenry. But it is interrupted when the convict: 3. So. despite the effort of all the instrumentalities of the government including sometimes. Question: Is this tantamount to encouraging person to escape? Why should we reward a person from escaping? Answer: The philosophy behind this provision was cited by Viada. he-must evade. There is a similar provision in the Spanish Penal Code which was quoted by the SC in the case of Infante vs. the Government will give a sort of amnesty. As. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. This against the Government of the Philippines. So for Example: escaping from jail or before you could be brought to jail.THE FRATERNAL ORDER OF ST. 6. Ryan Reyes & Marilou dela Cruz 257 . Prison Warden. the convict who evades sentence is sometimes sufficiently punished by this voluntary and self-imposed banishment. loneliness and misery. Alex Blaise Cunanan. And at all times he was to utilize every ingenuity and means to outwit the Government agencies bent on recapturing him. Requisite: the period of prescription of penalties shall commence to run from the date when the culprit should evade the service of his sentence. Jette Roy Sanchez. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. then the SC will lower it to reclusion perpetua. Iñigo & Atty Teodoro V. Total Extinction  Article 94. Zaldy Lu. like you were sentenced to death in the RTC. Good conduct allowance is discussed in the preceeding sections. but there are others which partially extinguish criminal liability. But you must not also commit a violation of the condition or else you will be recommitted in jail.THE FRATERNAL ORDER OF ST. Just like in ROTC. Jose Charito Cortez. Is says that all those who were sentenced to death are automatically commuted. Question: What are the modes of partially extinguishing criminal liability? Answer: Article 94. Now. when the 1987 Constitution was passed. Article 94. where the death penalty could not be imposed anymore unless the Congress revives it because of heinous crimes—so. Commutation of the sentence is the lowering of the penalty. we had no death penalty from 1987 to 1994. Alex Blaise Cunanan. By conditional pardon. There are 2 types: if total. that is another story. — Criminal liability is extinguished partially: 1. they deduct days from his penalty. 94. there is merit if you acted in good conduct. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Article 89. The heinous crime law took effect on January 1994. 2. In conditional pardon. pardon. Another penalty will be imposed in place of a higher penalty. and 3. this is constitutional commutation. There are two ways of extinguishing criminal liability  Article 89. So. As a matter of fact. What are they?  The system of PAROLE under the Indeterminate Sentence Law. If a prisoner is behaving well. Angel Chapter Two PARTIAL EXTINCTION OF CRIMINAL LIABILITY Art. and  The system of PROBATION under the Probation Law ACADCOM 2004: Antoinette Principe. Ryan Reyes & Marilou dela Cruz 258 . Joji Bernadette Ancog. This is being imposed by the Bureau of Prisons. Partial Extinction of criminal liability. what happens to those people who were sentenced to death but before it could be imposed here comes the 1987 Constitution. Jerry Catague. it is different—unless you commit another crime . you will not pardoned. If you do not want the conditions. if conditional. So. 1 le can pardon and he can also commute. Question: Article 94 only gives 3. But in absolute pardon. The President can also commute the penalty. Partial Extinction Question: What are the modes of totally extinguishing criminal liability? Answer: Article 89. the president will grant you pardon out conditions. For good conduct allowances which the culprit may earn while he is serving his sentence. By commutation of the sentence. With that. That is why there are-2 aggrieved parties in the criminal action. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. The most common -he reserves the right to file a separate civil action. whether you like it or not a civil case is also filed. and Criminal Procedure 7 he procedural ramifications of Article 100 are not found in the RFC. this is now purely State vs. Alex Blaise Cunanan. A complete understanding of Art 100 is not confined to Criminal Law. When a criminal case if filed against you. the question now is: Which of the two should be decided or litigated first? Answer: The general rule is that the criminal case -must precede the civil case. The evidence may not be sufficient to convict but it is sufficient to prove your cause of action. Iñigo & Atty Teodoro V. Jose Charito Cortez. But what happens if you already have file the civil case? According to Criminal Procedure. when a criminal case is filed. the rule is: The criminal case takes precedence over civil case. there is automatically or impliedly a civil case for recovery of civil liability filed. Angel TITLE FIVE CIVIL LIABILITY CHAPTER ONE PERSONS CIVILLY LIABLE FOR FELONIES That is a very short article but the ramifications are very complicated. the trial of the civil case is suspended to await the outcome of the criminal case unless. there is an attempt to consolidate the trial. Suppose. Zaldy Lu. Torts and Damages. One is the State represented by the prosecutor for the criminal offense.THE FRATERNAL ORDER OF ST. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. you are sentenced not only for the criminal offense but you are also sentenced as to your civil liability. How is this litigated? Through representation by the private prosecutor. So in effect. or 2.' So. Question: Is there an exception? Is there an instance where if the civil action is not suspended it will not await the outcome of the criminal action? ACADCOM 2004: Antoinette Principe. When the civil action is instituted ahead of the criminal action. What are we going to review in Article 100 are only the basic ideas. Joji Bernadette Ancog. It also includes some principles in Civil Law—Obligations and Contracts. Question: How do you divorce the civil from the criminal? Answer: 1. he is acquitted. So when you are sentenced. you cannot intervene in the criminal action. Question: Suppose a civil case is segregated or reversed. The civil case is suspended until the criminal is decided. only preponderance of evidence is needed. In civil cases. or 3. Jerry Catague. The Civil case must await the outcome of the criminal case. accused because the civil action is litigated separately.. How about that? No problem because Rule 111 says that the extinction of the criminal liability does not extinguished civil liability. The other one is the private offended party who is given the law the right to recover civil liability. Jette Roy Sanchez. They are found in Rule III of the 1985 Rules on Criminal Procedure. In this case. Ryan Reyes & Marilou dela Cruz 259 . when the criminal case is filed. By waiving it. Jerry Catague. or when the liability also attaches to the Government. Rules regarding civil liability in certain cases. in sound discretion. The pendency of the civil case will suspend the criminal. the following can be filed separately from the criminal case. if there be no such persons. So. What is this rule? This rule is also known as Prejudicial Question where the innocence or guilt of the accused depends on the outcome of the civil case. without minding the outcome of either. Alex Blaise Cunanan. Art. Should there be no person having such insane. In cases falling within subdivision 4 of Article 11. whenever the damages have been caused with the consent of the authorities or their agents. 32. ACADCOM 2004: Antoinette Principe. Independent civil actions. the persons using violence or causing the fears shall be primarily liable and secondarily. indemnification shall be made in the manner prescribed by special laws or regulations. This is the exact opposite of the first rule. according to Rule 111 are those found in Arts. Iñigo & Atty Teodoro V. the persons for whose benefit the harm has been prevented shall be civilly liable in proportion to the benefit which they may have received. excepting property exempt from execution. 101. or by one over nine but under fifteen years of age. 5 and 6 of Article 12 and in subdivision 4 of Article 11 of this Code does not include exemption from civil liability. said insane. Third. 2. or if such person be insolvent. the civil liability for acts committed by an imbecile or insane person. The courts shall determine. and by a person under nine years of age. imbecile. and. imbecile or minor under his authority. The civil case takes precedence over the criminal case. which shall be enforced subject to the following rules: First. — The exemption from criminal liability established in subdivisions 1. Second. Jette Roy Sanchez. or to the majority of the inhabitants of the town. Angel Answer: In other words. shall devolve upon those having such person under their legal authority or control. In cases falling within subdivisions 5 and 6 of Article 12. unless it appears that there was no fault or negligence on their part. These principles and their ramifications are treated more in criminal procedure. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Ryan Reyes & Marilou dela Cruz 260 . even approximately. When the respective shares cannot be equitably determined. 2.THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. the proportionate amount for which each one shall be liable. The third situation is entirely different. and 3 of Article 12. in accordance with the civil law. 33. saving always to the latter that part of their property exempt from execution. legal guardianship or control. those doing the act shall be liable. or. 34 and 2176 of the Civil Code. Zaldy Lu. 3. Is that possible? This is true if your civil action is classified as an independent civil action. who has acted without discernment. Jose Charito Cortez. In cases of subdivisions 1. let the civil and criminal cases proceed simultaneously separately. or minor shall respond with their own property. Joji Bernadette Ancog. in all events. Well. But this was subsequently amended by PD 603. Jerry Catague. Before. Therefore. the issue was: Can the parents avoid liability by claiming exercise of due diligence in the supervision of their children? Weil. IAC. you will say that it is only possible when I am suing for quasi-delict. The SC said. Angel Question: This goes back to those circumstances which justify criminal liability. Zaldy Lu. Originally. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. They are exempt from criminal liability but they are not exempt from civil liability. That primary liability under the provisions of Article 101 of the RPC with respect to damages ex-delicto caused by their children. NO. You cannot use Article 2180 for this. Alex Blaise Cunanan. many thought that this Article only applies to quasi-delicts. But the SC said in the case of Libi vs. That Is on quasi-delict where the parents can claim the exercise of a good father of a family. as amended by EO 227. This is what the discussion of civil liability in those cases. It is because of Article 221 of the Family Code. But you can raise defenses. parents are only civilly liable for acts or omissions committed by their unemancipated children arising from culpa aquiliana subject to defenses. That is why LIB1 case is doctrinal.THE FRATERNAL ORDER OF ST. The liability now devolves upon those who exercise parental authority. 214 SCA 16. ultimately. paragraph 1 of the RPC. and clarified by the case of Libi vs. all those who benefited. However. PD 603 was further modified by Article 221 of the Family Code. Question: How do you enforce the civil liability of minor with respect to a crime he has committed? Answer: The law governing the civil liability of minor is this Article 101. IAC. Iñigo & Atty Teodoro V. Who will shoulder the civil liability? Well. There is civil liability except paragraphs 4 and 7. Is there civil liability? Answer: None. Joji Bernadette Ancog. our example before was that the fire department destroyed some buildings to prevent the fire from spreading. but here we are talking of civil liability arising from a crime. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Jette Roy Sanchez. Question: How about state of necessity? Answer: Article 101. the civil liability of parents for the crimes committed-by their children is also governed by Article 2180 of the Civil Code. the general rule. Meaning. Ryan Reyes & Marilou dela Cruz 261 . This is what Article 221 says: “Parents and other persons exercising parental authority shall be civilly liable for the injuries and damages caused by the acts of their unemancipated children living in their company and under their parental authority subject to the appropriate defenses provided by law. It is not confined only to quasi-delict. The parents are liable and be held primarily liable for civil liability arising from criminal offenses committed by their minor children under their authority or control or who live in their company unless it is proven that the former acted with the diligence of a good father of a family. ACADCOM 2004: Antoinette Principe. Question: What is now the present governing law with respect to the civil liability o minors? Answer: It is not Article 221 of the Family code as amended by EO 227. Jose Charito Cortez. This question should have come out in the bar. The first minority or insanity or imbecility. except those that fall under subdivision 4 of Article II. Such primary liability is imposed pursuant to Article 2180 of the Civil Code. Article 221 of the Family Code applies to civil liability committed by minors arising from a crime. In exempting. Iñigo & Atty Teodoro V. Ryan Reyes & Marilou dela Cruz 262 .THE FRATERNAL ORDER OF ST. The perfect example when you are engaged in a transportation business. Suppose he happened to be my family driver. For example. — In default of the persons criminally liable. So. Who is civilly liable? Of course. and shall furthermore have followed the directions which such innkeeper or his representative may have given them with respect to the care and vigilance over such goods. Zaldy Lu. persons. Alex Blaise Cunanan. tavern-keepers. He cannot pay. Jette Roy Sanchez. workmen. when the crime was committed you were still serving liquor. or for the payment of the value thereof. while driving the ear. In most cases. But ACADCOM 2004: Antoinette Principe. So. Who is liable criminally? Of course. If the driver is insolvent. in all cases where a violation of municipal ordinances or some general or special police regulation shall have been committed by them or their employees. This refers to liabilities of innkeepers. The judgment has become final. Can you apply this? NO. So. The modern concept is hotels or lodging houses. The person using violence or cause fear shall be primarily liable civilly. Subsidiary civil liability of innkeepers. pupils. the employer shall be liable. This is how you apply the first paragraph. Taverns are bars or restaurants. Those who do the act are secondarily liable. But you can sue under culpa aquiliana. That is very common. those primarily liable civilly are also criminally liable as principals by inducement. tavernkeepers and proprietors of establishments. Angel The third refers to uncontrollable fear and irresistible force. Suppose one customer kills another customer while still serving liquor. No liability shall attach in case of robbery with violence against or intimidation of persons unless committed by the innkeeper's employees. Jose Charito Cortez. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Your driver. the customer.reckless imprudence.000. tavernkeepers. Innkeepers are also subsidiarily liable for the restitution of goods taken by robbery or theft within their houses from guests lodging therein. There is employer-employee relationship. and corporations engaged in any kind of industry for felonies committed by their servants. What will happen? The employer will pay. These terms are old English. What if he is insolvent? The owner of the bar is liable. of the deposit of such goods within the inn. apprentices. Subsidiary civil liability of other persons. an ordinance prohibits the selling of liquor after midnight. Art. Because there you are not engaged in business. That is subsidiary. 103. or the person representing him. Art. — The subsidiary liability established in the next preceding article shall also apply to employers. The driver is insolvent. hits somebodyhomicide through . that is what happens. teachers. He was sent to jail and to pay the family of the victim the sum of P50. Joji Bernadette Ancog. and any other persons or corporations shall be civilly liable for crimes committed in their establishments. your driver is the one charged criminally. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. 102. or employees in the discharge of their duties. the customer. The driver was convicted. innkeepers. provided that such guests shall have notified in advance the innkeeper himself. Jerry Catague. This is what you call as the subsidiary liability of employees. but not theft committed by the hotel employees—Article 103 applies. In Article 103. But he did mil pay. Restitution. the room boy or the chambermaid entered the room. the thief is its employee. Question: Is this not the same culpa-aquiliana where for the act of the employee. This one applies only to employer for crimes committed by their employees if they are engaged in an industry. here in culpa-aquliana. The thing itself shall be restored. or he is not acting in the discharge of his duties. Joji Bernadette Ancog. Zaldy Lu. or diminution of value as determined by the court. let us say. That is not available as a defense under Article 103. — The restitution of the thing itself must be made whenever possible. 105. The chambermaid saw the guest's money and stole it. This provision is not applicable in cases in which the thing has been acquired by the third person in the manner and under the requirements which. that is not an excuse for not being liable. What is integrated by article 102 is theft committed by third persons on hotel guests. saving to the latter his action against the proper person. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. even though it be found in the possession of a third person who has acquired it by lawful means. He employs a person for his business. You must wait for the finality. Jerry Catague. My buyer did not have a better title because the one who sold the land to him is not the real owner 1 he seller is somebody who merely impersonated the true owner. One day.THE FRATERNAL ORDER OF ST. Question: Suppose. a hotel guest was told by the management: Do not keep your goods inside your hotel room. not his household. who may be liable to him. by law. so the thief-employee was charged with theft and found guilty. The defense is that I am not engaged in an industry. the employer is liable? Answer: No. ACADCOM 2004: Antoinette Principe. with allowance for any deterioration. it is liable because the chambermaid. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. lie was sentenced to indemnify -restitution or relation for the-loss of property. Ryan Reyes & Marilou dela Cruz 263 . The thief was identified. your right is to run against the Assurance Fund It is different when I steal your title then I pretend that I knew. But under Article 103. Is his employer liable? Is the hotel manager liable for the losses if the victim did not follow his instruction? Is the hotel management liable? Answer: Under Article 102. Jette Roy Sanchez. What is your right? You are the owner. I introduce myself as the title owner. The third party will not be liable because of the protection for innocent purchasers for value. What is the advantage? The employer cannot say that he exercised diligence in the supervision of his employee That is only applicable in culpa-aquiliana. Jose Charito Cortez. bar an action for its recovery. you must wait for the conviction to happen. How made. Art. Alex Blaise Cunanan. you can sue directly the employer. the hotel management is not liable. Even if the hotel guest did not follow the instructions. Angel not Article 103. You must prove insolvency of the employee before you can recover. then 1 sell it to you citing my name as the name of the true owner. Iñigo & Atty Teodoro V. restitution cannot be ordered. The recovery from the Munsayac vs. How made. Ryan Reyes & Marilou dela Cruz 264 . What is included. — The court shall determine the amount of damage. The dismissal of the criminal charges at the complainant's instance carried the dismissal of the civil aspect of the accompanying the filing of the criminal information of the criminal cases. Or you cannot return something. Reparation. complainant. The cases against Asuncion were dismissed based on complainant's affidavit of desistance.dilbcrto and Elena Munsayac. desisted from pursuing the criminal cases upon learning that the stolen items were already sold by the accused to Edilberto and Elena Munsayac. Iñigo & Atty Teodoro V. Angel There is a case involving a robber for theft or robbery for as long the property is proven to have been transferred to a third person. the victim of the theft. But when you desisted from prosecuting. Jose Charito Cortez. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Question: How do you determine the value? Answer: The market value. How to recover it? The next substitute is reparation. Jerry Catague. Any way. You pay for the value of the property destroyed . like it was razed by fire. Jette Roy Sanchez. Indemnification. Art. including other factors. and reparation shall be made accordingly. but also those suffered by his family or by a third person by reason of the crime. Zaldy Lu.THE FRATERNAL ORDER OF ST. Held: The complainant was in error. Joji Bernadette Ancog. like the sentimental value of the property Art. — Indemnification for consequential damages shall include not only those caused the injured party. Villasor 185 SCRA 324 Facts: Two information for theft of jewelry and gold coins were filed against Eduardo Asuncion. Without any judgment of conviction in the criminal cases. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. in theft or in robbery if the object can no longer be returned because it is already consumed if consumable. whenever possible. During the hearing of the cases. 106. property stolen. complainant still has the right to recover the properties she lost by filling an entirely new civil action. the case ends there. said the SC. For example. 107. ACADCOM 2004: Antoinette Principe. taking into consideration the price of the thing. The complainant then filed in the same criminal cases a motion for restitution of the stolen properties directed against F. Obviously. The rule is you can recover the properties in the same criminal case. Reparation is really applied in crimes against property. Alex Blaise Cunanan. and its special sentimental value to the injured party. Why? Because you can recover when the criminal case went on and led to a conviction. or it was sold to somebody who can no longer be found. who is not a party. the victim is more interested in recovering the stolen property than in prosecuting the accused. if you are supported by the deceased. like he sent you to school That person was killed.000.THE FRATERNAL ORDER OF ST. what is the value of human life? There is no definite value. Based on practice and policy of the SC as of today. How about the family. actual and compensatory. like the sentimental value of the property If you murder somebody. Alex Blaise Cunanan. Obligation to make restoration. including other factors. 108. Jose Charito Cortez. Civil Code). The action to demand restoration.000. Based on practice and policy of the SC as of today. the court will decree indemnity for the family for P50. So. you have to indemnify the family. That is the standard minimum. Jette Roy Sanchez. Art. Something. But it could be higher but not less. for the physical anguish. what is the standard rate for the life of a human being? P50. there are other damages tinder the law. A good example of a third person is. cart they recover? Yes. what is the value of human life? There is no definite value. if the crime is attended by one or more aggravating circumstances. Because by that. Iñigo & Atty Teodoro V. Ryan Reyes & Marilou dela Cruz 265 . That is ACADCOM 2004: Antoinette Principe. you have to indemnify the family. Joji Bernadette Ancog. Question: Are moral damages recoverable in a felony? Answer: Yes. the law says so: xxx including those suffered by his family. reparation for damages. Not only that. If you murder somebody. You cannot place a value on how much a life of a human being costs. Upon whom it devolves. Question: How do you determine the value? Answer: The market value. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. You are entitled to indemnification even if you are not a member of the family. That is automatic. the mental anguish. But it could be higher but not less. reparation. the court can award exemplary damages (Art. Zaldy Lu. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Of course. or indemnification for consequential damages and actions to demand the same. 2230. Exemplary damages are also recoverable. Angel For physical injuries. third person is not a member of the family can claim for loss of support. You pay for the value of the property destroyed . This is where the law on torts and damages comes in. you have cut-off the consideration support. you pay damages to the victim. — The obligation to make restoration or reparation for damages and indemnification for consequential damages devolves upon the heirs of the person liable. what is the standard rate for the life of a human being? P50. loss of earning capacity. Jerry Catague. nor related to the deceased but he is giving you support.000. that is what is meant by indemnification. the suffering. property stolen. According to the Civil Code. actual and compensatory. or by a third person by reason of crime. How to recover it? The next substitute is reparation. like it was razed by fire. and indemnification likewise descends to the heirs of the person injured. You cannot place a value on how much a life of a human being costs. Of course. actual and compensatory. That is the standard minimum. You are not his son. If the victim died. So. Joji Bernadette Ancog. Roman Bondaon & Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Angel automatic. Zaldy Lu.000. Iñigo & Atty Teodoro V. Jose Charito Cortez. the court will decree indemnity for the family for P50. there are other damages tinder the law. Not only that. ACADCOM 2004: Antoinette Principe. Ryan Reyes & Marilou dela Cruz 266 . THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Jette Roy Sanchez. Alex Blaise Cunanan. Jerry Catague. If the victim died.THE FRATERNAL ORDER OF ST. if something is left to you. Iñigo & Atty Teodoro V. accomplices and accessories of a felony. The heirs of the accused will pay only out of what they inherited from the deceased. it shall devolve upon the heirs of the accused. If the victim dies before he can recover (damages). You are entitled to indemnification even if you are not a member of the family. like he sent you to school That person was killed. Joji Bernadette Ancog. and indemnification likewise descends to the heirs of the person injured. Exemplary damages are also recoverable. next. the suffering. Whenever the liability in solidum or the subsidiary liability has been enforced. his heirs will inherit his right to recover. for the physical anguish. Roman Bondaon. that is what is meant by indemnification The action to demand restoration. Alex Blaise Cunanan. who will now pay? That law says. that is based on what the accused left behind. against that of the accessories. it is accused who died before he could pay his liability. Preference in payment. Jerry Catague. 110. Share of each person civilly liable. the court can award exemplary damages (Art. So. accomplices. against that of the accomplices. Zaldy Lu. lastly. Ryan Reyes & Marilou dela Cruz 267 . THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. 2230. the mental anguish. If nothing is left to them. Chona Cabañero ACADCOM 2007: Randolf Esparagoza. if you are supported by the deceased. Because by that. Jette Roy Sanchez. and subsidiaries for those of the other persons liable. The subsidiary liability shall be enforced. Civil Code). first against the property of the principals. Art. if the deceased or accused died a pauper. nor related to the deceased but he is giving you support. you have cut-off the consideration support. and. if the crime is attended by one or more aggravating circumstances. Suppose. According to the Civil Code. the law says so: xxx including those suffered by his family. Several and subsidiary liability of principals. cart they recover? Yes. the principals. Art. reparation. Do not interpret it in such a way the heirs have to work for raising money to pay for the liability. shall be liable severally (in solidum) among themselves for their quotas. How about the family. the person by whom payment has been made shall have a right of action against the others for the amount of their respective shares. 109. ACADCOM 2004: Antoinette Principe. — Notwithstanding the provisions of the next preceding article.THE FRATERNAL ORDER OF ST. obligation first before inheritance So. and accessories. — If there are two or more persons civilly liable for a felony the courts shall determine the amount for which each must respond. you cannot recover. You are not his son. third person is not a member of the family can claim for loss of support. A good example of a third person is. It does not mean to say that the heirs will pay the liability from their own pockets. or by a third person by reason of crime. Jose Charito Cortez. Angel Question: Are moral damages recoverable in a felony? Answer: Yes. you cannot tell his family "you raise money for me". So. each within their respective class. Later on. did not know that it was stolen. For example. your income increases. but she was in good faith What happened to the ring? She sold it away. Ryan Reyes & Marilou dela Cruz 268 . 111. The benefit or participation of the girlfriend is only worth P20.000. Alex Blaise Cunanan.000.00 should be returned to its owner. The third person acquired stolen property by lawful means ARTICLE 111 He is also bound to make restitution The third person acquired it gratuitously According to the law. Question: Are you liable because you acquired the cake gratuitously and you were satisfied because you ate it? Are you liable for reparation in the amount of P100. But the ring is worth P50. You are able to restitute only in an amount equivalent to the extent of your participation. The girl sold the ring for P 20. What is an example of a person who has participated gratuitously in the proceeds of a felony? It applies to a person who received. Zaldy Lu. Roman Bondaon.000.000. but he cannot avoid.THE FRATERNAL ORDER OF ST. i steal food. Jette Roy Sanchez. She cannot be made to pay higher than that. Suppose. I gave it to you. What is the civil liability of the girlfriend? The P20. Angel Art.105? ARTICLE 105 The third person who acquired the property is also required to return it to its owner. it was established that the ring was stolen.111 from Art. Jose Charito Cortez. He acquired it gratuitously. Iñigo & Atty Teodoro V. a thief gave his girlfriend a diamond ring worth P 50.00 as a gift. Answer: No. Jerry Catague. that is not applicable to that case because this applies only when your fortune is augmented – when become richer. Joji Bernadette Ancog. — Any person who has participated gratuitously in the proceeds of a felony shall be bound to make restitution in an amount equivalent to the extent of such participation. To whom did she sell it? She didn't see her anymore. ACADCOM 2004: Antoinette Principe. Chona Cabañero ACADCOM 2007: Randolf Esparagoza.00. Then. civil liability. because if he knew he will be an accessory. That is what it means. Question: How do you compare Art. assuming he is m good faith. We will assume that the third person who received a stolen ring. It was given to her.000. later they broke up. Or fence. by vvay of gift. stolen property. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. you ate it and then there is now civil liability in favor of the owner of the bakeshop on account of the theft. Obligation to make restitution in certain cases. Now. cake from the bakeshop worth P 100. for example. such third person is liable to make a restitution in an amount equivalent to the extent of his participation. he cannot be held criminally liable as a fence or accessory. Partial extinction. Art. Pardon does not wipe out civil liability. Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Angel CHAPTER THREE EXTINCTION AND SURVIVAL OF CIVIL LIABILITY Do not confuse extinction of criminal liability from the extinction of civil liability. Question: Is the accused. but not the civil liability.THE FRATERNAL ORDER OF ST.  Confusion or merger of the rights of the creditor and debtor.  Novation. So. Alex Blaise Cunanan. Jose Charito Cortez. Iñigo & Atty Teodoro V. Ryan Reyes & Marilou dela Cruz 269 . Extinction of criminal liability is Art. and that determinate thing was lost because of fortuitous event. 113.  Annulment  Rescission  Fulfillment of a resolutory condition and Prescription So. Jerry Catague. when the obligor is to deliver to the oblige a determinate thing. total extinction. Remember. ACADCOM 2004: Antoinette Principe. but does not extinguish the civil liability because that is separate and distinct. That is very clear under Art. the cows died because of some disease. liable to pay for the value of the cattle. Question: How do you distinguish civil liability Answer: According to ART. the obligation is totally extinguished. PROBLEM: Somebody was stealing cattle. Pardon by the President. Zaldy Lu. Jette Roy Sanchez. upon conviction. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Question: Is there an obligation on the part of the accused despite the pardon to still pay the civil liability? Answer: Article 113 is very clear.  Payment or performance  Condonation or remission of the debt. While the cattle was in his possession. You have to separate the rules" in extinguishing criminal liability from the rules extinguishing civil liability. or amnesty may extinguish the criminal liability. The grounds for extinction of criminal liability are separate and distinct from the grounds of extinction of civil liability. That is the loss of the thing due by virtue of fortuitous event. civil liability is extinguished in the same manner as any obligation extinguished under the Civil Code. 89. Roman Bondaon. Question: What are the modes of extinguishing obligations? Answer: Civil liability is extinguished by. The President can pardon the criminal liability. that is the only mode not recognized under the Penal Code. There is only mode for extinction of obligations under the Civil Code which is not recognized in the Penal Code.  Compensation. 112. Joji Bernadette Ancog. the modes of extinguishing civil liability are the same with the provisions of the Civil Code. 94. THE FRATERNAL ORDER OF ST. Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Jose Charito Cortez. Jette Roy Sanchez. Iñigo & Atty Teodoro V. Roman Bondaon. Ryan Reyes & Marilou dela Cruz 270 . THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Angel ACADCOM 2004: Antoinette Principe. Zaldy Lu. Joji Bernadette Ancog. Alex Blaise Cunanan. Jerry Catague. the State shall adopt measures for dealing with such children without resorting to judicial proceedings. It shall ensure that children are dealt with in a manner appropriate to their well-being by providing for. spiritual. Short Title and Scope. taking into account the child's age and desirability of promoting his/her reintegration.This Act shall be known as the "Juvenile Justice and Welfare Act of 2006. and other conditions prejudicial to their development. intellectual and social well-being. CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE. Proceedings before any authority shall be conducted in the best interest of the child and in a manner which allows the child to participate and to express himself/herself freely. foster care. (c) The State likewise recognizes the right of children to assistance. counseling. Jose Charito Cortez. guidance and supervision orders.The following State policies shall be observed at all times: (a) The State recognizes the vital role of children and youth in nation building and shall promote and protect their physical. Angel Republic of the Philippines Congress of the Philippines Metro Manila Begun and held in Metro Manila. Zaldy Lu. ACADCOM 2004: Antoinette Principe. Roman Bondaon. Jerry Catague. SEC. two thousand and five. . education and vocational training programs and other alternatives to institutional care. The participation of children in the program and policy formulation and implementation related to juvenile justice and welfare shall be ensured by the concerned government agency. on Monday. APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: TITLE I GOVERNING PRINCIPLES CHAPTER 1 TITLE. Iñigo & Atty Teodoro V. Jette Roy Sanchez.THE FRATERNAL ORDER OF ST. a variety of disposition measures such as care. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Declaration of State Policy. among others. 2. providing that human rights and legal safeguards are fully respected. abuse. Republic Act No. and special protection from all forms of neglect. Joji Bernadette Ancog. It shall inculcate in the youth patriotism and nationalism. the State recognizes the right of every child alleged as. (b) The State shall protect the best interests of the child through measures that will ensure the observance of international standards of child protection. including proper care and nutrition. Alex Blaise Cunanan. adjudged. the twenty-fifth day of July. . POLICY AND DEFINITION OF TERMS Section 1. probation. Chona Cabañero ACADCOM 2007: Randolf Esparagoza." It shall cover the different stages involving children at risk and children in conflict with the law from prevention to rehabilitation and reintegration. especially those to which the Philippines is a party. cruelty and exploitation. (d) Pursuant to Article 40 of the United Nations Convention on the Rights of the Child. and encourage their involvement in public and civic affairs. 9344 AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM. accused of. or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth. Whenever appropriate and desirable. moral. Ryan Reyes & Marilou dela Cruz 271 . Angel (e) The administration of the juvenile justice and welfare system shall take into consideration the cultural and religious perspectives of the Filipino people. or unable to provide protection for the child. (6) being a streetchild. or adjudged as. particularly the indigenous peoples and the Muslims. (2) being exploited including sexually or economically. 3.In case of doubt. (d) "Child at Risk" refers to a child who is vulnerable to and at the risk of committing criminal offenses because of personal. Definition of Terms. or recognizance. Alex Blaise Cunanan. economic or any other means and the parents or guardian refuse. Ryan Reyes & Marilou dela Cruz 272 . (5) being out of school. as well as rehabilitation of the child in conflict with the law. Chona Cabañero ACADCOM 2007: Randolf Esparagoza. property bond. are unwilling. Jose Charito Cortez. the parent or guardian cannot be found. Jette Roy Sanchez. and (9) living in situations of armed conflict. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. psychological and emotional development. Liberal Construction of this Act. (f) "Community-based Programs" refers to the programs provided in a community setting developed for purposes of intervention and diversion. psychological. Iñigo & Atty Teodoro V. (f) The State shall apply the principles of restorative justice in all its laws. such as. (8) living in a community with a high level of criminality or drug abuse. SEC. Roman Bondaon. . cash deposit. (e) "Child" refers to a person under the age of eighteen (18) years.The following terms as used in this Act shall be defined as follows: (a) "Bail" refers to the security given for the release of the person in custody of the law. physical. furnished by him/her or a bondsman. (b) "Best Interest of the Child" refers to the totality of the circumstances and conditions which are most congenial to the survival.THE FRATERNAL ORDER OF ST. (e) "Child in Conflict with the Law" refers to a child who is alleged as. Zaldy Lu. (4) coming from a dysfunctional or broken family or without a parent or guardian. Bail may be given in the form of corporate security. . including its implementing rules and regulations (IRRs). mental. (3) being abandoned or neglected. the interpretation of any of the provisions of this Act. the following: (1) being abused by any person through sexual. having committed an offense under Philippine laws. policies and programs applicable to children in conflict with the law. to guarantee his/her appearance before any court. protection and feelings of security of the child and most encouraging to the child's physical. 4. and after diligent search and inquiry. consistent with the protection of the rights of children belonging to these communities. (7) being a member of a gang. family and social circumstances. Jerry Catague. ACADCOM 2004: Antoinette Principe. for reintegration into his/her family and/or community. accused of. Joji Bernadette Ancog. shall be construed liberally in favor of the child in conflict with the law. It also means the least detrimental available alternative for safeguarding the growth and development of the child. but not limited to. SEC. which provides child-appropriate proceedings. (I) "Intervention" refers to a series of activities which are designed to address issues that caused the child to commit an offense. Alex Blaise Cunanan. when required. the victim and the community in prevention strategies. and reassurance to the offender that he/she can be reintegrated into society. re-integration and aftercare to ensure their normal growth and development. It also enhances public safety by activating the offender. It seeks to obtain reparation for the victim. any regional trial court. (k) "Initial Contact With-the Child" refers to the apprehension or taking into custody of a child in conflict with the law by law enforcement officers or private citizens. Jerry Catague. Angel (g) "Court" refers to a family court or. the offender and the community. truancy. while an adult does not suffer any penalty for committing similar acts. LGUs. It may take the form of an individualized treatment program which may include counseling. It includes the time when the child alleged to be in conflict with the law receives a subpoena under Section 3(b) of Rule 112 of the Revised Rules of Criminal Procedure or summons under Section 6(a) or Section 9(b) of the same Rule in cases that do not require preliminary investigation or where there is no necessity to place the child alleged to be in conflict with the law under immediate custody. child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her social. licensed and/or accredited NGOs monitored by the DSWD. (r) "Status Offenses" refers to offenses which discriminate only against a child. (m) "Juvenile Justice and Welfare System" refers to a system dealing with children at risk and children in conflict with the law. economic. skills training. including programs and services for prevention. (s) "Youth Detention Home" refers to a 24-hour child-caring institution managed by accredited local government units (LGUs) and licensed and/or accredited nongovernment organizations (NGOs) providing short-term residential care for children in conflict with the law who are awaiting court disposition of their cases or transfer to other agencies or jurisdiction. Jose Charito Cortez. (i) "Diversion" refers to an alternative. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. (p) "Recognizance" refers to an undertaking in lieu of a bond assumed by a parent or custodian who shall be responsible for the appearance in court of the child in conflict with the law. or to the placement of a child in conflict with the law in a public or private custodial setting. (q) "Restorative Justice" refers to a principle which requires a process of resolving conflicts with the maximum involvement of the victim. from which the child in conflict with the law is not permitted to leave at will by order of any judicial or administrative authority. education. Ryan Reyes & Marilou dela Cruz 273 . rehabilitation. (n) "Law Enforcement Officer" refers to the person in authority or his/her agent as defined in Article 152 of the Revised Penal Code. as amended. emotional and psycho-social well-being. cultural. (h) "Deprivation of Liberty" refers to any form of detention or imprisonment. which provides ACADCOM 2004: Antoinette Principe. Roman Bondaon. diversion. reconciliation of the offender. Iñigo & Atty Teodoro V. Zaldy Lu. the offended and the community. including a barangay tanod. parental disobedience and the like. (0) "Offense" refers to any act or omission whether punishable under special laws or the Revised Penal Code. and other activities that will enhance his/her psychological. Jette Roy Sanchez. These shall include curfew violations. (j) "Diversion Program" refers to the program that the child in conflict with the law is required to undergo after he/she is found responsible for an offense without resorting to formal court proceedings. (t) "Youth Rehabilitation Center" refers to a 24-hour residential care facility managed by the Department of Social Welfare and Development (DSWD). Joji Bernadette Ancog. Chona Cabañero ACADCOM 2007: Randolf Esparagoza. in places where there are no family courts.THE FRATERNAL ORDER OF ST. psychological or educational background without resorting to formal court proceedings. (m) the right to probation as an alternative to imprisonment. Angel care. without the possibility of release. Roman Bondaon. if qualified under the Probation Law. Jette Roy Sanchez. In particular. a child deprived of liberty shall be separated from adult offenders at all times. (h) the right to have his/her privacy respected fully at all stages of the proceedings. Chona Cabañero ACADCOM 2007: Randolf Esparagoza. (g) the right to testify as a witness in hid/her own behalf under the rule on examination of a child witness. and where discretion is given by law to the judge to determine whether to impose fine or imprisonment. Alex Blaise Cunanan. He/She shall be conveyed separately to or from court. the right to automatic suspension of sentence. (b) the right not to be imposed a sentence of capital punishment or life imprisonment. He/She shall await hearing of his/her own case in a separate holding area. and to a prompt decision on such action. 5. as well as the right to challenge the legality of the deprivation of his/her liberty before a court or other competent.THE FRATERNAL ORDER OF ST. Jerry Catague. (I) in general. Jose Charito Cortez. of his/her liberty. Joji Bernadette Ancog. and which shall be for the shortest appropriate period of time. A child in conflict with the law shall have the right to maintain contact with his/her family through correspondence and visits. (u) "Victimless Crimes" refers to offenses where there is no private offended party. in appropriate cases. (d) the right to be treated with humanity and respect. and in a manner which takes into account the needs of a person of his/her age. Ryan Reyes & Marilou dela Cruz 274 . under the principle of restorative justice. (i) the right to diversion if he/she is qualified and voluntarily avails of the same. (f) the right to bail and recognizance. Iñigo & Atty Teodoro V. inhuman or degrading treatment or punishment. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. No child shall be detained together with adult offenders. unlawfully or arbitrarily. for the inherent dignity of the person. the imposition of fine being preferred as the more appropriate penalty. (j) the right to be imposed a judgment in proportion to the gravity of the offense where his/her best interest. (k) the right to have restrictions on his/her personal liberty limited to the minimum. detention or imprisonment being a disposition of last resort. CHAPTER 2 PRINCIPLES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE SEC. including but not limited to: (a) the right not to be subjected to torture or other cruel. the rights of the victim and the needs of society are all taken into consideration by the court. treatment and rehabilitation services for children in conflict with the law. (e) the right to prompt access to legal and other appropriate assistance. Rehabilitation services are provided under the guidance of a trained staff where residents are cared for under a structured therapeutic environment with the end view of reintegrating them into their families and communities as socially functioning individuals. independent and impartial authority. (c) the right not to be deprived.Every child in conflict with the law shall have the following rights. Rights of the Child in Conflict with the Law. . ACADCOM 2004: Antoinette Principe. Physical mobility of residents of said centers may be restricted pending court disposition of the charges against them. Zaldy Lu. save in exceptional circumstances. In all proceedings. If a case has been fiied against the child in conflict with the law and is pending in the appropriate court. baptismal certificate or any other pertinent documents. Pending hearing on the said motion. Alex Blaise Cunanan. Juvenile Justice and Welfare Council (JJWC). Jette Roy Sanchez. (d) Public Attorney's Office (PAO). unless he/she has acted with discernment. 8. In case of doubt as to the age of the child. The JJWC shall be chaired by an undersecretary of the Department of Social Welfare and Development. Roman Bondaon. In the absence of these documents. which shall be enforced in accordance with existing laws. such child shall be subjected to the appropriate proceedings in accordance with this Act. Joji Bernadette Ancog.THE FRATERNAL ORDER OF ST. Angel (n) the right to be free from liability for perjury. 6. Iñigo & Atty Teodoro V. prosecutors. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. the physical appearance of the child and other relevant evidence.The child in conflict with the law shall enjoy the presumption of minority. The exemption from criminal liability herein established does not include exemption from civil liability.A Juvenile Justice and Welfare Council (JJWC) is hereby created and attached to the Department of Justice and placed under its administrative supervision. The State further adopts the provisions of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice or "Beijing Rules". (b) Department of Education (DepEd). Zaldy Lu. TITLE II STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND WELFARE SEC. law enforcement officers. . SEC. United Nations Guidelines for the Prevention of Juvenile Delinquency or the "Riyadh Guidelines". age may be based on information from the child himself/herself. the child shall be subjected to an intervention program pursuant to Section 20 of this Act. . Determination ofAge. proceedings on the main case shall be suspended. testimonies of other persons. Jose Charito Cortez. and the United Nations Rules for the Protection of Juveniles Deprived of Liberty. it shall be resolved in his/her favor. the person shall file a motion to determine the age of the child in the same court where the case is pending. Any person contesting the age of the child in conflict with the law prior to the filing of the information in any appropriate court may file a case in a summary proceeding for the determination of age before the Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of all interested parties. concealment or misrepresentation. The age of a child may be determined from the child's birth certificate. Ryan Reyes & Marilou dela Cruz 275 . A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program. Jerry Catague. . (e) Bureau of Corrections (BUCOR). Chona Cabañero ACADCOM 2007: Randolf Esparagoza.A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. Minimum Age of Criminal Responsibility. (c) Department of the Interior and Local Government (DILG). 7. judges and other government officials concerned shall exert all efforts at determining the age of the child in conflict with the law. SEC. It shall ensure the effective implementation of this Act and coordination among the following agencies: (a) Council for the Welfare of Children (CWC). and (o) other rights as provided for under existing laws. rules and regulations. in which case. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or older. However. (f) Parole and Probation Administration (PPA) ACADCOM 2004: Antoinette Principe. Jerry Catague. problems and causes of juvenile delinquency and crimes. The JJWC shall be composed of representatives. as herein provided. Jose Charito Cortez. (k) Technical Education and Skills Development Authority (TESDA). Roman Bondaon. (2) the periodic trends. All programs relating to juvenile justice and welfare shall be adopted in consultation with the JJWC. Jette Roy Sanchez. Joji Bernadette Ancog. as well as for the treatment and rehabilitation of the children in conflict with the law. (c) Council for the Welfare of Children (CWC) (d) Department of Education (DepEd). (e) To coordinate the implementation of the juvenile intervention programs and activities by national government agencies and other activities which may have an important bearing on the success of the entire national juvenile intervention program..The JJWC shall have the following duties and functions: (a) To oversee the implementation of this Act. (g) To collect relevant information and conduct continuing research and support evaluations and studies on all matters relating to juvenile justice and welfare. Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Ryan Reyes & Marilou dela Cruz 276 . (g) National Youth Commission (NYC). Angel (g) National Bureau of Investigation (NBI). Iñigo & Atty Teodoro V. The Secretary of Justice and the Secretary of Social Welfare and Development shall determine the organizational structure and staffing pattern of the JJWC. (e) Department of the Interior and Local Government (DILG) (f) Commission on Human Rights (CHR). and (3) the particular needs of children in conflict with the law in custody. (f) To formulate and recommend policies and strategies in consultation with children for the prevention of juvenile delinquency and the administration of justice. . The JJWC shall coordinate with the Office of the Court Administrator and the Philippine Judicial Academy to ensure the realization of its mandate and the proper discharge of its duties and functions. (i) Commission on Human Rights (CHR). (i) Bureau of Jail Management and Penology (BJMP). and (m) Other institutions focused on juvenile justice and intervention programs. NGOs and youth organizations. with the participation of government agencies concerned. 9. (c) To assist the concerned agencies in the review and redrafting of existing policies/regulations or in the formulation of new ones in line with the provisions of this Act. Duties and Functions of the JJWC. (b) Department of Social Welfare and Development (DSWD). one to be designated by the Secretary of Justice and the other to be designated by the Secretary of Social Welfare and Development. Zaldy Lu. and (h) Two (2) representatives from NGOs. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. (d) To periodically develop a comprehensive 3 to 5-year national juvenile intervention program. Alex Blaise Cunanan. SEC. ACADCOM 2004: Antoinette Principe.THE FRATERNAL ORDER OF ST. to be designated by the concerned heads of the following departments or agencies: (a) Department of Justice (DOJ). The JJWC shall convene within fifteen (15) days from the effectivity of this Act. (b) To advise the President on all matters and policies relating to juvenile justice and welfare. (l) National Youth Commission (NYC). whose ranks shall not be lower than director. such as but not limited to: (1) the performance and results achieved by juvenile intervention programs and by activities of the local government units and other government agencies. (h) Philippine National Police (PNP). community organizations and agencies in the prevention of juvenile delinquency and in the rehabilitation and reintegration of child in conflict with the law. necessary and individualized educational schemes for children manifesting difficult behavior and children in conflict with the law. have the duty to maintain the highest critical and professional standards in reporting and covering cases of children in conflict with the law. Policies and Procedures on Juvenile Justice and Welfare. 11. Jose Charito Cortez. Child Rights Center (CRC). Chona Cabañero ACADCOM 2007: Randolf Esparagoza.All government agencies enumerated in Section 8 shall. . Ryan Reyes & Marilou dela Cruz 277 . These policies and procedures shall be modified accordingly in consultation with the JJWC upon the completion of the national juvenile intervention program as provided under Section 9 (d). they should be provided the opportunity to continue learning under an alternative learning system with basic literacy program or non. and delinquency prevention by relaying consistent messages through a balanced approach. Zaldy Lu.THE FRATERNAL ORDER OF ST. . and (k) To perform such other functions as may be necessary to implement the provisions of this Act. inappropriate and sensationalized publicity of any case involving a child in conflict with the law is hereby declared a violation of the child's rights. Alex Blaise Cunanan. Jerry Catague. Jette Roy Sanchez.The family shall be responsible for the primary nurturing and rearing of children which is critical in delinquency prevention. 13.The mass media shall play an active role in the promotion of child rights. SEC. with the assistance of the JJWC and within one (1) year from the effectivity of this Act. (j) To submit an annual report to the President on the implementation of this Act. TITLE III PREVENTION OF JUVENILE DELINQUENCY CHAPTER 1 THE ROLE OF THE DIFFERENT SECTORS SEC. Joji Bernadette Ancog. The CHR shall strengthen the monitoring of government compliance of all treaty obligations. . (i) To initiate and coordinate the conduct of trainings for the personnel of the agencies involved in the administration of the juvenile justice and welfare system and the juvenile intervention program. In all publicity concerning children.formal education accreditation equivalency system. (h) Through duly designated persons and with the assistance of the agencies provided in the preceding section. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Roman Bondaon. a child in conflict with the law shall be maintained in his/her family. Angel The data gathered shall be used by the JJWC in the improvement of the administration of juvenile justice and welfare system. 12. The Educational System. As far as practicable and in accordance with the procedures of this Act. Schools shall provide adequate. ACADCOM 2004: Antoinette Principe. SEC. draft policies and procedures consistent with the standards set in the law. as well as the implementation and dissemination of recommendations and conclusions by government agencies as well as NGOs and civil society. The Role of the Mass Media. SEC. Media practitioners shall. rights and interests of children are upheld in accordance with the Constitution and international instruments on human rights. Any undue.The existing Child Rights Center of the Commission on Human Rights shall ensure that the status. 10. In cases where children in conflict with the law are taken into custody or detained in rehabilitation centers. . 14. . to conduct regular inspections in detention and rehabilitation facilities and to undertake spot inspections on their own initiative in order to check compliance with the standards provided herein and to make the necessary recommendations to appropriate agencies. Iñigo & Atty Teodoro V. The Family. therefore. the best interest of the child should be the primordial and paramount concern. The JJWC shall set up a mechanism to ensure that children are involved in research and policy development. including the timely and regular submission of reports before the treaty bodies.Educational institutions shall work together with families. SEC. . Such programs shall be implemented consistent with the national program formulated and designed by the JJWC.The Sangguniang Kabataan (SK) shall coordinate with the LCPC in the formulation and implementation of juvenile intervention and diversion programs in the community. 17. in coordination with the LCPC. school. Chona Cabañero ACADCOM 2007: Randolf Esparagoza. and (c) Tertiary intervention includes measures to avoid unnecessary contact with the formal justice system and other measures to prevent re-offending. Jerry Catague. people's organizations. Iñigo & Atty Teodoro V. SEC. Community-based Programs on Juvenile Justice and Welfare. 19. The Sangguniang Kabataan. municipalities and cities shall be allocated for the strengthening and implementation of the programs of the LCPC: Provided. The LGUs shall provide community-based services which respond to the special needs.A Comprehensive juvenile intervention program covering at least a 3-year period shall be instituted in LGUs from the barangay to the provincial level. Results of the assessment shall be submitted by the provincial and city governments to the JJWC not later than March 30 of every year. educational institutions and government agencies involved in delinquency prevention to participate in the planning process and implementation of juvenile intervention programs. Appointment of Local Social Welfare and Development Officer. Jette Roy Sanchez. including a representative from the youth sector. and to oversee its proper implementation.THE FRATERNAL ORDER OF ST. Establishment and Strengthening of Local Councils for the Protection of Children. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. That the disbursement of the fund shall be made by the LGU concerned. . The LGUs shall set aside an amount necessary to implement their respective juvenile intervention programs in their annual budget. Zaldy Lu. as well as representatives from government and private agencies concerned with the welfare of children. which tackle perceived root causes of offending. Membership in the LCPC shall be chosen from among the responsible members of the community. Alex Blaise Cunanan. they shall be strengthened within one (1) year from the effectivity of this Act. These programs shall consist of three levels: (a) Primary intervention includes general measures to promote social justice and equal opportunity. youth organizations and other concerned agencies. (b) Secondary intervention includes measures to assist children at risk. . The implementation of the comprehensive juvenile intervention program shall be reviewed and assessed annually by the LGUs in coordination with the LCPC. 15. The local council shall serve as the primary agency to coordinate with and assist the LGU concerned for the adoption of a comprehensive plan on delinquency prevention. shall call on all sectors concerned. . Roman Bondaon.Local Councils for the Protection of Children (LCPC) shall be established in all levels of local government.All LGUs shall appoint a duly licensed social worker as its local social welfare and development officer tasked to assist children in conflict with the law. Ryan Reyes & Marilou dela Cruz 278 . particularly the child-focused institutions. .Community-based programs on juvenile justice and welfare shall be instituted by the LGUs through the LCPC. Jose Charito Cortez. TITLE IV TREATMENT OF CHILDREN BELOW THE AGE OF CRIMINAL RESPONSIBILITY ACADCOM 2004: Antoinette Principe. problems. Angel SEC. interests and concerns of children and which offer appropriate counseling and guidance to them and their families. 18. One percent (1%) of the internal revenue allotment of barangays. and where they have already been established. Joji Bernadette Ancog. SEC. CHAPTER 2 COMPREHENSIVE JUVENILE INTERVENTION PROGRAM SEC. SEC. 16. NGOs. Development of a Comprehensive Juvenile Intervention Program. The LGUs. (e) Properly identify himself/herself and present proper identification to the child. Jerry Catague. Ryan Reyes & Marilou dela Cruz 279 . 21. (f) Refrain from subjecting the child in conflict with the law to greater restraint than is necessary for his/her apprehension. Angel SEC. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. the child may be released to any of the following: a duly registered nongovernmental or religious organization. or when and where appropriate. the reason for such. Jose Charito Cortez. 20. a local social welfare and development officer. The exhaustion of measures to determine the age of a child and the precise details of the physical and medical examination or the failure to submit a child to such examination. or if they refuse to take custody.known as "The Child and Youth Welfare Code". the law enforcement officer shall: (a) Explain to the child in simple language and in a dialect that he/she can understand why he/she is being placed under custody and the offense that he/she allegedly committed. the proper petition for involuntary commitment shall be filed by the DSWD or the Local Social Welfare and Development Office pursuant to Presidential Decree No.THE FRATERNAL ORDER OF ST. and 3. Whenever the medical treatment is required.From the moment a child is taken into custody. Alex Blaise Cunanan. or in the event that the parents will not comply with the prevention program. The examination results shall be kept confidential unless otherwise ordered by the Family Court. The social welfare and development officer shall explain to the child and the child's parents/guardians the consequences of the child's act with a view towards counseling and rehabilitation. (h) Determine the age of the child pursuant to Section 7 of this Act. Procedure for Taking the Child into Custody. neglected or abused by his parents. or making sexual advances on the child in conflict with the law. steps shall be immediately undertaken to provide the same. and the PA0 have been informed of the apprehension and the details thereof. (j) Take the child immediately to the proper medical and health officer for a thorough physical and mental examination. the DSWD. the authority which will have an initial contact with the child has the duty to immediately release the child to the custody of his/her parents or guardian. Jette Roy Sanchez. and reparation. Zaldy Lu. otherwise . or in the absence thereof. (i) Immediately but not later than eight (8) hours after apprehension. and notify the child's apprehension. Iñigo & Atty Teodoro V. 2. Chona Cabañero ACADCOM 2007: Randolf Esparagoza. guardians or nearest relatives cannot be located. if appropriate. handcuffs or other instruments of force or restraint.If it has been determined that the child taken into custody is fifteen (15) years old or below. turn over custody of the child to the Social Welfare and Development Office or other accredited NGOs. TITLE V JUVENILE JUSTICE AND WELFARE SYSTEM CHAPTER I INITIAL CONTACT WITH THE CHILD SEC. Roman Bondaon. weapon. Children Below the Age of Criminal Responsibility. the DSWD. and if so. unless absolutely necessary and only after all other methods of control have been exhausted and have failed. (b) Inform the child of the reason for such custody and advise the child of his/her constitutional rights in a language or dialect understood by him/her. Whether handcuffs or other instruments of restraint were used. 603. and ACADCOM 2004: Antoinette Principe. (k) Ensure that should detention of the child in conflict with the law be necessary. . diversion from the criminal justice system. That the parents or guardian of a child. the child's nearest relative. (l) Record the following in the initial investigation: 1. Joji Bernadette Ancog. (d) Refrain from using vulgar or profane words and from sexually harassing or abusing. If the child referred to herein has been found by the Local Social Welfare and Development Office to be abandoned. . If the parents. (e) Avoid displaying or using any firearm. the child shall be secured in quarters separate from that of the opposite sex and adult offenders. Said authority shall give notice to the local social welfare and development officer who will determine the appropriate programs in consultation with the child and to the person having custody over the child. (g) Avoid violence or unnecessary force. a barangay official or a member of the Barangay Council for the Protection of Children (BCPC). Angel (m) Ensure that all statements signed by the child during investigation shall be witnessed by the child's parents or guardian. . religious group. Jette Roy Sanchez. Alex Blaise Cunanan. and (b) If the child is above fifteen (15) years old but below eighteen (18) and who acted with discernment. as the case may be. or nearest relative. System of Diversion. . Conferencing. 25. SEC. ACADCOM 2004: Antoinette Principe. proceed to diversion under the following chapter. Jerry Catague. who acted without discernment. 22. Jose Charito Cortez. Chona Cabañero ACADCOM 2007: Randolf Esparagoza. The child and his/her family shall be present in these activities. Such admission shall not be used against the child in any subsequent judicial. mediation or conciliation outside the criminal justice system or prior to his entry into said system. Stages Where Diversion May be Conducted.A child in conflict with law may undergo conferencing. Duties During Initial Investigation. adopt indigenous modes of conflict resolution in accordance with the best interest of the child with a view to accomplishing the objectives of restorative justice and the formulation of a diversion program. or member of the BCPC.Children in conflict with the law shall undergo diversion programs without undergoing court proceedings subject to the conditions herein provided: (a) Where the imposable penalty for the crime committee is not more than six (6) years imprisonment. The diversion program shall be effective and binding if accepted by the parties concerned. quasi-judicial or administrative proceedings. social worker. SEC. Iñigo & Atty Teodoro V.THE FRATERNAL ORDER OF ST. After the initial investigation. Contract of Diversion. . determine where the case involving the child in conflict with the law should be referred. the law enforcement officer or Punong Barangay with the assistance of the local social welfare and development officer or other members of the LCPC shall conduct mediation. (c) Where the imposable penalty for the crime committed exceeds six (6) years imprisonment. 26. Zaldy Lu. CHAPTER 2 DIVERSION SEC. diversion measures may be resorted to only by the court. or nearest relative. 24.The law enforcement officer shall. a lawyer from the Public Attorney's Office. mediation or conciliation proceedings. and (3) the local social welfare and development officer. .Diversion may be conducted at the Katarungang Pambarangay. A child in conflict with the law shall only be searched by a law enforcement officer of the same gender and shall not be locked up in a detention cell. Roman Bondaon. the local social welfare and development officer shall meet with the child and his/her parents or guardians for the development of the appropriate diversion and rehabilitation program. Ryan Reyes & Marilou dela Cruz 280 . guardian. the child voluntarily admits the commission of the act. in his/her investigation. (b) In victimless crimes where the imposable penalty is not more than six (6) years imprisonment. In the absence of the child's parents. A contract of diversion may be entered into during such conferencing. 23. where appropriate. SEC. the investigation shall be conducted in the presence of a representative of an NGO. or legal counsel in attendance who shall affix his/her signature to the said statement. The taking of the statement of the child shall be conducted in the presence of the following: (1) child's counsel of choice or in the absence thereof. .If during the conferencing. the police investigation or the inquest or preliminary investigation stage and at all 1evels and phases of the proceedings including judicial level. mediation or conciliation. and the local social welfare and development officer. a diversion program shall be developed when appropriate and desirable as determined under Section 30. in coordination with the BCPC. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. family conferencing and conciliation and. guardian. Mediation and Conciliation. (2) the child's parents. SEC. the local social worker conducting the same may do either of the following: (a) Proceed in accordance with Section 20 if the child is fifteen (15) years or below or above fifteen (15) but below eighteen (18) years old. Joji Bernadette Ancog. or if the child. maturity. his/her parents or guardian does not consent to a diversion. (e) The reparation of injury to the victim. Alex Blaise Cunanan. or other law enforcement officer handling the case of the child under custody. Kinds of Diversion Programs. (c) The circumstances of the child (e. The period of prescription of the offense shall be suspended during the effectivity of the diversion program. prosecutor or the appropriate court. Jerry Catague. or if the child. The child shall present himself/herself to the competent authorities that imposed the diversion program at least once a month for reporting and evaluation of the effectiveness of the program. Jose Charito Cortez. Zaldy Lu. . Duty of the Punong Barangay When There is No Diversion. certifying to the fact that no agreement has been reached by the parties. (f) The weight of the evidence against the child. SEC. . Ryan Reyes & Marilou dela Cruz 281 . Factors in Determining Diversion Program. the individual characteristics and the peculiar circumstances of the child in conflict with the law shall be used to formulate an individualized treatment. Roman Bondaon. 31. Joji Bernadette Ancog. 30. The period of prescription of the offense shall be suspended until the completion of the diversion proceedings but not to exceed forty-five (45) days.In formulating a diversion program.The diversion program shall include adequate socio-cultural and psychological responses and services for the child. . and (h) The best interest of the child. Iñigo & Atty Teodoro V. Formulation of the Diversion Program. Jette Roy Sanchez. . The diversion proceedings shall be completed within forty-five (45) days. as the case may be.In determining whether diversion is appropriate and desirable. Chona Cabañero ACADCOM 2007: Randolf Esparagoza. age. forward the records of the case of the child to the law enforcement officer. Upon the issuance of the corresponding document. SEC. At the different stages where diversion may be resorted to. (b) The frequency and the severity of the act. the Punong Barangay handling the case shall. as the case may be. the Women and Children Protection Desk of the PNP. SEC. the following factors shall be taken into consideration: (a) The nature and circumstances of the offense charged. 28. The document transmitting said records shall display the word "CHILD" in bold letters. Failure to comply with the terms and conditions of the contract of diversion. but not exceeding a period of two (2) years. such as. and (d) The availability of community-based programs for rehabilitation and reintegration of the child. etc. (g) The safety of the community. (d) The influence of the family and environment on the growth of the child. The following factors shall be considered in formulating a diversion program for the child: (a) The child's feelings of remorse for the offense he/she committed. SEC. his/her parents or guardian does not consent to a diversion. intelligence. The local social welfare and development officer shall supervise the implementation of the diversion program. .THE FRATERNAL ORDER OF ST. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. shall give the offended party the option to institute the appropriate legal action. Duty of the Law Enforcement Officer When There is No Diversion. within three (3) days from determination of the absence of jurisdiction over the case or termination of the diversion proceedings. the case shall be filed according to the regular process. to the prosecutor or judge concerned for the conduct of inquest and/or preliminary investigation to determine whether or not the child should remain under custody and correspondingly charged in court.If the offense does not fall under Section 23(a) and (b). (b) The parents' or legal guardians' ability to guide and supervise the child. as certified by the local social welfare and development officer. but not limited to: ACADCOM 2004: Antoinette Principe. Angel The acceptance shall be in writing and signed by the parties concerned and the appropriate authorities.). 27. the following diversion programs may be agreed upon. SEC.If the offense does not fall under Section 23(a) and (b).g. 29. (c) The victim's view about the propriety of the measures to be imposed. If there is an allegation of torture or illtreatment of a child in conflict with the law during arrest or detention. and place of detention of the child in conflict with the law. (8) Participation in available community-based programs. Zaldy Lu. including community service. his/her parents or guardian does not agree to diversion as specified in Sections 27 and 28. (3) Fine: (4) Payment of the cost of the proceedings. Roman Bondaon. (5) Care. (c) At the level of the appropriate court: (1) Diversion programs specified under paragraphs(a)and (b) above. or (5) Institutional care and custody. and (iv) other skills which will aid the child in dealing with situations which can lead to repetition of the offense. the information against the child shall be filed before the Family Court within forty-five (45) days from the start of the preliminary investigation. the prosecutor shall notify the Public Attorney's Office of such service. Chona Cabañero ACADCOM 2007: Randolf Esparagoza. (b) At the level of the law enforcement officer and the prosecutor: (1) Diversion programs specified under paragraphs (a)(1) to (a)(9) herein. (iii) values formation. or (9) Participation in education. as well as the personal information. Ryan Reyes & Marilou dela Cruz 282 . Upon serving the subpoena and the affidavit of complaint. it shall be the duty of the prosecutor to investigate the same. (2) Reparation of the damage caused. Upon determination of probable cause by the prosecutor. Joji Bernadette Ancog. 32. . and (c) when considering the assessment and recommendation of the social worker.THE FRATERNAL ORDER OF ST. CHAPTER 4 COURT PROCEEDINGS ACADCOM 2004: Antoinette Principe. vocation and life skills programs. (4) Written or oral apology. (3) Indemnification for consequential damages. (6) Counseling for the child in conflict with the law and the child's family. Alex Blaise Cunanan. CHAPTER 3 PROSECUTION SEC. . (7)Attendance in trainings. preliminary investigation and prosecution of cases involving a child in conflict with the law.The prosecutor shall conduct a preliminary investigation in the following instances: (a) when the child in conflict with the law does not qualify for diversion: (b) when the child. (2) Written or oral reprimand or citation. Angel (a) At the level of the Punong Barangay: (1) Restitution of property. Preliminary Investigation and Filing of Information. Jerry Catague. and (2) Confiscation and forfeiture of the proceeds or instruments of the crime. seminars and lectures on: (i) anger management skills. Duty of the Prosecutor's Office. Jette Roy Sanchez. SEC. Iñigo & Atty Teodoro V.There shall be a specially trained prosecutor to conduct inquest. (ii) problem solving and/or conflict resolution skills. guidance and supervision orders. 33. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Jose Charito Cortez. the prosecutor determines that diversion is not appropriate for the child in conflict with the law. Where a child is detained. or (c) the transfer of the minor to a youth detention home/youth rehabilitation center. The discharge of the child in conflict with the law shall not affect the civil liability resulting from the commission of the offense. and before arraignment of the child in conflict with the law.Children detained pending trial may be released on bail or recognizance as provided for under Sections 34 and 35 under this Act. . ACADCOM 2004: Antoinette Principe. SEC. The center or agency concerned shall be responsible for the child's appearance in court whenever required. SEC. Jose Charito Cortez.Once the child who is under eighteen (18) years of age at the time of the commission of the offense is found guilty of the offense charged.Where the maximum penalty imposed by law for the offense with which the child in conflict with the law is charged is imprisonment of not more than twelve (12) years. . In the absence of a youth detention home. which shall be enforced in accordance with law. Alex Blaise Cunanan. 39.For purposes of recommending the amount of bail.THE FRATERNAL ORDER OF ST. the court shall dismiss the case against the child whose sentence has been suspended and against whom disposition measures have been issued. That suspension of sentence shall still be applied even if the juvenile is already eighteen years (18) of age or more at the time of the pronouncement of his/her guilt. the court shall impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles in Conflict with the Law. 37. or if the child in conflict with the law has willfully failed to comply with the conditions of his/her disposition or rehabilitation program. Roman Bondaon. city or municipality within the jurisdiction of the court. without need of application: Provided. pursuant to Section 8 of the Family Courts Act. in the city or municipality where the child resides. . The court shall not order the detention of a child in a jail pending trial or hearing of his/her case. Detention of the Child Pending Trial.If the court finds that the objective of the disposition measures imposed upon the child in conflict with the law have not been fulfilled. 36. the court shall determine whether or not diversion is appropriate. . 38. however. . 35. SEC. intensive care or placement with a family or in an educational setting or home. the child in conflict with the law may be committed to the care of the DSWD or a local rehabilitation center recognized by the government in the province. detention pending trial may be replaced by alternative measures. Diversion Measures. Whenever detention is necessary. Bail. Joji Bernadette Ancog. Iñigo & Atty Teodoro V. Zaldy Lu. the child in conflict with the law shall be brought before the court for execution of judgment. the court shall order: (a) the release of the minor on recognizance to his/her parents and other suitable person. a child will always be detained in youth detention homes established by local governments. SEC. . (b) the release of the child in conflict with the law on bail. Angel SEC. . Jette Roy Sanchez. Institutionalization or detention of the child pending trial shall be used only as a measure of last resort and for the shortest possible period of time. such as close supervision. However. Automatic Suspension of Sentence. instead of pronouncing the judgment of conviction. and shall order the final discharge of the child if it finds that the objective of the disposition measures have been fulfilled. In all other cases and whenever possible. Jerry Catague. Ryan Reyes & Marilou dela Cruz 283 . SEC. Chona Cabañero ACADCOM 2007: Randolf Esparagoza. SEC. Release on Recognizance. the court shall place the child in conflict with the law under suspended sentence. regardless of the fine or fine alone regardless of the amount. Return of the Child in Conflict with the Law to Court. 40.Upon the recommendation of the social worker who has custody of the child. 34. the privileged mitigating circumstance of minority shall be considered. the court shall determine and ascertain any civil liability which may have resulted from the offense committed. Upon suspension of sentence and after considering the various chcumstances of the child. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Discharge of the Child in Conflict with the Law. Angel If said child in conflict with the law has reached eighteen (18) years of age while under suspended sentence. Jerry Catague. Under no other circumstance shall a child in conflict with the law be placed in the same confinement as adults. Roman Bondaon. Confedentiality of Records and Proceedings. Court Order Required. maintaining a separate police blotter for cases involving children in conflict with the law and adopting a system of coding to conceal material information which will lead to the child's identity.The child in conflict with the law shall be credited in the services of his/her sentence with the full time spent in actual commitment and detention under this Act. ACADCOM 2004: Antoinette Principe. to be guilty of perjury or of concealment or misrepresentation by reason of his/her failure to acknowledge the case or recite any fact related thereto in response to any inquiry made to him/her for any purpose. 42. is hereby amended accordingly. it shall be mandatory that children shall be separated from adults unless they are members of the same family. . The component authorities shall undertake all measures to protect this confidentiality of proceedings. place the child on probation in lieu of service of his/her sentence taking into account the best interest of the child. to order execution of sentence. Section 4 of Presidential Decree No. For this purpose. SEC. except to determine if the child in conflict with the law may have his/hes sentence suspended or if he/she may be granted probation under the Probation Law. Jette Roy Sanchez. SEC. after it shall have convicted and sentenced a child in conflict with the law. Ryan Reyes & Marilou dela Cruz 284 . except when beneficial for the offender and upon his/her written consent. and upon application at any time. or to extend the suspended sentence for a certain specified period or until the child reaches the maximum age of twenty-one (21) years. No child shall be admitted in any facility where there is no such register. or to enforce the civil liability imposed in the criminal action. TITLE VI REHABILITATION AND REINTEGRATION SEC. otherwise known as the "Probation Law of 1976". 43. A person who has been in conflict with the law as a child shall not be held under any provision of law. the court shall determine whether to discharge the child in accordance with this Act. Credit in Service of Sentence. SEC. .The court may. SEC. The details of this order shall be immediately entered in a register exclusively for children in conflict with the law. The public shall be excluded during the proceedings and the records shall not be disclosed directly or indirectly to anyone by any of the parties or the participants in the proceedings for any purpose whatsoever. Chona Cabañero ACADCOM 2007: Randolf Esparagoza.All records and proceedings involving children in conflict with the law from initial contact until final disposition of the case shall be considered privileged and confidential. Records of a child in conflict with the law shall not be used in subsequent proceedings for cases involving the same offender as an adult. 968.No child shall be received in any rehabilitation or training facility without a valid order issued by the court after a hearing for the purpose. . 41. . Joji Bernadette Ancog.THE FRATERNAL ORDER OF ST. . including nondisclosure of records to the media. Separate Facilities from Adults. . Objective of Rehabilitation and Reintegration.In all rehabilitation or training facilities. Jose Charito Cortez. approaches and strategies that will enable them to improve their social functioning with the end goal of reintegration to their families and as productive members of their communities. 46. Iñigo & Atty Teodoro V. Probation as an Alternative to Imprisonment.The objective of rehabilitation and reintegration of children in conflict with the law is to provide them with interventions. 45. Alex Blaise Cunanan. 44. Zaldy Lu. CHAPTER 5 CONFIDENTIALITY OF RECORDS AND PROCEEDINGS SEC. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. may require the city/municipality where the child in conflict with the law resides to shoulder the cost.THE FRATERNAL ORDER OF ST.The expenses for the care and maintenance of a child in conflict with the law under institutional care shall be borne by his/her parents or those persons liable to support him/her: Provided. and shall be accommodated separately from male children in conflict with the law.Female children in conflict with the law placed in an institution shall be given special attention as to their personal needs and problems. in lieu of confinement in a regular penal institution. (8) Spiritual enrichment. 51. If the community-based rehabilitation is availed of by a child in conflict with the law. Establishment of Youth Detention Homes. . Angel The rehabilitation. and in coordination with his/her parents/guardian. undergo any or a combination of disposition measures best suited to the rehabilitation and welfare of the child as provided in the Supreme Court Rule on Juveniles in Conflict with the Law. .A child in conflict with the law may. part of the internal revenue allotments applicable to the unpaid portion shall be withheld and applied to the settlement of said obligations: Provided. the province to which the municipality belongs shall pay one-third (1/3) and the remaining one-third (1/3) shall be borne by the national government. the court. SEC. . . whose sentences are suspended may. Iñigo & Atty Teodoro V. Zaldy Lu. Confinement of Convicted Children in Agricultural Camps and other Training Facilities. be made to serve his/her sentence. the child in conflict with the law shall participate in community-based programs. 49. in coordination with the DSWD. SEC. Ryan Reyes & Marilou dela Cruz 285 . SEC. 48. (5) Social services. upon its determination. and (9) Community and family welfare services. Female Children. (4) Leadership training. guardians. 50.The LGUs shall set aside an amount to build youth detention homes as mandated by the Family Courts Act. training or confinement area of children in conflict with the law shall provide a home environment where children in conflict with the law can be provided with quality counseling and treatment.No personnel of rehabilitation and training facilities shall handle children in conflict with the law without having undergone gender sensitivity training. correction officers and social workers. Chartered cities shall pay two-thirds (2/3) of said expenses. 47. Rehabilitation of Children in Conflict with the Law. Roman Bondaon. (2) Socio-cultural and recreational activities. Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Under the supervision and guidance of the local social welfare and development officer. . SEC. upon order of the court. in an agricultural camp and other training facilities that may be established. They shall be handled by female doctors. but not limited to: (1) Competency and life skills development. he/she shall be released to parents. (6) Homelife services. in consultation with the JJWC. ACADCOM 2004: Antoinette Principe. 52. Care and Maintenance of the Child in Conflict with the Law. . Jerry Catague. (7) Health services. Joji Bernadette Ancog. further. (3) Community volunteer projects. SEC. maintained. SEC. relatives or any other responsible person in the community. Jette Roy Sanchez. and in case a chartered city cannot pay said expenses. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Alex Blaise Cunanan. Jose Charito Cortez. which shall include. the municipality where the offense was committed shall pay one-third (1/3) of said expenses or part thereof. That in case his/her parents or those persons liable to support him/her cannot pay all or part of said expenses. Gender-Sensitivity Training. . supervised and controlled by the BUCOR.Children in conflict with the law. Youth detention homes may also be established by private and NGOs licensed and accredited by the DSWD. All city and provincial governments must exert effort for the immediate establishment of local detention homes for children in conflict with the law. That in the event that the child in conflict with the law is not a resident of the municipality/city where the offense was committed. after conviction and upon order of the court. . Zaldy Lu. SEC. The DSWD shall establish youth rehabilitation centers in each region of the country.The youth rehabilitation center shall provide 24-hour group care. Jette Roy Sanchez. A quarterly report shall be submitted by the center to the proper court on the progress of the children in conflict with the law.Children in conflict with the law whose cases have been dismissed by the proper court because of good behavior as per recommendation of the DSWD social worker and/or any accredited NGO youth rehabilitation center shall be provided after-care services by the local social welfare and development officer for a period of at least six (6) months. Objectives of Community Based Programs. Iñigo & Atty Teodoro V. Jose Charito Cortez. (c) Facilitate the rehabilitation and mainstreaming of the child in conflict with the law and encourage community support and involvement. and (d) Minimize the stigma that attaches to the child in conflict with the law by preventing jail detention. TITLE VII GENERAL PROVISIONS CHAPTER 1 EXEMPTING PROVISIONS SEC. treatment and rehabilitation services under the guidance of a trained staff where residents are cared for under a structured therapeutic environment with the end view of reintegrating them in their families and communities as socially functioning individuals. 55. . 58. If the community-based programs are provided as diversion measures under Chapter II. Youth Rehabilitation Center. All programs shall meet the criteria to be established by the JJWC which shall take into account the purpose of the program. 57. 1619. . Title V. Joji Bernadette Ancog. Based on the progress of the youth in the community. SEC. 53. Based on the progress of the youth in the center. .Any conduct not considered an offense or not penalized if committed by an adult shall not be considered an offense and shall not be punished if committed by a child. Roman Bondaon. Chona Cabañero ACADCOM 2007: Randolf Esparagoza. . The service includes counseling and other communitybased services designed to facilitate social reintegration. the need for the consent of the child and his/her parents or legal guardians. a final report will be forwarded by the local social welfare and development officer to the court for final disposition of the case. (b) Prevent separation of the child in conflict with the law from his/her parents/guardians to maintain the support system fostered by their relationship and to create greater awareness of their mutual and reciprocal responsibilities. 54.THE FRATERNAL ORDER OF ST.The objectives of community-based programs are as follows: (a) Prevent disruption in the education or means of livelihood of the child in conflict with the law in case he/she is studying. the family of the child in conflict with the law shall endeavor to actively participate in the community-based rehabilitation. such prosecution being ACADCOM 2004: Antoinette Principe. Alex Blaise Cunanan. Jerry Catague. SEC. Angel In accordance therewith. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F.Persons below eighteen (18) years of age shall be exempt from prosecution for the crime of vagrancy and prostitution under Section 202 of the Revised Penal Code. SEC. . Offenses Not Applicable to Children. 1563. Status Offenees. and sniffing of rugby under Presidential Decree No.Every LGU shall establish community-based programs that will focus on the rehabilitation and reintegration of the child. of mendicancy under Presidential Decree No. Ryan Reyes & Marilou dela Cruz 286 . Criteria of Community-Based Programs. 56. After-Care Support Services for Children in Conflict with the Law. and the participation of the child-centered agencies whether public or private. working or attending vocational learning institutions. a final report will be forwarded to the court for final disposition of the case. SEC. the programs enumerated above shall be made available to the child in conflict with the law. prevent re-offending and make the children productive members of the community. be punished by a fine of not less than Twenty thousand pesos (P20. stripping. no discriminatory remarks and practices shall be allowed particularly with respect to the child's class or ethnic origin. 59. Other Prohibited Acts. . . or forcing him/her to walk around the community wearing signs which embarrass. Violation of the Provisions of this Act or Rules or Regulations in General. emotional. Appropriations. spiritual. An initial amount of Fifty million pesos (P50. . Roman Bondaon.000.00) or suffer imprisonment of not less than eight (8) years but not more than ten (10) years.000.The amount necessary to carry out the initial implementation of this Act shall be charged to the Office of the President. prohibited: (a) Employment of threats of whatever kind and nature. and degrade his/her personality and dignity. CHAPTER 2 PROHIBITED ACTS SEC.000.00) for the purpose of setting up the JJWC shall be taken from the proceeds of the Philippine Charity Sweepstakes Office. SEC. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. (b) Employment of abusive. Jette Roy Sanchez. and other special laws notwithstanding.Any person who violates any provision of this Act or any rule or regulation promulgated in accordance thereof shall. prostitutes or attaching to them in any manner any other derogatory names. Alex Blaise Cunanan. juvenile delinquents. 62.THE FRATERNAL ORDER OF ST. he/she shall. Prohibition Against Labeling and Shaming. 61. Jerry Catague. ACADCOM 2004: Antoinette Principe. CHAPTER 3 PENAL PROVISION SEC. 9165. Iñigo & Atty Teodoro V. and (d) Compelling the child to perform involuntary servitude in any and all forms under any and all instances. (c) Employment of degrading. SEC. If the offender is a public officer or employee.The provisions of the Revised Penal Code. inhuman end cruel forms of punishment such as shaving the heads. Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Thereafter. 63. such sums as may be necessary for the continued implementation of this Act shall be included in the succeeding General Appropriations Act. and solitary confinement. Jose Charito Cortez.000. no death penalty shall be imposed upon children in conflict with the law. 60. humiliate. Zaldy Lu. moral and physical health and well-being of the child in conflict with the law and therefore. beating. unless a higher penalty is provided for in the Revised Penal Code or special laws. Exemption from the Application of Death Penalty. or both such fine and imprisonment at the discretion of the court. Angel inconsistent with the United Nations Convention on the Rights of the Child: Provided. Joji Bernadette Ancog. upon conviction for each act or omission.00) but not more than Fifty thousand pesos (P50. pouring irritating. That said persons shall undergo appropriate counseling and treatment program. as amended. corrosive or harmful substances over the body of the child in conflict with the law. in addition to such fine and/or imprisonment. Republic Act No. CHAPTER 4 APPROPRIATION PROVISION SEC. . social. be held administratively liable and shall suffer the penalty of perpetual absolute disqualification. coercive and punitive measures such as cursing. Ryan Reyes & Marilou dela Cruz 287 . the competent authorities must refrain from branding or labeling children as young criminals. Likewise.In the conduct of the proceedings beginning from the initial contact with the child. otherwise known as the Comprehensive Dangerous Drugs Act of 2002.The following and any other similar acts shall be considered prejudicial and detrimental to the psychological. . THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Jose Charito Cortez.Persons who have been convicted and are serving sentence at the time of the effectivity of this Act. 72. SEC. Jette Roy Sanchez.If a child reaches the age of eighteen (18) years pending diversion and court proceedings. . Zaldy Lu. Children Detained Pending Dial. 64. rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. . cases of children fifteen (15) years old and below at the time of the commission of the crime shall immediately be dismissed and the child shall be referred to the appropriate local social welfare and development officer. the Family Court shall also determine whether or not continued detention is necessary and. 70. 603 or other similar laws. . as the case may be. 66. the child may apply for probation if qualified under the provisions of the Probation Law. Children Who Reach the Age of Eighteen (18) Years Pending Diversion and Court Proceedings. for any reason. Ryan Reyes & Marilou dela Cruz 288 . Inventory of "Locked-up" and Detained Children in Conflict with the Law. SEC. the other sections or provisions hereof not dfected by such declaration shall remain in force and effect. shall determine whether to release the child to the custody of his/her parents. and unless the child in conflict the law has already availed of probation under Presidential Decree No.The JJWC shall issue the IRRs for the implementation of the provisions of this act within ninety (90) days from the effectivity thereof.If. an inventory of all children in conflict with the law under their custody. the appropriate diversion authority in consultation with the local social welfare and development officer or the Family Court in consultation with the Social Services and Counseling Division (SSCD) of the Supreme Court. determine appropriate alternatives for detention. or refer the child to prevention programs as provided under this Act. the BJMP and the BUCOR are hereby directed to submit to the JJWC. any section or provision of this Act is declared unconstitutional or invalid by the Supreme Court. SEC.THE FRATERNAL ORDER OF ST. Children Who Have Been Convicted and are Serving Sentence. the court shall immediately order the transfer of the child to a youth detention home. . Separability Clause. Angel TITLE VIII TRANSITORY PROVISIONS SEC.The PNP. . orders. ACADCOM 2004: Antoinette Principe. Jerry Catague. Repealing Clause. In case the appropriate court executes the judgment of conviction. . . Alex Blaise Cunanan. Chona Cabañero ACADCOM 2007: Randolf Esparagoza. Roman Bondaon. shall determine the appropriate disposition. 71. and who were below the age of eighteen (18) years at the time the commission of the offense for which they were convicted and are serving sentence. Those with suspended sentences and undergoing rehabilitation at the youth rehabilitation center shall likewise be released.Upon effectivity of this Act. within ninety (90) days from the effectivity of this Act. They shall be immediately released if they are so qualified under this Act or other applicable law. . if not. If detention is necessary and he/she is detained with adults. SEC. Effectivity. Joji Bernadette Ancog.If the child is detained pending trial. They shall be entitled to appropriate dispositions provided under this Act and their sentences shall be adjusted accordingly. . SEC. Rule Making Power. Children in Conflict with the Law Fifteen (15) Years Old and Below. SEC. 68. TITLE IX FINAL PROVISIONS SEC. 67. upon thorough assessment of the child. SEC. 65. 69.All existing laws. shall likewise benefit from the retroactive application of this Act. unless it is contrary to the best interest of the child. Iñigo & Atty Teodoro V. decrees. Such officer.This Act shall take effect after fifteen (15) days from its publication in at least two (2) national newspapers of general circulation. 1402 and House Bill No. 5065 was finally passed by the Senate and the House of Representatives on March 22. 2006. Ryan Reyes & Marilou dela Cruz 289 . OSCAR G. 2006 GLORIA MACAPAGAL-ARROYO President of the Philippines ACADCOM 2004: Antoinette Principe. Angel Approved.THE FRATERNAL ORDER OF ST. Alex Blaise Cunanan. Jette Roy Sanchez. Chona Cabañero ACADCOM 2007: Randolf Esparagoza. YABES Secretary of Senate ROBERTO P. Jerry Catague. FRANKLIN DRILON President of the Senate JOSE DE VENECIA JR. Jose Charito Cortez. Speaker of the House of Representatives This Act which is a consolidation of Senate Bill No. THOMAS MORE CRIMINAL LAW 1 – Dean Hildegardo F. Iñigo & Atty Teodoro V. Roman Bondaon. Joji Bernadette Ancog. NAZARENO Secretary General House of Represenatives Approved: April 28. Zaldy Lu.