Crimnal Law Book 1 Art 30-113

Art. 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.

·        The exclusion is a mere disqualification for protection and not for punishment – the withholding of a privilege, not a denial of a right.

·        Perpetual absolute disqualification is effective during the lifetime of the convict and even after the service of the sentence.

·        Temporary absolute disqualification is effective during the term of sentence and is removed after the service of the same. Exception: (1) deprivation of the public office or employment; (2) loss of all rights to retirement pay or other pension for any office formerly held.

·        Effects of Perpetual and temporary absolute disqualification:

a       Deprivation of any public office or employment of offender

b       Deprivation of the right to vote in any election or to be voted upon

c       Loss of rights to retirement pay or pension

d       All these effects last during the lifetime of the convict and even after the service of the sentence except as regards paragraphs 2 and 3 of the above in connection with Temporary Absolute Disqualification.

Art. 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.

Art. 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.

·        Temporary disqualification if imposed is an accessory penalty, its duration is that of the principal penalty

·        Effects of Perpetual and Temporary Special Disqualification

a.  For public office, profession, or calling

1.     Deprivation of the office, employment, profession or calling affected

2.     Disqualification for holding similar offices or employment during the period of disqualification

      b. For the exercise of the right of suffrage

1.     Deprivation of the right to vote or to be elected in an office.

2.     Cannot hold any public office during the period of disqualification.

Art. 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.

·        Effects:

a       Disqualification from holding such office or the exercise of such profession or right of suffrage during the term of the sentence.

b       Cannot hold another office having similar functions during the period of suspension.

Art. 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.

·        Effects:

a.  Deprivation of the following rights:

1.     Parental rights

2.     Guardianship over the ward

3.     Martial authority

4.     Right to manage property and to dispose of the same by acts inter vivos

b. Civil Interdiction is an accessory penalty to the following principal penalties

1.     If death penalty is commuted to life imprisonment

2.     Reclusion perpetua

3.     Reclusion temporal

·        He can dispose of such property by will or donation mortis causa

Art. 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.

·        Bond to keep the peace is different from bail bond which is posted for the provisional release of a person arrested for or accused of a crime. Bond to keep the peace or for good behavior is imposed as a penalty in threats.

Art. 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.

·        Pardon by the President does not restore the right to public office or suffrage except when both are expressly restored in the pardon. Nor does it exempt from civil liability/from payment of civil indemnity.

·        Limitations to President’s power to pardon:

a       can be exercised only after final judgment

b       does not extend to cases of impeachment

c       does not extinguish civil liability – only criminal liability

·        Pardon granted in general terms does not include accessory penalties.

·        Exceptions:

1. if the absolute pardon us granted after the term of imprisonment has expire, it removes all that is left of the consequences of conviction. However, if the penalty is life imprisonment and after the service of 30 years, a pardon is granted, the pardon does not remove the accessory penalty of absolute perpetual disqualification

2. if the facts and circumstances of the case show that the purpose of the President is to precisely restore the rights i.e., granting absolute pardon after election to a post (mayor) but before the date fixed by law for assuming office to enable him to assume the position in deference to the popular will

·        Pardon by the offended party – does not extinguish criminal liability, may include offended party waiving civil indemnity and it is done before the institution of the criminal prosecution and extended to both offenders.

Art. 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.

·        Costs include:

1. fees

2. indemnities in the course of judicial proceedings

·        Costs (expenses of the litigation) are chargeable to the accused in vase of conviction.

·        In case of acquittal, the costs are de oficio, each party bearing is own expense

·        No costs allowed against the Republic of the Philippines until law provides the contrary

Art. 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.

·        Applicable “in case property of the offender should not be sufficient for the payment of all his pecuniary liabilities.” Hence, if the offender has insufficient or no property, there is no use for Art 38.

·        Order of payment is mandatory

·        Example:  Juan inflicted serious physical injuries against Pedro and took the latter’s watch and ring. He incurred 500 worth of hospital bills and failed to earn 300 worth of salary. Given that Juan only has 1000 pesos worth of property not exempt from execution, it shall be first applied to the payment of the watch and ring which cannot be returned as such is covered by “reparation of the damage caused” thus, no. 1 in the order of payment. The 500 and 300 are covered by “indemnification of the consequential damage” thus, no. 2 in the order of payment.

Art. 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.)

·        There is no subsidiary penalty for non-payment of reparation, indemnification and costs in par 1, 2 and 4 of Art 38. It is only for fines.

·        Art 39 applies only when the convict has no property with which to meet the fine in par 3 of art 38. Thus, a convict who has property enough to meet the fine and not exempted from execution cannot choose to serve the subsidiary penalty instead of the payment of the fine.

·        Subsidiary imprisonment is not an accessory penalty. It is covered by Art 40-45 of this Code. Accessory penalties are deemed imposed even when not mentioned while subsidiary imprisonment must be expressly imposed.

·        Rules:

·        If financial circumstances improve, convict still to pay the fine even if he has suffered subsidiary personal liability.

·        the penalty imposed must be PC, AM, Am, suspension, destierro and fine only. – other than these (PM, RT, RP) court cannot impose subsidiary penalty.

·        Even if the penalty imposed is not higher than PC, if the accused is a habitual delinquent who deserves an additional penalty of 12 yrs and 1 day of RT, there is no subsidiary imprisonment.

Art. 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.

Art. 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.

Art. 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.

Art. 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.

Art. 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.

·        Outline of accessory penalties inherent in principal penalties

1. death – if not executed because of commutation or pardon

1.     perpetual absolute disqualification

2.     civil interdiction during 30 years (if not expressly remitted in the pardon)

2. RP and RT

1.     civil interdiction for life or during the sentence

2.     perpetual absolute disqualification (unless expressly remitted in the pardon)

3. PM

1.     temporary absolute disqualification

2.     perpetual absolute disqualification from suffrage (unless expressly remitted in the pardon)

4. PC

1.     suspension from public office, profession or calling

2.     perpetual special disqualification from suffrage if the duration of the imprisonment exceeds 18 months (unless expressly remitted in the pardon)

·        The accessory penalties in Art 40-44 must be suffered by the offender, although pardoned as to the principal penalties. To be relieved of these penalties, they must be expressly remitted in the pardon.

·        No accessory penalty for destierro

·        Persons who served out the penalty may not have the right to exercise the right of suffrage. For a prisoner who has been sentenced to one year of imprisonment or more for any crime, absolute pardon restores to him his political rights. If the penalty is less than one year, disqualification does not attach except if the crime done was against property.

·        The nature of the crime is immaterial when the penalty imposed is one year imprisonment or more.

·        The accessory penalties are understood to be always imposed upon the offender by the mere fact that the law fixes a certain penalty for the crime. Whenever the courts impose a penalty which by provision of law, carries with it other penalties, it’s understood that the accessory penalties are also imposed.

·        the accessory penalties do not affect the jurisdiction of the court in which the information is filed because they don’t modify or alter the nature of the penalty provided by law. What determines jurisdiction in criminal cases is the extent of the principal penalty w/c the law imposes of the crime charged.

·        the MTC has exclusive jurisdiction over offenses punishable with imprisonment of not exceeding 4 years and 2 months or a fine of not more than 4000 or both regardless of other imposable accessory or other penalties.

Art. 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.

·        every penalty imposed carries with it the forfeiture of the proceeds of the crime and the instruments or tools used in the commission of the crime

·        proceeds and instruments/tools of the crime are confiscated in favor of the government

·        3^rd persons’ (not liable for the offense) property is not subject to confiscation and forfeiture

·        property not subject of lawful commerce (whether it belongs to accused or 3^rd person) shall be destroyed.

·        can’t confiscate/forfeit unless there’s a criminal case filed and  tried, and accused is acquitted.

·        must indict 3^rd person to order confiscation of his property

·        instruments of the crime belonging to innocent 3^rd person may be recovered

·        confiscation can be ordered only if the property is submitted in evidence or placed at the disposal of the court

·        articles which are forfeited - when the order of forfeiture is already final, can’t be returned even in case of an acquittal

·        confiscation and acquittal are additional penalties. Where the penalty imposed did not include the confiscation of the goods involved, the confiscation & forfeiture of said goods would be an additional penalty and would amount to an increase of the penalty already imposed, thereby placing the accused in double jeopardy.

·        when the accused has appealed, confiscation and forfeiture not ordered by the trial court may be imposed by the appellate court

·        the government can’t appeal the modification of a sentence if the defendant did not appeal. But if the defendant appeals, it removes all bars to the review and correction of the penalty imposed by the court below, even if an increase thereof should be the result.

Art. 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.

·        The penalty prescribed by law in general terms shall be imposed:

a       upon the principals

b       for consummated felony

·        Exception: when the law fixes a penalty for the frustrated or attempted felony. Whenever it is believed that the penalty lower by one or two degrees corresponding to said acts of execution is not proportionate to the wrong done, the law fixes a distinct penalty for the principal in the frustrated or attempted felony.

·        The graduation of penalties refers to:

a       stages of execution (consummated, frustrated, attempted)

b       degree of the criminal participation of the offender (principal, accomplice, accessory)

·        the division of a divisible penalty (min, med, max) refers to the proper period of the penalty which should be imposed when aggravating or mitigating circumstances attend the commission of the crime.

Art. 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.

·        whenever the judgment of the lower court imposes the death penalty, the case shall be determined by 10 justices of the court. When 10 justices fail to reach a decision (as to the propriety of the imposition of  the death penalty), the penalty next lower in degree than the death penalty shall be imposed.

·        Death penalty not imposed in the ff cases:

a)     when the person is more than 70 years old at time RTC sentenced him

b)     when upon appeal or revision of the case by the SC, 10 justices are not unanimous in their voting

c)     when the offender is a minor under 18 yrs of age. Why? Because minority is always a mitigating circumstance

·        Justification for the death penalty: social defense and exemplarity. Not considered cruel and unusual because does not involve torture or lingering death.

·        Crimes where death penalty is imposed:

a)     treason 

b)     certain acts of espionage under Commonwealth Act 616

c)     correspondence w/ hostile country when it contains notice or information and the intention of the offender is to aid the enemy

d)     qualified piracy

e)     certain violations of the Anti-subversion act

f)       parricide

g)     murder

h)     kidnapping and serious illegal detention

i)       robbery w/ homicide

j)       rape w/ homicide

k)     when death resulted from the commission of arson or other crime involving destruction

·        trial court must require the prosecution to present evidence, despite plea of guilty, when the crime charged is punished by death. A sentence of death is valid only if it is susceptible of a fair and reasonable examination by the court. This is impossible if no evidence of guilt was taken after a plea of guilty.

Art. 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.

·        The 2 or more grave or less grave felonies must be the result of a single act, or an offense must be a  necessary means to commit the crime.

·        Complex crime – one crime only as there is only one criminal intent – only one information need be filed

·        2 kinds of complex crimes:

a)     compound crime – single act constitutes 2 or more grave or less grave felonies

Requisites:

1)     that only one single act is committed by the offender

2)     that the single act produces  

a)     2 or more grave felonies

b)     one or more grave and one or more less grave felonies

c)     2 or more less grave felonies

b)     complex crime proper – when an offense is a necessary means for committing another

Requisites:

1)     that at least 2 offenses are committed

2)     that one or some of the offenses must be necessary to commit the other

3)     that both or all the offenses must be punished under the same statute

·        No single act in the following cases:

a)     When 2 persons are killed one after the other, by different acts, although these 2 killings were the result of a single criminal impulse, the different acts must be considered as distinct crimes.

b)     When the acts are wholly different, not only in themselves, but also because they are directed against 2 different persons, as when one fires his gun twice in succession, killing one and injuring the other.

·        Light felonies produced by the same act should be treated and punished as separate offenses or may be absorbed by the grave felony.

Examples:

a) several light felonies resulting from one single act – not complex

Juan hit Pedro’s car, resulting in several light injuries and light felony of damage to property. No complex crime because the crime of slight physical injuries and damage to property are light felonies. There are as many crimes as there are persons injured w/ light physical injuries and as many penalties as there are light felonies committed, even though they are produced by a single act of the offender.

b) when the crime is committed by force or violence, slight physical injuries are absorbed.

·        Examples of complex crimes:

a)     Juan was a barangay captain who was killed while discharging his duty, the crime is a complex crime of homicide w/ assault upon a person of authority.

b)     Juan raped Petra, causing her physical injuries w/c required a month’s worth of medical attention. This is a complex crime of rape w/ less serious physical injuries. The injuries were necessary to the commission of the rape.

·        when in obedience to an order, several accused simultaneously shot many persons, without evidence how many each killed, there is only a single offense, there being a single criminal impulse.

·        when various acts are executed for the attainment of a single purpose w/c constitutes an offense, such acts must be considered only as one offense.

Example: Juan falsified 100 warehouse receipts from April to June which enabled him to swindle the bank of 100 million. There’s only one complex crime of estafa through multiple falsification of documents.

·        There is no complex crime of arson w/ homicide

·        Art 48 is applicable to crimes through negligence

Example: Juan lit a cigarette as he poured gas in the tank of his car in his garage. The gas caught fire and the house burned. His sister died and the maid suffered serious physical injuries. The crimes of arson, homicide, serious physical injuries and damage to property constitute a complex crime. There is only one penalty but there are 3 civil liabilities.

·        No complex crime when one of the offenses is penalized by a special law

·        Example of complex crime proper (at least 2 crimes must be committed):

Kidnapping the victim to murder him in a secluded place – ransom wasn’t paid so victim was killed. Kidnapping was a necessary means to commit murder. But where the victim was taken from his home for the sole purpose of killing him and not for detaining him illegally or for the purpose of ransom, the crime is simple murder.

·        “Necessary means” does not mean “indispensable means”. Indispensable would mean it is an element of the crime. The crime can be committed by another mean. The means actually employed (another crime) was merely to facilitate and insure the consummation of the crime.

·        When in the definition of a felony, one offense is a means to commit the other, there is no complex crime.

Ex. Murder committed by means of fire. Murder can be qualified by the circumstance of fire so no complex crime even if Art 321 and 324 punishes arson. It’s plain and simple murder.

·        Not complex crime when trespass to dwelling is a direct means to commit a grave offense. Like rape, there is no complex crime of trespass to dwelling with rape. Trespass will be considered as aggravating (unlawful entry or breaking part of a dwelling)

·        No complex crime when one offense is committed to conceal another

Example: Juan set the school on fire after committing homicide. 2 crimes.

·        When the offender had in his possession the funds w/c he misappropriated, the falsification of a public or official document involving said funds is a separate offense. But when the offender had to falsify a public or official document to obtain possession of the funds w/c he misappropriated, the falsification is a necessary means to commit the malversation.

·        There is no complex crime of rebellion with murder, arson, robbery or other common crimes. They are mere ingredients of the crime of rebellion – absorbed already.

·        When 2 crimes produced by a single act are respectively within the exclusive jurisdiction of 2 courts of different jurisdiction, the court of higher jurisdiction shall try the complex crime. 

Example: Although the forcible abduction which was supposedly commenced in Manila was not proven, and although the rape which was proven was actually committed in Cavite, still the RTC of Manila had jurisdiction to convict the accused of rape. The complex crime of forcible abduction with rape was charged in the complaint on the basis of which the case was tried.

·        Art. 48 is intended to favor the culprit.

·        The penalty for complex crime is the penalty for the most serious crime, the same to be applied in its maximum period. If the different crimes resulting from one single act are punished with the same penalty, the penalty for any one of them shall be imposed, the same to be applied in the maximum period. The same rule shall be observed when an offense is a necessary means to commit the other.

·        A complex crime of the second form may be committed by two persons.

·        But when one of the offenses, as a means to commit the other, was committed by one of the accused by reckless imprudence, the accused who committed the crime by reckless imprudence is liable for his acts only.

Example: Juan cooperated in the commission of the complex offense of estafa through falsification by reckless imprudence by acts without which it could not have been accomplished, and this being a fact, there would be no reason to exculpate him from liability. Even assuming he had no intention to defraud Tomas if his co-defendants succeeded in attaining the purpose sought by the culprits, Juan’s participation together w/ the participation of his co-defendants in the commission of the offense completed all the elements necessary for the perpetration of the complex crime of estafa through  falsification of documents.

·        When two felonies constituting a complex crime are punishable by imprisonment and fine, respectively, only the penalty of imprisonment shall be imposed.

·        When a single act constitutes two grave or less grave or one grave and another less grave, and the penalty for one is imprisonment while that for the other is fine, the severity of the penalty for the more serious crime should not be judged by the classification of each of the penalties involved, but by the nature of the penalties.

Example: Even if the fine for damage to property through reckless imprudence is P40,000, an afflictive penalty, and the penalty for the physical injuries resulting from the same act is only 4 mos of arresto mayor, a correccional penalty may be imposed.

·        In the order of severity of the penalties, arresto mayor and arresto menor are considered more severe than destierro and arresto menor is higher in degree than destierro.

·        Fine is not included in the list of penalties in the order of severity and it is the last in the order.

·        Art 48 applies only to cases where the Code doesn’t provide a specific penalty for a complex crime.

·        Art 48 doesn’t apply when the law provides one single penalty for single complex crimes like the ff:

a)     robbery w/ homicide

b)     robbery w/ rape

c)     kidnapping w/ serious physical injuries

d)     rape w/ homicide

·        When a complex crime is charged and one offense is not proven, the accused can be convicted of the other.

·        Plurality of crimes – consists in the successive execution by the same individual of different criminal acts upon any of w/c no conviction has yet been declared.

·        Kinds of plurality of crimes:

a)     formal or ideal – only one criminal liability

b)     real or material – there are different crimes in law as well as in the conscience of the offender, in such cases, the offender shall be punished for each and every offense that he committed.  

Example: Juan stabbed Pedro, then Juan stabbed Tomas too. There are 2 committed as 2 acts were performed.

·        Formal/ideal plural crimes are divided into 3 groups: (a person committing multiple crimes is punished w/ one penalty in the ff cases)

a)     when the offender commits any of the complex crimes defined in art 48

b)     when the law specifically fixes a single penalty for 2 or more offenses committed: robbery w/ homicide, kidnapping w/ serious physical injuires

c)     when the offender commits continued crimes

·        Continued crimes – refers to a single crime consisting of a series of acts but all arising from one criminal resolution. Although there is a series of acts, there is only one crime committed, so only one penalty shall be imposed.

·        Examples of continued crimes:

a)     a collector of a commercial firm misappropriates for his personal use several amounts collected by him from different persons. There is only one crime because the different and successive appropriations are but the different moments during which one criminal resolution arises.

b)     Juan stole 2 books belonging to 2 different persons. He commits only one crime because there is unity of thought in the criminal purpose of the offender.

·        A continued crime is not a complex crime as offender does not perform a single act but a series of acts. Therefore:

a)     penalty not to be imposed in the maximum

b)     no actual provision punishing a continued crime – it’s a principle applied in connection w/ 2 or more crimes committed w/ a single intention.

·        Continued crime is different from a transitory crime.  Transitory crime is “moving crime”.

Example: kidnapping someone for ransom and moving him to another venue. The offenders can be prosecuted and tried in either of the 2 areas.

Art. 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.

·        Art 49 has reference to the provision in the 1^st par of Art 4 which provides that criminal liability shall be incurred “by any person committing a felony although the wrongful act done be different from that which he intended”

·        Art 49 applicable only in cases when there is a mistake in identity of the victim of the crime and the penalty for the crime committed is different from that for the crime intended to be committed.

·        Art 49 also has no application where a more serious consequence not intended by the offender befalls the same person.

Example: Juan only wanted to inflict a wound upon Pedro but because he lost control of his right arm, he killed Pedro. Art 49 not applicable.

Notes:

1.     Art. 49 has reference to Art. 4(1). It applies only when there is error in personae.

2.     In Art. 49 (Paragraphs 1 and 2) the lower penalty in its maximum period is always imposed.

3.     In Par. 3 the penalty for the attempted or frustrated crime shall be imposed in its maximum period. This rule is not necessary and may well be covered by Art. 48, in view of the fact that the same act also constitutes an attempt or a frustration of another crime.

Art. 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.

Art. 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.

Art. 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.

Art. 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.

Art. 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.

Art. 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.

Art. 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.

Art. 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.

·        Notes:

Art 50-57 not applicable when the law specifically prescribes the penalty for the frustrated and attempted felony or that to be imposed upon the accomplices and accessories.

Degree – one whole penalty, one entire penalty or one unit of the penalties enumerated in the graduated scales provided for in Art 71

Period – one of 3 equal portions, min/med/max of a divisible penalty. A period of a divisible penalty when prescribed by the Code as a penalty for a felony, is in itself a degree.

·        The rules provided in Arts. 53, 55 and 57 do not apply if the felony is light because accessories are not liable for the same

·        Bases for imposition of the penalty under the RPC

a.     Stage of the commission of the crime

b.     Participation of the persons liable

c.      Presence of aggravating or mitigating circumstances

Art. 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.

·        Art is limited only to grave and less grave felonies since it is not possible to have accessories liable for light felonies. It is further limited to those whose participation in the crime is characterized by the misuse of public office or authority.

Example:   a)  A mayor aided in friend, a wanted criminal, in escaping

b)  A senator gives protection to his jueteng lord friend

·        Additional Penalties for Public Officers who are accessories

1.     Absolute perpetual disqualification, if the principal offender is guilty of a grave felony.

2.     Absolute temporary disqualification if the principal offender is guilty of less grave felony

Art. 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.

·        Basis for the imposition of proper penalty in impossible crimes: sopcial danger and degree of criminality shown by the offender.

Example: Juan fired a revolver at Pedro at the distance of 2 kilometers. This shoes stupidity rather than danger. Juan should not be punished as there is no social danger nor degree of criminality.

But if Juan was a convicted felon, act may be punished.

·        Article limited to those cases of grave and less grave felonies.

Art. 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.

·        2 cases wherein the accomplice is punished w/ the same penalty imposed upon the principal

a)     ascendants, guardians, curators, teachers and any person who by abuse of authority or confidential relationship shall cooperate as accomplices in the crimes of rape, acts of lasciviousness, seduction, corruption of minors, white slave trade or abduction.

b)     one who furnished the place for the perpetration of the crime of slight illegal detention.

·        Accessory punished as principal: Art 142 – punishes an accessory for knowingly concealed certain evil practices.

·        Cases when instead of a penalty 2 degrees lower, one degree for accessory:

a)     knowingly using counterfeited seal or forged signature or stamp of the President

b)     illegal possession and use of false treasury or bank note

c)     using a falsified document

d)     using a falsified dispatch

Art. 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 any frustrated or attempted felony, or as accomplices or accessories, the following rules shall be observed:

1.         When the penalty prescribed for the felony is single and indivisible, the penalty next lower in degrees shall be that immediately following that indivisible penalty in the respective graduated scale prescribed in Article 71 of this Code.

2.         When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or more divisible penalties to be impose to their full extent, the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed in the respective graduated scale.

3.         When the penalty prescribed for the crime is composed of one or two indivisible penalties and the maximum period of another divisible penalty, the penalty next lower in degree shall be composed of the medium and minimum periods of the proper divisible penalty and the maximum periods of the proper divisible penalty and the maximum period of that immediately following in said respective graduated scale.

4.         when the penalty prescribed for the crime is composed of several periods, corresponding to different divisible penalties, the penalty next lower in degree shall be composed of the period immediately following the minimum prescribed and of the two next following, which shall be taken from the penalty prescribed, if possible; otherwise from the penalty immediately following in the above mentioned respective graduated scale. 

5.         When the law prescribes a penalty for a crime in some manner not especially provided for in the four preceding rules, the courts, proceeding by analogy, shall impose corresponding penalties upon those guilty as principals of the frustrated felony, or of attempt to commit the same, and upon accomplices and accessories.

·        The rules provided in this Art should also apply in determining the minimum of the Indeterminate Sentence Law (ISL). It also applies in lowering the penalty by one or two degrees by reason of the presence of the privileged mitigating circumstance or when the penalty is divisible and there are two or more mitigating circumstances.

Graduated Scale in Art 71

·        Indivisible Penalties:

a)     Death

b)     Reclusion Perpetua

·        Divisible Penalties:

a)     Reclusion Temporal

b)     Prision Mayor

c)     Prision Correccional

d)     Arresto Mayor

e)     Destierro

f)       Arresto Menor

g)     Public Censure

h)     Fine

·        Rule No. 1:

When the penalty is single and indivisible (ex. RP), the penalty next lower shall be reclusion temporal.

·        Rule No. 2:

a) when the penalty is composed of two indivisible penalties

Ex. penalty for parricide is reclusion perpetua to death, the next lower penalty is reclusion temporal

b) when the penalty is composed of one or more divisible penalties to be imposed to their full extent

Ex. one divisible penalty is reclusion temporal. The penalty immediately following RT is prision mayor. 2 divisible penalties are prision correccional to prision mayor. The penalty immediately preceding the lesser of the penalties of prision correccional to prision mayor is arresto mayor.

·        Rule No. 3:

When the penalty is composed of 2 indivisible penalties and the maximum period of a divisible penalty/ or when composed of one divisible penalty the maximum of one divisible penalty

Ex. penalty for murder is reclusion temporal to death. The point of reference will be on the proper divisible penalty which is reclusion temporal. Under the 3^rd rule, the penalty next lower to reclusion temporal is composed of the medium and minimum periods of reclusion temporal and the maximum of prision mayor.

·        Rule No.4:

When the penalty is composed of several periods

Ex. the “several” periods contemplated in this rule correspond to different divisible penalties. A penalty of prision mayor in its medium period to reclusion temporal in its minimum period is an example of such. The penalty immediately following the minimum of the entire sentence, which is prision mayor medium, is prision mayor in its minimum and the 2 periods next following, which are prision correccional max and medium.

·        Rule No.5:

When the penalty has only 2 periods

Ex. Abduction punishable by prision correccional in its medium and minimum. The next penalty following is formed by 2 periods to be taken from the same penalty if possible or from the periods of the penalty numerically following the lesser of the penalties prescribed. The penalty next following prision correccional in its med and min shall be arresto mayor in its med and max.

·        Mitigating and Aggravating circumstances are first disregarded in the application of the rules for graduating penalties. It is only after the penalty next lower in degree is already determined that the mitigating and aggravating circumstances should be considered.

Art. 62.            Effect of the attendance of mitigating or aggravating circumstances and of habitual delinquency. — Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the following rules:

1.         Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty.

2.         The same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a degree that it must of necessity accompany the commission thereof.

3.         Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private relations with the offended party, or from any other personal cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant.

4.         The circumstances which consist in the material execution of the act, or in the means employed to accomplish it, shall serve to aggravate or mitigate the liability of those persons only who had knowledge of them at the time of the execution of the act or their cooperation therein.

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.

·        Par 1: Aggravating circumstances are not to be taken into account when:

a)     they themselves constitute a crime

Ex. by “means of fire” – arson

b)     they are included by law in the definition of a crime

·        Par 2: Same rules applies when the aggravating circumstance is inherent in the crime

·        Par 3. Aggravating or mitigating circumstances arising from any of the ff affect only those to whom such circumstances are attendant:

a)     from the moral attributes of the offender

b)     from his private relations w/ the offended party

c)     from any other personal cause

·        Par 4: the circumstances w/c consist of the ff shall serve to aggravate and mitigate the liability only of those who had knowledge of them at the time of the commission of the offense

a)     material execution of the act

b)     means employed to accomplish the crime

·        Par 5: Habitual Delinquent is a person who within the period of 10 years from the date of his (last) release or last conviction of the crimes of:

a)     serious or less serious physical injuries

b)     robbery

c)     estafa

d)     falsification

is found guilty of any of the said crimes a third time or oftener.

·        Ten year period to be computed from the time of last release or conviction

·        Subsequent crime must be committed after conviction of the former crime. Cases still pending are not to be taken into consideration.

·        Rulings on Habitual Delinquency:

a)     the law on habitual delinquency does not contemplate the exclusion from the computation of prior conviction those falling outside the 10 yr pd immediately preceding the crime for w/c the defendant is being tried

b)     ten yr pd is counted not from the date of commission of the subsequent offense but to the date of conviction thereof in relation to the date of his last release or last conviction

c)     when an offender has committed several crimes mentioned in the definition of habitual delinquent, without being first convicted of any of them before committing the others, he is not a habitual delinquent

d)     convictions on the same day or at about the same time are considered as one only (days, weeks..)

e)     crimes committed on the same date, although convictions on different dates are considered as one

f)       previous convictions are considered every time a new offense is committed

g)     commissions of those crimes need not be consummated

h)     habitual delinquency applies to accomplice and accessories as long as in the crimes specified

i)       a crime committed in the minority of the offender is not counted

j)       imposition of additional penalty is mandatory and constitutional

k)     modifying circumstances applicable to additional penalty

l)       habitual delinquency is not a crime, it is simply a fact or circumstance which if present gives rise to the imposition of additional penalty

m)   penalty for habitual delinquency is a real penalty that determines jurisdiction

n)     a habitual delinquent is necessarily a recidivist

o)     in imposing the additional penalty, recidivism is not aggravating. The additional penalty must be imposed in its minimum

p)     an offender can be a habitual delinquent w/o being a recidivist

Notes:

·        In no case shall be the total penalties imposed  upon the offender exceed 30 years

·        The law does not apply to crimes described in Art. 155

·        The imposition of the additional penalties on habitual delinquents are constitutional, it is simply a punishment on future crimes on account of the criminal propensities of the accused.

·        The imposition of such additional penalties are mandatory.

·        Habitual delinquency applies at any stage of the execution because subjectively, the offender reveals the same degree of depravity or perversity as the one who commits a consummated crime.

·        Habitual delinquency applies to all participants because it reveals persistence in them of the inclination to wrongdoing and of the perversity of character that led them to commit the previous crime.

Ø  Cases where the attending aggravating or mitigating circumstances are not considered in the imposition of penalties.

·        Penalty that is single and indivisible

·        Felonies through negligence

·        Penalty is a fine

·        Penalty is prescribed by a special law

Art. 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.

·        Art 63 applies only when the penalty prescribed by the Code is either one indivisible penalty or 2 indivisible penalties

·        When the penalty is composed of 2 indivisible penalties, the penalty cannot be lowered by one degree no matter how many mitigating circumstances are present

Ø  Exception: in cases of privileged mitigating circumstances

·        Par.4: the moral value rather than the numerical weight shall be taken into account

·        Rules for the application of indivisible penalties

Ø  Penalty is single and indivisible – applied regardless of the presence of aggravating and mitigating circumstances

Ø  Penalty composed of two indivisible penalties

1.     One aggravating circumstance present – higher penalty

2.     One mitigating circumstance present – lower penalty

3.     Some mitigating circumstances present and no aggravating – lower penalty

4.     Mitigating and Aggravating Circumstance are present – basis in number and importance

Art. 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.

·        Art 64 applies when the penalty has 3 periods because they are divisible. If the penalty is composed of 3 different penalties, each forms a period according to Art 77

·        Par 4: the mitigating circumstances must be ordinary, not privileged. The aggravating circumstances must be generic or specific, not qualifying or inherent.

Example: a qualifying circumstance (treachery) cannot be offset by a generic mitigating circumstance (voluntary circumstance)

·        The court has discretion to impose the penalty within the limits fixed by law

·        Art 64 not applicable when the penalty is indivisible or prescribed by special law or a fine

·        Rules for the application of divisible penalties

Ø  No aggravating and no mitigating circumstances – medium period

Ø  One mitigating circumstance – minimum period

Ø  One aggravating circumstance – maximum period

Ø  Mitigating and aggravating circumstance o offset each other and according to relative weight

Ø  2 or more mitigating without any aggravating circumstance – on degree lower

Art. 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.

COMPUTATIONS:

A. Example: Prision Mayor (6 yrs, 1 day to 12 yrs)

1)     subtract the minimum (disregard 1 day) from the maximum

12yrs – 6yrs = 6 yrs

2)     divide the difference by 3

6 yrs / 3 = 2 yrs

3)     use the minimum (6 yrs and 1 day) as the minimum of the minimum period. Then add the 2 yrs (disregarding the 1 day) to the minimum to get the maximum of the minimum

6 yrs (minimum of the minimum)

            +          2 yrs (difference)

-------------------------------------------

                        8 yrs (maximum of the minimum).

Therefore, minimum period of prision mayor; 6 yrs 1 day to 8 yrs

4)     use the maximum of the minimum period as the minimum of the medium period and add 1 day to distinguish from the minimum period. Then add 2 years to the minimum of the medium (disregarding the 1 day) to get the maximum of the medium period.

8 yrs (minimum of the medium)

            +          2 yrs (difference)

-------------------------------------------

                        10 yrs (maximum of the medium)

Therefore, medium period of prision mayor; 8 yrs 1 day to 10 yrs

5)     use the maximum of the medium period as the minimum of the maximum pd, add 1 day to distinguish it from the medium period. Then add 2 yrs to the minimum of the maximum pd (disregarding the 1 day) to get the maximum of the maximum period)

10 yrs (maximum of the medium)

            +            2 yrs (difference)

----------------------------------------------

                        12 yrs (maximum of the maximum)

Therefore, maximum period of prision mayor; 10 yrs 1 day to 12 yrs

Ø  Computation above applicable to all others except arresto mayor

B. Example: Prision Mayor minimum (6 yrs 1 day to 8 yrs) only

1)     Subtract minimum from the maximum

8yrs – 6yrs = 2 yrs

2)     Divide the difference by 3

2yrs / 3 = 8 months

3)     Use the minimum of the given example as the minimum period. Then to get to get the maximum of the minimum, add the 8 months

6 yrs + 8 months = 6 yrs and 8 months

Therefore, minimum of prision mayor minimum; 6 yrs 1 day to 6 yrs 8 months

4)     Use the maximum of the minimum as the minimum of the medium period. Add 1 day to distinguish it from the maximum of the minimum. Add the 8 months and this becomes the maximum of the medium

6 yrs 8 months + 8 months = 7 yrs 4 months

Therefore, the medium period of prision mayor minimum; 6 yrs 8 mos 1 day to 7 yrs 4 mos

5)     Use the maximum of the medium as the minimum period of the maximum period and add 1 day to distinguish. Add the 8 months to get the maximum of this maximum

7 yrs 4 mos + 8 mos = 8 yrs

Therefore, maximum of prision mayor; 7 yrs 4 mos 1 day to 8 yrs

Art. 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.

·        Court must consider the following in imposing the fine:

a)     mitigating and aggravating circumstances

b)     the wealth and means of the culprit

·        When the minimum of the fine is not fixed, the court shall have the discretion provided it does not exceed the amount authorized by law

Art. 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.

·        Requisites of Art 12 par 4

a)     act causing the injury must be lawful

b)     act performed w/ due care

c)     injury was caused by mere accident

d)     no fault or intention to cause injury

·        if these conditions are not all present, then the ff penalties shall be imposed:

a)     grave felony – arresto mayor max to prision correccional min

b)     less grave felony – arresto mayor min to arresto mayor med

Art. 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.

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.

Notes:

·        Art. 68 applies to such minor if his application for suspension of sentence is disapproved or if while in the reformatory institution he becomes incorrigible in which case he shall be returned to the court for the imposition of the proper penalty.

·        Art. 68 provides for 2 privileged mitigating circumstances

If the act is attended by two or more mitigating circumstance and no aggravating circumstance, the penalty being divisible a minor over 15 but under 18 may still get a penalty two degrees lower.

Ø  under 15 but over 9 and has acted w/ discretion: 2 degrees lower

Ø  under 18 but over 15: 1 degree lower

Art. 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.

·        Penalty to be imposed when the crime committed is not wholly excusable

Ø  1 or 2 degrees lower if the majority of the conditions for justification or exemption in the cases provided in Arts. 11 and 12 are present.

Art. 70.            Successive service of sentence. — When the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature of the penalties will so permit otherwise, the following rules shall be observed:

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

For the purpose of applying the provisions of the next preceding paragraph the respective severity of the penalties shall be determined in accordance with the following scale:

1.         Death,

2.         Reclusion perpetua,

3.         Reclusion temporal,

4.         Prision mayor,

5.         Prision correccional,

6.         Arresto mayor,

7.         Arresto menor,

8.         Destierro,

9.         Perpetual absolute disqualification,

10        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.

In applying the provisions of this rule the duration of perpetual penalties ( pena perpetua) shall be computed at thirty years. (As amended).

·        Maximum duration of the convict’s sentence: 3 times the most severe penalty

·        Max period shall not exceed 40 years

·        Subsidiary imprisonment – this shall be excluded in computing for the maximum duration

Example: Juan has 10 sentences of 6 months and 1 day each and a fine of 1000. He was not able to pay the fine. Therefore, he must serve subsidiary penalty after 18 months and 3 days in jail.

Art. 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,

3.         Reclusion temporal,

4.         Prision mayor,

5.         Prision correccional,

6.         Arresto mayor,

7.         Destierro,

8.         Arresto menor,

9.         Public censure,

10.       Fine.

SCALE NO. 2

1.         Perpetual absolute disqualification,

2.         Temporal absolute disqualification

3.         Suspension from public office, the right to vote and be

            voted for, the right to follow a profession or calling,

4.         Public censure,

5.         Fine.

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

·        the penalties shall be satisfied according to the scale of Art 70

Art. 73.            Presumption in regard to the imposition of accessory

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

·        subsidiary penalties are deemed imposed. However, the subsidiary imprisonment must be expressly stated in the decision.

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

·        if the decision or law says higher than RP or 2 degrees than RT, then the penalty imposed is RP or RT as the case may be. Death must be designated by name. However, for the other penalties, this does not apply.

Example: the penalty for crime X is 2 degrees lower than RP. The penalty imposed is prision mayor.

Art. 75.            Increasing or reducing the penalty of fine by one or more degrees. — Whenever it may be necessary to increase or reduce the penalty of fine by one or more degrees, it shall be increased or reduced, respectively, for each degree, by one-fourth of the maximum amount prescribed by law, without however, changing the minimum.

The same rules shall be observed with regard of fines that do not consist of a fixed amount, but are made proportional.

·        To get the lower degree:

Ø  Max: reduce by one-fourth

Ø  Min: the same

Art. 76.            Legal period of duration of divisible penalties. — The legal period of duration of divisible penalties shall be considered as divided into three parts, forming three periods, the minimum, the medium, and the maximum in the manner shown in the following table:

Art. 77.            When the penalty is a complex one composed of three distinct penalties. — In cases in which the law prescribes a penalty composed of three distinct penalties, each one shall form a period; the lightest of them shall be the minimum the next the medium, and the most severe the maximum period.

Whenever the penalty prescribed does not have one of the forms specially provided for in this Code, the periods shall be distributed, applying by analogy the prescribed rules.

·        if there are 3 distinct penalties; there shall be a minimum, a medium and a maximum

Example: Reclusion temporal max to death

Art. 78.            When and how a penalty is to be executed. — No penalty shall be executed except by virtue of a final judgment.

A penalty shall not be executed in any other form than that prescribed by law, nor with any other circumstances or incidents than those expressly authorized thereby.

In addition to the provisions of the law, the special regulations prescribed for the government of the institutions in which the penalties are to be suffered shall be observed with regard to the character of the work to be performed, the time of its performance, and other incidents connected therewith, the relations of the convicts among themselves and other persons, the relief which they may receive, and their diet.

The regulations shall make provision for the separation of the sexes in different institutions, or at least into different departments and also for the correction and reform of the convicts.

·        Only penalty by final judgment can be executed. Judgment is final if the accused has not appealed within 15 days or he has expressly waived in writing that he will not appeal.

·        There could be no subsidiary liability if it was not expressly ordered in the judgment

Art. 79.            Suspension of the execution and service of the penalties in case of insanity. — When a convict shall become insane or an imbecile after final sentence has been pronounced, the execution of said sentence shall be suspended only with regard to the personal penalty, the provisions of the second paragraph of circumstance number 1 of article 12 being observed in the corresponding cases.

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

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

·        Cases of insanity:

a)     after final sentence, suspend the sentence regarding the personal penalties

b)     if he recovers, the sentence is executed unless it has prescribed

c)     the payment of civil of pecuniary liabilities shall not be suspended

·        Art 80 (as amended by PD 603: Child and Youth Welfare Code)

a)     youthful offender – over 9 but under 18 at time of the commission of the offense

b)     a youthful offender held for examination or trial who cannot furnish bail will be committed to the DSWD/local rehab center or detention home

c)     judgment of the court shall not be pronounced but suspended except for the ff cases:

1.     those who previously enjoyed a suspension of sentence

2.     those convicted of death or life imprisonment

3.     those convicted for an offense by the military tribunals

d)     the DSWD may dismiss the case if the youth behaves properly

e)     the records of the proceeding shall be privileged and shall not be disclosed

f)       the civil liability of the youthful offender may be voluntary assumed by a relative or a friend

g)     the parent or guardian of the child is liable when he aids, abets or connives w/ the commission of the crime or does an act producing, promoting or contributing to the child’s being a juvenile delinquent.

h)     The penalties for the parent or guardian: Fine not exceeding 500 and/or imprisonment not exceeding 2 years

Art. 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.

Art. 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.

·        Designate a working day w/c shall not be communicated to the offender before the sunrise of said day. The execution shall not take place until after the expiration of at least 8 hrs following such notification.

·        He can execute a will.

Art. 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.

·        Death sentence commuted to RP:

a)     woman, within 3 years, following the date of sentence

b)     woman, while pregnant

c)     person over 70 years old.

Art. 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.

Art. 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.

Art. 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.

Art. 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.

·        Destierro shall be imposed in the ff cases:

a)     death or serious physical injuries is caused or are inflicted under exceptional circumstance

b)     person fails to give bond for god behavior

c)     concubine’s penalty for the crime of concubinage

d)     lowering the penalty by degrees

·        Execution of Distierro

a)     Convict shall not be permitted to enter the place designated in the sentence nor within the radius specified, which shall not be more than 250 and not less than 25 km from the place designated.

b)     If the convict enters the prohibited area, he commits evasion of sentence

Art. 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.

·        Served where:

Ø  In the municipal jail

Ø  In the house of the offender, but under the surveillance of an officer of the law whenever the court so provides in the decision due to the health of the offender. But the reason is not satisfactory just because the offender is a respectable member of the community

Art. 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.

·        Extinguishment of criminal liability is a ground of motion to quash

·        Criminal liability whether before or after final judgment is extinguished upon death because it is a personal penalty

·        Pecuniary penalty is extinguished only when death occurs before final judgement.

·        The death of the offended party however does not extinguish criminal liability of the accused because it is a crime against the state.

(2) By service of the sentence

·        Crime is a debt, hence extinguished upon payment

·        Service does not extinguish civil liability

·        Amnesty – is an act of the sovereign power granting oblivion or general pardon. It wipes all traces and vestiges of the crime but does not extinguish civil liability.

(3) By absolute pardon

·        Pardon – an act of grace proceeding from the power entrusted w/ the execution of laws, which exempts the individual from the punishment the law inflicts for the crime.

(4)   By prescription of the crime

·        When the crime prescribes, the state loses the right to prosecute

·        Prescription of a crime – is the loss/forfeiture of the right of the state to prosecute the offender after the lapse of a certain time.

(5)   By prescription of the penalty

·        means the loss/forfeiture of the right of government to execute the final sentence after the lapse of a certain time. Conditions: there must be final judgement and the period has elapsed.

(6)   By the marriage of the offended woman, as provided in Art 344 of this Code

Art. 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 by arresto 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.)

·        In computing for the period, the first day is excluded and the last day included. Subject to leap years

·        When the last day of the prescriptive period falls on a Sunday or a legal holiday, the info can no longer be filed the ff day

·        Simple slander prescribes in 2 months and grave slander in 6 months

·        Since destierro is a correctional penalty, it prescribes in 10 years. Afflictive penalties, 15 years.

·        If compound penalty, basis will be the highest penalty

·        If fine is an alternative penalty (imposed together w/ a penalty lower than the fine), fine shall be the basis

·        Prescription begins to run from the discovery thereof. Interrupted when proceedings are instituted and shall begin to run again when the proceedings are dismissed.

·        If an accused fails to move to quash before pleading, he is deemed to have waived all objections.

·        Prescription does not take away the court’s jurisdiction but only absolves the defendant and acquits him.

Art. 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.

·        If there is nothing concealed (appears in a public document), the crime commences to run on the date of the commission

·        Period of prescription for crimes that is continuing never runs

·        Crime needs to be discovered by:

a)     offended party

b)     authorities

c)     their agents

·        If a person witnesses the crime but only tells the authorities 25 years later, prescription commences on the day the authorities were told.

·        What interrupts prescription?

a)     preliminary examination or investigation w/c is similar to judicial proceeding

b)     filing the proper complaint w/ the fiscal’s office and the prosecutor. Police not included.

c)     Filing complaint with the court that has proper jurisdiction

·        When the period commences to run again

a)     When the proceeding is terminated without the accused being convicted or acquitted

b)     When the proceeding is unjustifiably stopped for a reason not imputable to the offender

·        “when such proceedings terminate” – termination that is final; an unappealed conviction or acquittal

·        “unjustifiably stopped for any reason” – example: accused evades arrest, proceedings must be stopped

·        Art 91 applies to a special law when said law does not provide for the application but only provides for the period of prescription

Art. 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.

·        Note that final sentence must be imposed

·        If a convict can avail of mitigating circumstances and the penalty is lowered, it is still the original penalty that is used as the basis for prescription. However, if the convict already serves a portion of his sentence and escapes after, the penalty that was imposed (not the original) shall be the basis for prescription

·        Fines less than 200 fall under light penalty. Those above are correccional.

Art. 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.

·        Elements:

a)     penalty is final

b)     convict evaded the sentence

c)     convict has not given himself up

d)     penalty has prescribed because of lapse of time from the date of the evasion of the service of the sentence

·        Interruption of the period

Ø  If the defendant surrenders

Ø  If he is captured

Ø  If he should go into a foreign country with which the Philippines has no extradition treaty

Ø  If he should commit another crime before the expiration of the period of prescription

Ø  Acceptance of a conditional pardon(People v. Puntilos)

·        If a government has an extradition treaty w/ the country to w/c a convict escaped and the crime is not included in the treaty, the running of the prescription is interrupted

·        Sentence evasion clearly starts the running of the prescription. It does not interrupt it. Acceptance of the conditional pardon interrupts the prescriptive period.

·        Rolito Go case: since he was captured, he is only supposed to serve the remainder of his sentence. Reason: during the period he escaped, his existence is one of fear and discomfort

Art. 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.

Conditional pardon – contract between the sovereign power of the executive and the convict

·        Convict shall not violate any of the penal laws of the Philippines

·        Violation of conditions:

Ø  Offender is re-arrested and re-incarcerated

Ø  Prosecution under Art. 159

Commutation – change in the decision of the court by the chief regarding the

(1)   degree of the penalty;

(2)   by decreasing the length of the imprisonment or fine

·        Commutation allowed when:

a)     person over 70 yrs old

b)     10 justices fail to reach a decision affirming the death penalty

·        Consent not necessary in commutation

·        Prisoner is also allowed special time allowance for loyalty w/c is 1/5 deduction of the period of his sentence.

Parole – consists in the suspension of the sentence of a convict after serving the minimum term of the indeterminate penalty, without granting pardon, prescribing the terms upon which the sentence shall be suspended. In case his parole conditions are not observed, a convict may be returned to the custody and continue to serve his sentence without deducting the time that elapsed.

·        Good conduct allowance during confinement

            Deduction for the term of sentence for good behavior

Art. 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.

·        Condition of pardon is limited to unserved portion of the sentence, unless an intention to extend it beyond the time is manifest

Art. 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.

Art. 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 behavior.

·        Allowance for good conduct not applicable when prisoner released under conditional pardon.

·        Good conduct time allowance is given in consideration of good conduct of prisoner while he is serving sentence.

Art. 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.

·        Special time allowance for loyalty of prisoners:

Ø  The article applies only to prisoners who escaped

Ø  deduction of 1/5 of the period of sentence of prisoner who having evaded the service of his sentence during the calamity or catastrophe mentioned in Art 158, gives himself up to the authorities w/in 48 hrs ff the issuance of the proclamation by the President announcing the passing away of the calamity or catastrophe

Ø  deduction based on the original sentence and not on the unexpired portion

·        Art 158 provides for increased penalties:

 - a convict who has evaded the service of his sentence by leaving the penal institution on the occasion of disorder resulting from conflagration, earthquake or similar catastrophe or during mutiny in which he did not participate is liable to an increased penalty (1/5 of the time still remaining to be served – not to exceed  6 months), if he fails to give himself up to the authorities w/in 48 hrs ff the issuance of a proclamation by the President announcing the passing away of the calamity.

Art. 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.

a) authority to  grant time allowance for good conduct is exclusively vested in the Dir (e.g. provincial warden cannot usurp Director’s authority)

b) it is not an automatic right and once granted, cannot be revoked by him

CIVIL LIABILITY

2 classes:

a) social injury – produced by disturbance and alarm w/c are the outcome of the offense

b) personal injury – caused by the victim who may have suffered damage, either to his person, property, honor or chastity

Art. 100.          Civil liability of a person guilty of felony. — Every person criminally liable for a felony is also civilly liable.

Basis:

obligation to repair or to make whole the damage caused to another by reason of an act or omission, whether done intentionally or negligently and whether or not punishable by law

Dual character of the crime as against:

a)     the state because of the disturbance of peace and order

b)     the private person injured unless it involves the crime of treason, rebellion, espionage, contempt and others where no civil liability arises on the part of the offender either because there are no damages or there is no private person injured by the crime

Damage that may be recovered in criminal cases:

·        Crimes against persons, like crime of physical injuries – whatever he spent for treatment of wounds, doctor’s fees, medicines as well as salary or wages unearned

·        Moral Damages: seduction, abduction, rape or other lascivious acts, adultery or concubinage, illegal or arbitrary detention or arrest, illegal search, libel, slander or any other form of defamation, malicious prosecution

·        Exemplary Damages: imposed when crime was committed with one or more aggravating circumstances

a)     If there is no damage caused by the commission of the crime, offender is not civilly liable

b)     Dismissal of the info or the crime action does not affect the right of the offended party to institute or continue the civil action already instituted arising from the offense, because such dismissal does not carry with it the extinction of the civil one.

c)     When accused is acquitted on ground that his guilt has not been proven beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted

d)     Exemption from criminal liability in favor of an imbecile or insane person, and a person under 9 yrs, or over 9 but under 15 who acted w/ discernment and those acting under the impulse of irresistible force or under the impulse of an uncontrolable fear of an equal or greater injury does not include exemption from civil liability.

e)     Acquittal in the crim action for negligence does not preclude the offended party from filing a civil action to recover damages, based on the theory that the act is quasi-delict

f)       When the court found the accused guilty of crim negligence but failed to enter judgement of civil liability, the private prosecutor has a right to appeal for the purposes of the civil liability of the accused. The appellate court may remand the case to the trial court for the latter to include in its judgement the civil liability of the accused

g)     Before expiration of the 15-day of for appealing, the trial court can amend the judgement of conviction by adding a provision for the civil liability of the accused, even if the convict has started serving the sentence.

h)     An independent civil action may be brought by the injured party during the pendency of the criminal case provided the right is reserved. Reservation is necessary in the ff cases:

1.     any of the cases referred to in Art 32 (perpetual or temporary disqualification for exercise of the right of suffrage)

2.     defamation, fraud and physical injury (bodily injury and not the crime of physical injury)

3.     civil action is against a member of a city or municipal  police force for refusing or failing to render aid or protection to any person in case of danger to life or property

4.     in an action for damage arising from fault or negligence and there is no pre-existing contractual relation between the parties (quasi-delict)

i)       Prejudicial Question – one w/c arises in a case, the resolution of which is a logical antecedent of the issue involved in said case and the cognizance of which pertains to another tribunal.

·        For the principle to apply, it is essential that there be 2 cases involved, a civil and a criminal case. Prejudicial questions may be decided before any criminal prosecution may be instituted or may proceed.

·        An independent civil action may be brought by the injured party during the pendency of the criminal case, provided that the right is reserved

·        Extinction of the penal action does not carry with it the extinction of the civil, unless the extinction proceeds from a declaration in a final judgement that the fact from which the civil might arise did not exist

Art. 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.

General Rule: exemption from criminal liability does not include exemption from civil liability

Exception: no civil liability in par 4 and 7of art 12. Par 1,2,3,5 and 6 are NOT exempt from civil liability although exempt from criminal liability

Who are civilly liable for:

a. acts of insane or minor exempt from criminal liability

1.     primarily devolve upon perosns having legal authority or control over him, if at fault or negligent (except if proven that they acted w/o fault or w/ due diligence)

2.     if no fault or negligence, or even w/ fault but is insolvent and there are no persons having legal authority over them, the property of the insane, minor or imbecile not exempt from execution shall be held liable.

b.     over 15 but under 18 w. discernment

          1. civil code says parent (dad then mom)_

2. guardians

3. minors own property where a guardian ad litem shall be appointed

*final release of a child based on good conduct does not remove his civil liability for damages.

c.      persons acting under an irresistible force or uncontrollable fear

1.     persons using violence or causing the fear are primarily liable

2.     if there are none, those doing the act

d.     no civil liability in justifying circumstances EXCEPT: par 4 of Art 11, the one benefited by the act is civilly liable.

e.     civil liability in case of state of necessity

      Those who benefited by the act and court shall determine the proportionate amount for which each shall be liable. If the government or majority of the inhabitants are liable, such will be determined by special laws or regulations.

Art. 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.

Elements of Par 1:

f.       That the innkeeper of the establishment or his employee committed a violation of municipal ordinance or some general or special police regulation

g.     A crime is committed in such establishment

h.     Person criminally liable is insolvent

Ø  when all these are present, the innkeeper and the like are subsidiarily liable

Elements of Par 2:

1.     guests notified in advance the innkeeper of the deposit of such goods w/in the inn

2.     guests followed the directions of the innkeeper w/ respect to the care and vigilance over the such goods

3.  such goods of the guest lodging therein were taken by robbery w/ force upon things or theft

·        When all these are present, the innkeeper is subsidiarily liable

·        No civil liability in case of robbery w/ violence against or intimidation of person, unless committed by the innkeeper’s employees

·        Actual deposit of the things of the guest to the innkeeper is not necessary, it is enough that they were within the inn.

Art. 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.

Elements

a.     employer, teacher, person or corporation is engaged in any kind of industry

Industry – any department or branch of art, occupation or business; especially one w/c employs so much labor and capital is a distinct branch of trade

b.     any of their servants, pupils, workmen, apprentices of employees commits a felony while in the discharge of his duties

c.      the said employee is insolvent and has not satisfied his civil liability

Ø  Hospitals are not engaged in industry; hence nit subsidiarily liable for acts of nurses

Ø  Private persons w/o business or industry, not subsidiarilly liable

Art. 104.          What is included in civil liability. — The civil liability established in Articles 100, 101, 102, and 103 of this Code includes:

1.         Restitution;

2.         Reparation of the damage caused;

3.         Indemnification for consequential damages.

·        First remedy granted by law is no. 1, in case this is not possible no. 2.

·        In either case, no. 3 may be required

·        Restitution – in theft, the culprit is duty bound to return the property stolen

·        Reparation – in case of inability to return the property stolen, the culprit must pay the value of the property stolen.

·        In case of physical injuries, the reparation of the damage cause would consist in the payment of hospital bills and doctor’s fees to the offended party

·        Indemnification – the lost of salary or earnings

Art. 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.

·        The convict cannot by way of restitution, give to the offended party a similar thing of the same amount, kind or species and quality. The very thing should be returned.

·        If the property stolen while in the possession of the third party suffers deterioration due to his fault, the court will assess the amount of the deterioration and, in addition to the return of the property, the culprit will be ordered to pay such amount

·        General Rule: the owner of the property illegally taken by the offender can recover it from whomsoever is in possession thereof. Thus, even if the property stolen was acquired by a 3^rd person by purchase w/o knowing that it has been stolen, such property will be returned to the owner.

·        If the thing is acquired by a person knowing that it was stolen, then he is an accessory and therefore criminally liable

·        The third party who acquired the stolen property may be reimbursed w/ the price paid therefor if it be acquired at (a) a public sale and (b) in good faith

·        Circumstances which bar an action for recovery:

b.     Torrens title

c.      When sale is authorized

·        When the liability to return a thing arises from a contract, not from a criminal act, the court cannot order its return in the criminal case.

·        Restitution may be ordered, even if accused is acquitted, provided the offense is proved and it is shown that the thing belongs to someone else

·        When crime is not against property, no restitution or reparation of the thing can be done

·        Payment of salary of an employee during the period of suspension cannot, as a general rule, be properly decreed by the court in a judgement of acquittal. It devolves upon the head of the department concerned

·        The court has authority to order the reinstatement of the accused acquitted of a crime punishable by the penalty of perpetual or temporary disqualification

Art. 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.

Notes:

·        Reparation will be ordered by the court if restitution is not possible

·        Reparation shall be

a)     the price of the thing

b)     its sentimental value

·        If there is no evidence as to the value of the thing unrecovered, reparation cannot be made

·        Payment by the insurance company does not relive the offender of his obligation to repair the damage caused

·        The damages shall be limited to those caused by the crime

·        Accused is liable for the damages caused as a result of the destruction of the property after the crime was committed either because it was lost or destroyed by the accused himself or that of any other person or as a result of any other cause or causes

Art. 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.

·        Indemnity refers to crimes against persons; reparation to crimes against property

·        Indemnity for medical services still unpaid may be recovered

·        Contributory negligence on the part of the offended party reduces the civil liability of the offender

·        The civil liability may be increased only if it will not required an aggravation of the decision in the criminal case on w/c it is based

·        The amount of damages for death shall be at least 50,000, even though there may have been mitigating circumstances.

·        In addition:

1.     payment for the loss of the earning capacity of the deceased

2.     if the deceased was obliged to give support, the recipient who is not an heir, may demand support from the defendant

3.     the spouse, illegitimate and illegitimate descendants and ascendants of the deceased may demand for moral damages.

·        Moral damages may be recovered in the ff:

1.     physical injuries

2.     seduction, abduction, rape

3.     adultery, concubinage

4.     illegal or arbitrary detention

5.     illegal search

6.     libel, slander, defamation

7.     malicious prosecution

·        Exemplary damages may be imposed when the crime was committed with one or more aggravating circumstances; cannot be recovered as a matter of right, the court will decide whether they should be adjudicated.

Art. 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.

·        The heirs of the person liable has no obligation if restoration is not possible and the deceased left no property

·        Civil liability is possible only when the offender dies after final judgement.

·        If the death of the offender took place before any final judgement of conviction was rendered against him, the action for restitution must necessarily be dismissed.

Art. 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.

In case of insolvency of the accomplices, the principal shall be subsidiarily liable for their share of the indemnity and in case of the insolvency of the principal, the accomplices shall be subsidiarily liable, jointly and severally liable, for the indemnity due from said principal

Art. 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.

·        Example: an indemnity of 100,000 has been sentenced, 50,000 will go to the principal and 20,000 to the accomplice

·        Subsidiary liability will be enforced on:

1.     first, against the property of the principal

2.     second, against that of the accomplice

3.     third, against that of the accessories

Art. 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.

Notes:

1.     This refers to a person who has participated gratuitously in the commission of a felony and he is bound to make restitution in an amount equivalent to the extent of such participation

2.     The third person must be innocent of the commission of the crime otherwise he would be liable as an accessory and this article will apply

Art. 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.

·        Civil liability is extinguished by:

1.     payment or performance

2.     loss of the thing due

3.     condonation or remission of the debt

4.     confusion or merger of the rights of creditor and debtor

5.     compensation

6.     novation

·        Other causes of extinguishment of obligations such as annulment, rescission, fulfillment of a resolutory condition and prescription are governed elsewhere in this code

·        Civil liability may arise from

1.     Crime - RPC

2.     Breach of contract - CC

3.     Tortious act – CC

·        The civil liability from any of these is extinguished by the same causes enumerated above

·        The accused shall still be liable for the payment of the thing stolen even if it is lost or destroyed

Art. 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.

Notes:

·        Unless extinguished, civil liability subsists even if the offender has served sentence consisting of deprivation of liberty or other rights or has served the same, due to amnesty, pardon, commutation of the sentence or any other reason.

·        Under the law as amended, even if the subsidiary imprisonment is served for non-payment of fines, this pecuniary liability of the defendant is not extinguished.

·        while amnesty wipes out all traces and vestiges of the crime, it does not extinguish the civil liability of the offender. A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence

·        probation affects only the criminal aspect of the crime.