Criminal Law Notes PDF

3.​ Prospectivity: Laws apply only to Basic Principles of Criminal Law acts committed after their enactment unless favorable to the accused.​ 1.​ Definition: Criminal law defines Example: A new law reducin...

3.​ Prospectivity: Laws apply only to Basic Principles of Criminal Law acts committed after their enactment unless favorable to the accused.​ 1.​ Definition: Criminal law defines Example: A new law reducing crimes, addresses their nature, and penalties applies retroactively to provides punishments. ongoing cases. ○​ Crime: An act or omission violating a public law. ○​ Felony: Acts or omissions punishable under the Theories in Criminal Law Revised Penal Code (RPC). 2.​ Constitutional Rights in Criminal 1.​ Classical Theory: Emphasizes free Law: will and retribution. ○​ Right to remain silent, access 2.​ Positivist Theory: Focuses on to counsel, and protection social and psychological factors against torture (Sec. 12). causing crime. ○​ Presumption of innocence and right to a fair trial (Sec. Example: A habitual offender might receive 14). therapy under positivist principles. ○​ Protection against double jeopardy and ex post facto laws (Sec. 21, 22). 3.​ Example: A person arrested must Felonies (Art. 3, RPC) be informed of their rights (Miranda 1.​ Definition: Acts or omissions Doctrine). punishable under the RPC. 2.​ Types: ○​ Intentional Felonies: Committed with deliberate Characteristics of Criminal Law intent (e.g., theft). 1.​ Generality: Applies to all in the ○​ Culpable Felonies: Result Philippines, except exempt from negligence or lack of individuals like ambassadors. foresight (e.g., reckless Example: A U.S. citizen in the driving). Philippines with an unlicensed 3.​ Examples: firearm can be charged under R.A. ○​ Intentional: Breaking into a 10591. house to steal. 2.​ Territoriality: Laws apply within ○​ Culpable: Causing an Philippine territory, including ships accident due to texting while and airspace. Example: Crimes driving. aboard a Philippine-registered ship 4.​ Key Legal Concepts: in international waters fall under ○​ Mistake of Fact: Can Philippine jurisdiction. absolve liability if no criminal intent exists. Example: Mistaking an intruder for a 1  robber and acting in avoid hitting a crowd but self-defense. damaging property. Stages of Crime (Art. 6, RPC) Exempting Circumstances (Art. 12, RPC) 1.​ Attempted: Starts the crime but does not complete it. 1.​ Examples: ○​ Example: A thief is caught ○​ Insanity or mental incapacity. picking a pocket but doesn’t ○​ Minority (below 15 years of take anything. age). 2.​ Frustrated: All acts are performed, ○​ Accidents without but the crime isn’t completed due to negligence. outside factors. 2.​ Example: A 14-year-old committing ○​ Example: Shooting someone theft is exempt from criminal liability with intent to kill but missing but not civil liability. vital organs, and the person survives. 3.​ Consummated: All elements of the crime are present. Mitigating Circumstances (Art. 13, ○​ Example: Successfully RPC) stealing a car. 1.​ Examples: ○​ Voluntary surrender. ○​ No intent to commit so grave Justifying Circumstances (Art. 11, a wrong. RPC) ○​ Acting under passion or obfuscation. 1.​ Self-Defense: 2.​ Example: A person confessing guilt ○​ Unlawful aggression. before the trial may receive a ○​ Reasonable means to reduced penalty. prevent harm. ○​ No sufficient provocation. 2.​ Example: Defending oneself from an armed attacker. Aggravating Circumstances (Art. 3.​ Defense of Relatives: Protecting a 14, RPC) family member under similar conditions. 1.​ Definition: Factors that increase the 4.​ Avoidance of Greater Evil: penalty. ○​ Harm prevented is greater 2.​ Examples: than the harm caused. ○​ Committing a crime at night Example: Swerving a car to to ensure success. ○​ Use of treachery in murder. 2  3.​ Example: Killing someone while Absolutory Causes they sleep increases the penalty. 1.​ Definition: Crimes where no penalty is imposed due to public policy or sentiment. Impossible Crimes (Art. 4, RPC) 2.​ Examples: ○​ Family members stealing 1.​ Definition: Acts intending to commit from one another (Art. 332). a crime but failing due to ○​ Spontaneous desistance impossibility. before completing a crime. 2.​ Example: Trying to steal from an 3.​ Example: A person planning theft empty wallet. but voluntarily stops before taking anything. Conspiracy and Proposal (Art. 8, RPC) Additional Examples of Criminal Liability (Art. 4, RPC) 1.​ Conspiracy: Agreement among two or more to commit a crime. 1.​ Error in Personae (Mistake in Example: Planning a bank robbery. Identity): 2.​ Proposal: Suggesting a crime to ○​ Example: Hitting someone another person. you thought was the intended 3.​ Example: Convincing someone to victim. commit fraud. 2.​ Aberratio Ictus (Mistake in the Blow): ○​ Example: Shooting at someone but hitting another Classification of Felonies (Art. 9, person nearby. RPC) 3.​ Praeter Intentionem (Result Beyond Intent): 1.​ Grave Felonies: Punishable by ○​ Example: Pushing someone severe penalties (e.g., reclusion who accidentally hits their perpetua). head and dies. ○​ Example: Murder. 2.​ Less Grave Felonies: Punishable by correctional penalties. ○​ Example: Theft of small Key Legal Doctrines amounts. 3.​ Light Felonies: Punishable by 1.​ Nullum Crimen, Nulla Poena Sine arresto menor or fines. Lege: No crime without law. ○​ Example: Slight physical 2.​ Actus Non Facit Reum Nisi Mens injuries. Sit Rea: An act does not make a person guilty unless done with a 3  guilty mind.​ Example: Accidentally breaking someone's property without intent Fulfillment of Duty or Lawful Exercise of does not constitute a crime. Right or Office (Art. 11, Paragraph 5) Defense of Strangers (Art. 11, Paragraph 1.​ Requisites: 3) ○​ The accused acted in the performance of a duty or 1.​ Requisites: lawful exercise of a right or ○​ There must be unlawful office. aggression. ○​ The injury caused was a ○​ Reasonable necessity of the necessary consequence of means employed to prevent due performance of duty or or repel the aggression. exercise of such right. ○​ The person defending must not be motivated by revenge, Example: A police officer causing harm resentment, or other evil while stopping an armed criminal during a motives. robbery. 2.​ Strangers: Any person not included in the enumeration of relatives in the defense of relatives. Exempting Circumstances (Art. 12) Example: Helping a stranger fend off a 1.​ Insanity and Imbecility: violent attacker in a public place. ○​ An imbecile (mental age of 2-7 years) is exempt unless acting in a lucid interval. Avoidance of Greater Evil or Injury (Art. ○​ Insanity must be proven as 11, Paragraph 4) existing at the time of the crime. 1.​ Requisites: 2.​ Example: A person suffering from ○​ Evil sought to be avoided schizophrenia committing a crime must actually exist. during a psychotic episode. ○​ The injury feared must be 3.​ Minority: greater than that done to ○​ Below 15 years: Exempt from avoid it. criminal liability. ○​ No other practical and less ○​ 15-18 years: Exempt unless harmful means of preventing acting with discernment. the evil must exist. 4.​ Example: A 16-year-old stealing out 2.​ Civil Liability: In this case, civil of necessity without understanding liability is borne by the persons the full consequences. benefiting from the act. 5.​ Accident: ○​ The act must be lawful and Example: Destroying property to prevent a performed with due care. wildfire from spreading to a residential area. 4  ○​ The injury must occur by ○​ Premeditation: Planning the mere accident without fault or crime ahead of time. intention. ○​ Treachery: Ensuring the 6.​ Example: Accidentally hitting crime is committed without someone with a baseball during a risk to the offender. lawful game. ○​ Use of a superior force. 7.​ Irresistible Force: 2.​ Example: Stabbing someone from ○​ Physical force must be behind in an unprovoked attack. irresistible and come from a third party. 8.​ Example: Being forced to commit a crime at gunpoint. Impossible Crimes (Art. 4, Paragraph 2) 9.​ Uncontrollable Fear: 1.​ Definition: Acts that would ○​ Fear must be real, imminent, constitute a crime but cannot be and greater than the act carried out due to: committed. ○​ Inherent impossibility. 10.​Example: Robbing a store after ○​ Inadequate or ineffective being threatened with immediate means. harm by a gang. 2.​ Example: Attempting to poison someone using a harmless substance, believing it to be lethal. Mitigating Circumstances (Art. 13) 1.​ Examples: ○​ Acting with no intent to Conspiracy and Proposal (Art. 8) commit so grave a wrong. 1.​ Conspiracy: ○​ Voluntary surrender to ○​ Agreement between two or authorities. more persons to commit a ○​ Sufficient provocation by the crime. offended party immediately ○​ All conspirators are liable for preceding the crime. the crime. 2.​ Passion or Obfuscation: 2.​ Example: Two people agreeing to ○​ The offender acted upon an rob a bank and executing the plan impulse so powerful that it together. naturally produced the crime. 3.​ Proposal: 3.​ Example: A parent attacking ○​ A person who decides to someone who just harmed their commit a crime and child. proposes its execution to another. 4.​ Example: Suggesting to a friend to Aggravating Circumstances (Art. 14) join in a theft. 1.​ Examples: 5 Absolutory Causes 2.​ Reasonable means to prevent or repel the 1.​ Definition: Acts that are technically aggression. crimes but are not punishable due to 3.​ No part in provoking public policy or sentiment. the aggression. 2.​ Examples: ○​ Example:​ ○​ Spontaneous desistance. A man defends his sister who ○​ Family members involved in is being attacked with a knife. theft or fraud within the 3.​ Defense of Strangers family. ○​ Requisites: 3.​ Example: A sibling taking food from 1.​ Unlawful aggression. another sibling’s home without 2.​ Reasonable means to permission. prevent or repel the aggression. 3.​ No evil motive in defending the Article 11: Justifying Circumstances stranger. ○​ Example:​ These are situations where a person is A passerby helps a stranger deemed to have acted lawfully, and no being mugged on the street. criminal or civil liability arises. 4.​ Avoidance of Greater Evil or 1.​ Self-Defense Injury ○​ Requisites: ○​ Requisites: 1.​ Unlawful aggression 1.​ The evil to be avoided by the victim. is real and imminent. 2.​ Reasonable means to 2.​ The harm done is prevent or repel the less than the harm aggression. avoided. 3.​ No sufficient 3.​ No other practical provocation by the means to prevent the person defending greater evil. themselves. ○​ Example:​ ○​ Example:​ A driver swerves onto the A person is attacked by an sidewalk to avoid hitting a armed robber. In group of children crossing self-defense, they disarm the the street. robber and accidentally injure 5.​ Fulfillment of Duty or Lawful them. Exercise of Rights 2.​ Defense of Relatives ○​ Requisites: ○​ Requisites: 1.​ The act is performed 1.​ Unlawful aggression while fulfilling a legal against a relative. duty. 2.​ The injury caused is a necessary 6  consequence of ○​ Key Point: The act must be fulfilling the duty. lawful, with due care, and the ○​ Example:​ injury must be unintentional. A police officer shoots an ○​ Example:​ armed suspect who resists A worker accidentally drops a arrest and poses a threat. tool from a building, injuring a 6.​ Obedience to a Lawful Order passerby. ○​ Requisites: 4.​ Irresistible Force (Violence) 1.​ The order is lawful. ○​ Key Point: The individual is 2.​ The means used to physically forced to commit follow the order are the act. lawful. ○​ Example:​ ○​ Example:​ A kidnap victim is forced at A soldier follows orders to gunpoint to act as a getaway guard a building and detains driver. an intruder. 5.​ Uncontrollable Fear (Threat and Intimidation) ○​ Key Point: The fear must be real, imminent, and leave no Article 12: Exempting Circumstances room for resistance. ○​ Example:​ These are conditions where a crime is A person robs a store under committed, but the individual is exempt from threat of immediate harm to criminal liability due to the absence of intent their family. or free will. 6.​ Lawful or Insuperable Cause ○​ Key Point: The individual is 1.​ Insanity or Imbecility unable to fulfill a legal duty ○​ Key Point: Insanity must due to lawful reasons. exist at the time of the crime. ○​ Example:​ ○​ Example:​ A priest refuses to testify A person with schizophrenia, about a confession due to in a delusional state, the priest-penitent privilege. commits arson without understanding the act's consequences. 2.​ Minority Article 13: Mitigating Circumstances ○​ Key Point: A child below 15 years is exempt. Those 15 to These factors reduce the penalty because below 18 are exempt unless they diminish the offender's responsibility. they acted with discernment. ○​ Example:​ 1.​ Incomplete Justifying or A 14-year-old steals a bike Exempting Circumstances but cannot be held criminally ○​ Key Point: Not all requisites liable. of Articles 11 or 12 are met. 3.​ Accident Without Fault 7  ○​ Example:​ ○​ Key Point: The condition A person defends limits the offender's capability themselves but uses slightly to act or reason. excessive force. ○​ Example:​ 2.​ No Intention to Commit So Grave A person with severe arthritis a Wrong unintentionally causes harm ○​ Key Point: The act was not during a scuffle. intended to result in such 7.​ Analogous Circumstances severe harm. ○​ Key Point: Any other factor ○​ Example:​ similar to those listed above. A person punches another ○​ Example:​ during an argument, An elderly person commits a unintentionally causing a crime due to physical or fatal fall. mental limitations. 3.​ Sufficient Provocation by the Offended Party ○​ Key Point: Provocation must be adequate and immediate. Important Terms ○​ Example:​ ​ Unlawful Aggression: A physical or A shopkeeper insults a imminent attack that threatens life or customer, who retaliates by safety. throwing an object. ​ Discernment: The ability to 4.​ Passion or Obfuscation understand the moral and legal ○​ Key Point: The act is consequences of actions. committed under a strong ​ Voluntary Surrender: An offender emotional impulse. willingly submits to authorities ○​ Example:​ without coercion. A husband finds his spouse ​ Passion or Obfuscation: An in an affair and attacks the emotional state overwhelming lover. reason. 5.​ Voluntary Surrender or ​ Insuperable Cause: A lawful or Confession uncontrollable reason preventing a ○​ Key Point: Surrender must person from fulfilling a legal duty. be voluntary, and confession must occur before the prosecution presents Direct Participation, Accomplice, evidence. Accessory, and Proximate Cause ○​ Example:​ A suspect turns themselves 1. Direct Participation in and admits guilt to A principal by direct participation is the authorities. person who directly commits the criminal act 6.​ Illness or Physical Defect or takes part in its execution. ​ Key Characteristics: 8  ○​ Personally performs the ○​ Their involvement occurs criminal act. after the commission of the ○​ Directly causes the offense to crime. occur. ○​ They provide aid or ​ Example:​ assistance to help the A thief breaks into a house and offender escape justice. steals valuables. The thief is the ​ Example:​ principal by direct participation A relative hides stolen items or because they performed the act of provides a safe place for the thief to theft. hide after the crime. The relative is an accessory for helping the thief evade arrest. 2. Accomplice An accomplice cooperates in the execution 4. Differences Between Principal, of the crime by previous or simultaneous Accomplice, and Accessory acts, but their role is secondary. They do not Criteria Principal Accomplice Accessory directly commit the crime but assist or provide help knowingly. Timing During Before or After the of Act the crime during the crime ​ Key Characteristics: crime ○​ Provides assistance to the Level of Directly Provides Aids after the principal (e.g., moral or Involve commits assistanc fact material aid). ment the act e ○​ Does not directly perform the crime but has prior Knowle Fully Aware of Knows about dge aware the crime the crime knowledge of it. and after it occurs ​ Example:​ intentional A friend keeps watch outside a house while the thief breaks in and Punish Most Lesser Lesser than ment severe than accomplice steals valuables. The friend is an principal accomplice because they knowingly assisted in the crime. 5. Proximate Cause 3. Accessory Proximate cause refers to the act that directly causes a crime or injury in a natural An accessory is someone who, after the and unbroken chain of events. crime has been committed, helps the principal or accomplice avoid arrest or ​ Key Elements: prosecution. They do not participate in 1.​ The act must set off a series planning or executing the crime. of events leading to the injury or crime. ​ Key Characteristics: 9  2.​ There must be no intervening 4.​ Inherent – Naturally part of the cause that breaks the chain crime and cannot be used to of events. increase the penalty (e.g., fraud in ​ Examples: estafa cases). 1.​ Proximate Cause Exists:​ A person stabs another in the Requisites for Treachery abdomen, leading to internal (Alevosia): bleeding and death. The stab wound is the proximate 1.​ That at the time of the attack, the cause of death. victim was not in a position to defend 2.​ No Proximate Cause:​ himself. A person pushes someone 2.​ That the offender consciously who falls but is later struck by adopted the particular means, lightning and dies. The method, or form of attack employed lightning strike is an by him​. intervening cause, so the push is not the proximate Examples: cause of death. ​ Treachery (Alevosia): A criminal ambushes a person from behind, ensuring the victim has no chance to defend themselves. ​ Abuse of superior strength: A ARTICLE 14 – AGGRAVATING group of gang members beats up a single person, making resistance CIRCUMSTANCES impossible. ​ Cruelty: A murderer stabs the victim Aggravating circumstances increase the multiple times even after they are severity of the penalty for a crime. They already dead, causing unnecessary indicate a greater degree of criminal intent, suffering. cruelty, or planning on the part of the offender. Ignominy Types of Aggravating ​ Ignominy is an aggravating Circumstances: circumstance where the crime is committed in a way that adds 1.​ Generic – Can apply to many disgrace and humiliation to the different crimes (e.g., treachery, victim. abuse of authority). ​ Applies to crimes such as: 2.​ Specific – Apply only to particular ○​ Rape (e.g., committed in crimes (e.g., nighttime for theft). front of the victim’s family). 3.​ Qualifying – Changes the nature of ○​ Murder (e.g., forcing the the crime (e.g., premeditated murder victim to kneel before instead of homicide). execution). 10  ○​ Coercion (e.g., forcing 3.​ Education or degree of instruction someone to strip in public)​. – The level of education of the offender may influence penalties. ○​ Aggravating: A lawyer who commits fraud may receive a harsher penalty because they are expected to know the law. ARTICLE 15 – ALTERNATIVE ○​ Mitigating: A person with no CIRCUMSTANCES formal education who unknowingly commits a crime Alternative circumstances can either may receive a lighter aggravate or mitigate the penalty, sentence. depending on the context of the crime. Types of Alternative Circumstances: ARTICLE 16 – PERSONS 1.​ Relationship – The presence of a CRIMINALLY LIABLE relationship between the offender and victim can either worsen or There are three classes of persons lessen the crime’s penalty. criminally liable: ○​ Aggravating: If a son kills his father, it is parricide, 1.​ Principals – Those who directly which carries a heavier commit or plan the crime. penalty. 2.​ Accomplices – Those who assist in ○​ Mitigating: If a brother and committing the crime but do not play sister get into a fight and one a major role. unintentionally kills the other, 3.​ Accessories – Those who help after the court may reduce the the crime has been committed (e.g., penalty due to emotional hiding evidence). involvement. 2.​ Intoxication – Whether the offender Examples: was drunk or high can affect the punishment. ​ Principal: A gang leader orders a ○​ Mitigating: If the offender robbery, and the robbers carry it out. was involuntarily drunk and ​ Accomplice: A taxi driver knowingly committed a crime, the transports criminals to the scene of penalty may be reduced. the crime. ○​ Aggravating: If the offender ​ Accessory: A store owner hides is a habitual drunkard and stolen goods to help thieves avoid commits a crime while getting caught. intoxicated, the penalty may increase. 11 ARTICLE 17 – PRINCIPALS provides essential help for the crime to be successful. A principal is a person who plays a leading role in a crime. There are three types: Examples: Requisites for Being a Principal: ​ Direct Participation: A person personally stabs another person to 1.​ That there be community of design; death. that is, knowing the criminal design ​ Inducement: A person blackmails of the principal by direct another into committing a crime. participation, he concurs with the ​ Indispensable Cooperation: A latter in his purpose. (The person bank employee disables security was aware of the criminal plan cameras before a robbery. and actively participated in carrying it out.) 2.​ That he cooperates in the execution of the offense by previous or simultaneous acts, with the intention ARTICLE 18 – ACCOMPLICES of supplying material or moral aid in Accomplices assist in a crime but do not the execution of the crime in an directly participate. They help make the efficacious way. (A person can be crime easier to commit but are not the considered a principal even if masterminds. they did not commit the crime themselves, as long as they ordered, forced, or manipulated Requisites for Being an someone else to do it.) Accomplice: 3.​ That there be a relation between the acts done by the principal and those 1.​ That there be community of design; attributed to the person charged as that is, knowing the criminal design accomplice​. (This refers to of the principal by direct someone who does something participation, he concurs with the essential to make sure the crime latter in his purpose. succeeds.) 2.​ That he cooperates in the execution of the offense by previous or simultaneous acts, with the intention Types of Principals: of supplying material or moral aid in 1.​ Principal by direct participation – the execution of the crime in an The one who physically carries out efficacious way. (The accomplice the crime. must have done something that 2.​ Principal by inducement – helped make the crime easier to Someone who orders or manipulates commit.) another to commit the crime. 3.​ That there be a relation between the 3.​ Principal by indispensable acts done by the principal and those cooperation – Someone who attributed to the person charged as an accomplice​. 12 Examples: ARTICLE 20 – ACCESSORIES WHO ARE EXEMPT FROM ​ A person who provides a gun for a CRIMINAL LIABILITY robbery. ​ A driver who waits outside a bank Some accessories are not punished if they during a heist. are related to the criminal, except in certain ​ A lookout during a burglary. serious crimes. Difference Between Accomplice and Conspirator: Who is Exempt? ​ Conspirators: Take part in planning ​ Spouses and executing the crime. ​ Ascendants (Parents, ​ Accomplices: Join in later, after Grandparents) the crime has already been planned. ​ Descendants (Children, Grandchildren) ​ Siblings (Legitimate, Natural, or Adopted) ARTICLE 19 – ACCESSORIES Crimes Where Relatives ARE Still Liable: Accessories are people who assist the criminal AFTER the crime has been 1.​ Treason committed to avoid punishment. 2.​ Parricide 3.​ Murder Requisites for Being an 4.​ Crimes against national security​. Accessory: Examples: 1.​ That a crime has been committed. 2.​ That the accused had knowledge of ​ A mother who hides her son after he the commission of the crime. steals is not criminally liable. 3.​ That the accused took part in any of ​ A wife who helps her husband the three ways mentioned in this escape after he commits murder article​. can be liable. Examples: COMPUTATION OF PENALTIES & ​ A person who hides stolen money. SPECIAL LAWS ON PENALTIES ​ A doctor who treats a gunshot wound without reporting it to the I. COMPUTATION OF PENALTIES police. ​ A friend who lies to the authorities to UNDER THE REVISED PENAL CODE protect a fugitive. (RPC) A. General Principles 13  ​ No felony shall be punishable by any divided into minimum, medium, and penalty not prescribed by law maximum periods. before its commission (Article 21, RPC). Example (Penalty Computation): ​ Nullum crimen nulla poena sine lege – No crime or penalty without a A convicted of homicide (Art. 249, RPC) → law. Reclusion Temporal ​ No aggravating/mitigating B. Classification of Penalties (Article circumstances → Medium period 25, in relation to Article 9, RPC) imposed (14 years, 8 months, 1 day to 17 years, 4 months). 1.​ Principal Penalties – Directly ​ One mitigating circumstance → imposed in the judgment. Minimum period (12 years, 1 day ○​ Capital Penalty: Death (now to 14 years, 8 months). abolished by RA 9346). ​ One aggravating circumstance → ○​ Afflictive Penalties: Maximum period (17 years, 4 Reclusion perpetua, months, 1 day to 20 years). reclusion temporal, perpetual/temporary absolute or special disqualification, prision mayor. ○​ Correctional Penalties: II. SPECIAL RULES IN PENALTY Prision correccional, arresto COMPUTATION mayor, suspension, destierro. ○​ Light Penalties: Arresto A. Three-Fold Rule (Article 70, RPC) menor, public censure. ○​ Common Penalties: Fine, ​ When an offender is sentenced to bond to keep the peace. multiple penalties, they cannot 2.​ Accessory Penalties – Attached to serve more than three times the principal penalties. most severe penalty imposed, not ○​ Civil interdiction, exceeding 40 years. indemnification, forfeiture, Example: payment of costs, perpetual/temporary ​ Sentenced to 20 years, 15 years, disqualification, suspension and 10 years → Total = 45 years from public office, etc. ​ Under Three-Fold Rule, maximum = 40 years. C. Application of Penalties B. Habitual Delinquency (Article 62, ​ Indivisible Penalties (death, reclusion perpetua) must be RPC) imposed as is. ​ A person convicted three or more ​ Divisible Penalties (reclusion times within 10 years for theft, temporal, prision mayor, etc.) can be estafa, falsification, serious or 14  less serious physical injuries, or ○​ Maximum = Not higher than robbery will receive additional maximum term prescribed penalties: by the law. ○​ 3rd offense: Extra prision correccional (6 months to 6 Example (ISLAW Computation for years). Homicide): ○​ 4th offense: Extra prision mayor (6 to 12 years). ​ Penalty for homicide: Reclusion ○​ 5th offense: Extra reclusion Temporal (12 years, 1 day to 20 temporal (12 to 20 years). years). ​ Minimum: Prision mayor (6 years, 1 day to 12 years). ​ Maximum: Reclusion temporal (12 years, 1 day to 20 years). III. INDETERMINATE SENTENCE ​ Possible sentence: 8 years LAW (ISLAW, Act 4013) (minimum) to 14 years (maximum). A. Application ​ Encourages rehabilitation by setting a minimum and maximum IV. SPECIAL LAWS ON PENALTIES sentence. ​ Not applicable to: A. Republic Act 10159 (Subsidiary ○​ Crimes punishable by death, Imprisonment) reclusion perpetua, or life imprisonment. ​ If the convicted person cannot pay ○​ Habitual delinquents, the fine, they will serve subsidiary escapees, or recidivists. imprisonment instead. ​ Rules: B. Computation ○​ If penalty is prision correccional or arresto, 1.​ For crimes under the Revised they serve 1/3 of the Penal Code: sentence (max: 1 year). ○​ Minimum = Penalty one ○​ If penalty is a fine only, max degree lower than what is subsidiary imprisonment: 6 prescribed. months (grave offense), 15 ○​ Maximum = Penalty that days (light offense). should be imposed based on modifying circumstances. 2.​ For Special Penal Laws: B. Republic Act 11362 (Community ○​ Minimum = Not lower than Service Act) minimum term prescribed by the law. ​ Courts can substitute jail time with community service for those 15  sentenced to arresto menor or arresto mayor. 11th year+ 30 days ​ Violating community service terms leads to full service of original sentence in jail. ​ Special allowances: ​ Can only be availed of once. ○​ If an inmate studies/teaches inside prison, they get 15 more days off per month. ○​ Escaping but voluntarily C. Republic Act 10389 (Recognizance returning within 48 hours: Act) 1/5 sentence reduction. ​ Allows the release of indigent accused who cannot post bail. ​ Not available for serious offenses E. Act No. 3326 (Prescription for (death, reclusion perpetua, life Special Penal Laws) imprisonment). ​ Must be placed under custody of a ​ Crimes under special laws responsible person (barangay/city prescribe after a certain number official, social worker, etc.). of years: ○​ Fines or