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CLJ 103 - Criminal Law Book 1 Criminal Law that branch of public law that defines crimes treats of their nature and provides for their punishment. Crime is an act committed or omitted in violation of a public law forbidding or commanding it A felony is an act or omission punis...
CLJ 103 - Criminal Law Book 1 Criminal Law that branch of public law that defines crimes treats of their nature and provides for their punishment. Crime is an act committed or omitted in violation of a public law forbidding or commanding it A felony is an act or omission punishable by the Revised Penal Code Offense- those punishable by Special laws. An illegal act that does not amount to a crime as defined in the Penal Code. Infraction- violation of city or municipal ordinances. Sources of Criminal Law 1. Act 3815 known as the Revised Penal Code 2. Special Penal Laws passed by Congress 3. Presidential Decrees issued by President Marcos Common-Law Crimes - the body of principles, usages, and rules of actions that do not result from the express act of the legislature. There is no such crime in the Philippines. Q: Who has the power to define and punish crimes? A: The State NULLUM CRIMEN NULLA POENA SINE LEGE there is no crime if there is no law punishing it. CHARACTERISTICS OF CRIMINAL LAW: 1. General- criminal law is binding on all persons who live or sojourn in the Philippines. 2. Territorial- criminal laws are applicable only if the crime is committed within Philippine territory. 3. Prospective- criminal law cannot make an act punishable in a manner in which it was not punishable when committed. See Art 366. (The law looks forward and not backward) EXCEPTIONS TO THE TERRITORIAL CHARACTERISTICS 1. When the offender shall commit an offense on a Philippine ship or airship. 2. When the offender should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by the Philippine government. 3. When the offender should be liable for the acts connected with the introduction into the Philippines of the obligations and securities mentioned in number two. 4. When the offender who is a public officer or employee abroad shall commit an offense in the exercise of his functions. 5. When the offender should commit an offense against the national securities and the laws of nations. CONSTRUCTION OF PENAL LAWS: 1. Penal laws are strictly construed against the state and liberally in favor of the accused 2. If there is a conflict between the Spanish text and the English text, the Spanish text prevails. THEORIES IN CRIMINAL LAW 1. Classical (Juristic) Theory- the basis of criminal liability is human free will and the purpose of the penalty is retribution. Man is a moral creature with an absolute free will to choose between good and evil. 2. Positivist (Realistic) Theory. Man is subdued occasionally by a strange and morbid phenomenon that constrains him to do wrong. Crime is a social and natural phenomenon; it cannot be treated therefore by the application of abstract principles of law or by the imposition of punishment. RULES ON CRIMES COMMITTED ABOARD FOREIGN MERCHANT VESSELS WHILE WITHIN PHILIPPINE WATERS: 1. English Rule- the crime is punishable in the Philippines unless the crime merely affects things within the vessel. 2. French Rule- the crime is not triable in the courts of that country unless their commission has effects on the safety of the coastal state. Limitations on Congress to Enact Penal Laws 1. No Ex Post Facto Law shall be enacted. - Ex Post Facto Law is a law that makes a criminal an act done before the passage of the law and which was innocent when done, and punishes such an act; it may also be defined as a law that aggravates a crime or makes it greater than it was when committed. 2. No Bill of Attainder shall be passed. – A bill of attainder is a law that inflicts punishment without trial. 3. No person shall be deprived of life, liberty, or property without due process of law- The law must be fair and reasonable and the accused must be allowed to be heard and be accorded the rights to which he is entitled. 4. Excessive fines shall not be imposed nor cruel or unusual punishment. ACT 3815 THE REVISED PENAL CODE HISTORY OF THE RPC. The old Penal Code took effect until December 31, 1931. Administrative Order 94 of the DOJ dated October 18, 1927 Anacleto Diaz, Quintin Paredes, Guillermo Guevarra, Alex Reyes and Mariano De Joya RPC approved December 8, 1930 RPC took effect January 1, 1932 Article 1. The time when RPC Takes Effect- January 1, 1932 Art. 2. Application of its provisions Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters, and maritime zone, but also outside of its jurisdiction, against those who: 1. Should commit an offense while on a Philippine ship or airship 2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands; 3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number; 4. While being public officers or employees, should commit an offense in the exercise of their functions; or 5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code. Art. 3. Definitions Acts and omissions punishable by law are felonies (delitos). Felonies are committed not only through deceit (dolo) but also through fault (culpa). There is deceit when the act is performed with deliberate intent and there is a fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill. ELEMENTS OF FELONIES IN GENERAL: 1. An act or omission 2. Act or omission punishable by the RPC 3. The act is performed or omission is incurred through dolo or culpa. Act is any bodily movement tending to produce some effects in the external world. Omission inaction, the failure to perform an act one is bound to do. IMPRUDENCE VS. NEGLIGENCE 1. Imprudence usually involves a lack of skill. Negligence usually involves a lack of skill 2. Imprudence involves a deficiency of action. Negligence indicates a deficiency of perception. REQUISITES OF DOLO OR MALICE 1. Freedom of action 2. Intelligence 3. Intent REQUISITES OF FAULT OR CULPA 1. Freedom of action 2. Intelligence 3. Imprudent, negligent, or lack of foresight or lack of skill MISTAKE OF FACT is a misapprehension of fact on the part of the person who caused injury to another. He is not liable for the absence of criminal intent. REQUISITES OF MISTAKE OF FACT 1. The act would have been lawful had the facts been as the accused believed them to be. 2. The intention of the accused in performing the act should be lawful. 3. That the mistake must be without fault or carelessness on the part of the accused Case: U. S. vs. Ah Chong 15 Phil 488 People vs. Oanis 74 Phil 257 ACTUS NON FACIT REUM NISI MENS SIT REA the act itself does not make a man guilty unless his intention was so. ACTUS ME INVITO FACTUS NON EST MEUS ACTUS an act done by me against my will is not my act. CRIMES MALA IN SE vs. CRIMES MALA PROHIBITA: Motive the moving power which impels one to action for a definite result. The intent is the purpose to use a particular means to affect such a result. Motive is not an element of a crime and need not be proved. The intent is an element and must be proved. Art. 4. Criminal liability Criminal liability shall be incurred: 1. By any person committing a felony (delito) although the wrongful act did be different from that which he intended. The rationale of Par. 1 el que es causa de la causa es causa del mal causado - he who is the cause of the cause is the cause of the evil caused. Article 4 (1) may refer to either: b. Error in personae- mistake in the identity of the victim c. Aberratio Ictus- mistake in blow d. Praeter Intentionem- result done is greater than that originally intended. REQUISITES OF ART. 4 (1) 1. An intentional Felony has been committed. 2. The wrong done to the victim be the direct, natural, and logical consequence of the felony committed by the offender. 3. The felony done must be the proximate cause of the resulting injury. Proximate cause is that cause which in the ordinary and continuous sequence, unbroken by any efficient intervening cause produces the injury. Efficient intervening causes are those that break the relation of cause and effect. The felony committed is not the proximate cause of the resulting injury when: 1. there is an active force that intervened between the felony committed and the resulting injury; 2. the resulting injury is due to the intentional act of the accused. 2. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means. IMPOSSIBLE CRIMES those crimes which would have been committed against a person or property were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. The purpose of the law in punishing impossible crime is to suppress criminal propensities or tendencies. The penalty for the impossible crime is arresto mayor or fine of P200-500 (Article 59). REQUISITES OF IMPOSSIBLE CRIMES 1. The act performed would have been an offense against persons or property. 2. The act was done with evil intent 3. Its accomplishment is inherently impossible because means are either inadequate or ineffectual 4. The act does not constitute another violation of the RPC. Art. 5. Duty of the court in connection with acts which should be repressed but which are not covered by the law, and in cases of excessive penalties Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of legislation. In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense. Art. 6. Consummated, frustrated, and attempted felonies Consummated felonies as well as those which are frustrated and attempted, are punishable. A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is frustrating when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. There is an attempt when the offender commences the commission of a felony directly or over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance. STAGES IN THE EXECUTION OF A FELONY 1. Consummated- when all the elements necessary for its accomplishment and execution are present 2. Attempted- when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. ATTEMPTED FELONY REQUISITES a. Offender commences the commission of a felony directly by overt acts When is a felony commenced by overt acts? a. there must be external act; b. the external act must have direct connection with the crime intended to be committed. Case: People vs. Lamahang 61 Phil 703 INDETERMINATE OFFENSE It is one where the purpose of the offender in performing an act is not certain Case: People vs. Baleros 483 SCRA 10 PREPARATORY ACT vs OVERT ACT Overt Act some physical activity or deed more than a mere planning or preparation, which if carried out to its complete termination following its natural course. Without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator, will logically and naturally ripen in a concrete offense. Rationale for spontaneous desistance: A sort of reward to those who heed the call of conscience and return to the path of righteousness. But the desistance should be made before all the acts of execution are performed. b. He does not perform all the acts of execution c. He is not stopped by his own spontaneous desistance d. The non-performance of the all acts of execution was due to cause or accident other than his own spontaneous desistance. 3. Frustrated- when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless do not produce it by reason of causes independent of the will of the perpetrator. FRUSTRATED FELONY REQUISITES 1. Offender performs all the acts of execution 2. Felony is not produced 3. By reason of cause independent of the will of the perpetrator DEVELOPMENT OF A CRIME 1. Internal acts- these are the mere ideas in the mind of a person 2. External acts a. Preparatory act- ordinarily not punishable b. Acts of execution- they are the stages. Already punishable. Q: How to determine whether a crime is attempted, frustrated or consummated? a. the elements present b. the nature of the offense c. the manner of the commission of the crime FORMAL CRIMES vs. MATERIAL CRIMES Formal crimes are crimes consummated in one instant. There is only one stage and that is consummated stage. Material crimes have three stages of execution, attempted, frustrated and consummated. Art. 7. When light felonies are punishable Light felonies are punishable only when they have been consummated, with the exception of those committed against person or property. Art. 8. Conspiracy and proposal to commit felony Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor. A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons. Conspiracy and Proposal to Commit a Felony- are punishable only in the cases in which the law specifically provides a penalty therefore. Cases where mere conspiracy is already punishable: 1. Conspiracy to commit treason (Art. 115); 2. Conspiracy to commit rebellion or insurrection (Art. 136); 3. Conspiracy to commit sedition (Art. 141); 4. Conspiracy in restraint of trade or commerce (Art. 186) 5. Conspiracy to commit terrorism under RA 9372 6. Conspiracy to commit arson under PD 1602. Cases where mere proposal is already punishable: 1. Proposal to commit treason (Art. 115); 2. Proposal to commit rebellion or insurrection (Art. 136). “Act of One is Act of All.” Art. 9. Grave felonies, less grave felonies and light felonies Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of the Code. Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above- mentioned Article. Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding 200 pesos or both; is provided. CLASSIFICATION OF FELONIES ACCORDING TO GRAVITY Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their period are afflictive. Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional. Light felonies are infraction of laws for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or both is provided. PRINCIPAL PENALTIES Capital Punishment: Death Afflictive Penalties Reclusion Perpetua- 20 yrs. +1 day to 40 yrs. Reclusion temporal- 12 yrs. +1 day-20 yrs. Perpetual or temporary absolute disqualification-6 yrs. +1 day to 12 yrs. Perpetual or temporary special disqualification- 6 yrs. +1 day to 12 yrs. Prision Mayor-6 yrs. + 1 day to 12 years Correctional penalties Prision correctional- 6 mos. + 1 day to 6 yrs. Arresto mayor-1 month + 1 day to 6 mos. Suspension- 6 mos+1 day to 6 yrs. Destierro- 6 mos. +1 day to 6 yrs. Light penalties: Arresto menor- 1 day to 30 days Public censure Accessory penalties Perpetual or temporary absolute disqualification Perpetual or temporary special disqualification Suspension from public office, the right to vote and be voted for Civil Interdiction Indemnification Forfeiture or confiscation of instrument sand proceeds of the offense Payment of cost Art. 10. Offenses not subject to the provisions of this Code Offenses which are or in the future may be punishable under special laws are not subject to the provisions of this Code. This Code shall be supplementary to such laws, unless the latter should specially provide the contrary. Special Law a law which defines and punishes act not found in the RPC CIRCUMSTANCES AFFECTING ONES CRIMINAL LIABILITY 1. Justifying Circumstances Justifying circumstances those where the act of a person is said to be in accordance with the law. As a consequence, he is freed from criminal and civil liability. Enumerate the Justifying Circumstances: 1. Self defense Long (Complete) Version Anyone who acts in defense of his person or rights REQUISITES OF SELF DEFENSE 1. Unlawful aggression; is assault or at least threatened assault of an immediate and imminent kind. * When the aggressor flees, there is no more unlawful aggression * But when he retreats to take advantage of a better position, unlawful aggression still exists * There is no unlawful aggression when there is an agreement to a fight. * Rights involved in self defense includes defense of honor and property. Retreat to the wall doctrine An ancient common law rule in homicide which made it the duty of a person assailed to retreat as far as he can before he is justified in meeting force with force no longer followed in the Philippines Stand ground when in the right A rule which states that where the accused is where he has the right to be, the law does not require him to retreat when his assailant is advancing upon him with a deadly weapon. it is currently the rule in the Philippines Case: People vs. Jaurigue 76 Phil 174 People vs. Apolinar 38 OG 2870 * The belief of the accused is considered in determining the existence of unlawful aggression. * But a mere threatening attitude is not unlawful aggression. * Cases where the unlawful aggressor is disarmed * The defender must not indiscriminately fire his weapon 2. Reasonable necessity of the means employed to prevent or repel it; TEST OF REASONABLENESS IN DETERMINING WHETHER THERE IS SELF DEFENSE. 1. Nature of the weapon used by the aggressor 2. Quality of his weapon 3. The physical conditions of both parties 4. Place of the aggression and others. 3. Lack of sufficient provocation on the part of the person defending himself Provocation any unjust or improper conduct on the part of the offended party capable of inciting or irritating anyone. THINGS TO REMEMBER IN PROVOCATION: 1. There must be no provocation made by the one claiming self defense; 2. Even if provocation was given, it must be sufficient provocation; 3. Even if the provocation was sufficient, but it was not given by the person claiming self-defense then there is self defense. 2. Defense of relatives Long (Complete) Version Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and those consanguinity within the fourth civil degree, provided that the first and second requisites prescribed in the next preceding circumstance are present, and the further requisite, in case the revocation was given by the person attacked, that the one making defense had no part therein. DEFENSE OF RELATIVES REQUISITES 1. Unlawful aggression 2. Reasonable necessity of the means employed to prevent or repel it 3. In case the provocation was given by the person attacked, the one making the defense had no part therein. * Relatives by affinity are those created by marriage such as parents in law, sons and daughters in law * Relatives by consanguinity are relatives by nature or by blood relations. Siblings are within the 2nd civil degree, whereas uncle and niece or aunt and nephew are within the 3rd civil degree, first cousins are within the 4th civil degree. 3. Defense of strangers Long (Complete) Version Anyone who acts in defense of the person or rights of a stranger, provided that the first and second requisites mentioned in the first circumstance of this article are present and that the person defending be not induced by revenge, resentment, or other evil motive. DEFENSE OF STRANGERS REQUISITES 1. Unlawful aggression 2. Reasonable necessity of the means employed to prevent or repel it 3. The person defending be not induced by revenge, resentment or other evil motive. 4. Avoidance of greater evil Long (Complete) Version Any person who, in order to avoid an evil or injury, does not act which causes damage to another, provided that the following requisites are present: First: That the evil sought to be avoided actually exists; Second: That the injury feared be greater than that done to avoid it; Third: That there be no other practical and less harmful means of preventing it. AVOIDANCE OF GREATER EVIL REQUISITES 1. That the evil sought to be avoided actually exists; 2. That the injury feared be greater than that done to avoid it; 3. That there be no other practical and less harmful means of preventing it 5. Fulfillment of duty Long (Complete) Version Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office. FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF RIGHT OR OFFICE REQUISITES 1. The accused acted in the performance of duty or in the lawful exercise of a right or office. 2. The injury caused is the consequence of the due performance of duty or the lawful exercise of such right or office. Case: People vs. De Lima 46 Phil. 738 6. Obedience to order of superior. Long (Complete) Version Any person who acts in obedience to an order issued by a superior for some lawful purpose. OBEDIENCE TO ORDER ISSUED BY A SUPERIOR REQUISITES 1. A lawful order has been issued by a superior; 2. The means used by the accused subordinate to carry out said order is lawful Who has the burden to prove self defense? The defense (accused) DOCTRINE OF SELF HELP states that the owner or the lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. Thus, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. (Art. 429 Civil Code) 2. Exempting Circumstances Exempting Circumstances are those grounds for exemption from punishment because there is wanting in the agent of the crime any of the conditions which make the act voluntary or negligent. ENUMERATE THE EXEMPTING CIRCUMSTANCES: 1. Imbecility; Insanity (unless the latter acted during a lucid interval) Long (Complete) Version An imbecile or an insane person, unless the latter has acted during a lucid interval. When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court. Imbecile One who is old but has a mental development similar to children between the ages 2-7 years. Insanity one which exists when there is a complete deprivation of intelligence in committing the criminal act, that is the accused is deprived of reason and acts without the least discernment. who has the burden to prove insanity? Defense (Accused) INSANITY AT THE TIME OF THE COMMISSION OF THE CRIME vs. INSANITY AT THE TIME OF TRIAL 2. A person under 9 Long (Complete) Version A person under nine years of age. (Repealed by RA 9344) REPUBLIC ACT 9344- AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM (Juvenile Justice and Welfare Act of 2006) Child in Conflict with the Law a child who is accused or adjudged of having committed an offense. Initial contact with the child refers to the apprehension of a child in conflict with the law by officers or private citizens. Status Offense offenses which discriminate only against a child while an adult does not suffer any penalty for committing similar acts. Examples are: curfew violations, truancy, parental disobedience. Section 6 RA 9344 says A child 15 years of age or under at the time of the commission of the offense shall be exempt from criminal liability. A child above 15 years but below 18 shall likewise be exempt from criminal liability and be subjected to intervention program unless he has acted with discernment. Section 58 of the same law says Persons below 18 years of age shall be exempt from prosecution for the crime of vagrancy and prostitution, of mendicancy under PD 1563 and sniffing of rugby under PD 1619. 3. A person over 9 and under 15 unless he has acted with discernment. Long (Complete) Version A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code. (Repealed by RA 9344) Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it. Discernment the mental capacity of a minor to distinguish between right from wrong and to fully appreciate the consequences of his felonious acts. It may be shown by: a. manner of committing the crime; b. conduct of the offender c. such other circumstances 4. Accident Long (Complete) Version Any person who act under the compulsion of irresistible force. ACCIDENT REQUISITES 1. A person performs a lawful act; 2. With due care; 3. He causes an injury to another; 4. Without fault or intention of causing it. Case: US vs. Taneo 15 Phil 196 5. Uncontrollable fear Long (Complete) Version Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. IRRESISTIBLE FORCE a force which produces such an effect upon an individual that, in spite of all resistance, it reduces him to a mere instrument and as such incapable of committing a crime UNCONTROLLABLE FEAR The exempting circumstance of uncontrollable fear presupposes that the accused is compelled by means of threat or intimidation by a third person to commit a crime. 6. Lawful or insuperable cause. Long (Complete) Version Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause. LAWFUL OR INSUPERABLE CAUSE ABSOLUTORY CAUSES 1. Art 247. Death or physical injuries under exceptional circumstances 2. Art. 280 (3) trespass 3. Art. 332. Persons exempt from criminal liability 4. Art. 20. Accessories exempted 5. Art. 6 on spontaneous desistance 6. Instigation – one which takes place when a peace officer induces a person to commit a crime. Without the inducement, the crime would not be committed. It exempts one from criminal liability. ENTRAPMENT vs. INSTIGATION ENTRAPMENT Ways and means are resorted to for the purpose of trapping and capturing the lawbreaker in the execution of his plans The intent to violate the law originated from the accused himself Not an absolutory cause hence does not exempt from criminal liability INSTIGATION Here, the police practically induce the accused into the commission of the offense and he himself becomes a co- principal The intent to violate the law did not originate from the accused as he was induced only by the police to perform a criminal act An absolutory cause that exempts one from criminal liability PEOPLE OF THE PHILIPPINES vs. MARIVIC GENOSA 419 SCRA 542 (BATTERED WOMAN SYNDROME) Battered Wife a woman who is repeatedly subjected to any forceful physical or psychological behavior by a man in order to do something he wants her to do without concern for her rights. It includes wives or woman in any form of intimate relationship with a man. The couple must go through the battering cycle at least twice. What are the cycles of violence in BWS? 1. Tension Building Stage- where minor battering occurs 2. Acute Battering Incident- characterized by brutality, destructiveness and death. 3. Tranquil or loving phase- The batterer shows loving caring nurture to the victim. 3. Mitigating Circumstances Mitigating circumstances those which if present in the commission of a crime, do not entirely free the actor from criminal liability but reduces only the penalty. NUMERATE THE MITIGATING CIRCUMSTANCES 1. Incomplete justifying or exempting circumstance Long (Complete) Version Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from criminal liability in the respective cases are not attendant. 2. Under 18 Long (Complete) Version That the offender is under eighteen year of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of Art. 80. (Correlate with RA 9344) 3. No intention to commit so grave a wrong (praeter intentionem) Long (Complete) Version That the offender had no intention to commit so grave a wrong as that committed. NO INTENTION TO COMMIT SO GRAVE A WRONG AS THAT COMMITTED How to determine the lack of grave intention to commit the offense? Consider the following: a. the weapon used b. nature of the injury c. part of the body targeted This mitigating circumstance is invocable only in felonies resulting in some physical harm like physical injuries, homicide etc. 4. Sufficient provocation or threat Long (Complete) Version That sufficient provocation or threat on the part of the offended party immediately preceded the act. 5. Vindication of a grave offense Long (Complete) Version That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees. IMMEDIATE VINDICATION OF A GRAVE OFFENSE PROVOCATION vs. IMMEDIATE VINDICATION PROVOCATION Provocation is made only to the person committing the felony In provocation the provocation need not be grave In provocation, the provocation or threat must immediately precede the act VINDICATION In vindication, the grave offense may be committed against the spouse, the ascendants, descendants, brothers or sisters or relatives by affinity within the same degree of the offender. In vindication, the offended party must have done a grave offense to the offender or his relatives In vindication, the vindication of the grave offense may be proximate, which admits of interval of time between the commission of the grave offense and the commission of the crime by the accused. 6. Passion or obfuscation Long (Complete) Version That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. PASSION OR OBFUSCATION REQUISITES: 1. There is an act unlawful and sufficient to produce passion or obfuscation; 2. The act which produced such emotion must not be far removed from the commission of the crime, during which the accused might recover his normal equanimity 7. Voluntary surrender/ voluntary confession of guilt Long (Complete) Version That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution. VOLUNTARY SURRENDER * Voluntary surrender must be made to a person in authority or his agents * A surrender is voluntary when it is spontaneous in such a manner that it shows the interest of the accused to surrender voluntarily to the authorities either because he acknowledges his guilt or wishes to save the authorities the expenses incurred in his search. VOLUNTARY CONFESSION OF GUILT/PLEA OF GUILTY REQUISITES 1. It must be made in open court 2. It must be made prior to the presentation of evidence of the prosecution 8. Deaf, dumb, blind and other physical defects Long (Complete) Version That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings. DEAF, DUMB, BLIND AND OTHER PHYSICAL DEFECTS 9. Illnesses which diminish will power Long (Complete) Version Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of the consciousness of his acts. ILLNESS AS WOULD DIMINISH THE EXERCISE OF THE WILL POWER 10. Analogous circumstances. Long (Complete) Version And, finally, any other circumstances of a similar nature and analogous to those above mentioned. 4. Aggravating Circumstances Aggravating Circumstances are those which if attendant in the commission of the offense, would serve to increase the penalty. ENUMERATION OF AGGRAVATING CRCUMSTANCES: 1. Advantage of public position Long (Complete) Version That advantage be taken by the offender of his public position. 2. In contempt or with insult to public authorities Long (Complete) Version That the crime be committed in contempt or with insult to the public authorities. 3. Disrespect on the rank, age or sex of the offended party; the crime is committed in the dwelling of offended party Long (Complete) Version That the act be committed with insult or in disregard of the respect due the offended party on account of his rank, age, or sex, or that is be committed in the dwelling of the offended party, if the latter has not given provocation. INSULT OR DISRESPECT OF THE RANK, AGE OR SEX * This aggravating circumstance is applicable only in crimes against honor or persons 4. Abuse of confidence or obvious ungratefulness Long (Complete) Version That the act be committed with abuse of confidence or obvious ungratefulness. 5. Palace of the Chief Executive, or in his presence, or place where authorities discharge their duties, or place of religious worship Long (Complete) Version That the crime be committed in the palace of the Chief Executive or in his presence, or where public authorities are engaged in the discharge of their duties, or in a place dedicated to religious worship. 6. Nighttime, uninhabited place, band Long (Complete) Version That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense. NIGHTIME that period of darkness beginning at end of dusk and ending at dawn. * Not aggravating if crime commenced in daytime * If the locus criminis is lighted no aggravating of nighttime UNINHABITED PLACE one where there are no houses or where the houses are scattered at a great distance from each other BAND whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band. When is nighttime, uninhabited place and band aggravating? 1. When the offender took advantage thereof for the purpose of impunity 2. When specially sought for by the offender to insure the commission of the crime 3. When it facilitated the commission of the crime. 7. On occasion of conflagration, shipwreck etc. Long (Complete) Version That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic or other calamity or misfortune. 8. Aid of armed men Long (Complete) Version That the crime be committed with the aid of armed men or persons who insure or afford impunity. 9. Recidivist Long (Complete) Version That the accused is a recidivist. A recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of this Code. RECIDIVIST one who at the time of his trial for one crime, shall have been previously convicted by final judgment of another crime embraced in the same title of the Revised Penal Code. 10. Reiteration Long (Complete) Version That the offender has been previously punished by an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. REITERATION An offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty 11. Price, reward or promise Long (Complete) Version That the crime be committed in consideration of a price, reward, or promise. 12. Inundation, fire, poison, etc. Long (Complete) Version That the crime be committed by means of inundation, fire, poison, explosion, stranding of a vessel or international damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin. 13. Evident Premeditation Long (Complete) Version That the act be committed with evident premeditation. EVIDENT PREMEDITATION it involves a determination to commit the crime prior to the moment of its execution and also to carry out the criminal intent which must be the result of deliberate, calculated and reflective thoughts through a period of time sufficient to dispassionately consider and accept the consequences thereof, thus indicating greater perversity What is the essence of evident premeditation? The essence of evident premeditation is that the execution of the criminal act must be preceded by cool thought and reflection upon the resolution to carry out the criminal intent during the space of time sufficient to arrive at a calm judgment. What are the requisites of evident premeditation? 1. The time when the offender determined to commit the crime; 2. An act manifestly indicating that the culprit has clung to his determination; 3. A sufficient lapse of time between the determination and execution, to allow him to reflect upon the consequences of his act and to allow his conscience to overcome the resolution of his will. * The latest ruling is that premeditation is not aggravating when the victim is different from that intended 14. Craft, fraud or Disguise Long (Complete) Version That the craft, fraud or disguise be employed. CRAFT is a circumstance characterized by trickery or cunning resorted to by the accused, to carry out his design. It is the use of intellectual trickery and cunning on the part of the accused. FRAUD insidious words or machinations used to induce the victim to act in a manner which would enable the offender to carry out his design. DISGUISE it involves the deliberate effort of the accused to conceal his identity in the commission of the crime. 15. Superior strength or means to weaken defense Long (Complete) Version That advantage be taken of superior strength, or means be employed to weaken the defense. 16 Treachery Long (Complete) Version That the act be committed with treachery (alevosia). There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make. TREACHERY there is treachery when the offender commits any of the crimes against the person, employing means, methods or forms in the execution thereof which tend directly and specially to ensure its execution, without risk to himself arising from the defense which the offended party might make. 17. Ignominy Long (Complete) Version That means be employed or circumstances brought about which add ignominy to the natural effects of the act. IGNOMINY is a circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime. It is a circumstance that tends to make the effects of the crime more humiliating, thus adding to the victim’s moral sufferings. Case: People v. Bumidang: 04 Dec. 2000 346 SCRA 807 People vs. Siao- 3 march 2000 327 SCRA 269 18. Unlawful entry Long (Complete) Version That the crime be committed after an unlawful entry. There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or window be broken UNLAWFUL ENTRY there is unlawful entry when an entrance is affected by a way not intended for the purpose. 19. Wall, roof, floor be broken Long (Complete) Version That as a means to the commission of the crime a wall, roof, floor, door, or window be broken. 20. Aid of persons under 15, motor vehicle Long (Complete) Version That the crime be committed with the aid of persons under fifteen years of age or by means of motor vehicles, motorized watercraft, airships, or other similar means. 21. Cruelty Long (Complete) Version That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commissions. CRUELTY a circumstance whereby the offender enjoys and delights in making his victim suffer slowly and gradually, causing him unnecessary physical pain in the consummation of his criminal act. Case: People vs. Guerrero 19 September 2002 389 SCRA 389 FOUR KINDS OF AGGRAVATING CIRCUMSTANCE: 1. Generic- generally applies to all crimes. 2. Inherent- that must necessarily accompany the commission of a crime. 3. Qualifying- that which changes the nature of the crime. 4. Specific- Those that apply only to a particular crime. 5. Alternative Circumstances Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. They are the relationship, intoxication and the degree of instruction and education of the offender. The alternative circumstance of relationship shall be taken into consideration when the offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender. The intoxication of the offender shall be taken into consideration as a mitigating circumstance when the offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony but when the intoxication is habitual or intentional, it shall be considered as an aggravating circumstance. What are the three alternative circumstances? 1. Relationship 2. Intoxication 3. Degree of instruction and education of the offender. Imputability the quality by which a criminal act maybe pinpointed to another as its doer or author. Responsibility is the obligation of an offender in suffering the consequences of a crime. PERSONS CRIMINALLY LIABLE FOR FELONIES Art. 16. Who are criminally liable? The following are criminally liable for grave and less grave felonies: 1. Principals. 2. Accomplices. 3. Accessories. The following are criminally liable for light felonies: 1. Principals 2. Accomplices. WHO ARE THE PERSONS WHO MAY BE CRIMINALLY LIABLE? (Degree of participation) 1. Principals 2. Accomplices 3. Accessories Art. 17. Principals. The following are considered principals: 1. Those who take a direct part in the execution of the act; 2. Those who directly force or induce others to commit it; 3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished. THREE CLASSIFICATIONS OF PRINCIPALS 1. Those who take a direct part in the execution of the act. 2. Those who directly forced or induced others to commit it 3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished Art. 18. Accomplices WHO/WHAT IS AN ACCOMPLICE? Accomplices are those persons who, not being included in Art. 17, cooperate in the execution of the offense by previous or simultaneous acts. Art. 19. Accessories Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners: 1. By profiting themselves or assisting the offender to profit by the effects of the crime. 2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery. 3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime. Art. 20. Accessories who are exempt from criminal liability The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article. WHO ARE THE ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILTY? The spouse, ascendants, descendants, brothers and sisters or relatives by affinity within the same degree. (Note: Except paragraph one) Penalty is the suffering inflicted by the State for the transgression of the law. JURIDICAL CONDITIONS OF PENALTY 1. Must be commensurate with the offense- different crimes have different penalties under the law. 2. Must be personal- A person should be held accountable for his own actions. No person should be punished for the crime of another 3. Certain- No person must escape the penalty. 4. Legal- The penalty must be in accordance with the law JUSTIFICATION FOR THE IMPOSITION OF PENALTY 1. Exemplarity- to serve as an example to others and deter them from emulating the criminal. 2. Justice- Criminal is punished as an act of retributive justice. 3. Prevention- To suppress or prevent the danger to the State of the acts of the criminal. 4. Reformation- Under the modern concept of correction the criminal is punished in order to rehabilitate or reform him. 5. Self Defense- To protect the society against the threats and actions of the criminals. LIFE IMPRISONMENT vs. RECLUSION PERPETUA LIFE IMPRISONMENT does not have specific duration imposed for violations of special laws does not have accessory penalties RECLUSION PERPETUA Has duration of 30 years after which convict becomes pardonable but the maximum period shall not exceed 40 years. Imposed for violations of felonies punishable under the Revised Penal Code Has accessory penalties What penalty may be imposed by the state? (Prospective character) No felony shall be punishable by any penalty not prescribed by law prior to its commission (Art. 21) When may penal laws have retroactive effects? Penal laws shall have retroactive effect in so far as they favor the person guilty of a felony, who is not a habitual criminal (art. 22) What is the effect of pardon by the offended party? A pardon by the offended party does not extinguish criminal action except as provided in article 344. But civil liability with regard to the interest of the injured party is extinguished by his express waiver (Art. 23) When is fine afflictive, correctional or light in character? 1. It is afflictive if it exceeds P6000. 2. It is correctional if it does not exceed P6000 but is not less than P200 3. It is light if it is less than P200. Explain the concept of preventive imprisonment. Offenders or accused who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners. Except: 1. when they are recidivist, or have been convicted previously twice or more times of any crime; 2. when upon being summoned for the execution of their sentence they failed to surrender voluntarily. (Article 29) Note: An accused undergoes preventive imprisonment when the offense charged is non bailable or even if bailable he cannot furnish the required bail. Now if an accused does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with 4/5 of the time during which he has undergone preventive imprisonment. What is civil interdiction? It is an accessory penalty which has the effects of depriving 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. What is bond to keep the peace? It is an accessory penalty which has the effect of requiring the person sentenced to it to present two sureties who shall undertake that such person will not commit the offense sought to be prevented, and in case such offense be committed they will pay the amount determined by the court in its judgment, or otherwise to deposit such amount in the office of the clerk of court to guarantee said undertaking. If the person sentenced fail to give the bond as required, he shall be detained for a period not exceeding six months if he shall have been prosecuted for grave or less grave felony, and shall not exceed thirty days, if for a light felony. What is the effect of pardon (by the President)? 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. It shall also not exempt the culprit from the payment of the civil liability imposed upon him by the sentence. Pardon is an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed. A pardon may either be a conditional or absolute. LIMITATIONS ON THE PARDONING POWER OF THE PRESIDENT 1. Pardon can be exercised only after conviction; 2. This power cannot be extended to cases of impeachment 3. No pardon involving violations of elections laws, shall be granted without the favorable recommendation of the Comelec. PARDON OF THE PRESIDENT vs. PARDON BY THE PRIVATE OFFENDED PARTY PARDON OF THE PRESIDENT Extinguishes the criminal liability of the offender It does not include the civil liability to pay Granted only after conviction PARDON OF THE OFFENDED PARTY It does not extinguish the criminal liability of the offender The offended party can waive the civil liability of the offender Must be made before the institution of the criminal action in cases where the law allows pardon by the offended party. Also, it must be extended to both offenders. ENUMERATE THE PROPER ORDER OF PAYMENT OF THE PECUNIARY LIABILITIES OF THE OFFENDER: 1. Reparation of the damage caused 2. Indemnification of consequential damages 3. The fine 4. Cost of the proceedings (Art. 38) What is subsidiary imprisonment/penalty? It is a personal liability to be suffered by the convict who has no property to pay the fine at the rate of one day for each eight pesos. (Art. 39) RULES TO BE OBSERVED IN SUBSIDIARY IMPRISONMENT 1. When the principal penalty is higher than prision correctional no subsidiary imprisonment shall be impose. 2. If the principal penalty be prison correctional or arresto and fine, his subsidiary imprisonment shall not exceed 1/3 of the term of the sentence, and in no case shall it continue for more than one year 3. When the principal penalty is only fine, subsidiary imprisonment shall not exceed six months, if the offender is prosecuted for grave or less grave felonies, and shall not exceed 15 days if for a light felony. 4. The subsidiary penalty which he may have suffered shall not relieve him from the fine in case his financial circumstances should improve. (Art. 39) Note: Articles 40-44 are merely enumeration of accessory penalties for each penalty. What is to be done to the proceeds or instrument of a 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. They shall be forfeited in favor of the Government, unless they be the property of a third person not liable for the offense, but those articles which are not subject of lawful commerce shall be destroyed. (Art. 45) COMPUTATION OF PENALTIES BY GRADUATION OF DEGREE Principals Consummated 0 Frustrated 1 Attempted 2 Accomplices Consummated 1 Frustrated 2 Attempted 3 Accessories Consummated 2 Frustrated 3 Attempted 4 Article 71 RPC. Graduated Scale SCALE NO. 1 1. Death 2. Reclusion Perpetua 3. Reclusion Temporal 4. Prision Mayor 5. Prision Correctional 6. Arresto Mayor 7. Destierro 8. Arresto Menor 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. There must be a court statement that the accused serve the sentence in his house. The grounds could be for health reasons, and others (humanitarian) 9. Public Censure 10. Fine SCALE NO. 2 1. Perpetual absolute disqualification 2. Temporary absolute disqualification 3. Suspension from public office, the right to vote and be voted for, and the right to follow a profession or calling 4. Public censure 5. Fine What is a complex crime? There is a complex crime 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. (In which case the penalty for the more serious crime shall be imposed in its maximum period-Art 48). TWO KINDS OF COMPLEX CRIMES: 1. When a single act constitutes two or more grave or less grave felonies- (compound crime or delito compuesto) 2. When an offense is a necessary means of committing the other- (complex crime proper or delito complejo) Plurality of crimes consist in the successive execution by one individual of different criminal acts upon which no conviction is yet declared. It could either be formal or ideal plurality of which art. 48 is the best example, that is there is only one criminal liability or real or material plurality where there are different crimes in the eyes of the law and in the conscience of the offender. Hence in real or material plurality the offender is punished for each and every offense that he committed. What is a continuing/continued/continuous crime? It is a single crime, consisting of a series of acts all arising from one criminal resolution. It is a continuous, unlawful act or series of act set on foot by a single impulse and operated by an unintermittent force, however long time it may occupy. ARTICLE 62 REVISED PENAL CODE 1. Aggravating circumstances which in themselves constitute a crime especially punishable by law or which are included by law in defining a crime and prescribing the penalty therefore shall not be taken into account for the purpose of increasing the penalty. a. When in the commission of a crime advantage was taken by the offender of his public position, the maximum penalty shall be imposed regardless of mitigating circumstances. b. The maximum penalty shall be imposed if the offense was committed by any person who belongs to an organized/syndicated group. An organized or syndicated group means a group of two or more persons collaborating, confederating, or mutually helping one another for the purpose of gain in the commission of a crime. 2. 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 serve only to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant. 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 only those persons who had knowledge of them at the time of the execution of the act or their cooperation therein. Who/What is a habitual delinquent? A person shall be deemed a habitual delinquent if within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa, or falsification, he is found guilty of any of said crimes a third time or oftener. PENALTY TO BE IMPOSE UPON A PERSON UNDER 18 YEARS OF AGE (Art. 68) 1. 9-15 = a discretionary penalty is imposed but always lowered by 2 degrees than that prescribed by law for the crime he committed. 2. Over 15 but under 18= a penalty next lower than that prescribed by law but always in the proper period. What is the rule on 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 permit so, otherwise 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 first imposed or should they have been carried out (Art. 70). Enumerate the proper order of severity of penalty from the highest to the lowest. 1. Death 2. Reclusion Perpetua 3. Reclusion temporal 4. Prision Mayor 5. Prision Correctional 6. Arresto mayor 7. Arresto menor 8. Destierro 9. Perpetual Absolute Disqualification 10. Temporary Absolute Disqualification 11. Suspension from public office, the right to vote and be voted for, profession 12. Public censure What is the threefold rule in the service of sentence? According to this rule, the maximum duration of the convict’s sentence shall not be more than threefold the length of time corresponding to the most severe of the penalties imposed upon him. No other penalty to which he may be held liable shall be inflicted after the sum of those imposed equals the said maximum period. Such maximum period shall in no case exceed forty years. What is a complex penalty? It is a penalty prescribed by law composed of three distinct penalties, each forming a period, the lightest of them shall be the minimum, the next the medium, and the most severe the maximum period. (ex. Reclusion Temporal to Death) Note: Articles 81-85 are provisions that have something to do with the death penalty. These provisions have no longer any relevance except for academic purposes by reason of the enactment of RA 9346-An Act Prohibiting the Imposition of the Death Penalty. Give the concept of the penalty of destierro. Any person sentenced to destierro shall not be permitted to enter the places designated in the sentence, nor within the radius therein specified, which shall not be more than 250 and not less than 25 kilometers from the place designated. If he does, he may be held liable for Evasion of service of sentence under article 157 RPC. DESTIERRO IS IMPOSED IN THE FOLLOWING: 1. Death or Serious Physical injuries inflicted under exceptional circumstances. 2. When a person fails to give a bond for good behavior (Art. 284) 3. Penalty for concubine in concubinage (Art. 334) MODES OF TOTAL EXTINCTION OF CRIMINAL LIABILITY (Art. 89) 1. By the death of the convict, as to the personal penalties; as to pecuniary liabilities, it is extinguished only when the death of the offender occurs before final judgment. 2. By service of sentence; 3. By amnesty-an act of the sovereign power granting oblivion or a general pardon for past offense, and is rarely exercised in favor of a single individual, and is usually exerted in behalf of certain classes of persons who are subject to trail but not yet convicted. AMNESTY vs. PARDON AMNESTY Made by the President with the concurrence of Congress Usually extended to political crimes May be extended even before conviction or before trial Looks backward PARDON Made by the President alone Extended to any type of crime May be given only after final conviction Looks forward 4. By absolute pardon 5. Prescription of crime- the forfeiture or the loss of the right of the state to prosecute the offender after the lapse of a certain time. PRESCRITION OF CRIMES PENALTY 1. death, reclusion Perpetua and reclusion temporal PRESCRIBES IN.. 20 years 2. other afflictive penalties (prision mayor and DQ. ) PRESCRIBES IN.. 15 years 3. punishable by correctional penalty (prision correctional, suspension, destierro) PRESCRIBES IN.. 10 years 4. arresto mayor PRESCRIBES IN.. 5 years 5. libel PRESCRIBES IN.. 1 year 6. oral defamation and slander by deed PRESCRIBES IN.. 6 months 7. other light offenses PRESCRIBES IN.. 2 months 6. Prescription of Penalty- the loss or forfeiture of the right of the Government to execute the final sentence after the lapse of a certain time. PRESCRIPTION OF PENALTIES PENALTY Death and reclusion Perpetua PRESCRIBES IN 20 years Other afflictive penalties PRESCRIBES IN 15 years Correctional penalties PRESCRIBES IN 10 years Arresto Mayor PRESCRIBES IN 5 years Light penalties PRESCRIBES IN 1 year * 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 the government has no extradition treaty, or should commit another crime before the expiration of the period of prescription (Art. 93) 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. * 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. It shall not run when the offender is absent from the Philippines (Art. 91) 7. Marriage of the offended party under Article 344 RPC MODES OF PARTIAL EXTINCTION OF CRIMINAL LIABILITY 1. By conditional pardon- a contract between the president and the convict the former will release the latter upon compliance with certain conditions. 2. By commutation of sentence- it is the reduction of the period of imprisonment of the offender or the amount of the fine. 3. For good conduct time allowance- are deductions from the term of the sentence for good behavior of the convicted prisoner. Who gives good conduct time allowance? Director of Prisons. Years of good behavior 1-2 years 5 days per month 3-5 years 8 days per month 6-10 years 10 days per month 11 up years 15 days per month What is the special allowance for loyalty? It is a deduction of 1/5 of the period of sentence to any prisoner who, having evaded the service of his sentence under the circumstances in art. 158 RPC, gives himself up to the authority within 48 hours following the issuance of a proclamation announcing the passing away of the calamity. 4. Parole- consists of the suspension of the sentence of a convict after serving the minimum term of the indeterminate penalty. What is article 100 of the Revised Penal Code? It says” every person criminally liable for a felony is also civilly liable. Art. 102. Subsidiary civil liability of innkeepers, tavern keepers and proprietors of establishments In default of persons criminally liable, innkeepers, tavernkeepers, and any other persons or corporations shall be civilly liable for crimes committed in their establishments, in cases where a violation of municipal ordinances or some general or special police regulations shall have been committed by them or their employees. Innkeepers are also subsidiary 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 innkeepers himself, or the person representing him, of the deposit of such goods within the inn, and shall furthermore have followed the directions which such innkeepers 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 innkeepers’ employees. 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. Art. 104. What is included in civil liability-? 1. Restitution 2. Reparation of damage caused 3. Indemnification of consequential damage 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. 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. Art. 106. Reparation The court shall determine the amount of damage, taking into consideration the price of the thing, and its special sentimental value to the injured party. Art. 107. Indemnification Indemnification of consequential damages shall include not only those caused the injured party, but also those suffered by his family or by third person by reason of the crime. Modes of Extinction of Civil Liability Civil liability is extinguished in the same manner as other obligations, in accordance with the provisions of the Civil Code namely: 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 and others (See Art. 1231 Civil Code). SPECIAL PENAL LAWS RELATED TO BOOK ONE
