Está en la página 1de 5

a. Memorize Article 16. 2.

Cooperation in the commision of the offense by


Article 16. Who are criminally liable. The following are criminally performing another act, without which it would not have
liable for grave and less grave felonies: been accomplished
1. Principals
2. Accomplices  Discuss People v. Dulay
3. Accessories  Discuss People v. Sanchez
The following are criminally liable for light felonies:
1. Principals e. Memorize Article 18.
2. Accomplices Article 18. Accomplices. Accomplices are those persons who, not
being included in Article 17, cooperate in the execution of the offense
b. May a corporation be held criminally liable? by previous or simultaneous acts.
The officers, not the corporation, are criminally liable if a crime is
committed by a corporation or other juridical entity. The directors, f. Distinguish between an accomplice and a conspirator.
officers, or employees responsible for the offense shall be charged Conspirators:
and penalized for the crime, precisely because of the nature of the  Have decided upon the commission of the crime
crime and the penalty therefor.
 Decide that a crime should be committed
A corporation cannot be arrested and imprisoned, hence, cannot be
penalized for a crime punishable by IMPRISONMENT.  The authors of the crime
 Once established, the liability is COLLECTIVE and not
However, under certain special laws, corporations may be FINED for individual (the act of one is the act of all)
violations of their provisions. Accomplice - one who knows the criminal design of the principal and
Special Laws:: cooperates knowingly or intentionally therewith by an act which,
1. B.P. Blg. 68 Corporation Code of the PH EVEN IF NOT RENDERED, the crime would be committed just the
2. Com. Act. No. 146 Public Service Law same
3. Securities Law  Knows about the criminal intention AFTER the principals
4. Election Code have already agreed upon it
Corporations may be the PASSIVE subject (the injured party) of a  Merely concur in the commission
crime but only natural persons can be an ACTIVE subject (the  Do not decide whether the crime should be committed
offender.)  Merely assent to the plan and cooperate in its
accomplishment
c. Memorize Article 17.
 Merely instruments who perform acts not essential to the
Article 17. Principals. The following are considered principals:
perpetration of the offense
1. Those who take a direct part in the execution of the act;
2. Those who directly force or induce others to commit it;  Liability is one degree lower than that of a principal
3. Those who cooperate in the commission of the offense by
another act without which it would not have been  Discuss People v. De Vera
accomplished.
g. What are the requisites before a person is considered an
d. Discuss the 3 kinds of principals and their respective accomplice?
requisites. 1. The community of criminal design, that is, knowing the
1. Principal by Direct Participation criminal design of the principal by direct participation, he
Requisites: concurs with the latter in his purpose
1. That they participated in the criminal resolution 2. The performance of previous or simultaneous acts that are
2. That they carried out their plan and personally took part in not indispensable to the commission of the crime
its execution by acts which directly tended to the same
end h. Memorize Article 19.
Article 19. Accessories. Accessories are those who, having knowledge
2. Principal by Inducement of the commission of the crime, and without having participated
Requisites: therein, either as principals or accomplices, take part subsequent to
1. That the inducement be made directly with the intention its commission in any of the following manners:
of procuring the commission of the crime 1. By profiting themselves or assisting the offender to profit
2. That such inducement be the determining cause of the by the effects of the crime.
commission of the crime by the material executor 2. By concealing or destroying the body of the crime, or the
effects or instruments thereof, in order to prevent its
2 ways of becoming principal by inducement/induction: discovery.
a. By directly FORCING another to commit a crime - using 3. By harboring, concealing, or assisting in the escape of the
irresistible force // or causing uncontrollable fear principals of the crime, provided the accessory acts with
b. By directly INDUCING another to commit a crime abuse of his public functions or whenever the author of the
crime is guilty of treason, parricide, murder, or an attempt
3. Principal by Indispensable Cooperation to take the life of the Chief Executive, or is known to be
Requisites: habitually guilty of some other crime.
1. Participation in the criminal resolution, that is, there is
either anterior conspiracy or unity of criminal purpose and i. Discuss the 3 kinds of accessories.
intention immediately before the commission of the crime 1. By profiting themselves or assisting the offender to profit
charged by the effects of the crime.
2. By concealing or destroying the body of the crime, or the 4. Exemplarity - the criminal is punished to serve as an
effects or instruments thereof, in order to prevent its example to deter others from committing crimes
discovery. 5. Justice - that crime must be punished by the State as an
3. By harboring, concealing, or assisting in the escape of the act of retributive justice, a vindication of absolute right
principals of the crime, provided the accessory acts with and moral law violated by the criminal
abuse of his public functions or whenever the author of
the crime is guilty of treason, parricide, murder, or an q. Discuss Article 22.
attempt to take the life of the Chief Executive, or is known Article 22. Retroactive effect of penal laws. Penal laws shall have a
to be habitually guilty of some other crime. [2 Classes of retroactive effect insofar as they favor the persons guilty of a felony,
Accessories: (1) Public officers; (2) Private persons] 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
j. Discuss Vino v. People such laws a final sentence has been pronounced and the convict is
serving the same.
k. Read Presidential Decree No. 1612 (Anti-Fencing Act of
1979) When the culprit is a HABITUAL DELINQUENT, he is not entitled to
the benefit of the provisions of the new favorable statute.
 Who is a fence?
A fence is any person, firm, association corporation or partnership or r. Who is a habitual delinquent?
other organization who/which commits the act of fencing. [Rule 5, Article 62] A person shall be deemed to be [a] habitual
Fencing - the act of any person who, with intent to gain for himself delinquent, if within a period of 10 years from the date of his release
or for another, shall buy, receive, possess, keep, acquire, conceal, or last conviction of the crimes of serious or less serious physical
sell or dispose of, or shall buy and sell, or in any other manner deal injuries, robo, hurto, estafa, or falsification, he is found guilty of any
in any article, item, object or anything of value which he knows, or of said crimes a third time or oftener.
should be known to him, to have been derived from the proceeds of
the crime of robbery or theft.

 Discuss Dizon-Pamintuan v. People s. Discuss Article 23.


Article 23. Effect of pardon by the offended party. A pardon of the
l. Memorize and discuss Article 20. offended party does not extinguish criminal action except as
Article 20. Accessories who are exempt from criminal liability. The provided in Article 344 of this Code, but civil liability with regard to
penalties prescribed for accessories shall not be imposed upon those the interest of the injured party is extinguished by his express
who are such with respect to their spouses, ascendants, waiver.
descendants, legitimate, natural, and adopted brothers and sisters,
or relatives by affinity within the same degrees, with the single t. Discuss Article 25 in relation to Article 27 - Duration of
exception of accessories falling within the provisions of paragraph 1 Penalties
of the next preceding article. [(Art. 19) By profiting themselves or Article 25. Penalties which may be imposed. The penalties which
assisting the offender to profit by the effects of the crime.] may be imposed according to this Code, and their different classes,
are those included in the following:
m. Discuss Article 21.
Article 21. Penalties that may be imposed. No felony shall be Scale
punishable by any penalty not prescribed by law prior to its Principal Penalties
commission. Capital punishment:
Death
n. What is a penalty? Afflictive penalties:
A penalty is the suffering that is inflicted by the State for the Reclusion perpetua - Any person sentenced to any of the perpetual
transgression of a law. penalties shall be pardoned after undergoing the penalty for 30
years, unless such person by reason of his conduct or some other
o. What is the purpose of the state in punishing crimes? serious cause shall be considered by the Chief Executive as unworthy
To secure justice. The State has an existence of its own to maintain, of pardon.
a conscience of its own to assert, and moral principles to be Reclusion temporal - The penalty of reclusion temporal shall be
vindicated. from 12 years and 1 day to 20 years.
Penal justice must therefore be exercised by the State in the service Perpetual or temporary absolute disqualification
and satisfaction of a duty, and rests primarily on the moral Perpetual or temporary special disqualification
rightfulness of the punishment inflicted. Prision mayor (and temporary disqualification) - The duration of the
penalties of prision mayor and temporary disqualification shall be
p. Discuss the theories justifying penalty. from 6 years and 1 day to 12 years, except when the penalty of
1. Prevention - the State must punish the criminal to prevent disqualification is imposed as an accessory penalty, in which case its
or suppress the danger to the State arising from the duration shall be that of the principal penalty.
criminal acts of the offender Correctional penalties:
2. Self-defense - the State has a right to punish the criminal Prision correccional (suspension + destierro) - The duration of the
as a measure of self-defense so as to protect society from penalties of prision correccional, suspension and destierro shall be
the threat and wrong inflicted by the criminal. from 6 months and 1 day to 6 years, except when suspension is
3. Reformation - the object of punishment in criminal cases is imposed as an accessory penalty, in which case, its duration shall be
to correct and reform the offender that of the principal penalty.
Arresto mayor - The duration of the penalty of arresto mayor shall to which the accused may be sentenced is destierro, he shall be
be from 1 month and 1 day to 6 months. released after 30 days of preventive imprisonment.
Suspension
Destierro Article 30. Effects of the penalties of perpetual or temporary
Light penalties absolute disqualification. - The penalties of perpetual or temporary
Arresto menor - The duration of the penalty of arresto menor shall absolute disqualification for public office shall produce the following
be from 1 day to 30 days. effects:
Public censure 1. The deprivation of the public offices and employments which the
Penalties common to the 3 preceding classes: offender >may have held even if conferred by popular election.
Fine, and 2. The deprivation of the right to vote in any election for any popular
Bond to keep the peace - The bond to keep the peace shall be office or to be elected to such office.
required to cover such period of time as the court may determine. 3. The disqualification for the offices or public employments and for
Accessory penalties the exercise of any of the rights mentioned.
Perpetual or temporary absolute disqualification In case of temporary disqualification, such disqualification as is
Perpetual or temporary special disqualification comprised in paragraphs 2 and 3 of this article shall last during the
Suspension from public office, the right to vote and be voted for, term of the sentence.
the profession or calling. 4. The loss of all rights to retirement pay or other pension for any
Civil interdiction office formerly held.
Indemnification
Forfeiture or confiscation of instruments and proceeds of the Article 31. Effect of the penalties of perpetual or temporary special
offense disqualification. - The penalties of perpetual or temporary special
Payment of costs disqualification for public office, profession or calling shall produce
the following effects:
u. What is a fine? Read Article 26 in relation to Sec. 2 of 1. The deprivation of the office, employment, profession or calling
Republic Act No. 10951. affected;
Article 26. Fine. When afflictive, correctional, or light penalty. - A 2. The disqualification for holding similar offices or employments
fine, whether imposed as a single or as an alternative penalty, shall either perpetually or during the term of the sentence according to
be considered an afflictive penalty, if it exceeds P1,200,000; a the extent of such disqualification.
correctional penalty, if it does not exceed P1,200,000 but it is not Article 32. Effect of the penalties of perpetual or temporary special
less than P40,000; and a light penalty, if it be less than P40,000. disqualification for the exercise of the right of suffrage. - The
perpetual or temporary special disqualification for the exercise of
v. Read Articles 28 to 33. the right of suffrage shall deprive the offender perpetually or during
Article 28. Computation of penalties. If the offender shall be in the term of the sentence, according to the nature of said penalty, of
prison, the term of the duration of the temporary penalties shall be the right to vote in any popular election for any public office or to be
computed from the day on which the judgment of conviction shall elected to such office. Moreover, the offender shall not be
have become final. permitted to hold any public office during the period of his
If the offender be not in prison, the term of the duration of the disqualification.
penalty consisting of deprivation of liberty shall be computed from
the day that the offender is placed at the disposal of the judicial Article 33. Effects of the penalties of suspension from any public
authorities for the enforcement of the penalty. The duration of the office, profession or calling, or the right of suffrage.- The suspension
other penalties shall be computed only from the day on which the from public office, profession or calling, and the exercise of the right
defendant commences to serve his sentence. of suffrage shall disqualify the offender from holding such office or
exercising such profession or calling or right of suffrage during the
Article 29. Period of preventive imprisonment deducted from term of term of the sentence.
imprisonment. Offenders who have undergone preventive The person suspended from holding public office shall not hold
imprisonment shall be credited in the service of their sentence another having similar functions during the period of his suspension.
consisting of deprivation of liberty, with the full time during which
they have undergone preventive imprisonment, if the detention w. Discuss Article 34.
prisoner agrees voluntarily in writing to abide by the same Article 34. Civil interdiction. - Civil interdiction shall deprive the
disciplinary rules imposed upon convicted prisoners, except in the offender during the time of his sentence of the rights of parental
following cases: authority, or guardianship, either as to the person or property of any
1. When they are recidivists or have been convicted ward, of marital authority, of the right to manage his property and
previously twice or more times of any crime; and of the right to dispose of such property by any act or any
2. When upon being summoned for the execution of their conveyance inter vivos.
sentence they have failed to surrender voluntarily.
If the detention prisoner does not agree to abide by the same x. Discuss Article 35.
disciplinary rules imposed upon convicted prisoners, he shall be Article 35. Effects of bond to keep the peace. - It shall be the duty of
credited in the service of his sentence with 4/5ths of the time during any person sentenced to give bond to keep the peace, to present
which he has undergone preventive imprisonment. two sufficient sureties who shall undertake that such person will not
Whenever an accused has undergone preventive imprisonment for a commit the offense sought to be prevented, and that in case such
period equal to or more than the possible maximum imprisonment offense be committed they will pay the amount determined by the
of the offense charged to which he may be sentenced and his case is court in the judgment, or otherwise to deposit such amount in the
not yet terminated, he shall be released immediately without office of the clerk of the court to guarantee said undertaking.
prejudice to the continuation of the trial thereof or the proceeding The court shall determine, according to its discretion, the period of
on appeal, if the same is under review. In case the maximum penalty duration of the bond.
Should the person sentenced fail to give the bond as required he to the cases seeking the enforcement of penal statutes that provide
shall be detained for a period which shall in no case exceed six for the payment of money as a penalty for the commission of the
months, is he shall have been prosecuted for a grave or less grave crime.
felony, and shall not exceed thirty days, if for a light felony.
cc. Read Articles 40 to 46.
y. Distinguish bond to keep peace from bail bond. Section Three. - Penalties in which other accessory penalties are
Bond to keep the peace or for good behavior is imposed as a penalty inherent
in threats. (Article 284) This is different from a bail bond (Rule 114, Article 40. Death; Its accessory penalties. - The death penalty, when
Revised Rules of Criminal Procedure) to secure the provisional it is not executed by reason of commutation or pardon shall carry
release of an accused person after his arrest or during trial but with it that of perpetual absolute disqualification and that of civil
before final judgment of conviction. interdiction during thirty years following the date sentence, unless
such accessory penalties have been expressly remitted in the
z. Discuss Article 36. pardon.
Article 36. Pardon; its effect. - A pardon shall not work the
restoration of the right to hold public office, or the right of suffrage, Article 41. Reclusion perpetua and reclusion temporal; Their
unless such rights be expressly restored by the terms of the pardon. accessory penalties. - The penalties of reclusion perpetua and
A pardon shall in no case exempt the culprit from the payment of reclusion temporal shall carry with them that of civil interdiction for
the civil indemnity imposed upon him by the sentence. life or during the period of the sentence as the case may be, and
that of perpetual absolute disqualification which the offender shall
Effect of pardon by the President: suffer even though pardoned as to the principal penalty, unless the
1. A pardon shall not restore the right to hold public office or same shall have been expressly remitted in the pardon.
the right of suffrage UNLESS when expressly restored by
the terms of the pardon Article 42. Prision mayor; Its accessory penalties. - The penalty of
2. It shall not exempt the culprit from the payment of civil prision mayor, shall carry with it that of temporary absolute
indemnity = the pardon cannot make an exception to this disqualification and that of perpetual special disqualification from
rule the right of suffrage which the offender shall suffer although
pardoned as to the principal penalty, unless the same shall have
 Discuss Risos-Vidal v. COMELEC and Estrada been expressly remitted in the pardon.

aa. Discuss Article 39 in relation to R.A. No. 10159. Article 43. Prision correccional; Its accessory penalties. - The penalty
Article 39. Subsidiary Penalty. – If the convict has no property with of prision correccional shall carry with it that of suspension from
which to meet the fine mentioned in paragraph 3 of the next public office, from the right to follow a profession or calling, and
preceding article, he shall be subject to a subsidiary personal liability that of perpetual special disqualification from the right of suffrage, if
at the rate of one day for each amount equivalent to the highest the duration of said imprisonment shall exceed eighteen months.
minimum wage rate prevailing in the Philippines at the time of the The offender shall suffer the disqualification provided in the article
rendition of judgment of conviction by the trial court, subject to the although pardoned as to the principal penalty, unless the same shall
following rules: have been expressly remitted in the pardon.
"1. If the principal penalty imposed be prision correctional or arresto
and fine, he shall remain under confinement until his fine referred in Article 44. Arresto; Its accessory penalties. - The penalty of arresto
the preceding paragraph is satisfied, but his subsidiary shall carry with it that of suspension of the right to hold office and
imprisonment shall not exceed one-third of the term of the the right of suffrage during the term of the sentence.
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 Article 45. Confiscation and forfeiture of the proceeds or instruments
prisoner. of the crime. - Every penalty imposed for the commission of a felony
"2. When the principal penalty imposed be only a fine, the subsidiary shall carry with it the forfeiture of the proceeds of the crime and the
imprisonment shall not exceed six months, if the culprit shall have instruments or tools with which it was committed.
been prosecuted for a grave or less grave felony, and shall not Such proceeds and instruments or tools shall be confiscated and
exceed fifteen days, if for a fight felony. forfeited in favor of the Government, unless they be property of a
"3. When the principal penalty imposed is higher than prision third person not liable for the offense, but those articles which are
correctional, no subsidiary imprisonment shall be imposed upon the not subject of lawful commerce shall be destroyed.
culprit.
"4. If the principal penalty imposed is not to be executed by Section One. - Rules for the application of penalties to the persons
confinement in a penal institution, but such penalty is of fixed criminally liable and for the graduation of the same.
duration, the convict, during the period of time established in the Article 46. Penalty to be imposed upon principals in general. - The
preceding rules, shall continue to suffer the same deprivations as penalty prescribed by law for the commission of a felony shall be
those of which the principal penalty consists. imposed upon the principals in the commission of such felony.
"5. The subsidiary personal liability which the convict may have Whenever the law prescribes a penalty for a felony is general terms,
suffered by reason of his insolvency shall not relieve him from the it shall be understood as applicable to the consummated felony.
fine in case his financial circumstances should improve."
dd. Discuss Article 47.
bb. Does subsidiary imprisonment violate a person’s right not Article 47. In what cases the death penalty shall not be imposed. -
be imprisoned for non-payment of a debt? The death penalty shall be imposed in all cases in which it must be
No, subsidiary imprisonment is not imprisonment for debt. The laws imposed under existing laws, except in the following cases:
which prohibit imprisonment for debt relate to the imprisonment of 1. When the guilty person be more than seventy years of age.
debtors for liability incurred in the fulfillment of contracts, but not
2. When upon appeal or revision of the case by the Supreme court, Plurality of crimes consists in the successive execution by the same
all the members thereof are not unanimous in their voting as to the individual of different criminal acts upon any of which no conviction
propriety of the imposition of the death penalty. For the imposition has yet been declared.
of said penalty or for the confirmation of a judgment of the inferior
court imposing the death sentence, the Supreme Court shall render kk. What are the kinds of plurality of crimes?
its decision per curiam, which shall be signed by all justices of said 1. Formal or Ideal Plurality - Article 48 provides for 2 cases of
court, unless some member or members thereof shall have been this. There is but one criminal liability in this kind of
disqualified from taking part in the consideration of the case, in plurality. There is only 1 penalty.
which even the unanimous vote and signature of only the remaining 2. Real or Material Plurality - there are different crimes in law
justices shall be required. as well as in the conscience of the offender. In such cases,
the offender shall be punished for each and every offense
ee. When is the death penalty not imposed? that he has committed.
Death penalty is not imposed in the following cases: Example of Real - A stabbed B with a knife. Then, A also stabbed C.
1. When the guilty person is below 18 years of age at the There are 2 crimes committed and 2 acts performed
time of the commission of the crime.
2. When the guilty person is more than 70 years of age. 3 Kinds of Formal Plurality
3. When upon appeal or automatic review of the case by the 1. When the offender commits any of the complex crimes
Supreme Court, the vote of eight members is not obtained defined in Article 48 of the Code.
for the imposition of the death penalty. 2. When the law specifically fixes a single penalty for 2 or
more offenses committed.
ff. Discuss Article 48. Example:
Article 48. Penalty for complex crimes. - When a single act  Robbery with homicide (Art. 294)
constitutes two or more grave or less grave felonies, or when an  Kidnapping with serious physical injuries (Ar.t. 267)
offense is a necessary means for committing the other, the penalty 3. When the offender commits continued crimes.
for the most serious crime shall be imposed, the same to be applied
in its maximum period. ll. What is a continued crime?
A continued (continues or continuing) crime is a single crime,
gg. What is a complex crime? consisting of a series of acts but all arising from one criminal
In complex crime, although 2 or more crimes are actually resolution.
committed, they constitute only one crime in the eyes of the law as A continuing offense is a continuous, unlawful act or series of acts
well as in the conscience of the offender. The offender has only one set on foot by a single impulse and operated by an unintermittent
criminal intent. Even in the case where an offense is a necessary force, however long a time it may occupy.
means for committing the other, the evil intent of the offender is Although there is a series of acts, there is only 1 crime committed,
only one. Hence, there is only one penalty imposed for the hence, only 1 penalty shall be imposed.
commission of a complex crime.
mm. Distinguish between a continued crime and a complex
hh. What are the 2 kinds of complex crimes? crime.
1. When a single act constitutes 2 or more grave or less grave The offender in continued or continuous crime does not perform a
felonies. [COMPOUND CRIME] single act, but a series of acts, and one offense is not a necessary
2. When an offense is a necessary means for committing the means for committing the other. Not being a complex crime, the
other. [COMPLEX CRIME PROPER] penalty for continued crime is not to be imposed in the maximum
period.
ii. What is a special complex crime or a composite crime?
A special complex crime, or more properly a composite crime has its nn. What is a transitory crime?
own definition and special penalty in the Revised Penal Code, They When a transitory crime is committed, the criminal action may be
do not consist of a single act giving rise to 2 or more grave or less instituted and tried in the court of the municipality, city, or province
grave felonies (compound crimes), nor do they involve an offense wherein any of the essential ingredients thereof took place.
being a necessary means to commit another (complex crime proper) A transitory crime, also called a moving crime, is kidnapping a
BUT only a single penalty is imposed for each of such composite person for the purpose of ransom, by forcibly taking the victim from
crimes although composed of 2 or more offenses. Manila to Bulacan where ransom was demanded. The offenders
EXAMPLES: could be prosecuted and tried either in Manila or in Bulacan.
Robbery with Homicide Different from continued crime in terms of determining venue in
Rape with Homicide criminal procedure.
 In a special complex crime, even if there are aggravating
circumstances such as TREACHERY, the killing will not
qualify the homicide to murder, the crime would still be
Rape with Homicide or Robbery with Homicide.
 The Treachery would only be regarded as a generic
aggravating circumstance, not to be considered to add to
the penalty but may be considered to add to the CIVIL
indemnity

 Discuss People v. Jugueta

jj. What is plurality of crimes?