Criminal Law Book I

CRIMINAL LAW 1 reviewREVISED PENAL CODE BOOK I

AND OTHER SPECIAL LAWS

Basic Concepts:

CRIMINAL LAW – that branch of law which defines crimes, treats of their nature and provides for their punishment

Sources of Criminal Law:

1. RPC

2. special laws

CRIME – acts or omissions punishable by any law

Theories underlying the RPC

1. Classical/Traditional2. Positivist3. Ecclectic/Mixed4. Utilitarian/Protective

Characteristics of Criminal Law Generality

Exceptions: 1. International Law 2. Treaty Stipulation 3. Laws of preferential application

TerritorialityExceptions: Art. 2 RPC

ProspectivityException: Retroactive if favorable to the accusedException to the Exception: 1. if the new law is expressly made inapplicable to pending actions or causes of action;2. where the offender is a habitual delinquent under Art. 62 of the RPC (Art. 22 of the RPC)

ARTICLE 2. Applicability of RPC provisions (Territoriality principle)-- enforced within the Phil. Archipelago, atmosphere, internal waters and maritime zone

EXCEPTIONS to Article 2 (can be enforced outside Phil. Jurisdiction)

1. should commit an offense while on a Philippine ship of airship;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;

3. should be liable for acts connected with the introduction into these Islands of the obligations and securities mentioned in the preceding number;

4. while being public officers or employees, should commit an offense in the exercise of their functions; or

5. should commit any of the crimes against national security and the law of nations, defined in Title 1 of Book 2 of this Code (refers to treason, conspiracy and proposal to commit treason, espionage, inciting to war and giving motives for reprisals, violation of neutrality, correspondence with enemy country, flight to enemy country, piracy and mutiny on the high seas)

Rules regarding jurisdiction: (if crime is committed on board a Foreign Merchant vessel while in the Phils)

A. French Rule – crimes committed aboard a foreign merchant vessel should not be prosecuted in the courts of the country within whose territorial jurisdiction they were committedException: their commission affects the peace and security of the territory;

B. English Rule – based on the territorial principle and followed in the US-- crimes committed aboard a foreign merchant vessel are generally triable in the courts of the country within whose territory they were committed;-- adhered to in the Philippines

French Rule English RuleCrime shall be tried in the home state of the vessel except if the crime affects the peace, security and safety of the territory where the crime was committed

Crime shall be tried under the law of the place where the crime was committed except when the crime is minor (affects only the internal mgt of the vessel), in which case, it shall be tried under the laws of the home state

Gen. Rule: Extraterritorial principleException: Territorial principleJurisdiction: flag country

Gen. Rule: Territorial principleException: Extraterritorial principleJurisdiction: territory where the vessel is located

ARTICLE 3. Definitions

Felonies (delitos) - acts and omissions punishable by law

How committed:

a. deceit (dolo) – there is deceit when the act is performed with deliberate intent;

b. fault (culpa) – there is fault when the wrongful act results from imprudence, negligence, lack of foresight or lack of skill.

FELONY Elements of Felony:

1. there must be a voluntary act or omission;2. the act or omission must be punishable by the RPC; and3. the act is performed or omission incurred by means of deceit or fault ((Pp. vs. Gonzales, et.al. G.R. No. 80762, March 19, 1990)

Felony is committed VOLUNTARILY.

Crime – acts or omissions punishable by any law

Offenses – applied to acts or omissions punished by special laws

Infractions – acts or omissions punishable by ordinance

Classification of felonies according to the means by which they are committed:

a. Intentional felonies – act is perfomed with deliberate intent (with malice)

-- penalized for malice/dolo b. Culpable felonies – offender had no intention to

cause an injury to another; act or omission is not malicious

-- injury caused to another is not intentional because the wrongful act results from imprudence, negligence, lack of foresight or lack of skill

-- penalized for lack of foresight or lack of skill

DOLO/MALICE Essential Elements of

Dolo/Malice:1. freedom - no freedom (Art. 12, pars. 5 &6 – exempt from crim. Liability)2. intelligence – infant has no intelligence, thus, exempt from crim. Liability3. intent – “a design; a determination to do a certain thing; an aim the purpose of the mind, including such knowledge as is essential to such intent; the design, resolve or determination with which a person acts

2 kinds of intent: a. General intent –

presumed; b. Specific intent –

must be proved as it is an element of a felony (ex. Article 324, specific intent of lewd designs must be proved)

General criminal intent vs. Specific criminal intent(Recuerdo vs. People, G.R. No. 168217. June 27, 2006)

General intent Specific intent

Presumed Not presumed

a deliberate and unlawful act gives rise to a presumption of malice by intent

Its existence must be proved by the State just as any other essential element

Criminal intent – necessary in felonies committed by means of deceit

Maxims:1. ‘Actus me invito factus non est meus actus’ – An act done by me against my will is not my act;2. ‘Actus non facit reum nisi mens sit rea’ – The act itself does not make a man guilty unless his intentions were so.

always presumed to exist on the part of the persons who executes an act which the law punishes, unless the contrary shall appear

ACTUS REUS + MEANS REA = DELITO CRIM. ACT/OMISSION + CRIM. INTENT = CRIME

CULPA/FAULT

Essential elements in Fault/Culpa:

1. Intelligence;

2. Freedom of action;

3. Negligence

Imprudence – deficiency of action; lack of skill

Test: The failure to do what any ordinary person would have ordinarily done

Negligence – deficiency of perception, lack of foresight; failure to foresee what a reasonable ought to foresee

IGNORANCE or MISTAKE OF FACT (no criminal intent)

applies only when the mistake is committed without fault or carelessness

Requisites:

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

b. the intention of the act in performing the act should be lawful;

c. the mistake must be without fault or carelessness on the part of the accused.

2 instances when a person may be held liable despite lack of criminal intent:

a. culpable felonies;

b. acts or omissions punishable by special laws (mala prohibita)

Mala in se Mala prohibitaWrong per se Not inherently wrong

Crimes so serious in their effect to society as to call for unanimous condemnation of its members

Violations of mere rules of convenience designed to secure a more orderly regulation of the affairs of society

Criminal intent is required Criminal intent is immaterial; Q: has the law been violated?

Generally refer to those acts or omissions punished by the RPC

Generally refer to those acts or omissions made criminal by special laws

CASE: Padilla vs. Dizon, 158 SCRA 127 (1988)

Held: Judge Dizon was dismissed from the service for gross ignorance of the law for acquitting Lo Chi Fai for Violation of CB Circular No. 960 on the flimsy ground that Lo Chi Fai had no intention or mens rea to violate the law when malice, or mens rea, is completely immaterial in a crime mala prohibita.

Intent to commit the crime vs. Intent to perpetrate the act (U.S. vs. Go Chico, 14 Phil 128)

Intent to commit the crime Intent to perpetrate the act

Not necessary in offenses punished by special laws

Necessary in offenses punished by special laws

Element of a crime Crime itself

Intent vs. Motive

Intent MotivePurpose to use a particular means to effect a certain result

The reason which impels a person to commit an act for a definite result; a state of mind

Essential element of a felony Generally not an essential element of any crime; proof of motive is important in procedural law (circumstantial evidence)

ARTICLE 4. Criminal liability shall be incurred:1. by any person committing a felony (delito) although the wrongful act done be different from that which he intended;

2. by any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means

PAR. 1. “an accused is criminally liable for the acts committed by him violation of law and for all the natural and logical consequences resulting therefrom” 2 elements:

1. an intentional felony is committed;

2. the wrong done to the victim must be the direct, natural and logical consequence of the felony committed even though different from that intended.

Rationale: “El que es causa dela causa es causa del mal causado.” (He who is the cause of the cause is the cause of the evil caused.)

PAR. 1

Proximate Cause – that cause which in the natural and continuous sequence unbroken by any efficient intervening cause, results in a particular felony, who without which the felony would not have resulted.

Efficient intervening cause - something absolutely and totally unexpected which intervened and which breaks the relation of cause and effect between the original felonious act and the result.

Causes which produce a different result:

MISTAKE IN THE IDENTITY OF THE VICTIM ( ERROR IN PERSONAE)

MISTAKE IN THE BLOW (ABERRATIO ICTUS)

THE INJURIOUS RESULT IS GREATER THAN THAT INTENDED (PRAETER INTENTIONEM)

PAR. 2. IMPOSSIBLE CRIME

Elements:1. acts are performed which would be a crime against persons or property (see Title 8 & 10);2. there is criminal intent;3. it is not accomplished because of inherent impossibility or because the means employed is inadequate or ineffectual

purpose: to repress criminal tendencies because the offender, according to the Positivist theory, is a potential criminal; objectively, the offender commits no felony, but subjectively, the offender is a criminal.

PAR. 2. IMPOSSIBLE CRIME

CASE: Intod et.al. vs. C.A., G.R. No. 103119, October 21, 1992

Note: A person could be liable for an impossible crime only if the act does not fall under any specific provision of the RPC. IC is the last resort.

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

and attempted, are punishable. A felony is consummated when all the elements

necessary for its execution and accomplishment are present.

It is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.

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

Stage Punishable or not

I. Mental process/Internal Acts

NOT PUNISHABLE

II. External/Physical Actsa. Preparatory actsb. Acts of Execution1. Attempted2. Frustrated3. Consummated

G.R. NOT PUNISHABLEException: If the RPC penalizes the actPUNISHABLE

ATTEMPTED FELONY

Elements: 1. there must be an overt act;2. the external acts must have a direct connection with the crime intended to be committed by the offender

Attempt to commit an indeterminate crime CASE: Pp vs. Lamahang (91 Phil 703)

act of making an opening with an iron bar on the wall of a store – not attempted robbery

FRUSTRATED FELONY – when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetratorCONSUMMATED FELONY - when all the essential elements necessary for its execution and accomplishment are present

Attempted Frustrated Consummated

Overt acts of execution are commenced

All acts of execution are present

All the acts of execution are present

Not all acts of execution are present

Crime sought to be committed is not achieved

The result sought is achieved

FORMAL CRIMES vs. MATERIAL CRIMES

FORMAL CRIMES –consummated in one instant, or by performance of a single act of execution Examples: 1. felony by omission

2. slander3. false testimony

MATERIAL CRIMES –not consummated at one instant or by a single act of execution Example: 1. homicide/murder

Article 7. When light felonies are punishable.

Light felonies are punishable only when they have been consummated, with the exception of those committed against person or property.

Light felonies – those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or both is provided (Par. 3, Article 9)

Article 8. Conspiracy and proposal to commit felony.

Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor.

A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.

Conspiracy as the crime Conspiracy as a manner of incurring criminal liability

Law specifically provides for a penaltyExamples: conspiracy to commit treason, rebellion, coup d’ etat, or sedition, conspiracy to commit espionage (CA 616), conspiracy to commit arson (PD 1613), conspiracy to bribe voters (OEC), conspiracy to commit terrorism (RA No. 9372), conspiracy in the sale, administration, delivery, distribution and transportation of dangerous drugs (RA 9165)

Conspiracy is not a separate offense; act of one is the act of all; absorbed by the crime actually committedExample: if the conspirators actually committed treason or rebellion, conspiracy shall not be considered as a separate offense but a manner of incurring criminal liability

CONSPIRACY Examples of conspiracies punished:

1. Conspiracy to commit treason2. conspiracy to commit coup d’etat, rebellion or insurrection3. conspiracy to commit seditionNote: treason, rebellion or sedition should not be actually committed4. monopolies and combinations in restraint of trade5. machinations in public auctions6. abuse against chastity7. brigandage (Art. 306) Proof of conspiracy:a. allegation – conspiracy must be alleged in the informationb. quantum of proof: proof beyond reasonable doubt 2 kinds of conspiracy:a. Express – proven by direct evidenceb. Implied – proven by circumstantial evidence

Syndicated crime group (R.A. 7659)

Conspiracy

2 or more persons collaborating, confederating or mutually aiding one another for the purpose of gain in the commission of any crime

Exists when 2 or more persons agree and decide to commit any crime

An offense is committed for purposes of gain

Such purpose is not necessary in conspiracy

A crime group is an organized group

Such organization is not necessary in conspiracy

Article 9. Grave felonies, less grave felonies and light felonies

Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with article 25 of this Code.

Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned article.

Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or both, is provided.

Summary of classifications of felonies under the RPC

a. under Article 31. felonies by act

2. felonies by omission b. according to the manner of commission

1. intentional felonies2. culpable felonies

c. according to the stages of execution1. attempted felony2. frustrated felony3. consummated felony

Article 11. Justifying Circumstances 1. SELF DEFENSE

Article 11. Justifying circumstances. - The following do not incur any criminal liability:

(1) Anyone who acts in defense of his person or rights, provided that the following circumstances concur;

First. Unlawful aggression;

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

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

1. SELF-DEFENSE Requisites of the 1st element:1. UNLAWFUL AGRESSION ON THE PART OF THE PERSON

KILLED OR INJURED;2. AGRESSION MUST BE OFFENSIVE AND CRIMINAL;3. AGRESSION MUST BE CONTINUOUS;4. AGRESSION MUST BE NON-MUTUAL.

2 Kinds of Aggression:1. actual- presupposes an act positively strong, showing the wrongful

intent of the aggressor, which is not merely threatening or intimidating attitude, but a material attack

2. imminent – attack that is impending or at the point of happening

SELF DEFENSE Burden of proof in self-defense: For invoking self-defense,

the accused admits the killing or seriously wounding the victim and thus, has the burden to justify his act by clear and convincing evidence

2nd element:The means to be reasonable must be commensurate with the necessity of preventing or repelling such aggression- law requires RATIONAL EQUIVALENCE

“Stand Ground When In the Right” Principle – applies when a person is unlawfully assaulted and if the aggressor is armed with a weapon, the assailed may face his aggressor and is not required to take refuge in flight

SELF DEFENSE Requisites of the 3rd element:

1. provocation must be sufficient;2. provocation must be given to the aggressor by the person defending himself;3. provocation must be the proximate and immediate cause of the unlawful aggression.

Article 11 (1) speaks of anyone who acts in defense of his person or rights.

Defense of person – defense against unlawful aggression, which constitutive of crime against person

Defense of right – defense against unlawful aggression which is constitutive of a crime involving the right of the defender such as theft, acts of lasciviousness and libel

SELF DEFENSE Defense of property right – Principle of Self-Help (Art. 429 of the Civil Code)

= a defender may employ reasonable and necessary means to prevent or repel unlawful aggression against his property right pursuant to the rule on self-defense in relation to the principle of self-help; assault on property amounts to unlawful aggression

Old Rule: Pp vs. Apolinar (CA 38, OG 2870) Defense of property is not of such importance as right to life, and defense of property can be invoked as justifying circumstance only when it is coupled with an attack on the person of the one entrusted with said property

Controlling rule: Case: Pp vs. Narvaez (G.R. Nos. L-33466-67, April 20, 1983) Facts: Accused was taking a rest but when he heard that the walls of his house were being chiseled, he arose and he found that 1 of the laborers was indeed chiseling the wall of his house with a crowbar, while deceased Rubia was nailing the barbed wire and Davis was commanding his laborers. Accused pleaded to stop the fencing. Accused got his gun and shot Davis and Rubia. There was unlawful aggression despite the fact that the invasion of his property right was not coupled with an attack against the accused.Note: Accused was still convicted since the resistance that he employed against the invaders of his property was unreasonable and disproportionate to the attack against his property right

BATTERED WOMAN SYNDROME

refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.

"Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship.

"Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common child.

BATTERED WOMAN SYNDROME

Section 26 of R.A. 9262 – Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incur any criminal and civil liability notwithstanding - Even in the absence of any of the elements for justifying circumstances of self-defense under the RPC

Elements of BWS under R.A. 9262:1. The battered woman and batter must have a relationship –

sexual relations or dating relationship;2. The battered woman must be suffering from physical and

psychological or emotional distress; (what is battery?)3. Physical and psychological or emotional distress resulted

from cumulative abuse by batterer; (single act of battery – exercise right of self-defense)

4. The battered woman must have actually feared imminent harm from her batterer and honestly believed in the need to kill him in order to save her life.

2. DEFENSE OF RELATIVES

(2) Any one who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or of his relatives by affinity in the same degrees, and those by consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the provocation was given by the person attacked, that the one making the defense had no part therein.

DEFENSE OF RELATIVES

Requisites:1. unlawful aggression;2. reasonable necessity of the means employed to prevent or repel it;3. lack of participation in relative’s provocation.

Person being defended:1. spouse;2. ascendants;3. descendants;4. brother or sister, legitimate, natural or adopted;5. relatives by affinity in the same degrees (ex. Parents in-law, son in-law, daughter in-law, brother in-law, sister in-law, stepfather, stepmother, stepchild);6. relatives by consanguinity within the fourth civil degree.

3. DEFENSE OF STRANGERS

(3) Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this article are present and that the person defending be not induced by revenge, resentment, or other evil motive.

Stranger – anyone not considered as relative within the concept of defense of relatives

DEFENSE OF STRANGERS

Requisites:

1. unlawful aggression;

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

3. the person defending be not induced by revenge, resentment or other evil motive.

4. AVOIDANCE OF GREATER EVIL OR INJURY (‘State of Necessity’)

(4) Any person who, in order to avoid an evil or injury, does an act which causes damage to another, provided that the following requisites are present:

First – That the evil sought to be avoided actually exists;

Second – That the injury feared be greater than that done to avoid it;

Third – That there be no other practical and less harmful means of preventing it.

AVOIDANCE OF GREATER EVIL OR INJURY

accused does not commit a crime in legal contemplation; hence, is not criminally and civilly liable

civil liability is borne by the person/s benefited by the act of the accused

Cases:

1. Ty vs. People (GR No. 149275, September 27, 2004)

2. Padernal (GR No. L-30527, March 29, 1974)

5. FULFILLMENT OF DUTY/EXERCISE OF A RIGHT OR OFFICE

(5) Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.

Requisites:1. The accused must have acted in the performance of a duty;2. The injury caused or the offense committed should have been the necessary consequence of due performance of duty.

6. OBEDIENCE OF LAWFUL ORDER

(6) Any person who acts in obedience to an order issued by a superior for some lawful purpose

Requisites:1. order has been issued by a superior;2. such order must be for some lawful purpose;3. means used by subordinate to carry out such order is lawful.

ARTICLE 12. EXEMPTING CIRCUMSTANCES

(1) An imbecile or an insane person, unless the latter has acted during a lucid interval;When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court.

INSANITY/IMBECILITY Imbecility –

feeblemindedness or a mental condition approaching that of one who is insane; analogous to childishness and dotage

Insanity – evinced by a deranged and perverted condition of the mental faculties which is manifested in language and conduct;

2 stringent standards (Pp vs. Formigones, 87 Phil 658)

1. Test of Cognition – whether there was a “complete deprivation of intelligence in committing the criminal act.”-- CONTROLLING TEST2. Test of Volition – whether there was a “total deprivation of freedom of the will.” -- no control of acts

INSANITY

Accused is presumed sane at the time of the commission of the crime

Accused must be insane at the time of commission of the crime

2 elements:

1. Offender is insane;

2. The offender has not acted during a lucid interval.

2 & 3. MINORITY

Par. 2 & 3 of Art. 12 RPC are repealed by R.A. No. 9344 (Juvenile Justice & Welfare Law)

SEC. 6 - A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability unless he/she acted with discernment.

MINORITY

15 years of age or under – conclusive presumption of lack of intelligence– exempting circumstance

over 15 (15 and 1 day) but below 18 –

A. acted without discernment: entitled to exempting circumstance

B. acted with discernment: entitled to privileged mitigating circumstance under Article 68(2) – penalty reduced to one degree lower

See AM No. 02-1-18-SC (November 24, 2009)

Age of criminal responsibility is the age when a child, fifteen (15) years and one (1) day old or above but below eighteen (18) years of age, commits an offense with discernment. – (Section 4)

CHILDREN IN CONFLICT WITH THE LAW (CICL)—those who are alleged as, accused of or adjudged as having committed an offense under Philippine laws. (R.A. No. 9344)

--A child in conflict with the law is a person who at the time of the commission of the offense is below eighteen (18) years old but not less than fifteen (15) years and one (1) day old. (See Section 1)

MINORITY Discernment – mental capacity to understand the difference

between right and wrong-- the capacity of the child at the time of the commission of the

offense to understand the differences between right and wrong and the consequences of the wrongful act. (R.A. No. 9344)

Shown by the:a. conduct of the offender;

Pp vs. Alcabao (CA, 44 OG 5006)Pp vs. Cortezano & Cortezano (G.R. No. 123140,

September 23, 2003) b. manner of committing the crime;c. the extent of participation.

Pp vs. Capistrano, GR No. L-4549, October 22, 1952

R.A. NO. 9344 “offense” – refers to any act or omission whether

punishable under special laws or the RPC Under 18 years of age –exempt from the

prosecution for the crime of vagrancy and prostitution under Article 202 of the RPC, of mendicancy under PD No. 1563 and sniffing of rugby under PD No. 1619 -- undergo appropriate counseling and treatment program (Sec. 58, RA 9344)

“status offense” – refers to offense which discriminate only against a child, while an adult does not suffer any penalty for committing similar acts (Ex: curfew violations, truancy)

4. ACCIDENT

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

Elements:

1. a person is performing a lawful act;

2. with due care;

3. he causes an injury to another by mere accident; and

4. without any fault or intention of causing it.

5. IRRESISTIBLE FORCE

(5) One who acts under the compulsion of irresistible force

basis: Actus me invito factus non est meus actus. (An act done by me against my will is not my act.)

Elements:1. somebody used force compelling the accused to commit a crime;2. the force, used to compel the accused to commit a crime, must be irresistible.

6. UNCONTROLLABLE FEAR

(6) One who acts under the impulse of an uncontrollable fear of an equal or greater injury

Elements:

1. existence of uncontrollable fear of an injury;

2. the fear of an injury must be real and imminent.

Irresistible force Uncontrollable fear

The offender was compelled to commit a crime through the use of physical force

The offender was compelled to commit a crime through threat or intimidation

7. LAWFUL OR INSUPERABLE CAUSE

(7) One who fails to perform an act required by law, when prevented by some lawful or insuperable cause.

Justifying Exempting

Acts are justified and non-felonious

Actor is exempted but act is unjustified

Pertains to the act complained of

Pertains to the actor

G.R. No civil liabilityException: Par. 4 on state of necessity

G.R. there is civil liability

ABSOLUTORY CAUSES- those where the act committed is a crime but for reasons of public policy and sentiment there is no penalty imposed.

Cases covered are:1. where there is spontaneous desistance during attempted stage of a crime – Article 62. where light felony, which is not against person or property is committed in attempted or frustrated stage – Article 73. where accessory is relative of principal – Article 204. where there are legal grounds for arbitrary detention – Article 1245. where there are legal grounds for trespass to dwelling – Article 2806. where theft, swindling or malicious mischief is committed against relative – Article 3227. where spouse or minor daughter was surprised in the act of sexual intercourse with another person – Article 2478. where offender married the offended party in cases involving crime against chastity and rape – Article 344 and 266-C9. where there is instigation

INSTIGATION/ENTRAPMENT Instigation – elements:

1. law enforcement officers or the agents performed acts of persuasion, trickery, or fraud to induce the accused to commit a crime to prosecute him2. the criminal design originates in the minds of the government officials rather than that of the innocent defendant3. there are no private complainant involved

Entrapment – commonly employed by police officers as an effective way of apprehending law offenders in the act of committing a crimeEx: buy bust operations

Instigation Entrapment

Committed when law enforcers lure an accused into committing the offense in order to prosecute him

Ways and means are resorted to for the purpose of trapping and capturing lawbreakers in the execution of their criminal plan

Instigators become co-principals themselves

Sanctioned by law as a legitimate method of apprehending criminal elements

Absolutory cause; will lead to accused’s acquittal

Not an absolutory cause; not a bar to accused’s prosecution and conviction

Modifying circumstances

attendance of any of these circumstances modifies the criminal liability of the actor.

They are:

a. Mitigating circumstances;

b. Aggravating circumstances;

c. Alternative circumstances.

ARTICLE 13. MITIGATING CIRCUMSTANCES

Ordinary Privileged

Governed by Article 13 in relation to Article 64

Subject to Article 13 in relation to Articles 68 &69

Presence, if not off-set by aggravating circumstance, has the effect of applying the penalty in its minimum period

Presence has the effect of reducing the penalty one or two degrees lower

Can be off-set by aggravating circumstance

Not subject to the off-set rule

Mitigating circumstances - based on the diminution of either freedom of action, intelligence or intent or on the lesser perversity of the offender.

Specific privileged mitigating circumstances – the law prescribes a lesser penalty; they are:

a. Slight Illegal Detention (Art. 268)

b. Abandonment in Adultery (Art. 333)

c. Intent to conceal the dishonor in Infanticide (Art. 255)

Special Mitigating Circumstances – presence of 2 or more mitigating circumstances have the effect of reducing the penalty one degree lower (Article 64[5]) provided that there is no aggravating circumstance

MITIGATING CIRCUMSTANCES

(1) Those mentioned in the preceding chapter, when all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are not attendant;

unlawful aggression – there is no incomplete self-defense or defense of stranger or relatives in the absence of unlawful aggression

avoidance of evil – there is no incomplete justification of avoidance of evil in the absence of evil

performance of duty – there is no incomplete justification of performance of duty if in the first place the accused was not performing his duty or exercising his right when he committed the crime

(2) That the offender is below eighteen years of age (privileged mitigating circumstance) Elements:

1. the child must be above 15 years but below 18 years of age;2. the child must have acted with discernment

Proof of age: birth certificate, baptismal certificate or any other pertinent documents; in the absence of these documents, may determined from the child, testimonies of other persons, physical appearance of the child and other relevant evidence

Presumption of minority– Sec. 7 RA 9344 Age – at the time of the commission of the crime Privileges

a. Diversion program (Sec 4[i]b. Suspension of sentencec. Graduation of penalty – privileged mitigating circumstance – penalty lower by one degree (Article 68)- Ex: Child committed homicide. The penalty of reclusion temporal fixed for homicide shall be graduated to prision mayor.

(3) That the offender had no intention to commit so grave a wrong as that committed PRAETER INTENTIONEM – notable disparity between the

means employed by the accused to commit a wrong and the resulting crime committed

Factors:a. aiming at non-vital parts of the body;b. reaction of the accused after the incident.

Non-applicability:a. culpable felonies;b. felonies where intention is not material (ex: unintentional abortion);c. felonies not resulting to physical injuries or material harm (ex: defamation);d. Anti-Hazing Law (Section 4 of RA No. 8049).

(4) That sufficient provocation on the part of the offended party immediately preceded the act

SUFFICIENT PROVOCATION Elements:

a. there must be provocation on the part of the offended party;

b. the provocation must be sufficient;

c. provocation must immediately precede the criminal act committed by the offender

(4) That sufficient threat on the part of the offended party immediately preceded the act

SUFFICIENT THREAT Elements:

a. there must be a threat on the part of the offended party;

b. the threat must be sufficient;

c. the threat must immediately precede the criminal act committed by the offender

(5) That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito) his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters or relatives by affinity within the same degrees

Composure test: If the conduct of the accused after the victim perpetrated grave offense but prior to the commission of the crime will show that he already regained his composure, the crime will not be considered to have been committed in proximate vindication of the grave offense.

(6) That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation

PASSION OR OBFUSCATION Elements:

a. the victim perpetrated unlawful or unjust act, which produced passion or obfuscation;b. passion must arise from lawful sentiment of the offender and not from spirit of lawlessness or revenge;c. the passion or obfuscation caused lost of control and reason on the part of the offender;d. the length of time between the perpetration of the act that produced passion and the commission of the crime must not be considerable enough for the accused to recover his normal equanimity.

PASSION OR OBFUSCATION

Cases:a. U.S. vs. Hicks (14 Phil 217) Held: Passion must arise from lawful sentiments.; loss of control must originate from legitimate feelings, not those which arise from vicious, unworthy and immoral passions.b. Sanico vs. CA (46 OG 98) Held: Accused in raping the victim acted in the spirit of lawlessness and succumbed to the uncontrollable passion of his bestial instinct because the former finds himself in a secluded place with the latter, a young ravishing woman, almost naked,

Passion/Obfuscation Uncontrollable fear

Offender acted upon an impulse so powerful as naturally to have produced passion or obfuscation against the person causing such

The offender upon impulse of uncontrollable fear committed a crime against a person other than the one causing such fear

Mitigating circumstance Exempting circumstance

Passion/Obfuscation Irresistible Force

Mitigating circumstance Exempting circumstance

Cannot give rise to irresistible force

Requires physical force

Is in the offender himself Must come from a third person

Must arise from lawful sentiments

unlawful

(7) That the offender had voluntarily surrendered himself to a person in authority or his agents

VOLUNTARY SURRENDER Elements:

1. the offender has not actually been arrested;

2. the offender surrendered himself to a person in authority of the latter’s agent;

3. the surrender was voluntary (unconditional, spontaneous);

VOLUNTARY CONFESSION

Elements:

1. the accused spontaneously confessed his guilt;

2. the confession of guilt was made in open court;

3. the confession was made before a competent court trying the case;

4. the confession of guilt was made prior to the presentation of evidence by the prosecution.

(8) That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restrict his means of action or defense, or communication with his fellow beings

(9) Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of consciousness of his acts

(10) Any other circumstance of a similar nature and analogous to those mentioned in paragraphs 1 to 9 of Article 13.

ANALOGOUS CIRCUMSTANCES

Extreme poverty (Pp vs. Macbul, GR No. 48976, October 11, 1943)

Analogous to old age Analogous to passion – outrage feeling of debtor

against creditor, outrage feeling of creditor against debtor

Analogous to voluntary surrender – Restitution of the property stolen by the accused or immediately reimbursing the amount malversed

ARTICLE 14. AGGRAVATING CIRCUMSTANCES

Aggravating circumstances – those which, if attendant in the commission of the crime, serve to increase the penalty without, however, exceeding the maximum of the penalty provided by law for the offense.a. Ordinary Aggravating Circumstance b. Special Aggravating Circumstance c. Qualifying Aggravating Circumstanced. Extraordinary circumstance

AGGRAVATING CIRCUMSTANCES

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

TAKING ADVANTAGE OF PUBLIC POSITION special aggravating circumstance Elements:

1. the offender is a public officer;2. offender took advantage of his position to facilitate the commission of crime.

“Did the accused abuse his office in order to commit the crime?”


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

IN CONTEMPT OF OR WITH INSULT TO PUBLIC AUTHORITIES

Elements:a. the public authority is engaged in the exercise of public function;b. the offender committed a crime despite of his presence showing lack of respect for public authorities;c. he who is thus engaged in the exercise of said functions is not the person against whom the crime is committed;d. the offender knows him to be a public authority.


(3) That the act be committed with insult or in disregard of the respect due to the offended party on account of his rank, age, or sex, or that it be committed in the dwelling of the offended party, if the latter has not given provocation;

DISREGARD OF RANK, AGE OR SEX AND DWELLING

DWELLING (‘MORADA’) DWELLING(‘MORADA’)– Elements:

a. offender committed crime in the dwelling of the offended party (Dwelling – house or structure exclusively used for rest and comfort but not necessarily for permanent dwelling and not necessarily owned by the offended party; also includes every dependency of the house that forms an integral part thereof)b. offended party has not given sufficient provocationc. offender committed the crime in disregard of the sanctity of privacy and the respect which the dwelling is entitled (if the offender and victim were living in the same dwelling, the former could not have transgressed the sanctity of privacy due to the dwelling by committing a crime therein)


(4) That the act be committed with abuse of confidence;--- There is special, immediate and personal relation between the victim and the offender

That the act be committed with obvious ungratefulness;

Abuse of Confidence

Obvious Ungratefulness

Essence: taking advantage of the confidence reposed by the victim on the offender to facilitate the commission of the crime

Essence: commission of a crime instead of being grateful to the generosities given by the victim to the offender


(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;

Places:1. religious places 2. Palace or presence of the President3. Offices of Public Authorities


(6) That the crime be committed in the nighttime, or in an uninhabited place, or by a band, whenever such circumstances may facilitated the commission of the offense;

Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band.


NIGHTTIME (‘OBSCURIDAD’)

Nighttime – period of darkness beginning at end of dusk and ending at dawn (Viada). Nights are from sunset to sunrise (Art. 13, Civil Code).

UNINHABITED PLACE (‘DESPOBLADO’)

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


BAND (‘CUADRILLA’) Elements:

1. crime committed by a band;2. band facilitated the commission of the crime or insured impunity;3. offender intended to capitalize band in committing the crime.

BAND – at least four malefactors; at least four of them are armed; at least four of them take part together in the commission of the crime.


(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;

That the crime be committed with the aid of persons who insure or afford impunity.


(9) That the accused is a recidivist;

A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of this Code.


RECIDIVISM (‘REINCIDENCIA’) Elements:

1. accused have been previously convicted of a crime by a final judgment;

2. accused have been previously convicted of a crime by a final judgment at the time of his trial for the subject crime;

3. the crime for which he was previously convicted and the subject crime for which he is being tried are embraced in the same title of the RPC


QUASI-RECIDIVISM-special aggravating circumstance under Article 160-is punished with more severity than recidivism because the latter circumstance may be offset by a mitigating circumstance

Elements:a. offender had been previously convicted by a final judgment;b. before beginning to serve such sentence or while serving the same, offender committed the subject felony


(10) That the offender has been previously punished for 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;‘REITERACION’

Elements:1. offender have been previously punished for one crime or two or more crimes;2. the offender committed the subject crime after he served out his previous sentences;3. the previous crime/s and the subject crime must not be embraced in the same title;4. the law attaches for one prior crime a penalty equal to or greater than that for the subject crime, or for two or more prior crimes a penalty lighter than that for the subject crime

Recidivism Reiteracion

It is enough that the a final judgment has been rendered in the 1st offense

It is necessary that the offender shall have served out his sentence for the 1st offense

Requires that the offenses be included in the same title of the Code

Previous and subsequent offenses must not be embraced in the same title of the Code

Always to be taken into consideration in fixing the penalty to be imposed upon the accused

Not always an aggravating circumstance

FORMS OF REPETITION

1. Recidivism (Art. 14, par. 9) – ordinary aggravating

2. Reiteracion (Art. 14, par. 10) – ordinary aggravating

3. Quasi-Recidivism (Art. 160) – special aggravating

4. Habitual delinquency or Multi-recidivism (Art. 62) – extraordinary aggravating


(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 intentional 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 evident premeditation;EVIDENT PREMEDITATION (‘PREMEDITACION CONOCIDA’)

Elements:1. the time when the accused was determined to commit the crime;2. an act manifestly indicating that the accused clung to that determination;3. a lapse of time between the determination and the execution sufficient to allow the accused to reflect upon the consequences of the act;


(14) That craft, fraud, or disguise be employed;

FRAUD – direct inducement by insidious words or machinations to induce the victim to act in a manner which would enable the offender to carry out his design

CRAFT – employing trick or ploy to gain access to the victim in committing a crime; acts of the accused done in order not to arouse the suspicion of the victim; use of intellectual trickery and cunning on the part of the accused

DISGUISE (‘DISFRAZ’) -- resorting to any device to conceal identity


(15) That advantage be taken of superior strength;

Superiority:

a. Armed superiority

b. Physical superiority (female inferiority, old-age inferiority; tender age inferiority; size inferiority)

c. Numerical superiority (4 against one)

Band Aid of armed men

Abuse of superior strength

Organized /Syndicated crime group

At least 4 armed malefactors

There must be a principal by direct participation and armed men participating in a minor character

Numerical and armed strength of the offenders should be considered

At least two offenders, armed or not

Participation of the armed malefactors must be that of a principal by direct participation

The aiding offenders must participate in a minor character such as that of an accomplice

The offenders must commit the crime in the character of principals

The offenders must act as conspirators


(15) That means be employed to weaken the defense;

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


(17) That means be employed or circumstances brought about which add ignominy to the natural effects of the act;

IGNOMINY

--circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime


(18) That the crime be committed after an unlawful entry; (‘ESCALAMIENTO’)

(19) That as a 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;


(20) That the crime be committed 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 commission; (CRUELTY)

Cruelty Ignominy

Act is not necessary to the commission of the crime

Appreciable even if the act of the offender is necessary to the commission of the crime

Refers to physical suffering

Involves moral suffering


SCOFFING AND OUTRAGING qualifying circumstance in murder under Art. 248 but is not listed as an ordinary aggravating circumstance

2 kinds:a. scoffing or outraging at his person;b. scoffing or outraging at his corpse.

To Scoff – to express derision or to scorn at somebody;

Outrage – to offend or insult


USE OF UNLICENSED FIREARM AND EXPLOSIVES (PD 1866, as amended by R.A. No. 8294)

If the offender killed the person with the use of unlicensed firearms or explosives:

1. offender shall be charged with and punished for homicide or murder with ordinary aggravating circumstance of use of unlicensed firearm;

2. offender cannot be charged with an punished independently for illegal possession of firearm.

ARTICLE 15. ALTERNATIVE CIRCUMSTANCES

ALTERNATIVE CIRCUMSTANCES – those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission.

A. RELATIONSHIP

B. INTOXICATION

C. INSTRUCTION AND EDUCATION

Article 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 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 of induce others to commit it;

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

PRINCIPALS

Principal by direct participation – the person who takes a direct part in the execution of the acts;

Principal by inducement/induction – one who directly induces or forces another to commit a crime;

Principal by indispensable cooperation – one who cooperates in the commission of the offense by another act without which if would not have been accomplished.

Article 18. Accomplices

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

If offender took part subsequent to the commission of the crime, he is liable as an accessory.

Accomplice concurred in the criminal resolution with the chief actor by performing simultaneous or previous act.

Accomplices

come to know about the criminal intention after the principals have reached the decision, and only then do they agree to cooperate in its execution;

Merely concur in the criminal decision; do not decide whether the crime should be

committed; Merely instruments who perform acts not

essential to the perpetration of the offense

Conspirators AccomplicesConspirators know the criminal intention because they themselves have decided upon such course of action.

Accomplices come to know about it after the principals have reached the decision, and only then do they agree to cooperate in its execution.

Decide that a crime should be committed

Merely concur in the criminal decision; do not decide whether the crime should be committed

Authors of the crime Merely their instruments who perform acts not essential to the perpetration of the offense

Common characteristic: they know and agree with the criminal design

Article 19. Accessories Accessories are those who, having knowledge of the commission

of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners:1. By profiting themselves or assisting the offender to profit by the effects of the crime. 2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery. 3. By harboring, concealing, or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.

Also called ‘ACCESSORY AFTER THE FACT’ Requisites:

1. crime was committed by principal;2. the participator must have knowledge of the commission of the crime by the principal;3. the participator did not participate in the commission of the crime as principal or accomplice;4. the participator took part in the commission of the crime by performing subsequent acts.

Additional Requisites:1. crime committed by the principal must be a grave or less grave felony – Article 16;2. in case of accessory of the 2nd or 3rd kind, the principal must not be spouse, ascendant, descendant, brothers and sisters, or relatives by affinity within the same degrees of the accessory – Article 20.

Crime was committed by an unidentified, dead or at large principal:

A. Billon doctrine (Pp vs. Billon, CA 48 OG 1391) Even if the principal was not tried and convicted, offender may be held liable as accessory as long as there is evidence that the crime was committed by principal.

B. Barlam doctrine (Pp vs. Barlam, CA 59 OG 2474) The accused cannot be held liable as accessory under par. 3 Article 19, if the principal charged with murder died before trial.

C. Controlling Rule: (Pp vs. Inovera, et.al. 65 OG 3168) CA reverted back to the Billon doctrine.- see Viño vs. People (GR No. 84163, October 19, 1989) SC re-affirmed the principle in Billon. 3 pronouncements:a. Acquittal of the principal must likewise result in the acquittal of the accessory since it was shown that no crime was committed;b. If the principal died or escaped before he could be tried and sentenced, accessory may be held criminally liable;c. If the principal was not identified but the accessory was identified, the latter can be prosecuted and held liable independently of the assailant.

FIRST MODE - by profiting himself or assisting the offender to profit by the effects of the crime Accessory in robbery

and theft – 2 liabilities:a. Accessory in the crime of theft or robbery under the RPC;b. principal in the crime of fencing under PD 1612.

Fencing: the act of any person, who with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft.

Elements of Fencing:

1. a crime of robbery or theft has been committed;2. the accused, who is not a principal or accomplice in the commission of the crime of robbery or theft, buys, receives, possesses, keeps, acquires, conceals, sells or disposes, or buys and sells, or in any manner deals in any article, item, object or anything of value, which has been derived from the proceeds of said crime;3. the accused knows or should have known that the said article, item, object, or anything of value has been derived from the proceeds of the crime of robbery or theft; and4. there is on the part of the accused intent to gain for himself or for another.

Accessory in theft or robbery

Fence under PD 1612

Penalty is 2 degrees lower than that prescribed for the principal

Heavy penalties on persons who profit by the effects of the crime of theft or robbery

Accessory after the fact in theft or robbery

Principal in the offense of fencing

Crime committed is malum in se

Crime is malum prohibitum

No presumption similar to that provided under PD 1612

Sec. 5 Establishes a presumption – mere possession shall be prima facie evidence of fencing

Accessory in piracy and brigandage:

a. liable as an accessory in piracy and brigandage under the RPC;

b. accomplice in the crime of piracy or brigandage –highway robbery under PD No. 532

PD NO. 532 – Forms under PD No. 532:

1st – the offender protects or aids pirates, or brigands or highway-robbers

Req: a. the offender protects or aid pirates or brigands or highway-robbers;

b. the offender must be aware that he is aiding or protecting pirates or highway-robbers.

2nd – directly or indirectly abetting the commission of piracy or highway robbery or brigandage

SECOND MODE – by concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery;

Body of the crime (‘corpus delicti’) – as the body or substance of the crime and in its primary sense, refers to the fact that a crime has actually been committed.

2 liabilities of one who concealed or destroyed the body of the crime:

a. accessory under the RPC;

b. principal of the offense of Obstruction of Justice under PD No. 1829.

OBSTRUCTION OF JUSTICE

Elements:a. offender knowingly or willfully obstructs, impedes, or frustrates the investigation and prosecution of criminal cases or delays the apprehension of suspects and the investigation and prosecution of criminal cases;b. the offender alters, destroys, suppresses or conceals any paper, record, document nor object;c. the offender intended to impair the veracity, authenticity, legibility, availability or admissibility of the said paper, record, document, or object as evidence in any investigation of or official proceedings in criminal cases, or to be used in the investigation of, or official proceedings in, criminal cases.

Accessory under the RPC Obstruction of justice

Required that a crime was committed by the principal

It is not necessary that the crime was committed by the principal

Destroys or conceals the body of the crime, or the effects or instruments thereof

Destroys or conceals “document or object” to be used as evidence in a case; may include the body of the crime, or the effects or instruments thereof

Destroys or conceals body of the crime, or the effects or instruments thereof to prevent its discovery

One who destroys or conceals a “document or object” to impair its availability as evidence in a criminal case

Must not have participated in the commission of the crime as principals

Not required that the offender be a principal nor an accomplice

THIRD MODE – one who had knowledge of the commission of the crime and did not participate in its commission as principal or accomplice, yet took part subsequent to its commission by harboring, concealing, or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.

2 kinds of Accessories under the 3rd type:a. public officer who acts with abuse of his public function by harboring, concealing or assisting in the escape of the principal of the crime; andb. private individual who does the same thing to a principal guilty of the crime of treason, parricide, murder or an attempt against the life of the Chief Executive or is known to be habitually guilty of some other grave or less grave felony.

OBSTRUCTION OF JUSTICE under Sec 1 (b) Elements:

a. offender knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases;b. offender harbors or conceals, or facilitates the escape of a person;c. offender knows, or has reasonable ground to believe, or suspects that the person he assisted has committed any offense under existing penal laws; andd. the offender assisted the criminal in order to prevent his arrest, prosecution and conviction.

Accomplice Accessory

Participates before or during the commission of the offense

Takes part subsequent to the commission of the offense

Knows of the criminal design of the principal

Knows of the commission of the offense

Provides material or moral aid in an efficacious way but not in a manner indispensable to the offense

Acts in the 3 ways specified in Article 19

No exemption from liability

Some accessories are exempted under Article 20

Article 20. Accessories who are exempt from criminal liability

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

RELATIONSHIP RELATIONSHIP – absolutory cause or factor that will

exempt 2nd and 3rd types of accessory from criminal liability- by consanguinity and affinity- does not cover 1st type of accessory - accessory of the 2nd and 3rd type may be charged with obstruction of justice as PD 1829 did not provide relationship as a ground for criminal exemption

LIGHT FELONIES –only principals and accomplices are criminally liable; however, accessories in light felonies can be held liable for obstruction of justice.

PENALTIES PENALTY -- suffering that

is inflicted by the State for the transgression of the law;

Juridical conditions of penalty

Purpose: to secure justice; Theories justifying penalty:

a. Prevention b. Self- defensec. Reformationd. Justice

3-Fold Purpose of the Penalty under the RPC1. Retribution or expiation – the penalty is commensurate to the gravity of the offense;2. Correction of Reformation – as shown by the rules which regulate the execution of the penalties consisting in deprivation of liberty;3. Social Defense – shown by inflexible severity to recidivists and habitual delinquents.

Section 19(1) Article III of the 1987 constitution provides, “Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted.”

Article 22. Retroactive effect of penal laws

Penal laws shall have a retroactive effect insofar as they favor the person guilty of a felony, who is not a habitual criminal, as this term is defined in rule 5 of article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same.

Ex Post Facto Laws penalize an act not otherwise punishable at the time

committed provides for retroactivity of criminal law; prohibited by the 1987 Constitution; CASE: Lacson vs. Executive Secretary (GR No. 128096, January 20,

1999) An Ex Post Facto law:

1. Alters, in relation to the offense or its consequences, the situation of a person to his disadvantage;

2. Assumes to regulate civil rights and remedies only but in effect imposes a penalty or deprivation of a right which when done was lawful;

3. Deprives a person accused of crime of some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty.

Article 24. Measures of prevention or

safety which are not considered penalties.

The following shall not be considered as penalties:1. The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or illness requiring their confinement in a hospital.2. The commitment of a minor to any of the institutions mentioned in article 80 and for the purposes specified therein.3. Suspension from the employment or public office during the trial or in order to institute proceedings.4. Fines and other corrective measures which, in the exercise of their administrative disciplinary powers, superior officials may impose upon their subordinates.5. Deprivation of rights and reparations which the civil law may establish in penal form.

PENALTIES Classification of

Penalties:1. Principal – those expressly imposed by the court in the judgment of conviction2. Accessory – is based on the imposition of principal penalty

Classification of Principal Penalties:A. Gravity – Principal penalties except fine are classified into capital punishment, afflictive, correctional and light penalties. Fine is classified into afflictive, correctional and light penalty;B. Subject Matter—classified into corporal punishment, deprivation of freedom, pecuniary punishment (ex. Fine), restriction of freedom (ex. Destierro) and deprivation of rights;C. Divisibility i. Divisible – those that can be divided into 3 periods;ii. Indivisible – those that cannot be divided into 3 periods; e.g. reclusion perpetua

Art. 26. FINE

Light penalty Less than P200

Correctional penalty

Not less than P200, not exceeding P6000

Afflictive penalty Exceeding P6000

Duration of Penalties

Light penalty Arresto Menor 1 day to 30 daysCorrectional penalties

Arresto Mayor 1 month and 1 day to 6 months

Prision Correcional(Suspension & Destierro)

6 months and 1 day to 6 years

Afflictive penalties

Prision Mayor 6 years and 1 day to 12 years

Reclusion Temporal 12 years and 1 day to 20 years

Reclusion Perpetua 20 years and 1 day to 40 years

Life Imprisonment Reclusion PerpetuaPenalty for violation of special penal laws

Penalty for violation of the Revised Penal Code

With no fixed duration With fixed duration of 20 years and 1 day to 40 years

Without accessory penalties

With accessory penalties under Article 27

Distinctions between Life Imprisonment and Reclusion Perpetua

Article 28. Computation of penalties

If the offender shall be in prison, the term of the duration of the temporary penalties shall be computed from the day on which the judgment of conviction shall have become final.

If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of liberty shall be computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty. The duration of the other penalties shall be computed only from the day on which the defendant commences to serve his sentence.

Article 29. Period of preventive imprisonment

deducted from term of imprisonment.

Read Articles 30 – 33 Article 34. Civil interdiction. - Civil interdiction shall

deprive the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos.

CIVIL INTERDICTION – accessory to death, reclusion perpetua, and reclusion temporal. Right to dispose property – only through a:1. person appointed as judicial guardian;2. through conveyance mortis causa.

Article 35. Effects of bond to keep the peace

Bond to keep the peace – imposed only in grave or light threats; to cover such period of time as the court may determine (Art. 27);

Failure to give the bond:

a. Grave or less grave felony – detention for not more than 6 months;

b. Light felony – detention not exceeding 30 days.

Article 36. Pardon; its effect.

A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon.A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence.

2 kinds of pardon:a. Private;b. Executive.

Executive clemency- pardoning power of the President;- an act of forgiveness, thus, relieves the person pardoned from the penal consequences of the crime but it does not obliterate the crime itself;- discretionary on the part of the President;- does not extinguish the civil liability of the person pardoned.

Pardon by the Chief Executive

Pardon by the offended party

Extinguishes the criminal liability of the offender

Does not extinguish the criminal liability of the offender

Cannot include civil liability which the offender must pay

Offended party can waive the civil liability which the offender must pay

Pardon granted only after conviction and may be extended to any of the offenders

In Art. 344, pardon must be extended before the institution of the criminal prosecution and must be extended to both offenders

Article 38. Pecuniary liabilities. - Order of payment

1. The reparation of the damage caused;

2. Indemnification of consequential damages;

3. The fine;

4. The costs of the proceedings.

Pecuniary Penalties vs. Pecuniary liabilities

Pecuniary penalties are those which a convicted offender may be required to pay in money to the government. These are:

a. Fine; and

b. Costs of the proceedings.

Pecuniary liabilities are those which a convicted offender is required to pay in money to the offended party and to the government. They are:

a. Reparation of the damage caused;

b. Indemnification of consequential damages;

c. Fine; and

d. Costs of the proceedings.

Article 39. Subsidiary penalty Requisites:

a. offender was sentenced to suffer penalty of fine, imprisonment penalty and fine, or penalty with duration and fine;b. offender was not sentenced to suffer imprisonment penalty or penalty with duration of more than six years;c. the offender was expressly sentenced in the judgment to suffer fine with subsidiary imprisonment in case of insolvency;d. offender failed to pay the penalty of fine;e. the failure to pay the fine was due to insolvency.

Subsidiary Penalty

(1) Fine – subsidiary imprisonment shall not exceed 6 months, if the accused shall have been prosecuted for a grave or less grave felony, and shall not exceed 15 days, if for a light felony.

(2) Imprisonment penalty and fine – imprisonment penalty of not more than 6 years, the subsidiary imprisonment shall not exceed 1/3 of the time of the imprisonment penalty or one year.

Read Articles 40 to 45Principal Accessory penalty(ies)

Arresto menorArresto mayor

Suspension (1) to hold office; (2) suffrage

Prision correcional Suspension from (1) public office; (2) profession; (3) calling

Exceeding 18 months

Perpetual special disqualification from right of suffrage

Prision Mayor Perpetual special disqualification from right of suffrageTemporary absolute disqualification

Reclusion Temporal

Perpetual absolute disqualification

Reclusion Perpetua Civil Interdiction

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. (Read also Arts. 50 -51)

Whenever the law prescribes a penalty for a felony in general terms, it shall be understood as applicable to the consummated felony.

STARTING POINT of the rule for graduation of penalties by degrees.

Read Art. 47. – Death PenaltySee R.A. No. 9346 – prohibits the imposition of death penalty

SINGLE PENALTY FOR MULTIPLE CRIMES

a. compound crime;

b. complex crime proper;

c. special complex crime;

d. continued crime;

e. absorbing crime.

Basis:

A. Absorption system of penalty – lesser penalties are absorbed by the greater penalties

B. Pro Reo Principle – accused who commits two crimes with single criminal impulse demonstrates lesser perversity than when the crime are committed by different acts and several criminal resolutions.

C. Single Impulse Rule – requires the imposition of a single penalty for multiple crimes committed under a single criminal resolution.

D. Public policy

Article 48. Complex crimes

When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period.

Component Crimes – the crimes constituting complex crime.

2 kinds:a. Compound Crime (Delito Compuesto) – two or more grave or less grave felonies resulting from a single actb. Complex Crime Proper (Delito Complejo) – two or more offenses one of which is the principal crime while the rest are committed as a necessary means to commit the former

COMPLEX CRIMES

COMPOUND CRIME ‘Delito Compuesto’REQUISITES:1. single act produces two or more crimes – compound crime is produced by a single act, hence, there should only be a single penalty2. the crimes produced are felonies punishable by the RPC;3. the crimes produced are grave or less grave felonies;

COMPLEX CRIMES

COMPLEX CRIME PROPER (‘Delito Complejo’)

REQUISITES:1. crimes were committed as a necessary means for committing the other;2. the crimes resulted from different acts committed under single criminal resolution;3. crimes committed were punishable by the RPC.

COMPLEX CRIMES

Penalty for complex crime: that imposable for the most serious component crime to be applied in the maximum period.

Doctrine of Absorption

applies when a crime is inherent in another crime. Example: Forcible abduction absorbs illegal

detention; applies in rebellion – see Pp vs. Salazar, GR Nos.

6025-26, July 18, 1956; Enrile vs. Salazar, GR No. 92163, June 5, 1990; RA No. 6968; Held: Murder, arson and robbery are mere ingredients of the crime of rebellion, as means “necessary” for the perpetration of the offense. Such common offenses are absorbed or inherent in the crime of rebellion.

Doctrine of Common Element

an element used to complete one crime cannot be legally re-used to complete the requisites of a subsequent crime.

Estafa through falsification of private document cannot exist. The use of damage as an element in falsification precludes the re-use thereof to complete the elements of estafa, and vice versa.

CONTINUOUS (CONTINUED OR CONTINUING) CRIME

single crime consisting of a series of acts arising from a single criminal resolution or intent not susceptible of division

Applies to crimes penalized under special laws also called SINGLE LARCENY Doctrine CASES:

1. Pp vs. Tumlos (GR No. 46248, April 13, 1999) 2. Pp vs. Jaranilla (GR No. L-28547) 3. Santiago vs. Garchitorena (GR No. 109266, December 2, 1993)

Not applied: a. 2 estafa cases one of which was committed during the period from January 19 to December 1955 and the others from January 1956 to July 1956 (Pp vs. Dichupa, 113 Phil) The said acts were committed on different occasions;b. 75 estafa cases committed by the conversion by the agent of collections from customers of the employee made on different dates. (Gamboa vs. CA, 68 SCRA)

SPECIAL COMPLEX CRIME/OFFENSE

SPECIAL COMPLEX CRIME

- also called COMPOSITE CRIME

- composed of 2 or more crimes for which the law fixes specific penalty

Special Complex Offense –special criminal law may also fix a specific penalty for an offense defined by it

Composite crimes Complex crimes

The combination of the offenses are fixed by law, e.g. robbery with rape, robbery with homicide, etc.

The combination is not specified but generalized, that is, grave and/or less grave; or one offense being the necessary means to commit the other

The penalty for the specified combination of crimes is also specific

The penalty is not specific but is for the most serious offense in the maximum period

Transitory (Moving) Crime

in criminal procedure, to determine venue

criminal action may be instituted and tried in the court of the municipality, city or province wherein any of the essential ingredients of the crime took place.

Question: Accused took a woman forcibly and thereafter raped

her. How should the offender be charged?a. If the original intent is to rape, the taking is merely a

means to commit the intended offense in which case, the crime is rape, the abduction being a necessary means to bring about the desired result.

b. If the intention is to take the woman against her will with lewd designs, there is the complex crime of forcible abduction with rape.

c. If the original intention is to kidnap the woman for ransom and thereafter, rape is committed as an afterthought, the offense committed is a special complex crime of kidnapping with rape.

Article 49. Penalty to be imposed upon the principals when the crime committed is different

from that intended

applicability of Article 49 is limited to unintended crime committed due to ERROR IN PERSONAE

Error in personae or aberratio ictus Praeter intentionem

Consequent victim is different from that intended due to mistake in identity or mistake in blow

Wrongful consequence is graver than that intended

If the victim did not die, the crime committed is attempted or frustrated homicide/murder

If the victim did not die, the crime committed is physical injuries as there is lack of intent to kill

Offender is not entitled to mitigating circumstanceEP – penalty under Article 49AI – penalty under Article 48

Offender is entitled to mitigating circumstance of no intention to commit so grave a wrong as that committed

Articles 50 - 57

Consummated Stage Frustrated Stage

Attempted Stage

Principals 0 1 2

Accomplices 1 2 3

Accessories 2 3 4

Article 58. Additional penalty to be imposed upon certain accessories

Accessories falling under paragraph 3 of Article 19 who act with abuse of their functions

Additional penalties:

1. Absolute perpetual disqualification – principal offender guilty of a grave felony

2. Absolute temporary disqualification – principal offender guilty of a less grave felony

Article 59. Penalty for impossible crime

Arresto mayor of a fine ranging from P 200 to P 500

Basis for imposition of proper penalty:

1. Social danger

2. Degree of criminality shown by the offender

Basis for determining extent of penalty: the stage of its

execution; the degree of

participation therein of the offender;

the mitigating or aggravating circumstances which attended the commission of the crime.

What is a degree?

A degree is one entire penalty or one whole penalty or one unit of the penalties in the graduated scales provided for in Article 71.

What is a period?

A period is the minimum, medium or maximum of a divisible penalty.

PENALTIES Single Penalty vs. Compound Penalty

Single penalty is that which is composed of a single unit of penalty. Ex: penalty for homicide is reclusion temporalCompound penalty is that which consists of 2 or more components. Ex: penalty for mutilation is reclusion temporal to reclusion perpetua

5 divisible imprisonment penalties: reclusion temporal, prision mayor, prision correcional, arresto mayor, arresto menor

Complex penalty – has 3 distinct penalty components. Ex: penalty of reclusion temporal to death fixed for treason committed by an alien (Art. 114)

Period components – Ex: penalty for serious physical injuries under Art. 263, par. 3 is prision correctional in its minimum and medium periods; penalty for illegal assembly is prision correctional in its maximum period to prision mayor in its medium period.

Penalty in period – penalty is only a portion of a divisible penalty. Ex: penalty of arresto mayor in its minimum period for light coercion

Article 60. Exceptions to the rules established in articles 50 to 57 Special complex crime of robbery with attempted or

frustrated homicide (Article 297); Accomplice, who furnished the place for the perpetration

of the crime of slight illegal detention (Article 268)- punished as principals;

Ascendant, guardians, curators, teachers, or any person, who by abuse of authority, or confidential relationship, shall cooperate as accomplices in the crimes of acts of lasciviousness, seduction, abduction, white slave trade, corruption of minor (Article 346)- punished as principals;

Accomplice and accessory in the crime of terrorism or conspiracy to commit terrorism (R.A. No. 9372).

Scale of penalties under Article 71 For the purpose of applying the provisions of the next preceding

paragraph the respective severity of the penalties shall be determined in accordance with the following scale:1. Death,2. Reclusion perpetua,3. Reclusion temporal,4. Prision mayor,5. Prision correccional,6. Arresto mayor,7. Arresto menor,8. Destierro,9. Perpetual absolute disqualification,10 Temporary absolute disqualification.11. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling, and12. Public censure.

Penalties under Article 71

Indivisible – death, reclusion perpetua, and public censure;

Divisible – reclusion temporal, prision mayor, prision correccional, arresto mayor, destierro, arresto menor

Article 61. Rules for graduating penalties

First Rule: Penalty prescribed is single and indivisible;

Second Rule: Penalty prescribed composed of 2 indivisible penalties or 1 or more divisible penalties imposed to their full extent;

Third Rule: Penalty prescribed composed of 1 or 2 indivisible penalties and the maximum of another divisible penalty;

Fourth Rule: Penalty prescribed composed of several periods of divisible penalties;

Fifth Rule: When the penalty prescribed not covered by preceding four rules – proceed by analogy.

Article 62. Effects of the attendance of mitigating or aggravating circumstances and of habitual delinquency

Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the following rules:1. Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty.1(a). When in the commission of the crime, advantage was taken by the offender of his public position, the penalty to be imposed shall be in its maximum regardless of mitigating circumstances.The maximum penalty shall be imposed if the offense was committed by any person who belongs to an organized/syndicated crime group.An organized/syndicated crime group means a group of two or more persons collaborating, confederating or mutually helping one another for purposes of gain in the commission of any crime.

Article 62. Effects of the attendance of mitigating or aggravating circumstances and of habitual delinquency

2. The same rule shall apply with respect to any aggravating circumstances inherent in the crime to such a degree that it must be necessity accompany the commission thereof.3. Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private relations with the offended party, or from any other personal cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant.4. The circumstances which consist in the material execution of the act, or in the means employed to accomplish it, shall serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein.

Organized/Syndicated Crime Group

An organized/syndicated crime group means a group of two or more persons collaborating, confederating or mutually helping one another for purposes of gain in the commission of any crime.

The maximum penalty shall be imposed if the offense was committed by any person who belongs to an organized/syndicated crime group.

Article 62.

Rules 1 & 2Examples: that the crime was committed by means of fire, is not considered as aggravating circumstance in arson; that the crime was committed in the dwelling of the offended party is not aggravating in robbery with force upon things (Art. 299)

“Taking advantage of public position” – special aggravating circumstance; maximum penalty shall be imposed regardless of the presence of mitigating circumstances;

Belong to ‘organized/syndicated crime group’ – the penalty to be imposed shall be in its maximum.

Article 62.

Rules 3 & 4: Question: 4 persons committed homicide. One of them

is 15 years old. Another is drunk. The third is recidivist and the other is neither under age, nor drunk nor a recidivist. Are they equally liable? No. The first offender has in is favor an exempting circumstance, which does not affect his co-accused. The second has another circumstance in his favor, drunkenness, which does not affect his co-accused. The third has an aggravating circumstance which affects him only. The fourth accused shall suffer the penalty corresponding to him without taking into consideration the circumstances which affect the others.

HABITUAL DELINQUENCY 5. Habitual delinquency shall have the following effects:

(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the last crime of which he be found guilty and to the additional penalty of prision correccional in its medium and maximum periods;(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its minimum and medium periods; and (c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum period.Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the offender, in conformity herewith, shall in no case exceed 30 years.For the purpose of this article, a person shall be deemed to be habitual delinquent, if within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto estafa or falsification, he is found guilty of any of said crimes a third time or oftener. (As amended by Section 23, Republic Act No. 7659.)

HABITUAL DELINQUENCY HABITUAL DELINQUENT – is a person who within a period

of ten years from the date of his last release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification is found guilty of any of said crimes a third time or oftener.

not a crime; only a factor in determining the total penalty; 10 year period is computed from the last conviction or from

the last release, not from the date of the commission of the last offense;

Applies not only to consummated felonies enumerated, but also when attempted or frustrated (Pp vs. Abuyen, 52 Phil 722); also applicable when the offender is convicted as a principal, accomplice or accessory in the commission of any of the specified crimes;

Requisites of HABITUAL DELINQUENCY:

1. That the offender had been convicted of any of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification;

2. That after that conviction or after serving his sentence, he again committed, and within 10 years from his release or first conviction, he was again convicted of any of the said crimes for the second time;

3. That after his conviction of, or after serving sentence for, the second offense, he again committed, and within 10 years from his last release or last conviction, he was again convicted of any of said offense, the third time or oftener.

Effects of Habitual Delinquency accused is not entitled to retroactive application of law, which

is favorable to him – Article 22; period of preventive imprisonment shall not be credited in the

service of sentence of the habitual delinquent, since he is a recidivist and have been convicted previously twice or more times of crime – Article 69;

in addition to the penalty prescribed for the last felony of which he is found guilty, the HB shall suffer the penalty prision correctional in its medium and maximum periods for the 3rd conviction; or the penalty of prision mayor in its minimum and medium periods for 4th conviction or penalty of prision mayor in its maximum period to reclusion temporal in its minimum period for the 5th or additional conviction;

convict is not eligible for parole under the Indeterminate Sentence Law.

HABITUAL DELINQUENCY

A habitual delinquent is necessarily a recidivist, and in imposing the principal penalty upon him the aggravating circumstance of recidivism has to be taken into account. However for the purpose of fixing the additional penalty, recidivism cannot be taken as an aggravating circumstance for the reason that it is inherent in habitual delinquency.

Habitual delinquency and recidivism are NOT crimes.

Additional penalty for habitual delinquency

The total of the two penalties shall not exceed thirty (30) years. The two penalties refer to:

1. The penalty for the last crime of which he is found guilty; and

2. The additional penalty for being a habitual delinquent.

Reason for the imposition of additional penalty: dangerous propensity to commit crimes;

The imposition of an additional penalty is mandatory.

Habitual delinquency vs. Recidivism

Habitual Delinquency The crimes are

specified; The offender is found

guilty of any of the crimes specified therein within ten years from his last release or last conviction;

An additional penalty is imposed

Recidivism The crimes are embraced

in the same title of the Code;

No period of time between the former conviction and the last conviction is fixed by law;

If not offset by a mitigating circumstance, serves to increase the penalty only to the maximum

Special Aggravating circumstances – cannot be offset by mitigating circumstances

Taking advantage of public position;Organized/Syndicated Crime group;Quasi Recidivism;Under the influence of drugs (see:

R.A. No. 9165)

Article 63. Rules for the application of

indivisible penalties In all cases in which the law prescribes a single indivisible penalty, it shall be applied by the courts regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed.

In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules shall be observed in the application thereof:1. When in the commission of the deed there is present only one aggravating circumstance, the greater penalty shall be applied.

Article 63. Rules for the application of indivisible penalties

2. When there are neither mitigating nor aggravating circumstances in the commission of the deed, the lesser penalty shall be applied.3. When the commission of the act is attended by some mitigating circumstance and there is no aggravating circumstance, the lesser penalty shall be applied.4. When both mitigating and aggravating circumstances attended the commission of the act, the courts shall reasonably allow them to offset one another in consideration of their number and importance, for the purpose of applying the penalty in accordance with the preceding rules, according to the result of such compensation.

Article 64. Rules for the application of penalties which contain three periods

In cases in which the penalties prescribed by law contain three periods, whether it be a single divisible penalty or composed of three different penalties, each one of which forms a period in accordance with the provisions of articles 76 and 77, the courts shall observe for the application of the penalty the following rules, according to whether there are or are no mitigating or aggravating circumstances:1. When there are neither aggravating nor mitigating circumstances, they shall impose the penalty prescribed by law in its medium period.2. When only a mitigating circumstance is present in the commission of the act, they shall impose the penalty in its minimum period.3. When only an aggravating circumstance is present in the commission of the act, they shall impose the penalty in its maximum period.

Article 64. Rules for the application of penalties which contain three periods

4. When both mitigating and aggravating circumstances are present, the court shall reasonably offset those of one class against the other according to their relative weight.5. When there are two or more mitigating circumstances and no aggravating circumstances are present, the court shall impose the penalty next lower to that prescribed by law, in the period that it may deem applicable, according to the number and nature of such circumstances.6. Whatever may be the number and nature of the aggravating circumstances, the courts shall not impose a greater penalty than that prescribed by law, in its maximum period.7. Within the limits of each period, the courts shall determine the extent of the penalty according to the number and nature of the aggravating and mitigating circumstances and the greater or lesser extent of the evil produced by the crime.

Article 64

Applies only when the penalty has three (3) periods (or penalties as periods)

Examples:

1. Penalty of reclusion temporal in homicide;

2. Penalty: prision correccional to reclusion temporal;

Not applicable when the penalty is indivisible or prescribed by special law or fine

Graduating FactorsFactors No. of

degrees

Stage of Execution

Frustrated stage 1

Attempted Stage 2

Nature of participation

Accomplice 1

Accessory 2

Privileged mitigating circumstances

Minority 1

Incomplete justification or exemption (Except: Accident)

1 or 2

Special mitigating circumstance (Art. 64 par.5)

1

Summation:

1 mitigating minimum

No modifying medium

1 aggravating maximum

Multiple mitigating 1 degree lower

Multiple aggravating maximum

After applying the off-set rule1 or more mitigating minimum

No remaining modifying medium

1 or more remaining aggravating maximum

Mitigating or Aggravating circumstances not considered in the imposition of penalty:

when the penalty is single and indivisible (Art. 63); in felonies through negligence; penalty to be imposed upon a Moro or other non-

Christian inhabitants (Sec. 106 of Admin. Code of Mindanao);

when the penalty is only a fine imposed by an ordinance;

when the penalties are prescribed by special laws.

THE INDETERMINATE SENTENCE LAW

(Act 4103, as amended by Act No. 4225)

imposition of indeterminate penalty is mandatory; this penalty has minimum or maximum term.

purpose: to uplift and redeem valuable human material, and prevent unnecessary and excessive deprivation of personal property and economic usefulness

the prisoner must serve the minimum penalty before he is eligible for PAROLE under the provisions of the ISL

ISL WILL NOT APPLY TO (SEC.2):

1. no retroactive application to those who are already serving final judgment upon the approval of the law (exception to Prospectivity);2. habitual delinquent – is a person who within a period of 10 years from the date of his last release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification, is found guilty of any said crimes a third time or oftener. - a HB is a recidivist but a recidivist is not necessarily a HB-Recidivists are entitled to an indeterminate sentence. (Pp vs. Jaranilla, February 22, 1974)3. fugitives from justice – escaped from confinement or evaded sentence (Exc. CICL who escaped from the custody of a social welfare officer, under RA No. 9344);4. violators of conditional pardon;

ISL WILL NOT APPLY TO (SEC.2):

5. political prisoners and pirates (those convicted of treason, conspiracy or proposal to commit treason, misprision of treason, rebellion, sedition, espionage and piracy);6. not exceeding 1 year imprisonment;= 1 year or less – impose straight penalty7. those sentenced with indivisible penalties.= death penalty, life imprisonment and reclusion perpetua8. those sentenced with destierro (benefits of the law are expressly granted to those who are sentenced to imprisonment exceeding one year)9. Sec. 3 of RA 9346 – persons convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua, by reason of this Act, shall not be eligible for parole.

INDETERMINATE PENALTY

MAXIMUM PENALTY – that fixed in accordance with the rules for graduation of penalties, rules in determining the proper imposable period of a penalty, and the rule in determining the extent of the imposed penalty (Articles 46, 48, 5o to 57, 61, 62 [except par. 5], 63, 64, 68, 69 and 71)

MINIMUM PENALTY – the fixed or graduated penalty has to be reduced by one degree without taking into account the attendant modifying circumstances.

Example Accused committed homicide, punishable with reclusion

temporal. 2 mitigating circumstances were invoked. Since there are 2 mitigating circumstances and no

aggravating circumstance, the penalty shall be lowered by one degree pursuant to Art. 64 (5), which in this case would be prision mayor. The penalty shall be imposed in the medium period considering that no other modifying circumstance attended the commission of the offense.

Minimum of the penalty shall be within the range of the penalty next lower in degree which is prision correccional;

Maximum of the penalty shall be within the range of the medium period of prision mayor.

BAR Q 1995 No. 10

Homer was convicted of homicide. The trial court appreciated the following modifying circumstances: the aggravating circumstance of nocturnity and the mitigating circumstances of passion and obfuscation, no intent to commit so grave a wrong, illiteracy and voluntary surrender. The imposable penalty for homicide is reclusion temporal. Determine the proper penalty.

Answer: - Article 64 (4) of the RPC should be applied- Offsetting of modifying circumstances = excess of 3 mitigating

circumstances- - indeterminate penalty: maximum – 12 years and 1 day to 14 years

and 8 months of reclusion temporal minimum; minimum: penalty next lower in degree -- prision mayor in its full extent ( 6 years and 1 day to 12 years)

- - proper penalty: 6 years and 1 day as minimum to 12 years and 1 day to 14 years and 8 months of reclusion temporal minimum as maximum

BAR Q 2009 No. XII (Part II)

In a conviction for homicide, the trial court appreciated 2 mitigating circumstances and 1 aggravating circumstance. Determine the appropriate penalty to be imposed.

Answer: - Offsetting of modifying circumstances – excess of 1

mitigating circumstance;

- Indeterminate penalty --- maximum penalty: 12 years and 1 day to 14 years and 8 months of reclusion temporal minimum; minimum penalty: full range of prision mayor

BAR Q 1999 No. 8 – see also BAR Q 1994 No. 11, BAR Q 1989 No. 8

Andres is charged with an offense defined by a special law. The penalty prescribed for the offense is imprisonment of not less than 5 years but not more than 10 years. Upon arraignment, he entered a plea of guilty. In the imposition of the proper penalty, should the ISL be applied? If you were the judge, what penalty would you impose on Andres?

Answer: Yes. The indeterminate sentence is the maximum of which shall not exceed the maximum fixed by law and the minimum shall not be less than the minimum penalty prescribed by the same. As a judge, I will have the discretion to impose the penalty within the said minimum and maximum.

BAR Q 1990 no. 12

Carlos was charged and convicted of murder. He was sentenced to life imprisonment and to indemnify the offended party. He sought reconsideration of the penalty on the ground that he should be entitled to the benefits of the ISL. Decide with reasons:

BAR Q 1989 No. 9

Jose is charged with bigamy. The RPC prescribes the penalty of prision mayor for bigamy. The information alleged 1 aggravating circumstance. Upon arraignment, Jose pleaded guilty and invoked 2 mitigating circumstances. Determine the appropriate penalty (to constitute the maximum term of the indeterminate sentence:

Answer: Offsetting of modifying circumstances – excess : 1 mitigating

- proper penalty: prision mayor minimum period

BAR Q 1985 No. 2

Arthur, a 17 year old student and aggrieved by the death of his only brother in a rally at the hands of the police, fired at a motorcycle cop passing by their place. He however missed his target and instead hit Jason, a passerby who died instantly.

a. What charge should be filed against Arthur?

b. Upon arraignment, Arthur pleaded guilty and invoked the additional mitigating circumstance of voluntary surrender. Determine the appropriate indeterminate penalty.

Answer:

A. Direct Assault with Homicide (Complex crime)

B. He is entitled to the lowering of the penalty by 1 degree. There being 2 mitigating circumstances, which are voluntary plea of guilty and voluntary surrender, without any aggravating circumstance, the penalty being divisible, is to be lowered by 1 degree. The imposable penalty, lowered by 2 degrees, will be the maximum of the indeterminate sentence.

INDETERMINATE PENALTY FOR AN OFFENSE Section 1 of the ISL provides: The court shall

sentence the accused to an indeterminate sentence, the maximum term of which shall not exceed the maximum fixed by said law and the minimum shall not be less than the minimum term prescribed by the same.

Exception: if the special law provides one specific penalty for an offense, the ISL is not applicable

Parole PardonMinimum sentence must be served

Service of the sentence is not required for the grant thereof

Benefit granted by law (ISLaw)

Exercise of the power of the President under the Constitution

Distinguish Parole and Pardon

oDEATH PENALTY

Single penalty Apply Art. 63, par. 1

Compound penalty (Ex: RP to death)

Apply Art. 63, par. 2

Complex penalty (Ex: RT to death)

Apply Art. 64

Graduated penalty (Ex. Under Art. 310 in rel. to 309)

Apply Art. 74

Section 2 of R.A. No. 9346

In lieu of the death penalty, the following shall be imposed:

(a)The penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the RPC; or

(b)The penalty of life imprisonment, when the law violated does not make use of the nomenclature of the penalties of the RPC.

Article 65. Rule in cases in which the penalty is not composed of three periods

Example: penalty is prision correcional in its medium and maximum periods

Computation:

= duration: 2 years 4 months and 1 day to 6 years

= 5 years and 12 months (or 6 years)

2 years and 4 months

3 years and 8 months/3

= 1 year, 2 months & 20 days

Answer:

= minimum of the minimum: 2 years 4 months and 1 day

= maximum of the minimum: 3 years 6 months and 20 days (2 years 4 months and 1 day + 1 year 2 months and 20 days)

= minimum of the medium: 3 years 6 months and 21 days

= maximum of the medium: 4 years 9 months and 10 days (3 years 6 months and 21 days + 1 year 2 months and 20 days)

= minimum of the maximum: 4 years 9 months and 11 days

= maximum of the maximum: 6 years (4 years 9 months and 11 days + 1 year 2 months and 20 days)

Article 66. Imposition of fines.

Fixing the amount of fine

1. wealth or means of the offender;

2. other factors – gravity or seriousness, the heinousness of its perpetration and the magnitude of its effects on the victim (presence of mitigating and aggravating circumstances)

Ex. Fine of not less than P200 and not more than P2,000

Fixed penalty Not less than P200 and not more than P2,000

Penalty next lower in degree

Not less than P200 and not more than P1,500

Penalty lower by two degrees

Not less than P200 and not more than P1,000

Penalty lower by three degrees

Not less than P200 and not more than P500

Article 67. Penalty to be imposed when not all the requisites of exemption of the fourth circumstance of article 12 are present When all the conditions

required in circumstance number 4 of article 12 of this Code to exempt from criminal liability are not present, the penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon the culprit if he shall have been guilty of a grave felony, and arresto mayor in its minimum and medium periods, if of a less grave felony.

This applies only when all the requisites of the exempting circumstance of accident are not present;

Incomplete exempting circumstance of accident under Article 12 (4) is not a privilege mitigating circumstance.

Accident 4 conditions of ACCIDENT:1. The act causing the injury must be lawful,

i.e., it is not a violation of any law or regulations;

2. The act was performed with due care;3. The injury was caused by mere accident;4. There is no fault or intention to cause injury. Incomplete attendance of conditions for

exempting circumstance of accident will render the offender liable for culpable felonies.

Article 68. Penalty to be imposed upon a person under eighteen years of age

When the offender is a minor under eighteen years and his case is one coming under the provisions of the paragraph next to the last of article 80 of this Code, the following rules shall be observed:1. Upon a person under fifteen but over nine years of age, who is not exempted from liability by reason of the court having declared that he acted with discernment, a discretionary penalty shall be imposed, but always lower by two degrees at least than that prescribed by law for the crime which he committed.2. Upon a person over fifteen and under eighteen years of age the penalty next lower than that prescribed by law shall be imposed, but always in the proper period.

Article 69. Penalty to be imposed when the

crime committed is not wholly excusable

A penalty lower by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable by reason of the lack of some of the conditions required to justify the same or to exempt from criminal liability in the several cases mentioned in article 11 and 12, provided that the majority of such conditions be present. The courts shall impose the penalty in the period which may be deemed proper, in view of the number and nature of the conditions of exemption present or lacking.

Read Articles 67, 68 & 691. MINORITY

Child is 15 yrs or under Exempting circumstance

Child above 15 (15 and 1 day) but below 18

a. acted without discernment – Exempting circumstance

Child above 15 (15 and 1 day) but below 18

b. acted with discernment – Privileged mitigating - graduated to ONE DEGREE LOWER

2. INCOMPLETE JUSTIFICATION OR EXEMPTION

Exception: incomplete exempting circumstance of ACCIDENT – liable for culpable felonies

a. majority of the conditions present Privileged mitigating

b. not majority Ordinary mitigating

c. 2 conditions – only 1 condition present

Privileged mitigating

2 modes of service of multiple penalties:

Simultaneously - if the nature of the penalties will so permit;

Successively – if the nature of the penalties will not permit simultaneous service.

Scales of penalties

Article 25 – based on the gravity of the penalties;

Article 70 - based on the severity of the penalties;

Article 71 – graduated scales of penalties for purposes of applying the rules for graduation of penalties.

Article 70. Successive service of sentences

When the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature of the penalties will so permit; otherwise, the following rules shall be observed:

In the imposition of the penalties, the order of their respective severity shall be followed so that they may be executed successively or as nearly as may be possible, should a pardon have been granted as to the penalty or penalties first imposed, or should they have been served out.

Scale of penalties under Art. 70 For the purpose of applying the provisions of the next preceding

paragraph the respective severity of the penalties shall be determined in accordance with the following scale:1. Death,2. Reclusion perpetua,3. Reclusion temporal,4. Prision mayor,5. Prision correccional,6. Arresto mayor,7. Arresto menor,8. Destierro,9. Perpetual absolute disqualification,10 Temporary absolute disqualification.11. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling, and12. Public censure.

Art. 70

Notwithstanding the provisions of the rule next preceding, the maximum duration of the convict's sentence shall not be more than threefold the length of time corresponding to the most severe of the penalties imposed upon him. No other penalty to which he may be liable shall be inflicted after the sum total of those imposed equals the same maximum period.Such maximum period shall in no case exceed forty years.In applying the provisions of this rule the duration of perpetual penalties (penal perpetua) shall be computed at thirty years. (As amended by Com. Act No. 217.)

SUCCESSIVE SERVICE where the penalties to be served are destierro and

imprisonment – latter penalty is a deprivation of liberty while the former is just a restriction;

where the penalties to be served are imprisonment:1. order of severity ;2. total duration – subject to the three-fold rule and 40-year limitation rule3. Three-fold rule – the duration of the imprisonment in the service of multiple penalties must not exceed three-fold the length of time corresponding to the most severe of the penalties imposed upon him.4. Ancillary rules5. Forty-year limitation rule

How is the penalty computed?

1. Get the most severe penalty meted as listed in Art. 70;2. Multiply the duration of the most severe penalty by 3;3. Add the duration of all the different sentences;4. Compare the results in 2 and 3;5. Accused to serve the lesser period unless it is in

excess of 40 years in which case, the culprit shall serve only 40 years.

Note: when the most severe penalty is reclusion perpetua, the imputed duration shall be 30 years, thus 30 x 3 is 90 years. The culprit shall serve not 90 but 40 years.

If the penalties imposed are all equal, how should the 3-fold rule operate?

Ex: Accused was sentenced to suffer 7 reclusion perpetua. The period of RP shall be considered as the most severe penalty for the purpose of applying the 3-fold rule. Thus, 3 x 30 = 90, but the accused is to serve a maximum of 40 years only.

Q: Should the judge refrain from imposing the correct penalties if these would exceed the limitation of penalties under the 3-fold rule?

No. Article 70 deals with service of sentence and not with imposition, hence, this article is for the Director of Prisons to follow and not for the court. The court should impose the correct penalties even if these will amount to more than the lifetime of the prisoner.

CASE: Mejorada vs. Sandiganbayan (June 30, 1987) Article 70 is to be taken into account not in the imposition of the penalty but in connection with the service of the sentence imposed.

Imposition of penalty

Service of sentence

Determined by the nature, gravity and number of offenses charged and proved

Determined by the severity and character of the penalty or penalties imposed

The court does not concern itself with the possibility or practicality of the service of the sentence

Article on service of sentence is for the Director of Prisons to follow

Article 71. Graduated scales SCALE NO. 1

1. Death,2. Reclusion perpetua,3. Reclusion temporal,4. Prision mayor,5. Prision correccional,6. Arresto mayor,7. Destierro,8. Arresto menor,9. Public censure,10. Fine.

SCALE NO. 21. Perpetual absolute disqualification,2. Temporary absolute disqualification3. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling,4. Public censure,5. Fine.

Pp vs. Alfredo Bon (GR No. 166401, October 30, 2006)

Held: “Death” as utilized in Article 71 of the RPC shall no longer form part of the equation in the graduation of penalties.

Ex: Penalty for attempted qualified rape

- reckoned 2 degrees lower than reclusion perpetua

Scales of penalties under the RPC:

1. Article 25 – scale of penalties according to its gravity;

2. Article 70 – scale of penalties in accordance with its severity for purposes of applying the rule for service of multiple sentences;

3. Article 71 – graduated scale of penalties for purposes of applying the rules for graduation of penalties.

Article 72. Preference in the payment of the civil liabilities. - The civil liabilities of a person found guilty of two or more offenses shall be satisfied by following the chronological order of the dates of the final judgments rendered against him, beginning with the first in order of time.

Article 73. Presumption in regard to the imposition of accessory penalties. - Whenever the courts shall impose a penalty which, by provision of law, carries with it other penalties, according to the provisions of Articles 40, 41, 42, 43, 44, and 45 of this Code, it must be understood that the accessory penalties are also imposed upon the convict.

Article 74. Penalty higher than reclusion perpetua in certain cases. - In cases in which the law prescribes a penalty higher than another given penalty, without specifically designating the name of the former, if such higher penalty should be that of death, the same penalty and the accessory penalties of article 40, shall be considered as the next higher penalty.

Article 75. Increasing or reducing the penalty of fine by one or more degrees. - Whenever it may be necessary to increase or reduce the penalty of fine by one or more degrees, it shall be increased or reduced, respectively, for each degree, by one-fourth of the maximum amount prescribed by law, without, however, changing the minimum.The same rules shall be observed with regard to fines that do not consist of a fixed amount, but are made proportional.

Article 75. Example

Penalty of fine is from P200 to P2,000

1. Take ¼ of the maximum that is P500;

2. For each degree, take P500 from the maximum of the next higher degree.

- 1 degree lower: P200 as minimum to P1,500 as maximum;

- 2 degrees lower: P200 as minimum to P1,000 as maximum

Judgment becomes final when:

a. after the lapse of the period for perfecting an appeal;b. sentence has been partially or totally satisfied or served;c. accused has waived in writing his right to appeal;d. accused has applied for probation.

Article 78. When and how a penalty is to be executed. - No penalty shall be executed except by virtue of a final judgment.A penalty shall not be executed in any other form than that prescribed by law, nor with any other circumstances or incidents than those expressly authorized thereby.In addition to the provisions of the law, the special regulations prescribed for the government of the institutions in which the penalties are to be suffered shall be observed with regard to the character of the work to be performed, the time of its performance, and other incidents connected therewith, the relations of the convicts among themselves and other persons, the relief which they may receive, and their diet.The regulations shall make provision for the separation of the sexes in different institutions, or at least into different departments, and also for the correction and reform of the convicts.

Article 79. Suspension of the execution and service of the penalties in case of insanity

When a convict shall become insane or an imbecile after final sentence has been pronounced, the execution of said sentence shall be suspended only with regard to the personal penalty, the provisions of the second paragraph of circumstance number 1 of article 12 being observed in the corresponding cases.

If at any time the convict shall recover his reason, his sentence shall be executed, unless the penalty shall have prescribed in accordance with the provisions of this Code.

The respective provisions of this section shall also be observed if the insanity or imbecility occurs while the convict is serving his sentence.

Article 79. Suspension of the execution and

service of the penalties in case of insanity EFFECTS OF INSANITY

At the time of the commission of the crime

EXEMPTING CIRCUMSTANCE (Article 12 RPC)

After the commission of the crime but before arraignment

Suspension of the arraignment, upon motion of the accused (Sec. 11 Rule 116 of the Rules of Criminal Procedure)

During trial Suspension of proceedingsTest: whether the accused would have a fair trial

After finality of sentence or during the service thereof

Suspension of execution and service of penalties (limited to the personal penalties only)

Article 80. Suspension of sentence of minor delinquents

Repealed by the provisions of Chapter 3 of PD No. 603, as amended;

See also R.A. No. 9344 (Juvenile Justice and Welfare Law;

PD No. 603, as amended, defines a YOUTHFUL OFFENDER as one who is over 9 years but under 18 years of age at the time of the commission of the offense

PD 603, as amended

Article 192. Suspension of sentence of youthful offender – instead of pronouncing judgment, the court shall suspend all further proceedings and shall commit such minor to the custody or care of the DSWD, or to any government training institution, duly licensed agencies or any other responsible person, until he shall have reached 21 years of age, or for a shorter period as the court may deem proper;

Youthful offender should apply for a suspended sentence;

If the child at the time of trial or conviction is no longer a minor, he shall not entitled to a suspended sentence.

PD 603, as amended 2 courses of action of the court when the YO is returned after

reaching the age of majority1. To dismiss the case and order the final discharge of said

offender; or2. To pronounce the judgment of conviction. When the offender has reached 21, the court should dismiss

the case and discharge the offender if:1. He has behaved properly and has shown his capability to be a

useful member of the community; and2. The dismissal and discharge is recommended by the DSWD. Return of the YO to the court for pronouncement of judgment:1. Offender has been found incorrigible;2. Willfully failed to comply with the conditions of the rehabilitation

program;3. His continued stay in the training institution be inadvisable.

R.A. No. 9344 -- JUVENILE JUSTICE AND WELFARE LAW

“CHILD IN CONFLICT WITH THE LAW (CICL)” – refers to a child who alleged as, accused as, or adjudged as, having committed an offense under the Philippine law.

-- called a YOUTHFUL OFFENDER under Article 189 of PD No. 603

“Child” – person under 18 years of age

R.A. No. 9344

SEC. 35. Release on Recognizance. - Where a child is detained, the court shall order:

(a) the release of the minor on recognizance to his/her parents and other suitable person;

(b) the release of the child in conflict with the law on bail; or

(c) the transfer of the minor to a youth detention home/youth rehabilitation center.

The court shall not order the detention of a child in a jail pending trial or hearing of his/her case.

R.A. No. 9344 SEC. 38. Automatic Suspension of Sentence. - 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, the court shall determine and ascertain any civil liability which may have resulted from the offense committed. However, instead of pronouncing the judgment of conviction, the court shall place the child in conflict with the law under suspended sentence, without need of application: Provided, however, 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.Upon suspension of sentence and after considering the various circumstances of the child, the court shall impose the appropriate disposition measures as provided in the Supreme Court Rule on Juveniles in Conflict with the Law.

R.A. No. 9344 SEC. 39. Discharge of the Child in Conflict with the Law. - Upon the

recommendation of the social worker who has custody of the child, the court shall dismiss the case against the child whose sentence has been suspended and against whom disposition measures have been issued, and shall order the final discharge of the child if it finds that the objective of the disposition measures have been fulfilled.The discharge of the child in conflict with the law shall not affect the civil liability resulting from the commission of the offense, which shall be enforced in accordance with law.

SEC. 40. Return of the Child in Conflict with the Law to Court. - If the court finds that the objective of the disposition measures imposed upon the child in conflict with the law have not been fulfilled, or if the child in conflict with the law has willfully failed to comply with the conditions of his/her disposition or rehabilitation program, the child in conflict with the law shall be brought before the court for execution of judgment.If said child in conflict with the law has reached eighteen (18) years of age while under suspended sentence, the court shall determine whether to discharge the child in accordance with this Act, to order execution of sentence, or to extend the suspended sentence for a certain specified period or until the child reaches the maximum age of twenty-one (21) years.

PD 603 RA No. 9344

Article 191 – repealed by Sec. 35 (Release on Recognizance) – Court shall not order the detention of the child in a jail pending trial or hearing of his/her case.

Sec. 35 Child detained:a. release on recognizance parents of the minor and other suitable persons (discretionary;)b. release on bail;c. transfer of the minor to a youth detention home/youth rehab. Center

Article 192 – repealed by Sec. 38

Sec. 38 – Automatic Suspension of Sentence, without need of application


Sec. 39 – Discharge of the CICL – final discharge if the court finds that the object of the disposition measures have been fulfilled.


Sec. 40 – Return of the CICL

PD 603 RA No. 9344Sentence of juvenile offender will not be suspended without application for suspension of sentence

Automatic suspension of sentence, without need of application

If at the time the crime was committed, accused was below 18 years but at the time of the trial or conviction he was no longer a minor, he is not entitled anymore to a suspended sentence but offender’s minority shall be appreciated as privileged mitigating

Suspension of sentence shall still be applied even if the juvenile delinquent is already 18 years or more at the time of the pronouncement of his guilt

Suspension of sentence cannot be availed of by a YO who has once enjoyed suspension of sentence or to one who is convicted of an offense punishable by death or life imprisonment or to one who is convicted for an offense by military tribunals

No provision disqualifying child from the benefit of the rule on suspension of sentence

Case: Rennie Declarador vs. Hon. Salvador S. Gubaton (G.R. No. 159208, August 18, 2006)

Held: (Read Article 192 of PD 603 and correlate with Section 32 of AM No. 02-1-18-SC and Section 38 of RA No. 9344) Thus, it is clear that a person who is convicted of an offense punishable by death, life imprisonment, or reclusion perpetua is disqualified from availing the benefits of a suspended sentence. “Punishable” is defined as “deserving of, or capable, or liable for punishment; liable to be punished; may be punished; liable to punishment.” The term refers to the possible, not to the actual sentence. It is concerned with the penalty which may be, and not which is imposed. Xxx The law (Section 38 of RA No. 9344) merely amended Article 192 of PD No. 603, as amended by AM No. 02-1-18-SC, in that the suspension of sentence shall be enjoyed by the juvenile even if he is already 18 years of age or more at the time of the pronouncement of his/her guilt. The other disqualifications in Article 192 of PD No. 603, as amended, and Section 32 of AM have not been deleted from Section 38 of RA no. 9344. Evidently, the intention of Congress was to maintain the other disqualifications as provided in Article 192 of PD 603, and amended and Section 32 of AM. Hence, juveniles who have been convicted of a crime the imposable penalty for which is reclusion perpetua, life imprisonment or reclusion perpetua to death or death, are disqualified from having their sentences suspended.

Read Articles 81 to 85 – See R.A. No. 9346

Article 86. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor. - The penalties of reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor, shall be executed and served in the places and penal establishments provided by the Administrative Code in force or which may be provided by law in the future.

Destierro

entering the specified place would give rise to liability for Evasion of Service of Sentence under Art. 157;

Nonetheless, a deprivation of liberty; Penalty:

a. for concubine in concubinage (Art. 334);b. additional penalty for the crime of threat when the offender failed to give bond for good behavior (Art. 284);c. when the imposable graduated penalty is destierro (Art. 71);d. death under exceptional circumstances (Art. 247).

CASE: Pp vs. Abarca (GR No. 74433, September 14, 1987): Destierro penalty is mere banishment and is intended more for the protection of the accused than a punishment.

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