CRIMINAL LAW
THE REVISED PENAL CODE
Criminal Law – that branch or division of law which defines
crimes, treats of their nature, and provides for their punishment
Crime – an act committed or omitted in violation of a public law
forbidding or commanding it
Sources of Philippine Criminal Law
1. The Revised Penal Code and its amendments;
2. Special Penal Laws passed by the Philippine
Commission, Philippine Assembly, Philippine
Legislature, National Assembly, the Congress of the
Philippines, and the Batasang Pambansa;
3. Penal Presidential Decrees issued during Martial Law.
Common law crimes – the body of principles, usages and rules
of action, which do not rest for their authority upon any express
and positive declaration of the will of the legislature; these are
recognized in the US and England
 Common law crimes are not recognized in the Philippines.
Unless there be a particular provision in the penal code or
special penal law that defines and punishes the act, even
if it be socially or morally wrong, no criminal liability is
incurred by its commission. (U.S. v. Taylor, 28 Phil. 599,
604)
Limitations on the power of the lawmaking body to enact penal
legislation:
1. No ex post facto law or bill of attainder shall be
enacted;
2. No person shall be held to answer for a criminal
offense without due process of law.
Ex post facto law is one which:
1. Makes criminal an act done before the passage of the
law and which was innocent when done, and
punishes such an act;
2. Aggravates a crime, or makes it greater than it was,
when committed;
3. Changes the punishment and inflicts a greater
punishment than the law annexed to the crime when
committed;
4. Alters the legal rules of evidence, and authorizes
conviction upon less or different testimony than the
law required at the time of the commission of the
offense;
5. Assumes to regulate civil rights and remedies only, in
effect imposes penalty or deprivation of a right for
something which when done was lawful; and
6. Deprives a person accused of a crime some lawful
protection to which he has become entitled, such as
the protection of a former conviction or acquittal, or a
proclamation of amnesty.
Bill of attainder – a legislative act which inflicts punishment
without trial
Characteristics of criminal law:
1. General – criminal law is binding on all persons who
live or sojourn in Philippine territory
 No foreigner enjoys in this country extra-territorial right to
be exempted from its laws and jurisdiction, with the
exception of heads of states and diplomatic
representatives who, by virtue of the customary law of
nations, are not subject to the Philippine territorial
jurisdiction. (People v. Galacgac)
 The jurisdiction of the civil tribunals is unaffected by the
military or other special character of the person brought
before them for trial, unless controlled by express
legislation to the country. (U.S. v. Sweet, 1 Phil. 18)
 The civil courts have concurrent jurisdiction with the
military courts or general courts-martial over soldiers of
the Armed Forces of the Philippines. Even in times of war,
the civil courts have concurrent jurisdiction with the military
courts of general courts-martial over soldiers of the
Philippine Army, provided that in the place of the
commission of the crime no hostilities are in progress and
civil courts are functioning. (Valdez v. Lucero, 76 Phil.
356)
 A court-martial is a court, and the prosecution of an
accused before it is a criminal, not an administrative case,
and therefore it would be, under certain conditions, a bar
to another prosecution of the accused for the same
offense, because the latter would place the accused in
double jeopardy. (Marcos and Concordia v. Chief of Staff,
AFP, 89 Phil. 246)
 Offenders accused of war crimes are subject to the
jurisdiction of the military commission. (Cantos v. Styer, 76
Phil. 748)
 It is well-settled that a consul is not entitled to the
privileges and immunities of an ambassador or minister,
but is subject to the laws and regulations of the country to
which he is accredited. (Schneckenburger v. Moran, 63
Phil. 250) [Kailangan pag treaty]
2. Territorial – criminal laws undertake to punish crimes
committed within Philippine territory
Principle of territoriality – penal laws of the Philippines are
enforceable only within its territory
3. Prospective – a penal law cannot make an act
punishable in a manner in which it was not punishable
when committed
 Whenever a new statute dealing with a crime establishes
conditions more lenient or favourable to the accused, it
can be given a retroactive effect. The following is the
exceptions to this exception:
 o Where the new law is expressly made
inapplicable to pending actions or existing causes
of action. (Tavera v. Valdez, 1 Phil. 463)
o Where the offender is a habitual criminal under
Rule 5, Article 62, Revised Penal Code.
 The court loses jurisdiction where the repealing law wholly
fails to penalize the act defined and penalized as an
offense in the old law. The accused, charged with
violations of the old law prior to the repeal, cannot be
legally prosecuted after such repeal. (People v. Sindiong
and Pastor, 77 Phil. 1000)
 Penal laws are strictly construed against the Government
and liberally in favour of the accused. (U.S. v. Abad
Santos, 36 Phil. 243)
 In the construction or interpretation of the provisions of the
RPC, the Spanish text is controlling, because it was
approved by the Philippine Legislature in its Spanish text.
(People v. Manaba, 58 Phil. 665)
 No person should be brought within the terms of criminal
statutes who is not clearly within them, nor should any act
be pronounced criminal which is not clearly made so by
the statute. (U.S. v. Abad Santos, 36 Phil. 243)
AN ACT REVISING THE PENAL CODE AND OTHER PENAL
LAWS
Preliminary Article - This law shall be known as "The Revised
Penal Code."
BOOK ONE
GENERAL PROVISIONS REGARDING THE DATE OF
ENFORCEMENT AND APPLICATION OF THE PROVISIONS
OF THIS CODE, AND REGARDING THE OFFENSES, THE
PERSONS LIABLE AND THE PENALTIES
Preliminary Title
DATE OF EFFECTIVENESS AND APPLICATION OF THE
PROVISIONS OF THIS CODE
Article 1. Time when Act takes effect. - This Code shall
take effect on the first day of January, nineteen hundred
and thirty-two.
Theories in criminal law:
1. The classical theory – the basis of criminal liability is
free will and the purpose of penalty is retribution
2. The positivist theory – crime is essentially a social
and natural phenomenon
3. Eclectic Theory – based on the combination of
classical and Positivist theory
Article 2. Application of its provisions. - Except as
provided in the treaties and laws of preferential
application, the provisions of this Code shall be enforced
not only within the Philippine Archipelago, including its
atmosphere, its interior waters and maritime zone, but
also outside of its jurisdiction, against those who:
1. Should commit an offense while on a Philippine
ship or airship;
 Any person who committed a crime on board a Philippine
ship or airship while the same is outside of the Philippine
territory can be tried before Philippine civil courts for
violation of the Penal Code.
 When the Philippine vessel or aircraft is in the territory of a
foreign country, the crime committed on said vessel or
aircraft is subject to the laws of that foreign country.
 It is the registration of the vessel or aircraft in accordance
with the laws of the Philippines, not the citizenship of its
owner, which makes it a Philippine ship or 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 One of Book Two of this Code.
 The crimes committed outside of the Philippines but
punishable therein under Article 2 of the Revised Penal
Code shall be cognizable by the Regional Trial Court in
which the charge is first filed.
 Just as our merchant ship is an extension of our territory,
foreign merchant ship is considered an extension of the
territory of the country to which it belongs. For this reason,
an offense committed on the high seas on board of a
foreign merchant vessel is not triable by our courts. (U.S.
v. Fowler, 1 Phil. 614)
Two rules as to jurisdiction over crimes committed aboard
merchant vessels while in the territorial waters of another
country:
1. French Rule – such crimes are not triable in the
courts of that country, unless their commission affects
the peace and security of the territory or the safety of
the state is endangered;
2. English Rule – such crimes are triable in that country,
unless they merely affect things within the vessel or
they refer to the internal management thereof.
 Warships are always reputed to be territory of the country
to which they belong and cannot be subjected to the laws
of another state. A United States Army transport is
considered a warship. (U.S. v. Fowler, 1 Phil. 614)
Title One
FELONIES AND CIRCUMSTANCES WHICH
AFFECT CRIMINAL LIABILITY
Chapter One
FELONIES
Article 3. Definitions. - Acts and omissions punishable by
law (RPC) are felonies (delitos).
Felonies are committed not only be means of deceit (dolo)
but also by means of fault (culpa).
There is deceit when the act is performed with deliberate
intent and there is fault when the wrongful act results from
imprudence, negligence, lack of foresight, or lack of skill.
Elements of felonies:
1. That there must be an act or omission;
2. That the act or omission must be punishable by the
Revised Penal Code;
3. That the act is performed or the omission incurred by
means of dolo or culpa.
Act – any bodily movement tending to produce some effect in
the external, it being unnecessary that the same be actually
produced, as the possibility of its production is sufficient
(People v. Gonzales, G.R. No. 80762)
Omission – inaction, the failure to perform a positive duty
which one is bound to do
 It will be noted that in felonies by omission, there is a law
requiring a certain act to be performed and the person
required to do the act fails to perform it.
 Mere passive presence at the scene of another’s crime,
mere silence and failure to give alarm, without evidence of
agreement or conspiracy, is not punishable. (People v.
Silvestre and Atienza, 56 Phil. 353)
 Acts executed negligently are voluntary, although done
without malice or criminal design. (People v. Lopez, 44
O.G. 584)
Requisites of dolo or malice:
1. He must have freedom while doing an act or omitting
to do an act;
2. He must have intelligence while doing the act or
omitting to do an act;
3. He must have intent while doing the act or omitting to
do the act.
 Intent is a mental state, the existence of which is shown by
the overt acts of a person. (Soriano v. People, 88 Phil.
368)
 Criminal intent and the will to commit a crime are always
presumed to exist on the part of the person who executes
an act which the law punishes, unless the contrary shall
appear. (U.S. v. Apostol, 14 Phil. 92, 93)
 It is true that a presumption of criminal intent may arise
from proof of the commission of a criminal act; and the
general rule is that if it is proved that the accused
committed the criminal act charged, it will be presumed
that the act was done with criminal intention and that is for
the accused to rebut this presumption. But it must be
borne in mid that the act from which such presumption
springs must be a criminal act.
Mistake of fact – a misapprehension of fact on the part of the
person who caused injury to another
Requisites of mistake of fact as a defense:
1. That the act done would have been lawful had the
facts been as the accused believed them to be;
2. That the intention of the accused in performing the act
should be lawful; and
3. That the mistake must be without fault or
carelessness on the part of the accused.
Requisites of fault or culpa:
1. He must have freedom while doing an act or omitting
to do an act;
2. He must have intelligence while doing the act or
omitting to the act;
3. He is imprudent, negligent or lacks foresight or skill
while doing the act or omitting to do the act.
 Intent to commit the crime and intent to perpetrate the act
must be distinguished. A person may not have consciously
intended to commit a crime, but he did intend to commit an
act, and that act is, by the very nature of things, the crime
itself. (U.S. v. Go Chico, 14 Phil. 128)
 The rule is that in acts mala in se, there must be a criminal
intent; but in those mala prohibita, it is sufficient if the
prohibited act was intentionally done.
 If the offense is malum prohibitum punished by special
law, good faith and absence of criminal intent are not valid
defenses. (People v. Orquijo, 60 O.G. 836)
Distinctions between mala in se and mala prohibita:
1. Crimes mala in se are those so serious in their effects
on society as to call for almost unanimous
condemnation of its members; while crimes mala
prohibita are violations of mere rules of convenience
designed to secure a more orderly regulation of the
affairs of society.
2. In mala in se, the intent governs; but in those mala
prohibita, the only inquiry is, has the law been
violated?
3. The term mala in se refers generally to felonies
defined and penalized by the Revised Penal Code;
while the term mala prohibita refers generally to acts
made criminal by special laws.
Motive – the moving power which impels one to action for a
definite result
Intent – the purpose to use a particular means to effect such
result
 Motive is not an essential element of a crime, and, hence,
need not be proved for purposes of conviction. (People v.
Aposaga, G.R. No. L-32477)
 Where the identity of a person accused of having
committed a crime is in dispute, the motive that may have
impelled its commission is very relevant. (People v.
Murray, 105 Phil. 591)
When motive is relevant:
1. Where the identity of the a person accused of having
committed a crime is in dispute;
2. There is doubt as to the identity of the assailant;
3. Were the identification of the accused proceeds from
an unreliable source and the testimony is inconclusive
and not free from doubt;
4. Where there are no eyewitnesses to the crime, and
where suspicion is likely to fall upon a number of
persons;
5. If the evidence is merely circumstantial.
 Generally, the motive is established by the testimony of
witnesses on the acts or statements of the accused before
or immediately after the commission of the offense. such
deeds or words may indicate the motive. (Barrioquinto v.
Fernandez, 82 Phil. 642)
 The existence of a motive, though perhaps an important
consideration, is not sufficient proof of guilt if there is no
reliable evidence from which it may be reasonably
deduced that the accused was the malefactor. (People v.
Marcos, 70 Phil. 468)
Article 4. Criminal liability. - 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. Rationale: He who is the
cause of the cause is the cause of the evil caused.
 One is not relieved from criminal liability for the natural
consequences of one’s illegal acts, merely because one
does not intend to produce such consequences. (U.S. v.
Brobst, 14 Phil. 310)
Requisites:
1. That an intentional felony has been committed; and
2. That the wrong done to the aggrieved party be the
direct, natural and logical consequence of the felony
committed by the offender.
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 an account of the employment
of inadequate or ineffectual means. (Impossible
Crimes)
Requisites:
1. That the act performed would be an offense against
persons or property;
2. That the act was done with evil intent;
3. That its accomplishment is inherently impossible, or
that the means employed is either inadequate or
ineffectual;
4. That the act performed should not constitute a
violation of another provision of the Revised Penal
Code.
 If the act performed would be an offense other than a
felony against persons or against property, there is no
impossible crime.
Article 5. Duty of the court in connection with acts which
should be repressed but which are not covered by the law,
and in cases of excessive penalties. - Whenever a court
has knowledge of any act which it may deem proper to
repress and which is not punishable by law, it shall render
the proper decision, and shall report to the Chief
Executive, through the Department of Justice, the reasons
which induce the court to believe that said act should be
made the subject of legislation.
In the same way, the court shall submit to the Chief
Executive, through the Department of Justice, such
statement as may be deemed proper, without suspending
the execution of the sentence, when a strict enforcement
of the provisions of this Code would result in the
imposition of a clearly excessive penalty, taking into
consideration the degree of malice and the injury caused
by the offense.
 The second paragraph of Article 5 of the RPC has no
application to the offense defined and penalized by a
special law. (People v. Salazar, 102 Phil. 1184)
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; and it
is frustrated when the offender performs all the acts of
execution which would produce the felony as a
consequence but which, nevertheless, do not produce it
by reason of causes independent of the will of the
perpetrator.
There is an attempt when the offender commences the
commission of a felony directly or over acts, and does not
perform all the acts of execution which should produce
the felony by reason of some cause or accident other than
his own spontaneous desistance.
Overt act – some physical activity or deed, indicating the
intention to commit a particular crime, more than a mere
planning or preparation, which if carried to its complete
termination following its natural course, without being frustrated
by external obstacles nor by the voluntary desistance of the
perpetrator, will logically and necessarily ripen into a concrete
offense
Indeterminate offense – one where the purpose of the offender
in performing an act is not certain
Subjective phase – that portion of the acts constituting the
crime, starting from the point where the offender begins the
commission of the crime to that point where he has still control
over his acts, including their (acts’) natural course
Frustrated felony distinguished from attempted felony:
1. While in frustrated felony, the offender has performed
all the acts of execution which would produce the
felony as a consequence, in attempted felony, the
offender merely commences the commission of a
felony directly by overt acts and does not perform all
the acts of execution.
2. In frustrated felony, the offender has reached the
objective phase; in attempted felony, the offender has
not passed the subjective phase.
3. In frustrated felony, there is no intervention of a
foreign or extraneous cause or agency between the
beginning of the consummation of the crime and the
moment when all of the acts have been performed
which should result in the consummated crime; while
in attempted felony, there is such intervention and the
offender does not arrive at the point of performing all
of the acts which should produce the crime.
Attempted or frustrated felony distinguished from impossible
crime:
1. While in impossible crime, the evil intent of the
offender cannot be accomplished, in attempted or
frustrated felony, the evil intent of the offender is
possible of accomplishment.
2. In impossible crime, the evil intent of the offender
cannot be accomplished because it is inherently
impossible of accomplishment or because the means
employed by the offender is inadequate or ineffectual;
in attempted or frustrated felony, what prevented its
accomplishment is the intervention of certain cause or
accident in which the offender had no part.
3. In impossible crime, the offender has already
performed all acts of execution; while in attempted
felony, the offender has not performed all acts of
execution which would produce the felony as a
consequence.
4. In impossible crime, the acts performed by the
offender are considered as constituting a
consummated offense; while in frustrated felony, the
offense has not been consummated.
 The Supreme Court has held that under Article 308 of the
RPC, theft cannot have a frustrated stage. Theft can only
be attempted or consummated. (Valenzuela v. People,
G.R. No. 160188)
Manner of committing the crime:
1. Formal crimes – consummated in one instant, no
attempt (e.g., slander, false testimony)
2. Crimes consummated by mere attempt or proposal or
by overt act (e.g., flight to enemy’s country, corruption
of minors)
3. Felony by omission – no attempt
4. Crimes requiring the intervention of two persons to
commit them are consummated by mere agreement
(e.g., betting in sport contests, corruption of public
officer)
5. Material crimes – there are three stages of execution
 There is no attempted or frustrated impossible crime.
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 punished by the Revised Penal Code:
1. Slight physical injuries (Art. 266);
2. Theft (Art. 309, pars. 7 and 8);
3. Alteration of boundary marks (Art. 313);
4. Malicious mischief (Art. 328, par. 3; Art. 329, par. 3);
5. Intriguing against honor (Art. 364).
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.
GENERAL RULE: Conspiracy and proposal to commit felony
are not punishable.
EXCEPTION: They are punishable only in the cases in which
the law specially provides a penalty therefor. (e.g., treason,
rebellion, sedition)
 When the conspiracy relates to a crime actually
committed, it is not a felony but only a manner or incurring
criminal liability, that is, when there is conspiracy, the act
of one is the act of all.
 When conspiracy is only a manner of incurring criminal
liability, it is not punishable as a separate offense.
 When the defendants by their acts aimed at the same
object, one performing one part and the other performing
another part so as to complete it, with a view to the
attainment of the same object, and their acts, though
apparently independent, were in fact concerted and
cooperative, indicating closeness of personal association,
concerted action and concurrence of sentiments, the court
will be justified in concluding that said defendants were
engaged in a conspiracy. (People v. Geronimo, G.R. No.
L-35700)
Requisites of conspiracy (as a crime):
1. That two or more persons came to an agreement;
2. That the agreement concerned the commission of a
felony; and
3. That the execution of the felony be decided upon.
 Direct proof is not essential to establish conspiracy, and
may be inferred from the collective acts of the accused
before, during and after the commission of the crime.
Conspiracy can be presumed from and proven by acts of
the accused themselves when the said acts point to a joint
purpose and design, concerted action and community of
interests. It is not necessary to show that all the
conspirators actually hit and killed the victim. (People v.
Buntag, G.R. No. 123070)
 Similar to the physical act constituting the crime itself, the
elements of conspiracy must be proven beyond
reasonable doubt. (People v. Samudio, 353 SCRA 746)
Requisites of proposal:
1. That a person has decided to commit a felony; and
2. That he proposes its execution to some other person
or persons.
 One who offers money to a public officer to induce him not
to perform his duties, but the offer is rejected by the public
officer, is liable for attempted bribery. (U.S. v. Gloria, 4
Phil. 341) [the proposal in this case is an overt act of the
crime of corruption of public officer]
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 Art. 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 a penalty of arresto menor or a fine
not exceeding 200 pesos or both; is provided.
Article 10. Offenses not subject to the provisions of this
Code. - Offenses which are or in the future may be
punishable under special laws are not subject to the
provisions of this Code. This Code shall be supplementary
to such laws, unless the latter should specially provide the
contrary.
Chapter Two
JUSTIFYING CIRCUMSTANCES AND
CIRCUMSTANCES WHICH EXEMPT FROM
CRIMINAL LIABILITY
Circumstances affecting criminal liability:
1. Justifying circumstances; - those where the act of a
person is said to be in accordance with law, so that
such person is deemed not to have transgressed the
law and is free from both criminal and civil liability
2. Exempting circumstances, and other absolutory
causes;
3. Mitigating circumstances;
4. Aggravating circumstances;
5. Alternative circumstances.
Imputability – the quality by which an act may be ascribed to a
person as its author or owner
Responsibility – the obligation of suffering the consequences of
crime
Imputability distinguished from responsibility:
While imputability implies that a deed may be imputed
to a person, responsibility implies that the person must take tje
consequence of such a deed. (Albert)
Guilt – an element of responsibility, for a man cannot be made
to answer for the consequence of a crime unless he is guilty
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.
 Mere belief of an impending attack is not sufficient. Neither
is an intimidating or threatening attitude. Even a mere
push or shove not followed by other acts placing in real
peril the life or personal safety of the accused is not
unlawful aggression. (People v. Bautista, 254 SCRA 621)
 To constitute unlawful aggression, it is necessary that an
attack or material aggression, an offensive act positively
determining the intent of the aggressor to cause an injury
shall have been made. (People v. Macaso, 64 SCRA 659)
Distinction between retaliation and self-defense:
In retaliation, the aggression that was begun by the
injured party already ceased to exist when the accused
attacked him. In self-defense, the aggression still existed when
the aggressor was injured or disabled by the person making a
defense.
 When unlawful aggression ceases, the defender no longer
has the right to kill or even wound the former aggressor.
Retaliation is not a justifying circumstance.
 In order to justify homicide on the ground of self-defense,
it is essential that the killing of the deceased by the
defendant be simultaneous with the attack made by the
deceased, or at least both acts succeeded each other
without appreciable interval of time. (U.S. v. Ferrer, 1 Phil.
56)
 Where the fight is agreed upon, each of the protagonist is
at once assailant and assaulted, and neither can invoke
the right of self-defense, because aggression which is an
incident in the fight is bound to arise from one or the other
combatants. (People v. Quinto, 55 Phil. 116)
 Defense of property can be invoked as a justifying
circumstance only when it is coupled with an attack on the
person of one entrusted with said property. (People v.
Apolonar, 38 O.G. 2870)
 The person attacked is not duty-bound to expose himself
to be wounded or killed, and while the danger to his
person or life subsists, he has a perfect and indisputable
right to repel such danger by wounding his adversary and,
if necessary, to disable him completely so that he may not
continue the assault. (U.S. v. Molina, 19 Phil. 227)
Test of reasonableness of the means used:
1. The nature and quality of the weapons;
2. Physical condition, character and size;
3. Other circumstances;
4. The place and occasion of the assault.
 The requisite of reasonable necessity of the means
employed to prevent or repel the unlawful aggression
should in these times of danger be interpreted liberally in
favor of the law-abiding citizens. (People v. So, 5 CAR [2s]
671)
 The exercise of a right cannot give rise to sufficient
provocation.
 The provocation must be sufficient, which means that it
should be proportionate to the act of aggression and
adequate to stir the aggressor to its commission. (People
v. Alconga, 78 Phil. 366)
Battered woman syndrome – a form of self defense or, at the
least, incomplete self-defense
 In order to be classified as a battered woman, the couple
must go through the battering cycle at least twice.
Phases of the cycle of violence characterizing the battered
woman syndrome:
1. The tension-building phase;
2. The acute battering incident; and
3. The tranquil, loving (or, at least, nonviolent) phase.
 Flight after the commission of the crime is highly
evidentiary of guilt, and incompatible with self-defense.
(People v. Maranan, G.R. No. L-47228-32)
2. Anyone who acts in defense of the person or
rights of his spouse, ascendants, descendants, or
legitimate, natural or adopted brothers or sisters,
or his relatives by affinity in the same degrees
and those 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 revocation was given by the
person attacked, that the one making defense had
no part therein.
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.
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; (there is civil liability under this paragraph
borne by the persons benefited)
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.
5. Any person who acts in the fulfillment of a duty
or in the lawful exercise of a right or office.
Requisites:
1. That the accused acted in the performance of a duty
or in the lawful exercise of a right or office;
2. That the injury caused or the offense committed be
the necessary consequence of the due performance
of duty or the lawful exercise of such right or office.
6. Any person who acts in obedience to an order
issued by a superior for some lawful purpose.
Requisites:
1. That an order has been issued by a superior;
2. That such order must be for some lawful purpose;
3. That the means used by the subordinate to carry out
said order is lawful.
 Both the person who gives the order and the person who
executes it, must be acting within the limitations
prescribed by law. (People v. Wilson and Dolores, 52 Phil.
919)
 When the accused acted upon orders of superior officers,
which he, as military subordinate, could not question, and
obeyed the orders in good faith, without being aware of
their illegality, without any fault or negligence on his part,
he is not liable because he had no criminal intent and he
was not negligent. (People v. Beronilla, 96 Phil. 566)
 The circumstances mentioned in Article 11 are matters of
defense and it is incumbent upon the accused, in order to
avoid criminal liability, to prove the justifying circumstance
claimed by him to the satisfaction of the court.
 Well-entrenched is the rule that where the accused
invokes self-defense, it is incumbent upon him to prove by
clear and convincing evidence that he indeed acted in
defense of himself. He must rely on the strength of his
own evidence and not in the weakness of the prosecution.
For, even if the prosecution evidence is weak, it could not
be disbelieved after the accused himself had admitted the
killing. (People v. Sazon, G.R. No. 89684)
Unlawful aggression – refers to an attack that has actually
broken out or materialized or at the very least is clearly
imminent; it cannot consist in oral threats or a merely
threatening stance or posture
Exempting circumstances (non-imputability) – those grounds
for exemption from punishment because there is wanting in the
agent of the crime any of the conditions which make the act
voluntary or nigligent
Article 12. Circumstances which exempt from criminal
liability. - the following are exempt from criminal liability:
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.
 An imbecile within the meaning of Article 12 is one who is
deprived completely of reason or discernment and
freedom of the will at the time of committing the crime.
(People v. Ambal, 100 SCRA 325)
 Insanity exists when there is complete deprivation of
intelligence in committing the act, that is, the accused is
deprived of reason, he acts without the least discernment,
because there is a complete absence of the power to
discern, or that there is a total deprivation of freedom of
the will. (People v. Puno, G.R. No. L-33211)
 Sanity being the normal condition of the human mind, the
prosecution may proceed upon the presumption that the
accused was sane and responsible when the act was
committed. The presumption is always in favor of sanity
and the burden of proof of insanity is on the defense.
(People v. Aquino, G.R. No. 87084)
 Circumstantial evidence, if clear and convincing, will
suffice to prove insanity. (People v. Bonoan, 64 Phil. 93)
 The evidence of insanity must refer to the time preceding
the act under prosecution or to the very moment of its
execution. If the evidence points to insanity subsequent to
the commission of the crime, the accused cannot be
acquitted. He is presumed to be sane when he committed
it. (U.S. v. Guevara, 27 Phil. 547, 550)
 A person who has been adjudged insane, or who has
been committed to a hospital or to an asylum for the
insane, is presumed to continue to be insane. (People v.
Bonoan, 64 Phil. 87)
 Dementia praecox is covered by the term insanity.
2. A person under nine years of age.
3. A person over nine years of age and under
fifteen, unless he has acted with discernment, in
which case, such minor shall be proceeded
against in accordance with the provisions of Art.
80 of this Code. (Impliedly repealed by RA No. 9344)
Section 6. Minimum Age of Criminal Responsibility. – A child
fifteen (15) years of age or under at the time of the commission
of the offense shall be exempt from criminal liability. However,
the child shall be subject to an intervention program pursuant
to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years
of age shall likewise be exempt from criminal liability and be
subjected to an intervention program, unless he/she has acted
with discernment, in which case, such child shall be subject to
the appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established does
not include exemption from civil liability, which shall be
enforced in accordance with existing laws.
Child in conflict with the law – 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
Discernment – 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
When such minor is adjudged to be criminally
irresponsible, the court, in conformably with the
provisions of this and the preceding paragraph,
shall commit him to the care and custody of his
family who shall be charged with his surveillance
and education otherwise, he shall be committed
to the care of some institution or person
mentioned in said Art. 80.
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.
Accident – something that happens outside the sway of our
will, and although it comes about through some act of our will,
lies beyond the bounds of humanly foreseeable consequences
5. Any person who act under the compulsion of
irresistible force.
Elements:
1. That the compulsion is by means of physical force;
2. That the physical force must be irresistible;
3. That the physical force must come from a third
person.
 The pretension of an accused that he was threatened with
a gun by his friend, the mastermind, is not credible where
he himself was armed with a rifle. (People v. Sarip, 88
SCRA 666, 673-674)
 The force must be irresistible to reduce the actor to a mere
instrument who acts not only without will but against his
will. The duress, force, fear or intimidation must be
present, imminent and impending and of such a nature as
to induce a well-grounded apprehension of death or
serious bodily harm if the act is not done. The threat of
future injury is not enough. The compulsion must be of
 such a character as to leave no opportunity to the accused
for escape or self-defense in equal combat. (People v.
Loreno, 130 SCRA 311, 321-322)
6. Any person who acts under the impulse of an
uncontrollable fear of an equal or greater injury.
Elements:
1. That the threat which causes the fear is of an evil
greater that or at least equal to, that which he is
required to commit;
2. That it promises an evil of such gravity and
imminence that the ordinary man would have
succumbed.
Distinction between irresistible force and uncontrollable fear:
In irresistible force, the offender uses violence or
physical force to compel another person to commit a crime, in
uncontrollable fear, the offender employs intimidation or threat
in compelling another to commit a crime.
7. Any person who fails to perform an act required
by law, when prevented by some lawful
insuperable cause.
 Any of the circumstances mentioned in Article 12 is a
matter of defense and the same must be proved by the
defendant to the satisfaction of the court.
Distinction between justifying and exempting circumstances:
1. A person who acts by virtue of a justifying
circumstance does not transgress the law, that is, he
does not commit any crime in the eyes of the law,
because there is nothing unlawful in the act as well as
in the intention of the actor. The act of such person is
in itself both just and lawful.
In justifying circumstances, there is neither a crime
nor a criminal. No civil liability, except par. 4.
2. In exempting circumstances, there is a crime but no
criminal liability. The act is not justified, but the actor
is not criminally liable. There is civil liability, except in
pars. 4 and 7 of Art. 12.
Absolutory causes – those where the act committed is a crime
but for reasons of public policy and sentiment there is no
penalty imposed (Arts. 6, 7, 20, 19 [1], 124 [last par.], 247 [1 &
2], 280 [3], 332, and 344 [4])
 Instigation is an absolutory cause. (U.S. v. Phelps, 16 Phil.
440)
 Entrapment is not an absolutory cause. (People v. Lua
Chua and Uy Se Tieng, 56 Phil. 44)
Entrapment and instigation distinguished:
1. In entrapment, the entrapper resorts to way and
means to trap and capture a lawbreaker while
executing his criminal plan; while in instigation, the
instigator practically induces the would-be accused
into committing the offense, and himself become a co-
principal.
2. In entrapment, the means originates from the mind of
the criminal, and the idea and the resolve to commit
the crime come from him; while in instigation, the
enforcer conceives the commission of the crime and
suggests to the accused who adopts the idea and
carries it into execution.
3. Entrapment is no bar to the prosecution and
conviction of the lawbreaker; while when there is
instigation, the accused must be acquitted.
 Instigation must be made by public officers or private
detectives. If the one who made the instigation is a private
individual, not performing public function, both he and the
one induced are criminally liable for the crime committed:
the former, as principal by induction; and the latter, as
principal by direct participation.
Complete defenses in criminal cases:
1. Any of the essential element of the crime charged is
not proved by the prosecution and the elements prove
do not constitute any crime.
2. The act of the accused falls under any of the justifying
circumstances. (Art. 11)
3. The case of the accused falls under any of the
exempting circumstances. (Art. 12)
4. The case is covered by any of the absolutory causes:
a. Spontaneous desistance during attempted
stage (Art. 6), and no crime under another
provision of the code or other penal law is
committed.
b. Light felony is only attempted or frustrated,
and is not against persons or property. (Art.
7)
c. The accessory is a relative of the principal.
(Art. 20)
d. Legal grounds for arbitrary detention. (Art.
124)
e. Legal grounds for trespass. (Art. 280)
f. The crime of theft, swindling or malicious
mischief is committed against a relative. (Art.
332)
g. When only slight or less serious physical
injuries are inflicted by the person who
surprised his spouse or daughter in the act
of sexual intercourse with another person.
(Art. 247)
h. Marriage of the offender with the offended
party when the crime committed is rape,
abduction, seduction, or act of
lasciviousness. (Art. 344)
i. Instigation.
5. Guilt of the accused not established beyond
reasonable doubt.
6. Prescription of crimes. (Art. 89)
7. Pardon by the offended party before the institution of
criminal action in crime against chastity. (Art. 344)
Mitigating circumstances – those which, if present in the
commission of the crime, do not entirely free the actor from
criminal liability, but serve only to reduce the penalty
Classes of mitigating circumstances:
1. Ordinary mitigating (Art. 13)
2. Privileged mitigating
Distinctions between ordinary mitigating and privileged
mitigating:
1. Ordinary mitigating is susceptible of being offset by
any aggravating circumstance; while privileged
mitigating cannot be offset by aggravating
circumstance.
2. Ordinary mitigating, if not offset by an aggravating
circumstance, produces only the effect of applying the
penalty provided by law for the crime in its minimum
 period, in case of divisible penalty; whereas,
privileged mitigating produces the effect of imposing
upon the offender the penalty lower by one or two
degrees than that provided by law for the crime.
 The mitigating circumstance reduces the penalty provided
by law but does not change the nature of the crime.
(People v. Talam, 56 O.G. 3654)
Chapter Three
CIRCUMSTANCES WHICH MITIGATE CRIMINAL
LIABILITY
Article 13. Mitigating circumstances. - The following are
mitigating circumstances;
1. Those mentioned in the preceding chapter,
when all the requisites necessary to justify or to
exempt from criminal liability in the respective
cases are not attendant.
 Article 13, par. 1, applies only when unlawful aggression is
present, but the other two requisites are not present.
(Guevara) When two of the three requisites mentioned
therein are present, the case must not be considered as
one in which an ordinary or generic mitigating
circumstance is present. Instead, it should be considered
a privileged mitigating circumstance referred in Article 69
of this Code.
 Since the Supreme Court considered one of the two
requisites as constituting the majority, it seems that there
is no ordinary mitigating circumstance under Article 13,
par. 1, when the justifying or exempting circumstance has
two requisites only.
2. That the offender is under eighteen year of age
or over seventy years. In the case of the minor, he
shall be proceeded against in accordance with the
provisions of Art. 80.
Diversion – refers to an alternative, child appropriate process
of determining the responsibility and treatment of a child in
conflict with the law on the basis of his/her social, cultural,
economic, psychological, or educational background without
resulting to formal court proceedings
3. That the offender had no intention to commit so
grave a wrong as that committed.
 This circumstance can be taken into account only when
the facts proven show that there is a notable and evident
disproportion between the means employed to execute the
criminal act and its consequences. (U.S. v. Reyes, 36 Phil.
904, 907)
Some factors to determine intent:
1. Weapon used;
2. Part of the body injured;
3. Injury inflicted;
4. Manner it is inflicted.
 The inflicting by the accused of five (5) stab wounds
caused in rapid succession brings forth in bold relief the
intention of the accused to snuff out the life of the
deceased, and definitely negates any pretense of lack of
intention to cause so serious an injury. (People v. Brana,
G.R. No. L-29210)
 Article 13, par. 3, of the Revised Penal Code addresses
itself to the intention of the offender at the particular
moment when he executes or commits the criminal act;
not his intention during the planning stage. (People v.
Boyles, G.R. No. L-15308)
4. That sufficient provocation or threat on the part
of the offended party immediately preceded the
act.
Provocation – any unjust or improper conduct or act of the
offended party, capable of exciting, inciting, or irritating any
one
Requisites:
1. That the provocation must be sufficient;
2. That it must originate from the offended party; and
3. That the provocation must be immediate to the act,
i.e., to the commission of the crime by the person who
is provoked.
5. That the act was committed in the immediate
vindication of a grave offense to the one
committing the felony (delito), his spouse,
ascendants, or relatives by affinity within the
same degrees.
Requisites:
1. That there be a grave offense done to the one
committing the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted brothers
or sisters, or relatives by affinity within the same
degrees;
2. That the felony is committed in vindication of such
grave offense. A lapse of time is allowed between the
vindication and the doing of the grave offense.
Provocation distinguished from vindication:
1. In the case of provocation, it is made directly only to
the person committing the felony; in vindication, the
grave offense may be committed also against the
offender’s relatives mentioned by the law.
2. In vindication, the offended party must have done a
grave offense to the offender or his relatives
mentioned by the law; in provocation, the cause that
brought about the provocation need not be grave
offense.
3. In provocation, it is necessary that the provocation or
threat immediately preceded the act, i.e., that there be
no interval of time between the provocation and the
commission of the crime; while in vindication, the
vindication of the grave offense may be proximate,
which admits of an interval of time between the grave
offense done by the offended party and the
commission of the crime by the accused.
 The question whether a certain personal offense is grave
must be decided by the court, having in mind the social
standing of the person, the place, and the time when the
insult was made. (People v. Ruiz, 93 SCRA 739)
6. That of having acted upon an impulse so
powerful as naturally to have produced passion or
obfuscation.
Requisites:
1. That there be an act, both unlawful and sufficient to
produce such a condition of mind; and
 2. That said act which produced the obfuscation was not
far removed from the commission of the crime by a
considerable length of time, during which the
perpetrator might recover his normal equanimity.
There is no mitigating circumstance when:
1. The act is committed in a spirit of lawlessness; or
2. The act is committed in a spirit of revenge.
 The causes which mitigate criminal responsibility for the
loss of self-control are such which originate from legitimate
feelings, and not those which arise from vicious, unworthy
and immoral passions. (U.S. v. Hicks, 14 Phil. 217)
 The mitigating circumstance of obfuscation arising from
jealousy cannot be invoked in favour of the accused
whose relationship with the woman (his common-law wife)
was illegitimate. (People v. Salazar, 105 Phil. 1058)
Passion or obfuscation distinguished from irresistible force:
1. While passion or obfuscation is a mitigating
circumstance, irresistible force is an exempting
circumstance.
2. Passion or obfuscation cannot give rise to an
irresistible force because irresistible force requires
physical force.
3. Passion or obfuscation is in the offender himself,
while irresistible force must come from a third person.
4. Passion or obfuscation must arise from lawful
sentiments; whereas, the irresistible force is unlawful.
Passion or obfuscation distinguished from provocation:
1. Provocation comes from the injured party; passion of
obfuscation is produced by an impulse which may be
caused by provocation.
2. Provocation must immediately precede the
commission of the crime; in passion or obfuscation,
the offense which engenders perturbation of mind
need not be immediate. It is only required that the
influence thereof lasts until the moment the crime is
committed.
3. In both, the effect is the loss of reason and self-
control on the part of the offender.
7. That the offender had voluntarily surrendered
himself to a person in authority or his agents, or
that he had voluntarily confessed his guilt before
the court prior to the presentation of the evidence
for the prosecution;
Requisites of voluntary surrender:
1. That the offender had not been actually arrested.
2. That the offender surrendered himself to a person in
authority or to the latter’s agent.
3. That the surrender was voluntary.
 For voluntary surrender to be appreciated, the same must
be spontaneous in such a manner that it shows the
interest of the accused to surrender unconditionally to the
authorities, either because he acknowledged his guilt or
because he wishes to save them the trouble and
expenses necessarily incurred in his search and capture.
(People v. Gervacio, G.R. No. L-21965)
 Surrender of weapons cannot be equated with voluntary
surrender. (People v. Verges, 105 SCRA 744, 756)
 Voluntary surrender does not simply mean non-flight. As a
matter of law, it does not matter if the accused never
avoided arrest and never hid or fled. What the law
considers as mitigating is the voluntary surrender of an
accused before his arrest, showing either
acknowledgement of his guilt or an intention to save the
authorities from the trouble and expense that his search
and capture would require. (Quial v. CA, 126 SCRA 28,
30)
 The law does not require that the surrender be prior to the
issuance of the order of arrest. (People v. Yeda, 68 Phil.
740)
 The mitigating circumstance of voluntary surrender cannot
be appreciated in favour of the accused who claims to
have intended to surrender but did not, despite several
opportunities to do so, and was in fact arrested.
 Voluntary surrender cannot be appreciated in favour of an
accused who surrenders only after a warrant of arrest is
issued and he finds it futile to continue being a fugitive
from justice. (People v. Rodriguez, G.R. No. L-41263)
Requisites of plea of guilty:
1. That the offender spontaneously confessed his guilt;
2. That the confession of guilt was made in open court,
that is, before the competent court that is to try the
case; and
3. That the confession of guilt was made prior to the
presentation of evidence for the prosecution.
 A plea of guilty made after arraignment and after the trial
had begun does not entitle the accused to have such plea
considered as a mitigating circumstance. (People v.
Kayanan, 83 SCRA 437)
 If an accused is charged with an offense cognizable by the
court of first instance, and pleads not guilty before the
municipal court at its preliminary investigation, and after
the elevation of the case to the court of first instance – the
court of competent jurisdiction – he pleads guilty upon
arraignment before this latter court, the plea of not guilty
upon arraignment at the preliminary investigation in the
municipal court is no plea at all. Hence, the accused could
claim his plea of guilty in the court of first instance as
mitigating circumstance pursuant to Article 13(7) of the
Revised Penal Code. (People v. Oandasan)
 It is not necessary that all the evidence of the prosecution
have been presented. Even if the first witness presented
by the prosecution had not finished testifying during the
direct examination when the accused withdrew his former
plea of guilty and substituted it with the plea of guilty, the
plea of guilty is not mitigating. (People v. Lambino, 103
Phil. 504)
 Plea of guilty to a lesser offense is not a mitigating
circumstance, because to be voluntary, the plea of guilty
must be to the offense charged. (People v. Noble, 77 Phil.
93)
8. That the offender is deaf and dumb, blind or
otherwise suffering some physical defect which
thus restricts his means of action, defense, or
communications 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 the
consciousness of his acts.
 10. And, finally, any other circumstances of a
similar nature and analogous to those above
mentioned.
Chapter Four
CIRCUMSTANCE WHICH AGGRAVATE
CRIMINAL LIABILITY
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
Four kinds of aggravating circumstances:
1. Generic – those that can generally apply to all crimes
2. Specific – those that apply only to particular crimes
3. Qualifying – those that change the nature of the crime
4. Inherent – those that must of necessity accompany
the commission of the crime
Qualifying aggravating circumstance distinguished from
generic aggravating circumstance:
1. The effect of a generic aggravating circumstance, not
offset by any mitigating circumstance, is to increase
the penalty which should be imposed upon the
accused to the maximum period, but without
exceeding the limit prescribed by law; while that of a
qualifying circumstance is not only to give the crime
its proper and exclusive name but also to place the
author thereof in such a situation as to deserve no
other penalty than that specially prescribed by law for
said crime.
2. A qualifying aggravating circumstance cannot be
offset by a mitigating circumstance; a generic
aggravating circumstance may be compensated by a
mitigating circumstance.
3. A qualifying aggravating circumstance to be such
must be alleged in the information. If it is not alleged,
it is a generic aggravating circumstance only.
 Generic aggravating circumstance, even if not alleged in
the information, may be proved during trial over the
objection of the defense and may be appreciated in
imposing the sentence. (People v. Ang, 139 SCRA 115,
121)
 Treachery is merely a generic aggravating circumstance
when not alleged in the information. (People v. Estillore,
141 SCRA 456, 461)
 Aggravating circumstance should be proved as fully as the
crime itself in order to increase the penalty. (People v.
Barrios, G.R. No. L-34785)
Article 14. Aggravating circumstances. - The following are
aggravating circumstances:
1. That advantage be taken by the offender of his
public position.
 The public officer must use the influence, prestige, or
ascendancy which his office gives him as the means by
which he realizes his purpose. The essence of the matter
is presented in the inquiry, “Did the accused abuse his
office in order to commit the crime?” (U.S. v. Rodriguez,
19 Phil. 150)
 There is abuse of public position where a police officer in
the course of investigation of a charge against him for
grave threats shot the complainant in a treacherous
manner. (People v. Reyes G.R. No. L-33154)
 Advantage of a public position is present where the
accused their authority as members of the police and
constabulary to disarm the victim before shooting him.
(People v. Asuncion, G.R. No. 83870)
 In the case of a Congressman who offered resistance to
his captor upon being surprised in a gambling house, this
aggravating circumstance is not present. (People v.
Veloso, 48 Phil. 169, 183) [The Congressman did not take
advantage of the influence or reputation of his office.]
 This circumstance, taking advantage of public position,
cannot be taken into consideration in offenses where
taking advantage of official-position is made by law an
integral element of the crime, such as in malversation
under Article 217, or in falsification of document committed
by public officers under Article 171. (People v. Teves, 44
Phil. 275)
 If the accused could have perpetrated the crime even
without occupying his position, there is no abuse of public
position. (People v. Villamor, G.R. Nos. 140407-08)
2. That the crime be committed in contempt of or
with insult to the public authorities.
Requisites:
1. That the public authority is engaged in the exercise of
his functions.
2. That he who is engaged in the exercise of said
functions is not the person against whom the crime is
committed.
3. The offender knows him to be a public authority.
4. His presence has not prevented the offender from
committing the criminal act.
Public authority – (Person in authority) a public officer who is
directly vested with jurisdiction, that is, a public officer who has
the power to govern and execute laws (councillor, mayor,
governor, barangay captain or chairman, etc.)
Agent of a person in authority – any person who, by direct
provision of law or by election or by appointment by competent
authority, is charged with the maintenance of public order and
the protection and security of life and property, such as a barrio
councilman, barrio policeman and barangay leader, and any
person who comes to the aid of persons in authority
 Paragraph 2 of Article 14 was not applied in a case where
the crime was committed in the presence of the chief of
police of a town because he is not a public authority, but
an agent of the authorities. (People v. Siojo, 61 Phil. 307)
3. That the act be committed with insult or in
disregard of the respect due the offended party on
account of his rank, age, or sex, or that it be
committed in the dwelling of the offended party, if
the latter has not given provocation.
 Disregard of the respect due the offended party on
account of his rank, age or sex may be taken into account
only in crimes against persons or honor, when in the
commission of the crime, there is some insult or disrespect
to rank, age or sex. It is not proper to consider this
aggravating circumstance in crimes against property.
(People v. Pagal, G.R. No. L-32040)
 It is necessary to prove the specific fact or circumstance,
other than that the victim is a woman (or an old man or
one high rank), showing insult or disregard of sex (or age
or rank) in order that it may be considered as aggravating
circumstance. (People v. Valencia, C.A., 43 O.G. 3740)
There must be evidence that in the commission of the
crime, the accused deliberately intended to offend or insult
the sex or age of the offended party. (People v. Mangsant,
65 Phil. 548, 550-551)
This aggravating circumstance is not to be considered in the
following cases:
1. When the offender acted with passion and
obfuscation.
2. When there exists a relationship between the
offended party and the offender.
3. When the condition of being a woman is
indispensable in the commission of the crime.
 That the offended party has not given provocation in his
house is a fact that must be shown by the evidence of the
prosecution, as it cannot be assumed. It is an essential
element of the aggravating circumstance of dwelling.
(People v. Pakah, 81 Phil. 426, 429)
 For this circumstance to be considered, it is not necessary
that the accused should have actually entered the dwelling
of the victim to commit the offense; it is enough that the
victim was attacked inside his own house, although the
assailant may have devised means to perpetrate the
assault from without. (People v. Ompaid, G.R. No. L-
23513)
 In abduction or illegal detention where the victim was
taken from her or his house and carried away to another
place, dwelling is aggravating. (U.S. v. Banila, 19 Phil.
130, 133)
What dwelling includes:
1. Dependencies;
2. The foot of the staircase;
3. Enclosure under the house.
Dwelling is not aggravating in the following cases:
1. When both offender and offended party are occupants
of the same house, and this is true even if the
offender is a servant in the house.
2. When the robbery is committed by the use of force
upon things, dwelling is not aggravating because it is
inherent.
3. In the crime of trespass to dwelling, it is inherent or
included by law in defining the crime. This crime can
be committed only in the dwelling of another.
4. When the owner of the dwelling gave sufficient and
immediate provocation.
5. When the dwelling where the crime was committed
did not belong to the offended party.
6. When rape was committed in the ground floor of a
two-storey structure, the lower floor being used as a
video rental store and not as a private place of abode
or residence.
 The aggravating circumstance of dwelling is present when
the husband killed his estranged wife in the house
occupied by her, other than the conjugal home. (People v.
Galapia, 84 SCRA 526, 532)
 When adultery is committed in the dwelling of the
husband, even if it is also the dwelling of the unfaithful
wife, it is aggravating because besides the latter’s breach
of fidelity she owes her husband, she and her paramour
violated the respect due to the conjugal home and they
both thereby injured and committed a very grave offense
against the head of the house. (U.S. v. Ibanez, 33 Phil.
611)
 Although nocturnity and abuse of superior strength are
always included in the qualifying circumstance of
treachery, dwelling cannot be included therein. (People v.
Ruzol, 100 Phil. 537)
4. That the act be committed with abuse of
confidence or obvious ungratefulness.
Requisites of abuse of confidence:
1. That the offended party had trusted the offender;
2. That the offender abused such trust by committing a
crime against the offended party;
3. That the abuse of confidence facilitated the
commission of the crime.
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.
Place where public authorities are engaged in the discharge of
their duties (par. 5) distinguished from contempt or insult to
public authorities (par. 2):
1. In both, the public authorities are in the performance
of their duties.
2. Under par. 5, the public authorities who are in the
performance of their duties must be in their office;
while in par. 2, the public authorities are performing
their duties outside of their office.
3. Under par. 2, the public authority should not be the
offended party; while under par. 5, he may be the
offended party.
 An electoral precinct during election day is a place “where
public authorities are engaged in the discharge of their
duties.”
 The aggravating circumstance that the killing was done in
place dedicated to religious worship cannot be legally
considered, where there is no evidence to show that the
defendant had murder in her heart when she entered the
chapel on the fatal night. (People v. Jaurigue, 76 Phil. 174)
6. That the crime be committed in the night time,
or in an uninhabited place, or by a band,
whenever such circumstances may facilitate the
commission of the offense.
Night time, uninhabited place or band is aggravating:
1. When it facilitated the commission of the crime; or
2. When especially sought for by the offender to insure
the commission of the crime or for the purpose of
impunity; or
3. When the offender took advantage thereof for the
purpose of impunity.
 Night time may facilitate the commission of the crime,
when because of the darkness of the night the crime can
be perpetrated unmolested, or interference can be
avoided, or there would be greater certainty in attaining
the ends of the offender. (People v. Matbagon, 60 Phil.
887)
 Night time is not especially sought for, when the notion to
commit the crime was conceived only shortly before its
commission, or when the crime was committed at night
upon a mere casual encounter.
 “For the purpose of impunity” means to prevent his being
recognized, or to secure himself against detection and
punishment. (People v. Matbagon, supra)
Uninhabited place – 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
 This aggravating circumstance should not be considered
when the place where the crime was committed could be
seen and the voice of the deceased could be heard from a
nearby house. (People v. Laoto, 52 Phil. 401)
 That the place is uninhabited is determined, not by the
distance of the nearest house to the scene of the crime,
but whether or not in the place of its commission, there
was reasonable possibility of the victim receiving some
help.
 It must appear that the accused sought the solitude of the
place where the crime was committed, in order to better
attain his purpose. (People v. Aguinaldo, 55 Phil. 610)
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.
7. That the crime be committed on the occasion of
a conflagration, shipwreck, earthquake, epidemic
or other calamity or misfortune.
 The offender must take advantage of the calamity or
misfortune.
Other calamity or misfortune – refers to other conditions of
distress similar to those precedingly enumerated
8. That the crime be committed with the aid of
armed men or persons who insure or afford
impunity.
Requisites:
1. That armed men or persons took part in the
commission of the crime, directly or indirectly.
2. That the accused availed himself of their aid or relied
upon them when the crime was committed.
Exceptions:
1. When both the attacking party and the party attacked
were equally armed.
2. When the accused as well as those who cooperated
with him in the commission of the crime acted under
the same plan and for the same purpose.
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.
Requisites:
1. That the offender is on trial for an offense;
2. That he was previously convicted by a final judgement
of another crime;
3. That both the first and second offenses are embraced
in the same title of the Code;
4. That the offender is convicted of the new offense.
 There is no recidivism if the subsequent conviction is for
an offense committed before the offense involved in the
prior conviction. (People v. Baldera, 86 Phil. 189)
 Recidivism must be taken into account as an aggravating
circumstance no matter how many years have intervened
between the first and second felonies. (People v. Colocar,
60 Phil. 878)
10. That the offender has been previously
punished by an offense to which the law attaches
an equal or greater penalty or for two or more
crimes to which it attaches a lighter penalty.
Requisites:
1. That the accused is on trial for an offense;
2. That he previously served sentence for another
offense to which the law attaches an equal or greater
penalty, or for two or more crimes to which it attaches
lighter penalty than that for the new offense; and
3. That he is convicted of the new offense.
 Par. 10 of Article 14 speaks of penalty attached to the
offense, which may have several periods, not the penalty
actually imposed.
Recidivism and reiteracion distinguished:
1. In reiteracion, it is necessary that the offender shall
have served out his sentence for the first offense;
whereas, in recidivism, it is enough that a final
judgement has been rendered in the first offense.
2. In reiteracion, the previous and subsequent offenses
must not be embraced in the same title of the Code;
whereas, recidivism requires that the offenses be
included in the same title of the Code.
3. Reiteracion is not always an aggravating
circumstance; whereas, recidivism is always to be
taken into consideration in fixing the penalty to be
imposed upon the accused.
The four forms of repetition are:
1. Recidivism;
2. Reiteracion or habituality;
3. Multi-recidivism or habitual delinquency;
(extraordinary)
4. Quasi-recidivism. (special)
Habitual delinquency – when a person, 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, robbery,
theft, estafa or falsification, is found guilty of any said crimes a
third time or oftener
11. That the crime be committed in consideration
of a price, reward, or promise.
 When this aggravating circumstance is present, it affects
not only the person who received the price or reward, but
also the person who gave it. (U.S. v. Parro, 36 Phil. 923)
 If without previous promise, the price or reward was given
voluntarily after the crime had been committed as an
expression of his appreciation for the sympathy and aid
shown by the other accused, it should not be taken into
consideration for the purpose of increasing the penalty.
(U.S. v. Flores, 28 Phil. 29)
12. That the crime be committed by means of
inundation, fire, poison, explosion, stranding of a
vessel or international damage thereto, derailment
of a locomotive, or by the use of any other artifice
involving great waste and ruin.
 When another aggravating circumstance already qualifies
the crime, any of these aggravating circumstances shall
be considered as generic aggravating circumstance only.
(So mu-apply ra ang Par. 12, Article 14 kung na qualify na
ang crime by another circumstance.)
 When the crime intended to be committed is arson and
somebody dies as a result thereof, the crime is simply
arson and the act resulting in the death of that person is
not even an independent crime of homicide, it being
absorbed. (People v. Paterno, 85 Phil. 722)
13. That the act be committed with evident
premeditation.
 The essence of premeditation is that the execution of the
criminal act must be preceded by cool thought and
reflection upon the resolution to carry out the criminal
intent during the space of time sufficient to arrive at a calm
judgement. (People v. Durante, 53 Phil. 363)
Requisites of evident premeditation:
1. The time when the offender determined to commit the
crime;
2. An act manifestly indicating that the culprit has clung
to his determination; and
3. A sufficient lapse of time between the determination
and execution, to allow him to reflect upon the
consequence of his act and to allow his conscience to
overcome the resolution of his will.
 Premeditation must be based upon external acts and not
presumed from mere lapse of time. (U.S. v. Ricafort, 1
Phil. 173)
14. That the craft, fraud or disguise be employed.
Craft – involves intellectual trickery and cunning on the part of
the accused (see article 62 where craft is not an aggravating
circumstance) [this is used so that the suspicion of the victim is
not aroused]
Fraud – insidious words or machinations used to induce the
victim to act in a manner which would enable the offender to
carry out his design
Disguise – resorting to any device to conceal identity (however,
if despite of the use of disguise, the victim recognized the
offender, disguise will not be considered as aggravating) (the
purpose of the offender in using any device must be to conceal
his identity)
15. That advantage be taken of superior strength,
or means be employed to weaken the defense.
 To take advantage of superior strength means to use
purposely excessive force out of proportion to the means
of defense available to the person attacked. (People v.
Cabiling, G.R. No. L-38091)
 The aggravating circumstance of employing means to
weaken the defense is absorbed by treachery. (People v.
Tunhawan, G.R. No. L-81470)
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.
Requisites of treachery:
1. That at the time of the attack, the victim was not in a
position to defend himself; and
2. That the offender consciously adopted the particular
means, method or form of attack employed by him.
 This circumstance is applicable only to crimes against
persons.
 It is not necessary that the means, methods or forms
employed in the execution of the crime insure its
accomplishment, as the law says, “to insure its execution”
only.
 The mode of attack must be consciously adopted. The
accused must make some preparation to kill the deceased
in such a manner as to insure the execution of the crime
or to make it impossible or hard for the person attacked to
defend himself or retaliate. (People v. Tumaob, 83 Phil.
738) The mode of attack must be thought of by the
offender, and must not spring from the unexpected turn of
events.
 The qualifying circumstance of treachery may not be
simply deduced from presumption as it is necessary that
the existence of this qualifying or aggravating
circumstance should be proven as fully as the crime itself
in order to aggravate the liability or penalty incurred by the
culprit. (People v. Ardisa, 55 SCRA 245)
17. That means be employed or circumstances
brought about which add ignominy to the natural
effects of the act.
Ignominy – a 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.
There is an unlawful entry when an entrance is
effected by a way not intended for the purpose.
 Unlawful entry must be a means to effect entrance and not
for escape. (People v. Sunga, 43 Phil. 205)
 If the crime charged in the information was only theft, and
during the trial, the prosecution proved unlawful entry, it is
a generic aggravating circumstance which may raise the
penalty for theft to the maximum period. It would be
improper to convict the accused of robbery with force upon
things because unlawful entry was not alleged in the
information. (People v. Sunga, supra)
 19. That as a means to the commission of a crime brother or sister, or relative by affinity in the same degrees
a wall, roof, floor, door, or window be broken. of the offender.

20. That the crime be committed with the aid of
persons under fifteen (now 18) years of age or by
means of motor vehicles, motorized watercraft,
airships, or other similar means. (As amended by
RA 5438).
21. That the wrong done in the commission of the
crime be deliberately augmented by causing other
wrong not necessary for its commissions.
Requisites of cruelty:
1. That the injury caused be deliberately increased by
causing other wrong; (no cruelty when other wrong
was done after the victim was dead)
2. That the other wrong be unnecessary for the
execution of the purpose of the offender.
 There is cruelty when the culprit enjoys and delights in
making his victim suffer slowly and gradually, causing him
unnecessary physical pain in the consummation of the
criminal act. (People v. Dayug, 49 Phil. 423)
The intoxication of the offender shall be taken into
consideration as a mitigating circumstances when the
offender has committed a felony in a state of intoxication,
if the same is not habitual or subsequent to the plan to
commit said felony but when the intoxication is habitual or
intentional, it shall be considered as an aggravating
circumstance.
 As a rule, relationship is mitigating in crimes against
property, by analogy to the provisions of Article 332.
 It is aggravating in crimes against persons in cases where
the offended party is a relative of a higher degree that the
offender, or when the offender and the offended party are
relatives of the same level, as killing a brother (brother-in-
law, a half brother, or adopted brother). (People v. Alisub,
69 Phil. 362)
 When the qualification given to the crime is derived from
the relationship between the offender and offended party,
it is neither mitigating nor aggravating, because it is
inseparable from and inherent in the offense.

 In crimes against chastity, relationship is aggravating,

Others:
Section 23. The maximum penalty shall be imposed if the
offense was committed by any group 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. (R.A. No. 7659)
 Notwithstanding the provisions of any law to the contrary,
a positive finding for the use of dangerous drugs shall be a
qualifying aggravating circumstance in the commission of
a crime by an offender, and the application of the penalty
provided for in the Revised Penal Code shall be
applicable. (Sec. 25, R.A. No. 9165)
regardless of whether the offender is a relative of a higher
degree of the offended party.
 In the absence of proof to the contrary, it will be presumed
that intoxication is not habitual but accidental, and the fact
that the accused was drunk at the time of the commission
of the crime must then be considered as a mitigating
circumstance. (U.S. v. Fitzgerald, 2 Phil. 419)
 Low degree of instruction and education or lack of it is
generally mitigating. High degree of instruction and
education is aggravating, when the offender avails himself
of his learning in committing the crime.
 Lack of education must be proved positively and cannot
be based on mere deduction or inference. (People v.
Retania, G.R. No. L-34841)

 Where murder or homicide was committed, the penalty for

illegal possession of firearms is no longer imposable since
it becomes merely a special aggravating circumstance.
(People v. Malinao, G.R. No. 128148)

 The penalty of reclusion perpetua to death shall be

imposed when the owner, driver or occupant of the
carnapped motor vehicle is killed or raped in the course of
the commission of the carnapping or on the occasion
thereof. (Sec. 14, R.A. No. 6539)

Chapter Five
ALTERNATIVE CIRCUMSTANCES

Article 15. Their concept. - Alternative circumstances are

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

The alternative circumstance of relationship shall be taken

into consideration when the offended party is the spouse,
ascendant, descendant, legitimate, natural, or adopted
 Title Two
PERSONS CRIMINALLY LIABLE FOR FELONIES
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.
 When an crime is committed by many, without being
equally shared by all, a different degree of responsibility is
imposed upon each and every one of them.
Rules relative to light felonies:
1. Light felonies are punishable only when they have
been consummated.
2. But when light felonies are committed against persons
or property, they are punishable even if they are only
in the attempted stage of execution.
3. Only principals and accomplices are liable for light
felonies.
4. Accessories are not liable for light felonies, even if
they are committed against persons or property.
Article 17. Principals. - The following are considered
principals:
1. Those who take a direct part in the execution of
the act; (principal by direct participation)
Two or more persons who took part in the commission of the
crime are principals by direct participation, when the following
requisites are present:
1. That they participated in the criminal resolution;
(meaning there is conspiracy; conspiracy pa lang ni
diri)
2. That they carried out their plan and personally took
part in its execution by acts which directly tended to
the same end.
 If the second requisite is lacking, at most, there is only a
conspiracy among the several defendants who
participated in the criminal resolution, and if the crime they
agreed and decided to commit is not treason, rebellion or
sedition, they are not criminally liable.
2. Those who directly force or induce others to
commit it; (principal by induction)
 One cannot be held guilty of having instigated the
commission of the crime without first being shown that the
crime was actually committed by another. (People v. Ong
Chiat Lay, 60 Phil. 788)
Two ways of directly forcing another to commit a crime: (The
material executor is not criminally liable because of Article 12.)
1. By using irresistible force.
2. By causing uncontrollable fear.
Two ways of directly inducing another to commit a crime:
1. By giving price, or offering reward or promise.
2. By using words of command.
Requisites (1):
1. That the inducement be made directly with the
intention of procuring the commission of the crime;
and
2. That such inducement be the determining cause of
the commission of the crime by the material executor.
 To constitute inducement, there must exist on the part of
the inducer the most positive resolution and the most
persistent effort to secure the commission of the crime,
together with the presentation to the person induced of the
very strongest kind of temptation to commit the crime.
(U.S. v. Indanan)
 The inducement must precede the act induced and must
be so influential in producing the criminal act that without
it, the act would not have been performed.
Requisites (2):
1. That the one uttering the words of command must
have the intention of procuring the commission of the
crime;
2. That the one who made the command must have an
ascendancy or influence over the person who acted;
3. That the words used must be so direct, so efficacious,
so powerful as to amount to physical or moral
coercion;
4. The words of command must be uttered prior to the
commission of the crime;
5. The material executor of the crime has no personal
reason to commit the crime.
3. Those who cooperate in the commission of the
offense by another act without which it would not
have been accomplished. (principal by
indispensable cooperation)
 To cooperate means to desire or wish in common a thing.
But that common will or purpose does not necessarily
mean previous understanding, for it can be explained or
inferred from the circumstances of each case. (People v.
Apelgido, 56 Phil. 571)
Requisites:
1. Participation in the criminal resolution, that is, there is
either anterior conspiracy or unity of criminal purpose
and intention immediately before the commission of
the crime charged; and
2. Cooperation in the commission of the offense by
performing another act, without which would not
have been accomplished.
 If the cooperation of one of the accused consists in
performing an act necessary in the execution of the crime
committed, he is a principal by direct participation.
 The difference between an accused who is a principal
under any of the three categories enumerated in Article 17
 of the RPC and a co-conspirator who is also a principal is
that while the former’s criminal liability is limited to his own
acts, as a general rule, the latter’s responsibility includes
the acts of his fellow conspirators. (People v. Peralta, G.R.
No. L-19069)
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.
 When there is no conspiracy between or among the
defendants but they were animated by one and the same
purpose to accomplish the criminal objective, those who
cooperated by previous or simultaneous acts but cannot
be held liable as principals are accomplices.
 Where the quantum of proof required to establish
conspiracy is lacking, the doubt created as to whether the
appellant acted as principal or as accomplice will always
be resolved in favour of the milder form of criminal liability
– that of a mere accomplice. (People v. Ballesta, G.R. No.
181632)
 An accomplice does not enter into a conspiracy with the
principal by direct participation. He does not have previous
agreement or understanding with the principal to commit a
crime. But he participates to a certain point in the common
criminal design. (People v. Aplegido, 76 Phil. 571)
Distinctions between accomplice and conspirator:
1. Conspirators 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.
2. Conspirators decide that a crime should be
committed; accomplices merely concur in it.
3. Conspirators are the authors of a crime; accomplices
are merely instruments who perform acts not
essential to the perpetration of the offense.
Requisites:
1. That there be community of design; that is, knowing
the criminal design of the principal by direct
participation, he concurs with the latter in his purpose;
2. That he cooperates in the execution of the offense by
previous or simultaneous acts, with intention of
supplying material or moral aid in the execution of the
crime in an efficacious way; and
3. That there be a relation between the acts done by the
principal and those attributed to the person charged
as accomplice.
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 principals of the crime, provided the
accessory acts with abuse of his public functions
or whenever the author of the crime is guilty of
treason, parricide, murder, or an attempt to take
the life of the Chief Executive, or is known to be
habitually guilty of some other crime.
 A person who saw the commission of a crime, say
murder, by another whom he knew, kept silent with regard
to it, and did not report it to any of the authorities is not
liable even as an accessory. (U.S. v. Caballeros, 4 Phil.
350) Reason: Such omission is not harbouring, or
concealing or assisting in the escape of the principal.
 Where the alleged incendiary was acquitted, it is neither
proper nor possible to convict the defendant as accessory.
The responsibility of the accessory is subordinate to that
of the principal in a crime, because the accessory’s
participation therein is subsequent to its commission, and
his guilt is directly related to that of the principal delinquent
in the punishable act. If then the facts alleged are not
proven in the prosecution instituted, or do not constitute a
crime, no legal grounds exist for convicting a defendant as
an accessory after the fact for a crime not perpetrated.
(U.S. v. Mendoza, 23 Phil. 194)
 Conviction of an accessory is possible notwithstanding the
acquittal of the principal, if the crime was in fact
committed, but the principal was not held criminally liable,
because of an exempting circumstance, such as insanity
or minority. In exempting circumstance, there is a crime
committed. Hence, there is a basis for convicting the
accessory.
 Even if the principal is still unknown or at large, the
accessory may be held responsible provided that the
requisites prescribed by law for the existence of the crime
are present and that someone committed it.
 The corresponding responsibilities of the principal,
accomplice and accessory are distinct from each other. As
long as the commission of the offense can be duly
established in evidence, the determination of the liability of
the accomplice or accessory can proceed independently
of that of the principal. (Vino v. People, G.R. No. 84163)
 Where the commission of the crime and the responsibility
of the accused as an accessory are established, the
accessory can be convicted, notwithstanding the acquittal
of the principal. (Vino v. People, supra)
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.
 Title Three Reclusion perpetua,
Reclusion temporal,
PENALTIES Perpetual or temporary absolute
disqualification,
Perpetual or temporary special
Chapter One disqualification,
PENALTIES IN GENERAL Prision mayor.

Article 21. Penalties that may be imposed. - No felony shall Correctional penalties:
be punishable by any penalty not prescribed by law prior
to its commission.
Prision correccional,
Arresto mayor,
Penalty - Suspension,
Destierro.
Article 22. Retroactive effect of penal laws. - Penal Laws
shall have a retroactive effect insofar as they favor the Light penalties:
persons guilty of a felony, who is not a habitual criminal,
as this term is defined in Rule 5 of Article 62 of this Code,
although at the time of the publication of such laws a final Arresto menor,
sentence has been pronounced and the convict is serving Public censure.
the same.
Penalties common to the three preceding classes:
Article 23. Effect of pardon by the offended party. - A
pardon of the offended party does not extinguish criminal Fine, and
action except as provided in Article 344 of this Code; but Bond to keep the peace.
civil liability with regard to the interest of the injured party
is extinguished by his express waiver. Accessory Penalties

Article 24. Measures of prevention or safety which are nor
considered penalties. - The following shall not be
considered as penalties:
1. The arrest and temporary detention of accused
persons, as well as their detention by reason of
insanity or imbecility, or illness requiring their
confinement in a hospital.
2. The commitment of a minor to any of the
institutions mentioned in Article 80 and for the
purposes specified therein.
3. Suspension from the employment of public
office during the trial or in order to institute
proceedings.
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Suspension from public office, the right to vote
and be voted for, the profession or calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and
proceeds of the offense,
Payment of costs.
Article 26. When afflictive, correctional, or light penalty. -
A fine, whether imposed as a single of as an alternative
penalty, shall be considered an afflictive penalty, if it
exceeds 6,000 pesos; a correctional penalty, if it does not
exceed 6,000 pesos but is not less than 200 pesos; and a
light penalty if it less than 200 pesos.

4. Fines and other corrective measures which, in Chapter Three

the exercise of their administrative disciplinary DURATION AND EFFECTS OF PENALTIES
powers, superior officials may impose upon their
subordinates. Section One. - Duration of Penalties

5. Deprivation of rights and the reparations which
the civil laws may establish in penal form.
Chapter Two
CLASSIFICATION OF PENALTIES
Article 27. Reclusion perpetua. - Any person sentenced to
any of the perpetual penalties shall be pardoned after
undergoing the penalty for thirty years, unless such
person by reason of his conduct or some other serious
cause shall be considered by the Chief Executive as
unworthy of pardon.

Article 25. Penalties which may be imposed. - The Reclusion temporal. - The penalty of reclusion temporal
penalties which may be imposed according to this Code, shall be from twelve years and one day to twenty years.
and their different classes, are those included in the
following:
Prision mayor and temporary disqualification. - The
duration of the penalties of prision mayor and temporary
Scale disqualification shall be from six years and one day to
twelve years, except when the penalty of disqualification
Principal Penalties is imposed as an accessory penalty, in which case its
duration shall be that of the principal penalty.
Capital punishment:
Prision correccional, suspension, and destierro. - The
duration of the penalties of prision correccional,
Death.
suspension and destierro shall be from six months and
one day to six years, except when suspension is imposed
Afflictive penalties:
as an accessory penalty, in which case, its duration shall
be that of the principal penalty.
Arresto mayor. - The duration of the penalty of arresto
mayor shall be from one month and one day to six
months.
Arresto menor. - The duration of the penalty of arresto
menor shall be from one day to thirty days.
Bond to keep the peace. - The bond to keep the peace
shall be required to cover such period of time as the court
may determine.
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. - Offenders who have
undergone preventive imprisonment shall be credited in
the service of their sentence consisting of deprivation of
liberty, with the full time during which they have
undergone preventive imprisonment, if the detention
prisoner agrees voluntarily in writing to abide by the same
disciplinary rules imposed upon convicted prisoners,
except in the following cases:
1. When they are recidivists or have been
convicted previously twice or more times of any
crime; and
2. When upon being summoned for the execution
of their sentence they have failed to surrender
voluntarily.
If the detention prisoner does not agree to abide by the
same disciplinary rules imposed upon convicted
prisoners, he shall be credited in the service of his
sentence with four-fifths of the time during which he has
undergone preventive imprisonment. (As amended by
Republic Act 6127, June 17, 1970).
Whenever an accused has undergone preventive
imprisonment for a period equal to or more than the
possible maximum imprisonment of the offense charged
to which he may be sentenced and his case is not yet
terminated, he shall be released immediately without
prejudice to the continuation of the trial thereof or the
proceeding on appeal, if the same is under review. In case
the maximum penalty to which the accused may be
sentenced is destierro, he shall be released after thirty (30)
days of preventive imprisonment. (As amended by E.O.
No. 214, July 10, 1988).
Section Two. - Effects of the penalties according to their
respective nature
Article 30. Effects of the penalties of perpetual or
temporary absolute disqualification. - The penalties of
perpetual or temporary absolute disqualification for public
office shall produce the following effects:
1. The deprivation of the public offices and
employments which the offender >may have held
even if conferred by popular election.
2. The deprivation of the right to vote in any
election for any popular office or to be elected to
such office.
3. The disqualification for the offices or public
employments and for the exercise of any of the
rights mentioned.
In case of temporary disqualification, such
disqualification as is comprised in paragraphs 2
and 3 of this article shall last during the term of
the sentence.
4. The loss of all rights to retirement pay or other
pension for any office formerly held.
Article 31. Effect of the penalties of perpetual or temporary
special disqualification. - The penalties of perpetual or
temporal special disqualification for public office,
profession or calling shall produce the following effects:
1. The deprivation of the office, employment,
profession or calling affected;
2. The disqualification for holding similar offices
or employments either perpetually or during the
term of the sentence according to the extent of
such disqualification.
Article 32. Effect of the penalties of perpetual or temporary
special disqualification for the exercise of the right of
suffrage. - The perpetual or temporary special
disqualification for the exercise of the right of suffrage
shall deprive the offender perpetually or during the term of
the sentence, according to the nature of said penalty, of
the right to vote in any popular election for any public
office or to be elected to such office. Moreover, the
offender shall not be permitted to hold any public office
during the period of his disqualification.
Article 33. Effects of the penalties of suspension from any
public office, profession or calling, or the right of
suffrage. - The suspension from public office, profession
or calling, and the exercise of the right of suffrage shall
disqualify the offender from holding such office or
exercising such profession or calling or right of suffrage
during the term of the sentence.
The person suspended from holding public office shall not
hold another having similar functions during the period of
his suspension.
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.
Article 35. Effects of bond to keep the peace. - It shall be
the duty of any person sentenced to give bond to keep the
peace, to present two sufficient sureties who shall
undertake that such person will not commit the offense
sought to be prevented, and that in case such offense be
committed they will pay the amount determined by the
court in the judgment, or otherwise to deposit such
amount in the office of the clerk of the court to guarantee
said undertaking.
The court shall determine, according to its discretion, the
period of duration of the bond.
Should the person sentenced fail to give the bond as
required he shall be detained for a period which shall in no
case exceed six months, is he shall have been prosecuted
for a grave or less grave felony, and shall not exceed thirty
days, if for a light felony.
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.
Article 37. Cost; What are included. - Costs shall include
fees and indemnities in the course of the judicial
proceedings, whether they be fixed or unalterable
amounts previously determined by law or regulations in
force, or amounts not subject to schedule.
Article 38. Pecuniary liabilities; Order of payment. - In case
the property of the offender should not be sufficient for
the payment of all his pecuniary liabilities, the same shall
be met in the following order:
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine.
4. The cost of the proceedings.
Article 39. Subsidiary penalty. - If the convict has no
property with which to meet the fine mentioned in the
paragraph 3 of the nest preceding article, he shall be
subject to a subsidiary personal liability at the rate of one
day for each eight pesos, subject to the following rules:
1. If the principal penalty imposed be prision
correccional or arresto and fine, he shall remain
under confinement until his fine referred to in the
preceding paragraph is satisfied, but his
subsidiary imprisonment shall not exceed one-
third of the term of the sentence, and in no case
shall it continue for more than one year, and no
fraction or part of a day shall be counted against
the prisoner.
2. When the principal penalty imposed be only a
fine, the subsidiary imprisonment shall not
exceed six months, if the culprit shall have been
prosecuted for a grave or less grave felony, and
shall not exceed fifteen days, if for a light felony.
3. When the principal imposed is higher than
prision correccional, no subsidiary imprisonment
shall be imposed upon the culprit.
4. If the principal penalty imposed is not to be
executed by confinement in a penal institution,
but such penalty is of fixed duration, the convict,
during the period of time established in the
preceding rules, shall continue to suffer the same
deprivations as those of which the principal
penalty consists.
5. The subsidiary personal liability which the
convict may have suffered by reason of his
insolvency shall not relieve him, from the fine in
case his financial circumstances should improve.
(As amended by RA 5465, April 21, 1969).
Section Three. - Penalties in which other accessory
penalties are inherent
Article 40. Death; Its accessory penalties. - The death
penalty, when it is not executed by reason of commutation
or pardon shall carry with it that of perpetual absolute
disqualification and that of civil interdiction during thirty
years following the date sentence, unless such accessory
penalties have been expressly remitted in the pardon.
Article 41. Reclusion perpetua and reclusion temporal;
Their accessory penalties. - The penalties of reclusion
perpetua and reclusion temporal shall carry with them that
of civil interdiction for life or during the period of the
sentence as the case may be, and that of perpetual
absolute disqualification which the offender shall suffer
even though pardoned as to the principal penalty, unless
the same shall have been expressly remitted in the
pardon.
Article 42. Prision mayor; Its accessory penalties. - The
penalty of prision mayor, shall carry with it that of
temporary absolute disqualification and that of perpetual
special disqualification from the right of suffrage which
the offender shall suffer although pardoned as to the
principal penalty, unless the same shall have been
expressly remitted in the pardon.
Article 43. Prision correccional; Its accessory penalties. -
The penalty of prision correccional shall carry with it that
of suspension from public office, from the right to follow a
profession or calling, and that of perpetual special
disqualification from the right of suffrage, if the duration of
said imprisonment shall exceed eighteen months. The
offender shall suffer the disqualification provided in the
article although pardoned as to the principal penalty,
unless the same shall have been expressly remitted in the
pardon.
Article 44. Arresto; Its accessory penalties. - The penalty
of arresto shall carry with it that of suspension of the right
too hold office and the right of suffrage during the term of
the sentence.
Article 45. Confiscation and forfeiture of the proceeds or
instruments of the crime. - Every penalty imposed for the
commission of a felony shall carry with it the forfeiture of
the proceeds of the crime and the instruments or tools
with which it was committed.
Such proceeds and instruments or tools shall be
confiscated and forfeited in favor of the Government,
unless they be property of a third person not liable for the
offense, but those articles which are not subject of lawful
commerce shall be destroyed.
Chapter Four
APPLICATION OF PENALTIES
Section One. - Rules for the application of penalties to the
persons criminally liable and for the graduation of the
same.
Article 46. Penalty to be imposed upon principals in
general. - The penalty prescribed by law for the
commission of a felony shall be imposed upon the
principals in the commission of such felony.
Whenever the law prescribes a penalty for a felony is
general terms, it shall be understood as applicable to the
consummated felony.
Article 47. In what cases the death penalty shall not be
imposed. - The death penalty shall be imposed in all cases
in which it must be imposed under existing laws, except in
the following cases:
1. When the guilty person be more than seventy
years of age.
2. When upon appeal or revision of the case by
the Supreme court, all the members thereof are
not unanimous in their voting as to the propriety
of the imposition of the death penalty. For the
imposition of said penalty or for the confirmation
of a judgment of the inferior court imposing the
death sentence, the Supreme Court shall render
its decision per curiam, which shall be signed by
all justices of said court, unless some member or
members thereof shall have been disqualified
from taking part in the consideration of the case,
in which even the unanimous vote and signature
of only the remaining justices shall be required.
Article 48. Penalty for complex crimes. - When a single act
constitutes two or more grave or less grave felonies, or
when an offense is a necessary means for committing the
other, the penalty for the most serious crime shall be
imposed, the same to be applied in its maximum period.
Article 49. Penalty to be imposed upon the principals
when the crime committed is different from that intended. -
In cases in which the felony committed is different from
that which the offender intended to commit, the following
rules shall be observed:
1. If the penalty prescribed for the felony
committed be higher than that corresponding to
the offense which the accused intended to
commit, the penalty corresponding to the latter
shall be imposed in its maximum period.
2. If the penalty prescribed for the felony
committed be lower than that corresponding to
the one which the accused intended to commit,
the penalty for the former shall be imposed in its
maximum period.
3. The rule established by the next preceding
paragraph shall not be applicable if the acts
committed by the guilty person shall also
constitute an attempt or frustration of another
crime, if the law prescribes a higher penalty for
either of the latter offenses, in which case the
penalty provided for the attempted or the
frustrated crime shall be imposed in its maximum
period.
Article 50. Penalty to be imposed upon principals of a
frustrated crime. - The penalty next lower in degree than
that prescribed by law for the consummated felony shall
be imposed upon the principal in a frustrated felony.
Article 51. Penalty to be imposed upon principals of
attempted crimes. - A penalty lower by two degrees than
that prescribed by law for the consummated felony shall
be imposed upon the principals in an attempt to commit a
felony.
Article 52. Penalty to be imposed upon accomplices in
consummated crime. - The penalty next lower in degree
than that prescribed by law for the consummated shall be
imposed upon the accomplices in the commission of a
consummated felony.
Article 53. Penalty to be imposed upon accessories to the
commission of a consummated felony. - The penalty lower
by two degrees than that prescribed by law for the
consummated felony shall be imposed upon the
accessories to the commission of a consummated felony.
Article 54. Penalty to imposed upon accomplices in a
frustrated crime. - The penalty next lower in degree than
prescribed by law for the frustrated felony shall be
imposed upon the accomplices in the commission of a
frustrated felony.
Article 55. Penalty to be imposed upon accessories of a
frustrated crime. - The penalty lower by two degrees than
that prescribed by law for the frustrated felony shall be
imposed upon the accessories to the commission of a
frustrated felony.
Article 56. Penalty to be imposed upon accomplices in an
attempted crime. - The penalty next lower in degree than
that prescribed by law for an attempt to commit a felony
shall be imposed upon the accomplices in an attempt to
commit the felony.
Article 57. Penalty to be imposed upon accessories of an
attempted crime. - The penalty lower by two degrees than
that prescribed by law for the attempted felony shall be
imposed upon the accessories to the attempt to commit a
felony.
Article 58. Additional penalty to be imposed upon certain
accessories. - Those accessories falling within the terms
of paragraphs 3 of Article 19 of this Code who should act
with abuse of their public functions, shall suffer the
additional penalty of absolute perpetual disqualification if
the principal offender shall be guilty of a grave felony, and
that of absolute temporary disqualification if he shall be
guilty of a less grave felony.
Article 59. Penalty to be imposed in case of failure to
commit the crime because the means employed or the
aims sought are impossible. - When the person intending
to commit an offense has already performed the acts for
the execution of the same but nevertheless the crime was
not produced by reason of the fact that the act intended
was by its nature one of impossible accomplishment or
because the means employed by such person are
essentially inadequate to produce the result desired by
him, the court, having in mind the social danger and the
degree of criminality shown by the offender, shall impose
upon him the penalty of arresto mayor or a fine from 200
to 500 pesos.
Article 60. Exception to the rules established in Articles 50
to 57. - The provisions contained in Articles 50 to 57,
inclusive, of this Code shall not be applicable to cases in
which the law expressly prescribes the penalty provided
for a frustrated or attempted felony, or to be imposed
upon accomplices or accessories.
Article 61. Rules for graduating penalties. - For the
purpose of graduating the penalties which, according to
the provisions of Articles 50 to 57, inclusive, of this Code,
are to be imposed upon persons guilty as principals of
crime.
any frustrated or attempted felony, or as accomplices or
accessories, the following rules shall be observed: Firs Reclusi Reclusi
Prision
t Deat on on Prision
Correc
1. When the penalty prescribed for the felony is Cas h Perpetu Tempor Mayor
cional
single and indivisible, the penalty next lower in e a al
degrees shall be that immediately following that
indivisible penalty in the respective graduated Recl
scale prescribed in Article 71 of this Code. usio
Sec n Reclusi
Prision Arrest
ond Perp on Prision
2. When the penalty prescribed for the crime is Correc o
Cas etua Tempor Mayor
composed of two indivisible penalties, or of one cional Mayor
e to al
or more divisible penalties to be impose to their
Deat
full extent, the penalty next lower in degree shall
h
be that immediately following the lesser of the
penalties prescribed in the respective graduated Arrest
scale. Prision Prision
o Fine
Recl Mayor correcc
Mayor and
usio in its ional in
3. When the penalty prescribed for the crime is in it's Arrest
n maxim its
composed of one or two indivisible penalties and maxim o
Tem um maxim
the maximum period of another divisible penalty, um Mayor
Thir poral period um
the penalty next lower in degree shall be period in its
d in its to period
composed of the medium and minimum periods to minim
Cas maxi reclusi to
of the proper divisible penalty and the maximum prision um
e mum on prision
periods of the proper divisible penalty and the correc and
perio tempor mayor
maximum period of that immediately following in cional mediu
d to al in its in its
said respective graduated scale. in its m
deat mediu mediu
mediu period
h m m
4. when the penalty prescribed for the crime is m s
period period
composed of several periods, corresponding to period
different divisible penalties, the penalty next lower
in degree shall be composed of the period Prisi
immediately following the minimum prescribed on
and of the two next following, which shall be Mayo Prision Arresto
Fine
taken from the penalty prescribed, if possible; r in correcc mayor
and
otherwise from the penalty immediately following its ional in in its
Arrest
in the above mentioned respective graduated maxi its maxim
o
scale. mum maxim um
Mayor
Fou perio um period
in its
rth d to period to
5. When the law prescribes a penalty for a crime minim Fine.
Cas reclu to prision
in some manner not especially provided for in the um
e sion prision correcc
four preceding rules, the courts, proceeding by and
temp mayor ional in
analogy, shall impose corresponding penalties mediu
oral in its its
upon those guilty as principals of the frustrated m
in its mediu mediu
felony, or of attempt to commit the same, and period
medi m m
upon accomplices and accessories. s
um period. period.
perio
TABULATION OF THE PROVISIONS OF THE d.
CHAPTER

Section Two. - Rules for the application of

Penalty penalties with regard to the mitigating and
to be aggravating circumstances, and habitual
Penalt delinquency.
impose
y to be
Penalty d upon
impos
to be the Article 62. Effect of the attendance of mitigating or
ed
impose princip aggravating circumstances and of habitual delinquency. -
upon Penalt
d upon al in an Mitigating or aggravating circumstances and habitual
the y to be
the attempt delinquency shall be taken into account for the purpose of
Pena access impos
princip ed diminishing or increasing the penalty in conformity with
lty ory in ed
al in a crime, the following rules:
Pres a upon
frustrat the
cribe frustra the
ed access
for ted access 1. Aggravating circumstances which in
crime, ory in
the crime, ory in themselves constitute a crime specially
and the
crim and an punishable by law or which are included by the
accom consu
e the attemp law in defining a crime and prescribing the
plice in mmate
accom ted penalty therefor shall not be taken into account
a d crime
plices crime for the purpose of increasing the penalty.
consu and the
in an
mmate accom
attemp 2. The same rule shall apply with respect to any
d crime plices
ted aggravating circumstance inherent in the crime to
in a
crime such a degree that it must of necessity
frustrat
ed accompany the commission thereof.
 3. Aggravating or mitigating circumstances which
arise from the moral attributes of the offender, or
from his private relations with the offended party,
or from any other personal cause, shall only serve
to aggravate or mitigate the liability of the
principals, accomplices and accessories as to
whom such circumstances are attendant.
4. The circumstances which consist in the
material execution of the act, or in the means
employed to accomplish it, shall serve to
aggravate or mitigate the liability of those persons
only who had knowledge of them at the time of
the execution of the act or their cooperation
therein.
5. Habitual delinquency shall have the following
effects:
(a) Upon a third conviction the culprit
shall be sentenced to the penalty
provided by law for the last crime of
which he be found guilty and to the
additional penalty of prision correccional
in its medium and maximum periods;
(b) Upon a fourth conviction, the culprit
shall be sentenced to the penalty
provided for the last crime of which he be
found guilty and to the additional penalty
of prision mayor in its minimum and
medium periods; and
(c) Upon a fifth or additional conviction,
the culprit shall be sentenced to the
penalty provided for the last crime of
which he be found guilty and to the
additional penalty of prision mayor in its
maximum period to reclusion temporal in
its minimum period.
Notwithstanding the provisions of this article, the total of
the two penalties to be imposed upon the offender, in
conformity herewith, shall in no case exceed 30 years.
For the purpose of this article, a person shall be deemed
to be habitual delinquent, is within a period of ten years
from the date of his release or last conviction of the
crimes of serious or less serious physical injuries, robo,
hurto, estafa or falsification, he is found guilty of any of
said crimes a third time or oftener.
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.
2. When there are neither mitigating nor
aggravating circumstances and there is no
aggravating circumstance, the lesser penalty shall
be applied.
3. When the commission of the act is attended by
some mitigating circumstances and there is no
aggravating circumstance, the lesser penalty shall
be applied.
4. When both mitigating and aggravating
circumstances attended the commission of the
act, the court shall reasonably allow them to
offset one another in consideration of their
number and importance, for the purpose of
applying the penalty in accordance with the
preceding rules, according to the result of such
compensation.
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 court shall
observe for the application of the penalty the following
rules, according to whether there are or are not mitigating
or aggravating circumstances:
1. When there are neither aggravating nor
mitigating circumstances, they shall impose the
penalty prescribed by law in its medium period.
2. When only a mitigating circumstances is
present in the commission of the act, they shall
impose the penalty in its minimum period.
3. When an aggravating circumstance is present
in the commission of the act, they shall impose
the penalty in its maximum period.
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 court shall
determine the extent of the penalty according to
the number and nature of the aggravating and
mitigating circumstances and the greater and
lesser extent of the evil produced by the crime.
Article 65. Rule in cases in which the penalty is not
composed of three periods. - In cases in which the penalty
prescribed by law is not composed of three periods, the
courts shall apply the rules contained in the foregoing
articles, dividing into three equal portions of time included
in the penalty prescribed, and forming one period of each
of the three portions.
Article 66. Imposition of fines. - In imposing fines the
courts may fix any amount within the limits established by
law; in fixing the amount in each case attention shall be
given, not only to the mitigating and aggravating
circumstances, but more particularly to the wealth or
means of the culprit.
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 circumstances Number 4 of Article 12 of this Code to
exempt from criminal liability are not present, the penalty
of arresto mayor in its maximum period to prision
correccional in its minimum period shall be imposed upon
the culprit if he shall have been guilty of a grave felony,
and arresto mayor in its minimum and medium periods, if
of a less grave felony.
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 paragraphs next to the last of Article
80 of this Code, the following rules shall be observed:
1. Upon a person under fifteen but over nine years
of age, who is not exempted from liability by
reason of the court having declared that he acted
with discernment, a discretionary penalty shall be
imposed, but always lower by two degrees at least
than that prescribed by law for the crime which he
committed.
6. Arresto mayor,
7. Arresto menor,
8. Destierro,
9. Perpetual absolute disqualification,
10 Temporal absolute disqualification.
11. Suspension from public office, the right to
vote and be voted for, the right to follow a
profession or calling, and
12. Public censure.
Notwithstanding the provisions of the rule next preceding,
the maximum duration of the convict's sentence shall not
be more than three-fold the length of time corresponding
to the most severe of the penalties imposed upon him. No
other penalty to which he may be liable shall be inflicted
after the sum total of those imposed equals the same
maximum period.
Such maximum period shall in no case exceed forty years.

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.
Article 70. Successive service of sentence. - When the
culprit has to serve two or more penalties, he shall serve
them simultaneously if the nature of the penalties will so
permit otherwise, the following rules shall be observed:
In applying the provisions of this rule the duration of
perpetual penalties (pena perpetua) shall be computed at
thirty years. (As amended).
Article 71. Graduated scales. - In the case in which the law
prescribed a penalty lower or higher by one or more
degrees than another given penalty, the rules prescribed
in Article 61 shall be observed in graduating such penalty.
The lower or higher penalty shall be taken from the
graduated scale in which is comprised the given penalty.
The courts, in applying such lower or higher penalty, shall
observe the following graduated scales:
SCALE NO. 1
1. Death,
2. Reclusion perpetua,

In the imposition of the penalties, the order of their 3. Reclusion temporal,

respective severity shall be followed so that they may be
executed successively or as nearly as may be possible,
4. Prision mayor,
should a pardon have been granted as to the penalty or
penalties first imposed, or should they have been served
out. 5. Prision correccional,

For the purpose of applying the provisions of the next 6. Arresto mayor,
preceding paragraph the respective severity of the
penalties shall be determined in accordance with the 7. Destierro,
following scale:
8. Arresto menor,
1. Death,
9. Public censure,
2. Reclusion perpetua,
10. Fine.
3. Reclusion temporal,
SCALE NO. 2
4. Prision mayor,
1. Perpetual absolute disqualification,
5. Prision correccional,
 2. Temporal absolute disqualification
and 4
months.
3. Suspension from public office, the
right to vote and be voted for, the right to Prision mayor,
From 6 From 8
follow a profession or calling, absolute From 6 From 10
years years
disqualificatio years years
and 1 and 1
4. Public censure, n and special and 1 and 1
day to day to
temporary day to 8 day to 12
12 10
disqualificatio years. years.
5. Fine. years. years.
n

Article 72 Preference in the payment of the civil liabilities. - From 2

From 6
The civil liabilities of a person found guilty of two or more years, 4 From 4
From 6 months
offenses shall be satisfied by following the chronological Prision months years, 2
months and 1
order of the dates of the judgments rendered against him, correccional, and 1 months
and 1 day to 2
beginning with the first in order of time. suspension day to 4 and 1
day to 6 years
and destierro years day to 6
years. and 4
and 2 years.
Section Three. - Provisions common in the last two months.
months.
preceding sections
From 1 From 2 From 4
Article 73. Presumption in regard to the imposition of month From 1 months months
accessory penalties. - Whenever the courts shall impose a Arresto mayor and 1 to 2 and 1 and 1
penalty which, by provision of law, carries with it other day to months. day to 4 day to 6
penalties, according to the provisions of Articles 40, 41, months. months. months.
42, 43 and 44 of this Code, it must be understood that the
accessory penalties are also imposed upon the convict. From 1 From 1 From 11 From 21
Arresto menor to 30 to 10 to 20 to 30
days. days. days. days.
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 Article 77. When the penalty is a complex one composed
specially designating the name of the former, if such of three distinct penalties. - In cases in which the law
higher penalty should be that of death, the same penalty prescribes a penalty composed of three distinct penalties,
and the accessory penalties of Article 40, shall be each one shall form a period; the lightest of them shall be
considered as the next higher penalty. the minimum the next the medium, and the most severe
the maximum period.
Article 75. Increasing or reducing the penalty of fine by
one or more degrees. - Whenever it may be necessary to Whenever the penalty prescribed does not have one of the
increase or reduce the penalty of fine by one or more forms specially provided for in this Code, the periods shall
degrees, it shall be increased or reduced, respectively, for be distributed, applying by analogy the prescribed rules.
each degree, by one-fourth of the maximum amount
prescribed by law, without however, changing the
minimum. Chapter Five
EXECUTION AND SERVICE OF PENALTIES
The same rules shall be observed with regard of fines that
do not consist of a fixed amount, but are made Section One. - General Provisions
proportional.
Article 78. When and how a penalty is to be executed. - No
Article 76. Legal period of duration of divisible penalties. - penalty shall be executed except by virtue of a final
The legal period of duration of divisible penalties shall be judgment.
considered as divided into three parts, forming three
periods, the minimum, the medium, and the maximum in A penalty shall not be executed in any other form than that
the manner shown in the following table: prescribed by law, nor with any other circumstances or
incidents than those expressly authorized thereby.
TABLE SHOWING THE DURATION OF DIVISIBLE
PENALTIES AND THE TIME INCLUDED IN EACH OF THEIR In addition to the provisions of the law, the special
PERIODS 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
Penalties Time Time Time Time performed, the time of its performance, and other
incidents connected therewith, the relations of the
include convicts among themselves and other persons, the relief
included include included
d in the which they may receive, and their diet.
in its d in its in its
penalty
minimu medium maximu
in its
m period period m The regulations shall make provision for the separation of
entirety
the sexes in different institutions, or at least into different
From 12 From 14 departments and also for the correction and reform of the
From 12 From 17 convicts.
years years, 8
years years, 4
and 1 months
Reclusion and 1 months
day to and 1 Article 79. Suspension of the execution and service of the
temporal day to and 1
14 years day to penalties in case of insanity. - When a convict shall
20 day to 20
and 8 17 become insane or an imbecile after final sentence has
years. years.
months. years 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 80. Suspension of sentence of minor delinquents. -
Whenever a minor of either sex, under sixteen years of
age at the date of the commission of a grave or less grave
felony, is accused thereof, the court, after hearing the
evidence in the proper proceedings, instead of
pronouncing judgment of conviction, shall suspend all
further proceedings and shall commit such minor to the
custody or care of a public or private, benevolent or
charitable institution, established under the law of the
care, correction or education of orphaned, homeless,
defective, and delinquent children, or to the custody or
care of any other responsible person in any other place
subject to visitation and supervision by the Director of
Public Welfare or any of his agents or representatives, if
there be any, or otherwise by the superintendent of public
schools or his representatives, subject to such conditions
as are prescribed hereinbelow until such minor shall have
reached his majority age or for such less period as the
court may deem proper. The court, in committing said
minor as provided above, shall take into consideration the
religion of such minor, his parents or next of kin, in order
to avoid his commitment to any private institution not
under the control and supervision of the religious sect or
denomination to which they belong.
The Director of Public Welfare or his duly authorized
representatives or agents, the superintendent of public
schools or his representatives, or the person to whose
custody or care the minor has been committed, shall
submit to the court every four months and as often as
required in special cases, a written report on the good or
bad conduct of said minor and the moral and intellectual
progress made by him.
The suspension of the proceedings against a minor may
be extended or shortened by the court on the
recommendation of the Director of Public Welfare or his
authorized representative or agents, or the superintendent
of public schools or his representatives, according as to
whether the conduct of such minor has been good or not
and whether he has complied with the conditions imposed
upon him, or not. The provisions of the first paragraph of
this article shall not, however, be affected by those
contained herein.
If the minor has been committed to the custody or care of
any of the institutions mentioned in the first paragraph of
this article, with the approval of the Director of Public
Welfare and subject to such conditions as this official in
accordance with law may deem proper to impose, such
minor may be allowed to stay elsewhere under the care of
a responsible person.
If the minor has behaved properly and has complied with
the conditions imposed upon him during his confinement,
in accordance with the provisions of this article, he shall
be returned to the court in order that the same may order
his final release.
In case the minor fails to behave properly or to comply
with the regulations of the institution to which he has been
committed or with the conditions imposed upon him when
he was committed to the care of a responsible person, or
in case he should be found incorrigible or his continued
stay in such institution should be inadvisable, he shall be
returned to the court in order that the same may render
the judgment corresponding to the crime committed by
him.
The expenses for the maintenance of a minor delinquent
confined in the institution to which he has been
committed, shall be borne totally or partially by his
parents or relatives or those persons liable to support
him, if they are able to do so, in the discretion of the court;
Provided, That in case his parents or relatives or those
persons liable to support him have not been ordered to
pay said expenses or are found indigent and cannot pay
said expenses, the municipality in which the offense was
committed shall pay one-third of said expenses; the
province to which the municipality belongs shall pay one-
third; and the remaining one-third shall be borne by the
National Government: Provided, however, That whenever
the Secretary of Finance certifies that a municipality is not
able to pay its share in the expenses above mentioned,
such share which is not paid by said municipality shall be
borne by the National Government. Chartered cities shall
pay two-thirds of said expenses; and in case a chartered
city cannot pay said expenses, the internal revenue
allotments which may be due to said city shall be withheld
and applied in settlement of said indebtedness in
accordance with section five hundred and eighty-eight of
the Administrative Code.
Section Two. - Execution of principal penalties.
Article 81. When and how the death penalty is to be
executed. - The death sentence shall be executed with
reference to any other and shall consist in putting the
person under sentence to death by electrocution. The
death sentence shall be executed under the authority of
the Director of Prisons, endeavoring so far as possible to
mitigate the sufferings of the person under sentence
during electrocution as well as during the proceedings
prior to the execution.
If the person under sentence so desires, he shall be
anaesthetized at the moment of the electrocution.
Article 82. Notification and execution of the sentence and
assistance to the culprit. - The court shall designate a
working day for the execution but not the hour thereof;
and such designation shall not be communicated to the
offender before sunrise of said day, and the execution
shall not take place until after the expiration of at least
eight hours following the notification, but before sunset.
During the interval between the notification and the
execution, the culprit shall, in so far as possible, be
furnished such assistance as he may request in order to
be attended in his last moments by priests or ministers of
the religion he professes and to consult lawyers, as well
as in order to make a will and confer with members of his
family or persons in charge of the management of his
business, of the administration of his property, or of the
care of his descendants.
Article 83. Suspension of the execution of the death
sentence. - The death sentence shall not be inflicted upon
a woman within the three years next following the date of
the sentence or while she is pregnant, nor upon any
person over seventy years of age. In this last case, the
death sentence shall be commuted to the penalty of
reclusion perpetua with the accessory penalties provided
in Article 40.
Article 84. Place of execution and persons who may
witness the same. - The execution shall take place in the
penitentiary of Bilibid in a space closed to the public view
and shall be witnessed only by the priests assisting the
offender and by his lawyers, and by his relatives, not
exceeding six, if he so request, by the physician and the
necessary personnel of the penal establishment, and by
such persons as the Director of Prisons may authorize.
Article 85. Provisions relative to the corpse of the person
executed and its burial. - Unless claimed by his family, the
corpse of the culprit shall, upon the completion of the
legal proceedings subsequent to the execution, be turned
over to the institute of learning or scientific research first
applying for it, for the purpose of study and investigation,
provided that such institute shall take charge of the
decent burial of the remains. Otherwise, the Director of
Prisons shall order the burial of the body of the culprit at
government expense, granting permission to be present
thereat to the members of the family of the culprit and the
friends of the latter. In no case shall the burial of the body
of a person sentenced to death be held with pomp.
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.
Article 87. Destierro. - Any person sentenced to destierro
shall not be permitted to enter the place or places
designated in the sentence, nor within the radius therein
specified, which shall be not more than 250 and not less
than 25 kilometers from the place designated.
Article 88. Arresto menor. - The penalty of arresto
menor shall be served in the municipal jail, or in the house
of the defendant himself under the surveillance of an
officer of the law, when the court so provides in its
decision, taking into consideration the health of the
offender and other reasons which may seem satisfactory
to it.
Title Four
EXTINCTION OF CRIMINAL LIABILITY
Chapter One
TOTAL EXTINCTION OF CRIMINAL LIABILITY
Article 89. How criminal liability is totally extinguished. -
Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal
penalties and as to pecuniary penalties, liability
therefor is extinguished only when the death of
the offender occurs before final judgment.
2. By service of the sentence;
3. By amnesty, which completely extinguishes the
penalty and all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman, as
provided in Article 344 of this Code.
Article 90. Prescription of crime. - Crimes punishable by
death, reclusion perpetua or reclusion temporal shall
prescribe in twenty years.
Crimes punishable by other afflictive penalties shall
prescribe in fifteen years.
Those punishable by a correctional penalty shall prescribe
in ten years; with the exception of those punishable
byarresto mayor, which shall prescribe in five years.
The crime of libel or other similar offenses shall prescribe
in one year.
The crime of oral defamation and slander by deed shall
prescribe in six months.
Light offenses prescribe in two months.
When the penalty fixed by law is a compound one, the
highest penalty shall be made the basis of the application
of the rules contained in the first, second and third
paragraphs of this article. (As amended by RA 4661,
approved June 19, 1966).
Article 91. Computation of prescription of offenses. - The
period of prescription shall commence to run from the day
on which the crime is discovered by the offended party,
the authorities, or their agents, and shall be interrupted by
the filing of the complaint or information, and shall
commence to run again when such proceedings terminate
without the accused being convicted or acquitted, or are
unjustifiably stopped for any reason not imputable to him.
The term of prescription shall not run when the offender is
absent from the Philippine Archipelago.
Article 92. When and how penalties prescribe. - The
penalties imposed by final sentence prescribe as follows:
1. Death and reclusion perpetua, in twenty years;
2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with the
exception of the penalty of arresto mayor, which
prescribes in five years;
4. Light penalties, in one year.
Article 93. Computation of the prescription of penalties. -
The period of prescription of penalties shall commence to
run from the date when the culprit should evade the
service of his sentence, and it shall be interrupted if the
defendant should give himself up, be captured, should go
to some foreign country with which this Government has
no extradition treaty, or should commit another crime
before the expiration of the period of prescription.
Chapter Two
PARTIAL EXTINCTION OF CRIMINAL LIABILITY
Article 94. Partial Extinction of criminal liability. - Criminal
liability is extinguished partially:
1. By conditional pardon;
 2. By commutation of the sentence; and
3. For good conduct allowances which the culprit
may earn while he is serving his sentence.
Article 95. Obligation incurred by person granted
conditional pardon. - Any person who has been granted
conditional pardon shall incur the obligation of complying
strictly with the conditions imposed therein otherwise, his
non-compliance with any of the conditions specified shall
result in the revocation of the pardon and the provisions
of Article 159 shall be applied to him.
Article 96. Effect of commutation of sentence. - The
commutation of the original sentence for another of a
different length and nature shall have the legal effect of
substituting the latter in the place of the former.
Article 97. Allowance for good conduct. - The good
conduct of any prisoner in any penal institution shall
entitle him to the following deductions from the period of
his sentence:
1. During the first two years of his imprisonment,
he shall be allowed a deduction of five days for
each month of good behavior;
2. During the third to the fifth year, inclusive, of
his imprisonment, he shall be allowed a deduction
of eight days for each month of good behavior;
3. During the following years until the tenth year,
inclusive, of his imprisonment, he shall be
allowed a deduction of ten days for each month of
good behavior; and
4. During the eleventh and successive years of his
imprisonment, he shall be allowed a deduction of
fifteen days for each month of good behaviour.
Article 98. Special time allowance for loyalty. - A deduction
of one-fifth of the period of his sentence shall be granted
to any prisoner who, having evaded the service of his
sentence under the circumstances mentioned in Article 58
of this Code, gives himself up to the authorities within 48
hours following the issuance of a proclamation
announcing the passing away of the calamity or
catastrophe to in said article.
Article 99. Who grants time allowances. - Whenever
lawfully justified, the Director of Prisons shall grant
allowances for good conduct. Such allowances once
granted shall not be revoked.
Title Five
CIVIL LIABILITY
Chapter One
PERSON CIVILLY LIABLE FOR FELONIES
Article 100. Civil liability of a person guilty of felony. -
Every person criminally liable for a felony is also civilly
liable.
Article 101. Rules regarding civil liability in certain cases. -
The exemption from criminal liability established in
subdivisions 1, 2, 3, 5 and 6 of Article 12 and in
subdivision 4 of Article 11 of this Code does not include
exemption from civil liability, which shall be enforced
subject to the following rules:
First. In cases of subdivisions 1, 2, and 3 of Article 12, the
civil liability for acts committed by an imbecile or insane
person, and by a person under nine years of age, or by
one over nine but under fifteen years of age, who has
acted without discernment, shall devolve upon those
having such person under their legal authority or control,
unless it appears that there was no fault or negligence on
their part.
Should there be no person having such insane, imbecile
or minor under his authority, legal guardianship or
control, or if such person be insolvent, said insane,
imbecile, or minor shall respond with their own property,
excepting property exempt from execution, in accordance
with the civil law.
Second. In cases falling within subdivision 4 of Article 11,
the persons for whose benefit the harm has been
prevented shall be civilly liable in proportion to the benefit
which they may have received.
The courts shall determine, in sound discretion, the
proportionate amount for which each one shall be liable.
When the respective shares cannot be equitably
determined, even approximately, or when the liability also
attaches to the Government, or to the majority of the
inhabitants of the town, and, in all events, whenever the
damages have been caused with the consent of the
authorities or their agents, indemnification shall be made
in the manner prescribed by special laws or regulations.
Third. In cases falling within subdivisions 5 and 6 of
Article 12, the persons using violence or causing the fears
shall be primarily liable and secondarily, or, if there be no
such persons, those doing the act shall be liable, saving
always to the latter that part of their property exempt from
execution.
Article 102. Subsidiary civil liability of innkeepers,
tavernkeepers and proprietors of establishments. - In
default of the persons criminally liable, innkeepers,
tavernkeepers, and any other persons or corporations
shall be civilly liable for crimes committed in their
establishments, in all cases where a violation of municipal
ordinances or some general or special police regulation
shall have been committed by them or their employees.
Innkeepers are also subsidiarily liable for the restitution of
goods taken by robbery or theft within their houses from
guests lodging therein, or for the payment of the value
thereof, provided that such guests shall have notified in
advance the innkeeper himself, or the person representing
him, of the deposit of such goods within the inn; and shall
furthermore have followed the directions which such
innkeeper or his representative may have given them with
respect to the care and vigilance over such goods. No
liability shall attach in case of robbery with violence
against or intimidation of persons unless committed by
the innkeeper's employees.
Article 103. Subsidiary civil liability of other persons. - The
subsidiary liability established in the next preceding
article shall also apply to employers, teachers, persons,
and corporations engaged in any kind of industry for
felonies committed by their servants, pupils, workmen,
apprentices, or employees in the discharge of their duties.
Chapter Two
WHAT CIVIL LIABILITY INCLUDES
Article 104. What is included in civil liability. - The civil
liability established in Articles 100, 101, 102, and 103 of
this Code includes:
1. Restitution;
Article 111. Obligation to make restitution in certain
cases. - Any person who has participated gratuitously in
the proceeds of a felony shall be bound to make
restitution in an amount equivalent to the extent of such
participation.

2. Reparation of the damage caused; Chapter Three

3. Indemnification for consequential damages.
Article 105. Restitution; How made. - The restitution of the
thing itself must be made whenever possible, with
allowance for any deterioration, or diminution of value as
determined by the court.
The thing itself shall be restored, even though it be found
in the possession of a third person who has acquired it by
lawful means, saving to the latter his action against the
proper person, who may be liable to him.
This provision is not applicable in cases in which the thing
has been acquired by the third person in the manner and
under the requirements which, by law, bar an action for its
recovery.
EXTINCTION AND SURVIVAL OF CIVIL LIABILITY
Article 112. Extinction of civil liability. - Civil liability
established in Articles 100, 101, 102, and 103 of this Code
shall be extinguished in the same manner as obligations,
in accordance with the provisions of the Civil Law.
Article 113. Obligation to satisfy civil liability. - Except in
case of extinction of his civil liability as provided in the
next preceding article the offender shall continue to be
obliged to satisfy the civil liability resulting from the crime
committed by him, notwithstanding the fact that he has
served his sentence consisting of deprivation of liberty or
other rights, or has not been required to serve the same
by reason of amnesty, pardon, commutation of sentence
or any other reason.

Article 106. Reparation; How made. - The court shall

determine the amount of damage, taking into
consideration the price of the thing, whenever possible,
and its special sentimental value to the injured party, and
reparation shall be made accordingly.

Article 107. Indemnification; What is included. -

Indemnification for consequential damages shall include
not only those caused the injured party, but also those
suffered by his family or by a third person by reason of the
crime.

Article 108. Obligation to make restoration, reparation for

damages, or indemnification for consequential damages
and actions to demand the same; Upon whom it
devolves. - The obligation to make restoration or
reparation for damages and indemnification for
consequential damages devolves upon the heirs of the
person liable.

The action to demand restoration, reparation, and

indemnification likewise descends to the heirs of the
person injured.

Article 109. Share of each person civilly liable. - If there are

two or more persons civilly liable for a felony, the courts
shall determine the amount for which each must respond.

Article 110. Several and subsidiary liability of principals,

accomplices and accessories of a felony; Preference in
payment. - Notwithstanding the provisions of the next
preceding article, the principals, accomplices, and
accessories, each within their respective class, shall be
liable severally (in solidum) among themselves for their
quotas, and subsidiaries for those of the other persons
liable.

The subsidiary liability shall be enforced, first against the

property of the principals; next, against that of the
accomplices, and, lastly, against that of the accessories.

Whenever the liability in solidum or the subsidiary liability

has been enforced, the person by whom payment has
been made shall have a right of action against the others
for the amount of their respective shares.