Professional Documents
Culture Documents
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CRIMINAL LAW I
criminal offenses. It is urged that the right to prosecute
and punish crimes is an attribute of sovereignty, but by
reason of the principle of territoriality as applied in the
suppression of crimes, such power is delegated to
I. DEFINITION AND SOURCES subordinate government subdivisions such as territories.
The Philippine Legislature by virtue of the Jones Law,
like other territories of the US, has the power to define
and punish crimes. The present government of the
A. DEFINITION Philippines created by the US Congress is autonomous.
It is within the power of the legislature to prescribe the
Criminal law is that branch or division of law
form of the criminal complaint as long as the
which defines crimes, treats of their nature, and
constitutional provision of the accused to be informed of
provides for their punishment.
the nature of the accusation is not violated.
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Armed Forces of the Philippines even in times privileges of duly accredited foreign diplomatic
of war, provided that in the place of the representatives in the Philippines.
commission of the crime no hostilities are in
progress and civil courts are functioning. iii. Principles of Public International
Law
When the military court takes cognizance of
the case involving a person subject to military Persons exempt from the operation of our criminal laws
law, the Articles of War apply, not the RPC or by virtue of the principles of public international law
other penal laws. (1) Sovereigns and other chiefs of state.
(2) Ambassadors, ministers, plenipotentiary,
The prosecution of an accused before a court- ministers resident, and charges daffaires.
martial is a bar to another prosecution of the
accused for the same offense. a consul is not entitled to the privileges
and immunities of an ambassador or
Offenders accused of war crimes are triable by minister (Schneckenburger v. Moran, 63
military commission. A military commission has Phil. 250).
jurisdiction even if actual hostilities have
ceased as long as a technical state of war under the Constitution, members of
continues. Congress are not liable for libel or slander
in connection with any speech delivered
on the floor of the house during regular or
a. Exceptions to the general application of special session.
criminal law
US v. Sweet
Art. 2, RPC, Except as provided in the treaties 1 Phil 18 (1901)
or laws of preferential application Facts: Sweet was an employee of the US army
Art. 14, Civil Code, subject to the principles in the Philippines. He assaulted a prisoner of war for
of public international law and to treaty stipulations. which he was charged with the crime of physical
injuries. Sweet interposed the defense that the fact that
i. Treaty Stipulations he was an employee of the US military authorities
deprived the court of the jurisdiction to try and punish
An example of a treaty or treaty stipulation is the Bases him.
Agreement entered into by the Philippines and the US Held: The case is open to the application of the
on Mar. 14, 1947 and expired on Sept. 16, 1991. general principle that the jurisdiction of the civil
tribunals is unaffected by the military or other special
Another example would be the VFA signed on Feb. 10, character of the person brought before them for trial,
1998 where the Philippines agreed that: unless controlled by express legislation to the contrary.
a. US military authorities shall have the
right to exercise within the Philippines all Liang vs. People
criminal and disciplinary jurisdiction conferred 355 SCRA 125
on them by the military law of the US over US Facts: Petitioner is an economist working at
personnel in RP; the Asian Development Bank (ADB). Sometime in 1994,
b. US authorities exercise exclusive he was charged before the Metropolitan Trial Court of
jurisdiction over US personnel with respect to Mandaluyong City with two counts of oral defamation for
offenses, including offenses relating to the allegedly uttering defamatory words against his
security of the US punishable under the law of colleague. Thereafter, petitioner was arrested by virtue
the US, but not under the laws of RP; of a warrant. After fixing petitioners bail, the MeTC
c. US military authorities shall have the judge received an office of protocol from the DFA stating
primary right to exercise jurisdiction over US that petitioner is covered by immunity from legal
personnel subject to the military law of the US processes under Section 45 of the Agreement between
in relation to: (1) offenses solely against the ADB and the Philippine Government. As a result, the
property or security of the US or offenses MeTC judge dismissed the criminal case without notice
solely against the property or person of US to the prosecution.
personnel; and (2) offenses arising out of any Held: Petitioner is not covered by the
act or omission done in performance of official immunity. Courts cannot blindly adhere to the
duty. communication from the DFA that the petitioner is
covered by any immunity. It has no binding effect in
ii. Laws of Preferential Application courts. The court needs to protect the right to due
process not only of the accused but also of the
Parliamentary Immunity under Section 11, Article prosecution. Secondly, the immunity under Section 45 of
VI of the Constitution- Members of the Congress are the Agreement is not absolute, but subject to the
immune from arrest for all offenses punishable by not exception that the acts must be done in official
more than six years imprisonment while Congress is in capacity. Slandering a person could not possibly be
session. covered by the immunity agreement as the same was
not committed in the performance of petitioners official
An example of a law of preferential application would be duty.
R.A. No. 75 which penalizes acts which would impair
the proper observance by the Republic and inhabitants
of the Philippines of the immunities, rights, and
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contracted the marriage here in the as this term is defined in Rule 5 of Article 62 of this
Philippines. Code, although at the time of the publication of such
laws a final sentence has been pronounced and the
c. Commit any of the crimes against national convict is serving the same.
security and the law of nations, defined in
Title One of Book Two of the Revised Ex-Post Facto Law is prohibited
Penal Code. (RPC, Art. [4]) Ex post facto law is prohibited. Ex post facto law is one
that is specifically made to retroact to cover acts before
Examples: Piracy, Treason, Espionage. it became effective to the prejudice of the accused; or to
make a certain crime graver or prescribe a heavier
US v. Ah Sing penalty for it (The Matter Of The Petition For The
36 Phil 978 (1917) Declaration Of The Petitioner's Rights And Duties Under
Facts: Defendant is a subject of China who Sec. 8 Of R.A. No. 6132, G.R. No. L-32485, 22 October
bought eight cans of opium in Saigon and brought them 1970).
on board the steamship Shun Chang during the trip to
Cebu. When the steamer anchored in the port of Cebu, The law does not have any retroactive effect
the authorities in making the search found the 8 cans of EXCEPT if it favors the offender unless he is a
opium. Defendant admitted being the owner but did not habitual delinquent or the law otherwise provides.
confess as to his purpose in buying the opium.
Held: Bringing opium in local territory even if it This is consistent with the general principle that
is merely for personal use and does not leave the criminal laws, being a limitation on the rights of the
foreign merchant vessel anchored in Philippine waters is people, should be construed strictly against the
subject to local laws particularly under Sec. 4 Act. No. State and liberally in favor of the accused.
2381 a.k.a. Opium Law. Under the said law, importation
includes merely bringing the drug from a foreign country Different effects of repeal of penal law.
to Philippine port even if not landed. 1. If the repeal makes the penalty lighter in the
new law, the new law shall be applied, except
Miquiabas v. Commanding General when the offender is a habitual delinquent or
80 Phil 626 (1948) when the new law is made not applicable to
Facts: Petitioner is a Filipino citizen and a pending action or existing causes of action.
civilian employee of the US army. He has been charged 2. If the new law imposes a heavier penalty, the
with disposing in the Port of Manila area things law in force at the time of the commission of
belonging to the US army. He is under the custody of the offense shall be applied.
Commanding General, Philippines-Ryukus command and 3. If the new law totally repeals the existing law
an appointed General Court Martial found him guilty and so that the act which was penalized under the
sentenced him to 15 years imprisonment. old law is no longer punishable, the crime is
Held: Gen. Court-Martial has no jurisdiction obliterated.
because the Port of Manila is not a base under the Bases
Agreement entered into by the Philippines and the US. When the repeal is absolute the offense ceases to
The Port area is merely a temporary quarters. Also, a be criminal.
civilian employee cannot be considered a member of the
US Army as stated in the agreement. Lastly, no waiver When the new law and the old law penalize the
of jurisdiction can be made either by the prosecuting same offense, the offender can be tried under the
attorney or by the Secretary of Justice. old law.
3. PROSPECTIVITY OF CRIMINAL LAW When the repealing law fails to penalize the offense
under the old law, the accused cannot be convicted
General Rule: Acts or omissions will only be subject to under the new law.
a penal law if they are committed AFTER a penal law had
already taken effect. A person erroneously accused and convicted under
a repealed statute may be punished under the
An act or omission which has been committed before the repealing statute.
effectivity of a penal law could not be penalized by such
penal law because penal laws operate only Gumabon v. Director of Prisons
prospectively. 37 SCRA (1971)
Facts: Petitioners who were serving their
Art.21. Penalties that may be imposed.-No felony shall sentence of life imprisonment for the complex crime of
be punishable by any penalty not prescribed by law prior rebellion with murder and other crimes seek the
to its commission. retroactive application of the Hernandez doctrine which
was promulgated after their conviction. The Hernandez
Civil Code, Art. 4 ruling negated the existence of the crime charged
Laws shall have no retroactive effect, unless the stating that rebellion cannot be complexed with other
contrary is provided. crimes. Thus, the accused in the Hernandez case was
sentenced only to 10 years of imprisonment.
Exception: Held: Both RPC and the Civil Code allow for the
retroactive application of judicial decisions. While
reference in Art. 22 of the Civil Code is made to
Art. 22. Retroactive effect of penal laws. Penal laws
legislative acts, it would be merely an exaltation of the
shall have a retroactive effect in so far as they favor the
literal to deny its application to a case like the present.
person guilty of a felony, who is not a habitual criminal,
The Civil Code provides that judicial decisions applying
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Art. 21. Penalties that may be imposed. No felony 5. STRICT CONSTRUCTION of penal laws against
shall be punishable by any penalty not prescribed by law the State
prior to its commission.
1987 Constitution, Article III, Sec. 14(2)
There is no crime when where is no law punishing In all criminal prosecutions, the accused shall be
it. presumed innocent until the contrary is proved.
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repealed. R.A. No. 7659 (Death Penalty Law) Pascual v. Board of Medical Examiners
and all other laws, executive orders and 28 SCRA 344 (1969)
decrees, insofar as they impose the death Facts: Pascual was charged in an
penalty, are repealed or amended accordingly administrative case for immorality and was announced
(Sec. 1 of R.A. No. 9346, otherwise known as by counsel of complainants to be their first witness.
An Act Prohibiting The Imposition of Death Held: The Board of Medical examiners cannot,
Penalty in The Philippines). consistently with the self-incriminating clause, compel
the person proceeded against to take the witness stand
d. Bill of Attainder without his consent. A proceeding for malpractice
possesses a criminal or penal aspect in the sense that
A statute becomes a bill of attainder when it applies the respondent would suffer the revocation of his license
either to named individuals or to easily ascertainable as a medical practitioner which is even a greater form of
members of a group inflicting punishment on them deprivation than forfeiture of property.
amounting to a deprivation of any right, civil or political, While crime should not go unpunished and that
without judicial trial. Stated otherwise, the singling out the truth must be revealed, such desirable objective
of a definite class, the imposition of a burden on it, and should not be accomplished according to means
a legislative intent, suffice to stigmatize a statute as a offensive to high sense of respect accorded to human
bill of attainder (Montenegro v. Castaeda, 91 Phil. personality. More and more in line with the democratic
882). creed, the deference accorded to an individual even
those suspected of the most heinous crimes is given due
e. Ex Post Facto Law weight.
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and jurisprudence nor by the imposition of 3. That the act is performed by means of dolo or the
a punishment which is fixed and omission incurred by means of culpa.
determined a priori; but rather through
the enforcement of individual measures in Definition of terms
each particular case after a thorough, ACT must be overt or external (mere
personal and individual investigation criminal thought or intent is not punishable)
conducted by a competent body of
psychiatrists and social scientists. Actus Reus/Physical Act
To be considered as a felony, there must
Art. 2. Application of its provisions. Except as be an act or omission;
provided in the treaties and laws of preferential An act refers to any kind of body
application, the provisions of this Code shall be enforced movement that produces change in
not only within the Philippine Archipelago, including its the outside world.
atmosphere, its interior waters and maritime zone, but A mere imagination, no matter how
also outside of its jurisdiction, against those who: wrong, does not amount to a felony.
1. Should commit an offense while on a
Philippine ship or airship OMISSION failure to perform a duty
2. Should forge or counterfeit any coin or required by law ex. Failure to render
currency note of the Philippine Islands or obligations and assistance, failure to issue receipt, non-
securities issued by the Government of the Philippine disclosure of knowledge of conspiracy against
Islands; the government.
3. Should be liable for acts connected with the
introduction into these islands of the obligations and A. HOW
securities mentioned in the presiding number; COMMITTED
4. While being public officers or employees,
should commit an offense in the exercise of their Classification of felonies according to the means by
functions; or which they are committed (IN GENERAL ONLY)
5. Should commit any of the crimes against
national security and the law of nations, defined in Title 1. Dolo;
One of Book Two of this Code. 2. Culpa.
1. DOLO
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after crying out sufficient warnings and believing himself through reckless imprudence was filed. Accused claimed
to be under attack, cannot be held criminally liable for that he was placed in twice in jeopardy.
homicide. Stabbing the victim whom the accused Held: The second case must be dismissed.
believed to be an intruder showed a mistake of fact on Once convicted or acquitted of a specific act of reckless
his part which led him to take the facts as they appear imprudence, the accused may not be prosecuted again
to him and was pressed to take immediate action. for the same act. For the essence of the quasi-offense
under Art. 365 of the RPC lies in the execution of an
People v. Oanis imprudent act which would be punishable as a felony.
74 Phil 257 (1988) The law penalizes the negligent act and not the result.
Police officers who shot a sleeping man in the The gravity of the consequences is only taken into
back mistaking him for a notorious escaped convict account to determine the penalty. It does not qualify the
wanted dead or alive, could still be held liable for the substance of the offense.
killing since they did not take reasonable precautionary
measures. Police officers are still liable because they are People vs. Pugay
not justified in killing a man whose identity they did not 167 SCRA 439
ascertain. The third requisite of mistake of fact is Facts: Miranda and the accused Pugay are
lacking. In this case, self-defense is not tenable as a friends. On the evening of May 19, 1982 a town fiesta
defense as there was no unlawful aggression but they was held in the public plaza of Rosario Cavite. Sometime
may avail of the defense of fulfillment of duty as a after midnight accused Pugay and Samson with several
mitigating circumstance. companions arrived (they were drunk), and they started
making fun of Bayani Miranda. Pugay after making fun
Criminal intent is replaced by negligence and of the Bayani, took a can of gasoline and poured its
imprudence in felonies committed by means of contents on the latter, Gabion (principal witness) told
culpa. Pugay not to do the deed. Then Samson set Miranda on
fire making a human torch out of him. They were
2. CULPA arrested the same night and barely a few hours after the
incident gave their written statements.
RPC, Art. 365 par. 7 Held: Having taken the can from under the
Reckless imprudence consists in voluntarily, engine of the ferris wheel and holding it before pouring
but without malice, doing or failing to do an act from its contents on the body of the deceased, this accused
which material damage results by reason of inexcusable knew that the can contained gasoline. The stinging smell
lack of precaution on the part of the person performing of this flammable liquid could not have escaped his
or failing to perform such act, taking into consideration notice even before pouring the same. Clearly, he failed
his employment or occupation, degree of intelligence to exercise all the diligence necessary to avoid every
physical condition and other circumstances regarding undesirable consequence arising from any act that may
persons, time and place. be committed by his companions who at the time were
Simple imprudence consists in the lack of making fun of the deceased. Thus, he is guilty of
precaution displayed in those cases in which the damage homicide through reckless imprudence.
impending to be the cause is not immediate nor the
danger clearly manifest. B. CRIMES
DEFINED AND PENALIZED BY SPECIAL
Requisites of culpa: LAWS
1. freedom
2. intelligence
There are 3 classes of crimes. The RPC defines and
3. imprudence, negligence or lack of
penalizes the first two classes: 1) intentional and 2)
foresight and lack of skill
culpable felonies.
In culpable felonies, the injury caused to another
The third class of crimes is those defined and penalized
should be unintentional, it being simply the incident
by special laws which include crimes punished by
of another act performed without malice. (Reyes, p.
municipal or city ordinances.
49).
The provisions of this Code are not applicable
an act performed without malice but at the same
to offenses punished by special laws especially
time punishable though in a lesser degree and with
those relating to the requisite of criminal
an equal result
intent; the stages of commission; and the
application of penalties.
imprudence - lack of precaution to avoid
However, when the special law is silent, the
injury, usually involves lack of skill
Code can be given suppletory effect.
negligence - failure to foresee impending
Dolo is not required in crimes punished by
danger, usually involves lack of foresight
special laws because these crimes are mala
prohibita.
People v. Buan
In those crimes punished by special laws, the
22 SCRA 1383 (1968)
act alone irrespective of its motives,
Facts: The accused was driving a passenger
constitutes the offense.
bus. Allegedly because of his recklessness, the bus
Good faith and absence of criminal intent are
collided with a jeep injuring the passengers of the latter.
not valid defenses in crimes punished by
A case was filed against the accused for slight physical
special laws
injuries through reckless imprudence for which he was
tried and acquitted. Prior to his acquittal, a case for
1. MALA IN SE and MALA PROHIBITA
serious physical injuries and damage to property
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minimum period or a fine ranging from 200 to 6,000 a. That two or more persons came to an
pesos, or both, shall be imposed upon: agreement:
1. Any person who shall enter into any contract - Agreement presupposes meeting of the
or agreement or shall take part in any conspiracy or minds of two or more persons.
combination in the form of a trust or otherwise, in b. That the agreement concerned the
restraint of trade or commerce or to prevent by artificial commission of a felony; and
means free competition in the market; - The agreement must refer to the commission
of a crime. It must be an agreement to act, to
effect, to bring about what has already been
Art. 306. Who are brigands; Penalty. When more
conceived and determined.
than three armed persons form a band of robbers for the
c. That the execution of the felony be
purpose of committing robbery in the highway, or
decided upon.
kidnapping persons for the purpose of extortion or to
- The conspirators have made up their minds
obtain ransom or for any other purpose to be attained
to commit the crime. There must be a
by means of force and violence, they shall be deemed
determination to commit the crime of
highway robbers or brigands.
treason, rebellion or sedition.
Persons found guilty of this offense shall be
punished by prision mayor in its medium period to
reclusion temporal in its minimum period if the act or PROPOSAL
acts committed by them are not punishable by higher
penalties, in which case, they shall suffer such high Requisites:
penalties. a. That a person has decided to commit a
If any of the arms carried by any of said felony; and
persons be an unlicensed firearm, it shall be presumed b. That he proposes its execution to some
that said persons are highway robbers or brigands, and other person or persons.
in case of convictions the penalty shall be imposed in
the maximum period. There is no criminal proposal when:
a. The person who proposes is not
determined to commit the felony.
Art. 340. Corruption of minors. Any person who
b. There is no decided, concrete and formal
shall promote or facilitate the prostitution or corruption
proposal.
of persons underage to satisfy the lust of another, shall
c. It is not the execution of a felony that is
be punished by prision mayor, and if the culprit is a
proposed. (Reyes, p. 128):
pubic officer or employee, including those in
government-owned or controlled corporations, he shall
It is not necessary that the person to whom the
also suffer the penalty of temporary absolute
proposal is made agrees to commit treason or rebellion.
disqualification.
Conspiracy and proposal is punishable in the
Conspiracy and proposal to commit a felony are two following cases:
different acts or felonies: (1) conspiracy to commit a Conspiracy and proposal to commit treason;
felony, and (2) proposal to commit a felony. Conspiracy and proposal to commit coup
d'etat, rebellion or insurrection;
GENERAL RULE: Conspiracy and proposal to commit a Conspiracy to commit sedition;
felony are not punishable Conspiracy or combination in restraint of
EXCEPTION: They are punishable only in the cases in trade;
which the law specially provides a penalty therefore. Conspiracy to commit arson;
RATIONALE: Conspiracy and proposal to commit a Conspiracy to commit terrorism; and
crime are only preparatory acts and the law regards
Conspiracy to commit importation, sale,
them as innocent or at least permissible except in rare
trading, administration, dispensation, delivery,
and exceptional cases.
distribution, transportation, manufacture,
cultivation of dangerous drugs and
CONSPIRACY maintenance of a den, dive or resort where
- exists when two or more persons come to an any dangerous drug is used in any form.
agreement concerning the commission of a felony and
decide to commit it. US v. Bautista
6 Phil 581 (1906)
The RPC specially provides a penalty for mere Facts: Appellants Bautista, Puzon and De
conspiracy in treason, coup detat, rebellion or sedition. Guzman were convicted in the Court of First Instance
Treason, coup detat, rebellion or sedition must not of Manila of the crime of conspiracy to overthrow, put
actually be committed or else conspiracy shall no longer down, and destroy by force the Government of the
be punishable because it is not a separate offense from United States in the Philippine Islands and the
the felony itself. Government of the Philippine Islands, as defined and
penalized in section 4 of Act No. 292 of the Philippine
INDICATIONS OF CONSPIRACY Commission.
- for a collective responsibility among the Held: Only Bautista and Puzon are guilty of
accused to be established, it is sufficient that at the time conspiracy. In this case, evidence on record shows that
of the aggression, all of them acted in concert, each Bautista was fully aware of the purposes of the
doing his part to fulfill their common design to commit meetings he participated in, and even gave an
the felony. (Reyes, p. 124). assurance to the chief of the military forces that he is
making the necessary preparations. On the other hand,
REQUISITES OF CONSPIRACY Puzon voluntarily accepted his appointment and in
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doing so, assumed all the obligations implied by such Bello lead to no other conclusion than that she conspired
acceptance. These are considered evidence of the with her co-accused to commit the crime.
criminal connection of the accused. Conspiracy exists where the plotters agree,
De Guzman, on the other hand, is not guilty expressly or impliedly, to commit the crime and decide
of conspiracy. While he might have been helping the to pursue it. Conspiracy is predominantly a state of mind
conspirators by accepting bonds in bundles, he was not as it involves the meeting of the minds and intent of the
aware of the contents nor did he assume any obligation malefactors. Consequently, direct proof is not essential
with respect to these bonds. to establish it. The existence of the assent of minds of
the co-conspirators may be inferred from proof of facts
People v. Fabro and circumstances which, taken together, indicate that
325 SCRA 285 (2000) they are parts of the complete plan to commit the crime.
Facts: Petitioner Fabro together with her
common-law husband Pilay and Irene Martin was Li v. People
charged with the crime of "violation of Section 21 (b) 427 SCRA 217 (2001)
Art. IV, in relation to Section 4, Art. II of Republic Act Facts: Because of an altercation between
No. 6425 as amended, for selling to PO2 Apduhan, who Arugay and Li, the latter armed himself with a baseball
acted as poseur buyer, one kilo of dried marijuana bat and used the same to hit Arugay on the arm. Arugay
leaves. Fabro contends that her guilt was not proven armed with a bolo, retaliated by hacking Li on the head
beyond reasonable doubt as based on the testimony of causing the bat to fall from his hand and leaving him
the NBI, the real possessor of the confiscated properties unconscious or semi-unconsious. At this point in time,
was her co-accused Martin. Sangalang, who was also present stabbed Arugay
Held: Fabros contention that Martin was the several times which resulted to the latters death. The
real curlprit being the source of the contraband does not lower court held that there was conspiracy in the
in any way absolve her of the crime of selling marijuana. present case
While it is true that it was Martin who took the money, it Held: The existence of conspiracy should be
was Fabro who negotiated with the poseur buyers, ruled out. Sangalang was the main actor in stabbing
fetched her co-accused; and carried and handed over Arugay to death. As Li was incapacitated or probably
the marijuana to Apduhan. The acts of Martin and Fabro unconscious at the time Sangalang stabbed Arugay, it
clearly show a unity of purpose in the consummation of cannot be assumed that Sangalang did what he has
the sale of marijuana. done with the knowledge or assent of Li, much more in
It is clear that Section 21 (b) of R.A. 6425 coordination with each other. Based on the
punishes the mere conspiracy to commit the offense of circumstances, the Court is hard put to conclude that
selling, delivering, distributing and transporting of Sangalang and Li had acted in concert to commit the
dangerous drugs. Conspiracy herein refers to the mere offense. In fact, the stabbing of Arugay could very well
agreement to commit the said acts and not the actual be construed as a spur-of-the-moment reaction by
execution thereof. While the rule is that a mere Sangalang upon seeing that his friend Li was struck on
conspiracy to commit a crime without doing any overt the head by Arugay. From such a spontaneous reaction,
act is not punishable, the exception is when such is a finding of conspiracy cannot arise.
specifically penalized by law, as in the case of Section 21 Proving conspiracy is a dicey matter, especially
of Republic Act 6425. Conspiracy as crime should be difficult in cases such as the present wherein the
distinguished from conspiracy as a manner of incurring criminal acts arose spontaneously, as opposed to
criminal liability the latter being applicable to the case. instances wherein the participants would have the
opportunity to orchestrate a more deliberate plan.
People v. Bello Spontaneity alone does not preclude the establishment
428 SCRA 388 (2004) of conspiracy, which after all, can be consummated in a
Facts: Accused Bello et. al. mapped out a plan moments notice through a single word of assent to a
to rob a moneychanger. Calling the moneychanger from proposal or an unambiguous handshake. Yet it is more
a motel room, Bello misrepresented that she came from difficult to presume conspiracy in extemporaneous
Japan and would like to convert her 40 pieces of yen to outbursts of violence; hence, the demand that it be
pesos. She requested that the currency conversion be established by positive evidence. A conviction premised
made in her room as she did not want to carry around a on a finding of conspiracy must be founded on facts, not
huge sum of money. During the occasion of the robbery, on mere inferences and presumption.
Andasan, the messenger who brought the money to
Bello was killed. The trial court ruled that Bello conspired People v. Bagano
with the other accused and was found guilty as principal 375 SCRA 470 (2002)
for the crime of robbery with homicide. Facts: Jeremias and his wife Merlinda were
Bello, argued that her alleged conspiracy with sleeping in their home when they were awakened by
the other accused was not sufficiently established by someone repeatedly calling Jeremias' name. Jeremias
circumstantial evidence as there was no showing that went to the window to see who it was and thereafter left
she had the same purpose and united with the other their room to go outside. Merlinda remained in their
accused in the execution of the crime. She alleged that room, but peering through the window, she saw Caete
her mere presence in the crime scene is not per se a suddenly embrace Jeremias as the latter was opening
sufficient indicium of conspiracy. She insists that she the gate. Thereupon, Bagano with ice pick in hand
acted against her will due to the irresistible force stabbed Jeremias on the chest. Jeremias struggled to
employed by her co-accused. free himself from Caete's clasp and ran, but Bagano
Held: The Court held that Bello conspired with gave chase. Jeremias died upon arrival at the hospital.
her co-accused to commit the crime. Records clearly Held: Conspiracy is attendant in the commission of the
reveal that Bello was part of the plan to rob the crime. For conspiracy to exist, it is sufficient that at the
moneychanger. The chain of events and the conduct of time of the commission of the offense the accused had
the same purpose and were united in its execution.
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Proof of an actual planning of the perpetuation of the and cooperated with each other in killing Lomida.
crime is not a condition precedent. From the mode and Appellant was the one who opened the door and allowed
manner in which the offense was perpetrated, and as the other accused to enter the house. She joined them
can be inferred from their acts, it is evident that Bagano in bringing the victim to the residence of Ramos, her
and Caete were one in their intention to kill Jeremias. brother-in-law. While her co-accused dragged the
Hence, in accordance with the principle that in helpless victim, tied him to a santol tree, stabbed him
conspiracy the act of one is the act of all, the fact that it twice by a bladed knife, and shot him 5 to 7 times,
was Bagano who delivered the fatal blow on Jeremias appellant merely watched intensely. She even turned
and Caete's participation was limited to a mere her back as the lifeless body of the victim was being
embrace is immaterial. Conspiracy bestows upon them burned. And after attaining their purpose, she fled with
equal liability; hence, they shall suffer the same fate for the other accused.
their acts. The above circumstances clearly show the
common purpose and concerted efforts on the part of
People v. Bangcado appellant and her co-accused.
346 SCRA 189 (2000)
Facts: SPO1 Bangcado together with SPO1 People v. Amar
Banisa frisked and searched Cogasi, Clemente, Adawan G.R. No. 194235 (2016)
and Lino to see if they were concealing any weapons. Each of the accused-appellants had intentional,
After making sure that the victims were unarmed, direct, and substantial participation in the victims
Bangcado directed the victims to form a line against a kidnapping for ransom. The victim's abduction, his
Ford Fierra. Because Bangcado and Banisa were holding being taken to and held up in a house in Ilocos Norte
handguns, Cogasi and his friends did as they were told under guard, the ransom demand and negotiation, and
and were caught unaware when they were shot by finally, the ransom payout, which all happened in a span
Bangcado. Adawan and Lino died of gunshot wounds in of six (6) days, clearly took planning and coordination
the head, while Cogasi and Clemente sustained head among accused-appellants. Accused-appellant Efren
wounds. The lower court convicted both Bangcado and Gascon (Gascon), in particular, was among the four
Banisa for 2 counts of murder and 2 counts of frustrated (4) men who abducted the victim in Meycauayan,
murder. Bulacan on October 8, 2002, and kept guard over the
Held: There being no finding of Conspiracy victim for six (6) days in Dingras, Ilocos Norte. In view
with Bangcado, the Court acquitted Banisa of all the thereof, accused-appellant Gascon could not be a mere
charges against him. In the absence of any previous accomplice as his presence at the scene/s of the crime
plan or agreement to commit a crime, the criminal was definitely more than just to give moral support; his
responsibility arising from different acts directed against presence and company were indispensable and essential
one and the same person is individual and not collective, to the perpetration of the kidnapping for ransom. Thus,
and that each of the participants is liable only for his all the accused-appellants, as co-conspirators, were
own acts. Consequently, Banisa must be absolved from found guilty beyond reasonable doubt of the crime of
criminal responsibility for the assault on the victims. It is kidnapping for ransom.
clear that neither the victims nor Banisa could have
anticipated Bangcado's act of shooting the victims since People v. Olazo
the attack was sudden and without any reason or G.R. No. 220761 (2016)
purpose. Thus, the criminal design of Bangcado had not Facts: An Information was filed with the RTC
yet been revealed prior to the killings. against Eddie Olazo, Miguel and Charito, together with
Rogelio, Joseph, Dionesia, Rommel and Eddie with the
People v. Ramos crime of Robbery with Homicide. The RTC convicted
427 SCRA 299 (2004) Charito, together with Rogelio, Eddie Olazo and Miguel.
Facts: The trial court found appellant Eulalia Aggrieved Charito appealed before the CA, along with
San Roque guilty for conspiring and confederating with Eddie Olazo and Miguel. The CA affirmed the decision of
her co-accused for the murder of her live-in-partner the RTC insofar as the conviction of Charito. Charito
Lomida. Lomida was stabbed, shot and burned resulting then filed an Appeal with the Supreme Court claiming
to his death. Appellant argues that the fact of such that the prosecution was unable to prove his guilt
conspiracy has not been satisfactorily proven during the beyond reasonable doubt since his participation in the
trial of the case. She vigorously contends that she did planning stages of the crime was insufficient to sustain
not participate in the killing of the victim. his conviction and the finding of conspiracy between him
Held: In determining the existence of and his co-accused.
conspiracy, it is not necessary to show that all the Held: There is conspiracy when two or more
conspirators actually hit and killed the victim. The persons come to an agreement concerning the
presence of conspiracy among the accused can be commission of a felony and decide to commit it.
proven by their conduct before, during or after the Conspiracy is present when one concurs with the
commission of the crime showing that they acted in criminal design of another, indicated by the performance
unison with each other, evincing a common purpose or of an overt act which produces the crime. In proving
design. There must be a showing that appellant conspiracy, direct evidence is not indispensable as its
cooperated in the commission of the offense, either existence may be inferred from the conduct of the
morally, through advice, encouragement or agreement accused before, during, and after the commission of the
or materially through external acts indicating a manifest crime. In this, Joseph positively identified Charito and
intent of supplying aid in the perpetration of the crime in declared that he saw him during the initial planning of
an efficacious way. In such case, the act of one becomes the commission of the crime and noted Charitos express
the act of all, and each of the accused will thereby be agreement. He also testified that he saw Charito in the
deemed equally guilty of the crime committed. evening of August 8 2004, when he brought the accused
The series of events in this case convincingly near the house of spouses Vallecera and again upon
show that appellant and her co-accused acted in unison
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4. Any person who, in order to avoid an evil or There is no unlawful aggression when there is
injury, does an act which causes damage, provided that agreement to fight because where the fight has been
the following requisites are present: agreed upon, each of the protagonists is at once
assailant and assaulted. But when the aggression is
First. That the evil sought to be avoided ahead of the stipulated time and place, it is unlawful.
actually exists.
Second. That the injury feared be greater The rule now is STAND GROUND WHEN IN THE
than that done to avoid it; RIGHT. So, where the accused is where he has the
Third. That there be no other practical and right to be, the law does not require him to retreat
less harmful means of preventing it. when his assailant is rapidly advancing upon him with
a deadly weapon.
5. Any person who acts in fulfillment of a duty
or in the lawful exercise of a right or office. The belief of the person may be considered in
determining the existence of unlawful aggression.
6. Any person who acts in obedience to an Ex. If the aggressor used a toy pistol but the
order issued by a superior for some lawful purpose. accused believed it was a real gun, he may claim self-
defense.
Article 11 recognizes the acts of such persons as b. Reasonable necessity of the means employed
justified. Such persons are not criminals, as there is no to prevent or repel it
crime committed.
The second requisite presupposes the existence of
Par. 1 SELF-DEFENSE unlawful aggression.
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victims. Thus, there is incomplete self-defense and the Cubol advanced towards him, Sumicad drew out his bolo
accused is entitled to a penalty lower by one or two and struck him. Cubol tried to wrest the bolo from
degrees. Sumicad and to prevent this, the latter struck him again
Dissent: Defense of property is not of such twice which broke Cubols cranium resulting to his
importance as the right to life and defense of property death.
can only be invoked when it is coupled with some form Held: As a general rule, a man is not justified
of attack on the person of one entrusted with said in killing an assailant who is not armed with any
property. In this case before us, there is no evidence dangerous weapon. This rule applies only when the
that an attack was attempted. The utterance, no, contending parties are in the open and the person
gaddemit, proceed, go ahead is not unlawful aggression assaulted can escape. However, where one has no
which entitles him neither to a plea of self-defense nor means of escaping, the one who is assaulted can use a
to a mitigating circumstance of incomplete self-defense. weapon in any way reasonably necessary to his
protection against the aggressor.
People v. Boholst-Caballero The deceased here is a bully of known violent
61 SCRA 180 (1974) character and although unarmed, he attempted to take
Facts: Boholst (wife) and Caballero (husband) from the accused a bolo which is the only means of
are married to each other. But since their marriage was defense possessed by the latter. It would have been an
an unhappy one, they separated. One evening, the wife act of suicide on the part of the accused to allow the
went caroling with her friends and she was seen by her bolo to pass into the hands of his antagonist.
husband standing in a corner of the yard of Barabad. He
accused her of prostituting and threatened to kill her as People v. Luague
he held her by the hair, slapped her face until her nose 62 Phil 504 (1935)
bled. He, then, choked her and at the same time Facts: The deceased tried to rape the accused
continuously saying that he will kill her. The wife then while her husband was away. The deceased threatened
pulled out the knife of her husband tucked inside the the accused with a knife to compel her to have sex with
belt line and stabbed him. When she was released, she him. As the deceased was preparing to lie down with
ran home. The wife is claiming self-defense. her, he placed the knife on the floor and so the accused
Held: The wife who being strangled and choked took advantage of the situation by getting the knife and
by a furious aggressor had no other recourse but to get stabbing the deceased with it.
hold of any weapon within her reach to save herself. The Held: An attempt to rape is a sufficient
claim that it was not proper for the wife to be standing aggression for a legitimate claim of self-defense. We
in the middle of the night outside a yard giving the have the right to HONOR. Womans honor is a right as
impression that she is prostituting herself, is not precious as her very existence because chastity once
sufficient provocation. All that the accused did was to defiled cannot be restored.
provoke an imaginary commission of a wrong in the
mind of her husband which is not a sufficient People v. Dela Cruz
provocation under the law of self-defense. 61 Phil 344 (1935)
Facts: Accused was found guilty of homicide
People v. Alconga for stabbing and killing Rivera. Prosecution claimed that
78 Phil 366 (1947) Dela Cruz and Rivera had a relationship and that the
Facts: The deceased Barion was the banker in accused was madly in love with the deceased and was
the game of black jack. Raposo played the game while extremely jealous of another woman with whom Rivera
the accused posted himself behind Barion acting as a also had a relationship. Dela Cruz claimed, on the other
spotter of the cards of the latter and communicating it hand, that on her way home one evening, Rivera
to his partner Raposo. When Barion learned about what followed her, embraced and kissed her and touched her
Raposo and Alconga were doing, an exchange of words private parts. She didnt know that it was Rivera and
ensued. One morning, when Alconga was in the that she was unable to resist the strength of Rivera so
guardhouse, Barion arrived and swung his pingahan at she got a knife from her pocket and stabbed him in
the former but the accused was able to avoid the blow. defense of her honor.
In a crawling position, Alconga avoided the following Held: She is justified in using the pocketknife
blows and was able to draw his revolver and shoot in repelling what she believed to be an attack upon her
Barion. He was able to crawl out of the guardhouse and honor. It was a dark night and she could not have
a hand-to-hand fight ensued. Having sustained several identified Rivera. There being no other means of self-
wounds, Barion ran away but was followed by the defense.
accused and another fight took place. Alconga then
slashed Barions head with a bolo which caused the People v. Jaurigue
latters death. The accused pleaded self-defense. 76 Phil. 174 (1946
Held: An accused was no longer acting in self- Facts: Amado (deceased) has been courting
defense when he pursued and killed a fleeing adversary, the accused Avelina in vain. On the day of the crime,
though originally the unlawful aggressor, there being no Avelina and Amado were in Church. Amado sat beside
more aggression to defend against, the same having Avelina and placed his hand on her thigh. Thereafter,
ceased from the moment the deceased took to his heels. Avelina took out her knife and stabbed Amado in the
neck, causing the death of Amado.
People v. Sumicad Held: Although the defense of ones honor
56 Phil 643 (1932) exempts one from criminal liability, it must be proved
Facts: Sumicad was hauling logs when Cubol that there is actual danger of being raped. In this case,
suddenly struck him with his fist. Sumicad tried to 1) the church was well-lit, 2) there were several people
escape but Cubol continued to strike him with his fists. in the church, including the father of the accused and
Sumicad receded until he found himself cornered by a other town officials. In light of these circumstances,
pile of logs which prevented him from further retreat. As accused could not have possibly been raped. The means
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employed in defense of her honor was evidently Held: It is an established principle that once
excessive. this justifying circumstance is raised, the burden of
proving the elements of the claim shifts to him who
US v. Bumaglang invokes it. The elements of self-defense are: (1) that the
14 Phil 644 (1909) victim has committed unlawful aggression amounting to
Facts: Bumanglang was missing 40 bundles of actual or imminent threat to the life and limb of the
palay. Later, accompanied by his co-defendants, he person claiming self-defense; (2) that there be
awaited the culprit and caught Ribis so they confronted reasonable necessity in the means employed to prevent
him assaulted him with sticks and other cutting and or repel the unlawful aggression; and (3) that there be
stabbing weapons. As a result, Ribis died. Defendants lack of sufficient provocation on the part of the person
declared that during the fight they only beat the claiming self-defense or, at least, that any provocation
deceased with sticks and Ribis unsheathed his bolo. executed by the person claiming self-defense be not the
Bumanglang et al were convicted of homicide. proximate and immediate cause of the victim's
Held: The bolo of the deceased was sheathed aggression. The condition of unlawful aggression is a
when the body was discovered. There was no unlawful sine qua non; otherwise stated, there can be no self-
aggression on the part of Ribis. Thus, there can be no defense, complete or incomplete, unless the victim has
claim of self-defense. committed unlawful aggression against the person
Separate Opinion: A man who ambushed one defending himself.
he suspects to be a thief can claim defense of property. Given the fact that the relationship between
Not only was there unlawful aggression against the parties had been marred by ill will and animosities,
Bumanglag, there was also a wrongful invasion of his and pursuant to the rule on the burden of evidence
habitat and attempt to commit a felony against his imposed by law on the party invoking self-defense, the
property. With the imminence of danger to his life, he admission of Eusebio that he killed Leo made it
realized that he had to ask assistance from his friends, incumbent upon appellant to convincingly prove that
considering Ribis criminal record, character and unusual there was unlawful aggression on the part of the victim
strength. which necessitated the use of deadly force by Eusebio.
Toledo v. People Unfortunately, Eusebio miserably failed to prove the
439 SCRA 94 (2004) existence of unlawful aggression on the part of the
Facts: Toledo saw his nephew, Ricky, and the victim. Eusebio is guilty of murder.
latter's friends about 5 m away from his house, having a
drinking spree. He ordered them not to make loud Cano v. People
noises, and they obliged. He then went to his house and 413 SCRA 92 (2003)
went to sleep. After some time, Ricky and his friends Facts: Conrado and his deceased brother were
also went to sleep. They had not laid down for long rivals in the Rush ID Photo business and had booths
when he heard stones being hurled at the roof of the along the sidewalk of Rizal Avenue, Sta. Cruz, Manila.
house. Ricky saw Toledo stoning their house and asked Condrado borrowed the permit of the deceased and had
him why he was doing the same. Toledo did not answer it photocopied without the latters permission. The
but met Ricky at the doorstep of his house and without deceased confonted Conrado and tried to stab him with
warning stabbed Ricky on the abdomen with a bolo a fan knife. The latter locked himself in the dark room of
which resulted to his death. In the lower court, Toledo his booth to protect himself but was followed by the
defended himself by alleging that his bolo accidentaly hit deceased and they ended up attacking each other.
the stomach of the victim and that he was able to prove During the scuffle, the scissors which Orlando was able
all the essential elements of self defense. to grab fell from his hands. He then grabbed the knife
Held: The Court ruled that it is an aberration of the deceased who in turn picked the scissors. They
for Toledo to invoke the two defenses at the same time again attacked each other which resulted to the death of
because the said defenses are intrinsically antithetical. the other.
There is no such defense as accidental self-defense in Held: Conrados act of killilng his brother was
the realm of criminal law. attended by a justifying circumstance of self-defense. It
The court further ruled that Toledo was not was the deceased who purposely sought and initially
justified in stabbing Ricky. There was no imminent attacked Orlando with a knife. The act of a person
threat to his life necessitating his assault. Records reveal armed with a bladed weapon pursuing another
that there is no unlawful agression, a condition sine qua constitutes unlawful agression because it signifies the
non for the justifying circumstance of self defense, on pursuers intent to commit an assault with his weapon.
the part of Ricky. Ricky arrived at Toledos house There was also lack of sufficient provocation on the part
unarmed. With no weapon to attack Toledo or defend of Condrado. His act of photocopying the permit of his
himself, no sign of hostility may be deduced from him. brother without the latters permission can hardly be
conidered as provocation to merit so deadly an assault
People vs. Enfectana with a bladed weapon.
381 SCRA 359 (2002)
Facts: While Adelaida and her husband Leo Balunueco v. CA
were on their way home, they were sideswiped by a 401 SCRA 76
tricycle driven by appellant Erwin with Efren both Facts: Amelia was coddling her youngest child
surnamed Enfectana as passenger. As a result, her in front of her house when she saw accused Reynaldo,
husband fell in a crouching position. When he was about his father Juanito, brothers Ricardo and Ramon, all
to get up, Eusebio also surnamed Enfectana came from surnamed Balunueco, and one Flores chasing her
behind to stab him. Then Erwin and Efren took turns in brother-in-law Servando. With the 5 individuals in hot
stabbing Leo. He died as a result. In court, Eusebio pursuit, Servando scampered into the safety of Amelia's
Enfectana admitted that he killed Leo. He, however, house. Meanwhile, Senando, who was then cooking
alleged that he acted in self-defense supper, went out of the house unaware of the
commotion going on outside. Upon seeing Senando,
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Reynaldo turned his attention on him and gave chase. one making the defense of a stranger would likewise
Senando instinctively fled towards the fields but he was cease to have any justification for killing, or even just
met by Armando who hit him with a stone, causing wounding, the former aggressor. From the defense
Senando to feel dizzy. Reynaldo, Ricardo, and Armando account, it would appear that Hilario was already
cornered their quarry near a canal and ganged up on disarmed and the unlawful aggression by Hilario (if
him. Armando placed a can on top of Senando's head indeed he was the aggressor) to have by then been
and Ricardo repeatedly struck Senando with an ax on abated, when Dijan still delivered the fatal thrusts on
the head, shoulder, and hand. At one point, Ricardo lost the victim.
his hold on the ax, but somebody tossed him a bolo and The number of wounds sustained by the victim
then he continued hacking the victim who fell on his would itself likewise negate Dijans claim of defense of a
knees. To shield him from further violence, Amelia put stranger. The autopsy conducted on the corpse would
her arms around her husband but it was not enough to show that the deceased sustained 14 injuries consisting
detract Ricardo from his murderous frenzy. Amelia was of 9 stab wounds, 3 punctured wounds, an incised
also hit on the leg. The RTC and CA convicted Ricardo of wound and an abrasion. Certainly, the nature and
Homicide. He now imputes errors to the CA in not taking number of wounds inflicted by an accused on the victim
into consideration the fact that if indeed he participated, should be significant indicia in determining the
he had acted in defense of his relatives. plausibility of the defense plea.
Held: Of the three (3) requisites of defense of
relatives, unlawful aggression is a condition sine qua People v. Nestor Roxas
non, for without it any defense is not possible or G.R. No. 218396, 10 February 2016
justified. In order to consider that an unlawful Facts: In the evening of October 25, 1995, Severino
aggression was actually committed, it is necessary that Manalo (victim) and Vicente were talking to each other
an attack or material aggression, an offensive act in front of the house of Alfredo Asi (Alfredo). Then,
positively determining the intent of the aggressor to Vicente saw the accused-appellant approach Severino
cause an injury shall have been made; a mere from behind and suddenly stab the latter thrice with a
threatening or intimidating attitude is not sufficient to white sharp bladed weapon. The three successive stab
justify the commission of an act which is punishable per blows landed on Severino's back, his stomach and on his
se, and allow a claim of exemption from liability on the side. Vicente testified that Severino was caught off
ground that it was committed in self-defense or defense guard when he was stabbed by the accused-appellant as
of a relative. the victim was facing the former while they were talking.
In the case at bar, petitioner Ricardo utterly Immediately after Severino was stabbed, the accused-
failed to adduce sufficient proof of the existence of a appellant fled from the place of the incident. For fear
positively strong act of real aggression on the part of the that he might also be attacked, Vicente scampered away
deceased Senando.. It was he and his kin who had to a safer distance until he reached his place where he
inititated the unlawful agression and not Senando. called for help. Vicente, together with some people,
Further, the natural impulse of any person who has returned to the crime scene where they found Severino
killed someone in defense of his person or relative is to sprawled on the ground already dead.
bring himself to the authorities and try to dispel any Accused raised self-defense as an excuse.
suspicion of guilt that the authorities might have against Held: After taking into account the location and the
him. Ricardo failed to do the same. With the exception number of stab wounds sustained by the victim, the
of his self-serving allegations, there is nothing on record accused-appellant's claim of self-defense further
that would justify his killing of Senando. crumbles. To reiterate, the first stab blow hit Severino's
back jibing with Vicente's assertion that the former was
People v. Dijan stabbed from behind. Then, when the victim was totally
383 SCRA 15 (2002) caught by surprise with the initial attack, the second and
Facts:Silvestre and Hilario were at a store to third stab blows were delivered. Additionally, the
buy some cigarettes when they saw the group of Dijan, number of wounds suffered by Severino invalidates the
Paglinawan and Lizardo, passing by the store. accused-appellant's allegation that he was only
Paglinawan suddenly confronted Hilario for purportedly defending himself for the number of wounds inflicted are
giving him a "bad stare." Silvestre apologized and rather demonstrative of deliberate and criminal intent to
explained that it was the natural way Hilario gazed at end the life of the victim. Likewise weakening accused
people. Dijan, Paglinawan and Lizardo then left the place appellant's contention that he acted in self-defense was
while Silvestre and Hilario proceeded home. While his behavior immediately after the incident. In the case
Silvestre and Hilario were walking, the 3 accused, at bar, the accused-appellant himself admitted that
ganged up on, and took turns in stabbing, Hilario. At upon seeing the victim lying on the ground, he boarded
that point, Hilario, who was walking slightly ahead of a jeep to go to his sister's place in San Pascual,
Silvestre, cried out and told the latter to flee. Silvestre Batangas before moving to Bicol where he hid from the
ran away until he was able to cling to a passing authorities for several years. The accused-appellant's
passenger jeepney. Hilario was found to have sustained flight negates his plea of self-defense and indicates his
several stab wounds, punctured and incised wounds, guilt.
and abrasion in various parts of the body which caused
his death. Appealing his conviction in court, Dijan
invoked the justifying circumstance of defense of a Par. 4 AVOIDANCE OF A GREATER EVIL
stranger.
Held: In order to successfully put up this Any person who, in order to avoid an evil or injury,
defense an accused must show the existence of unlawful does an act which causes damage to another.
aggression on the part of the victim. The unlawful
aggression must be a continuing circumstance or must DAMAGE TO ANOTHER the term covers
have been existing at the time the defense is made. injury to persons and damage to property.
Once unlawful aggression is found to have ceased, the
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bamboo in the shape of a lance. Delima demanded the menacingly advancing towards them, notwithstanding
surrender of the weapon but Napilon refused. Delima accused-appellant's previous warning shot and verbal
fired his revolver to impose his authority but the bullet admonition to the victim to lay down his weapon or he
did not hit him. The criminal ran away and Delima went would be shot. As a police officer, it is to be expected
after him and fired again his revolver this time hitting that accused-appellant would stand his ground. Up to
and killing him. that point, his decision to respond with a barrage of
Held: The killing was done in the performance gunfire to halt the victim's further advance was justified
of a duty. The deceased was under the obligation to under the circumstances. After all, a police officer is not
surrender and had no right, after evading service of his required to afford the victim the opportunity to fight
sentence, to commit assault and disobedience with a back. Neither is he expected when hard pressed and in
weapon in his hand, which compelled the policeman to the heat of such an encounter at close quarters to
resort to such extreme means, which, although it proved pause for a long moment and reflect coolly at his peril,
to be fatal, was justified by the circumstance. or to wait after each blow to determine the effects
thereof.
People v. Oanis However, he cannot be exonerated from
74 Phil 257 (1943) overdoing his duty during the second stage of the
Although an officer in making a lawful arrest is incident when he fatally shot the victim in the head,
justified in using such force as is reasonably necessary even after the latter slumped to the ground due to
to secure and detain the offender, overcome his multiple gunshot wounds sustained while charging at the
resistance, prevent his escape, recapture him if he police officers. Sound discretion and restraint dictated
escapes, and protect himself from bodily harm, yet he is that accused-appellant, a veteran policeman, should
never justified in using unnecessary force or in treating have ceased firing at the victim the moment he saw the
him with wanton violence or in resorting to dangerous latter fall to the ground. The victim at that point no
means when the arrest could be effected otherwise. longer posed a threat and was already incapable of
mounting an aggression against the police officers.
Pomoy v. People Shooting him in the head was obviously unnecessary.
439 SCRA 439 (2004) The law does not clothe police officers with
:
Fats Police sergeant Pomoy, went near the
authority to arbitrarily judge the necessity to kill- it must
be stressed that their judgment and discretion as police
door of the jail where Balboa was detained for robbery officers in the performance of their duties must be
and directed the latter to come out, purportedly for excercised neither capriciously nor oppressively, but
tactical interrogation at the investigation room. At that within reasonable limits.
time, petitioner had a gun, a .45 caliber pistol, tucked in
a holster which was hanging by the side of his belt. The
Par. 6 OBEDIENCE TO AN ORDER ISSUED FOR
gun was fully embedded in its holster, with only the
SOME LAWFUL PURPOSE
handle of the gun protruding from the holster. Balboa
tried to remove Pomoys gun and the two grappled for
possession of the gun. Thereafter, 2 gunshots were Requisites:
heard. When the source of the shots was verified, 1. That an order has been issued by a
petitioner was seen still holding a .45 caliber pistol, superior.
facing Balboa, who was lying in a pool of blood. Pomoy 2. That such order must be for some lawful
invoked the defense of accident for his defense. purpose.
Held: Pomoy is acquitted. At the time of the 3. That the means used by the subordinate to
incident, petitioner was a member specifically, one of carry out said order is lawful.
the investigators of the Philippine National Police
(PNP) stationed at the Iloilo Provincial Mobile Force When the order is not for a lawful purpose,
Company. Thus, he was in the lawful performance of his the subordinate who obeyed it is criminally liable.
duties as investigating officer that, under the The subordinate is not liable for carrying out
instructions of his superior, he fetched the victim from an illegal order of his superior, if he is not aware of the
the latter's cell for a routine interrogation. illegality of the order and he is not negligent.
The participation of petitioner, if any, in the
victim's death was limited only to acts committed in the People v. Beronilla
course of the lawful performance of his duties as an 96 Phil 566(1955)
enforcer of the law. The removal of the gun from its Facts: Borjal was the elected mayor of La Paz,
holster, the release of the safety lock, and the firing of Abra at the outbreak of war and continued to serve as
the two successive shots all of which led to the death Mayor during Japanese occupation. Beronilla was
of the victim were sufficiently demonstrated to have appointed later as Military Mayor. Later, while the
been consequences of circumstances beyond the control operations for the liberation of Abra was in progress,
of petitioner. At the very least, these factual Beronilla, pursuant to his instructions, placed Borjal in
circumstances create serious doubt on Pomoys his custody and asked the residents to file charges of
culpability. espionage, aiding the enemy, and abuse of authority
against him. After trial, Borjals execution took place.
People v. Ulep Later, Beronilla, together with a priest, executioner,
340 SCRA 688 (2000) grave digger, etc. were indicted for murder. The
Accused-appellant and the other police officers prosecution claimed that Col. Volkmann transmitted a
involved originally set out to perform a legal duty: to radiogram message stating that the jury system
render police assistance, and restore peace and order at organized by the municipality is illegal and cannot order
Mundog Subdivision where the victim was then running execution of Borjal.
amuck. There were two (2) stages of the incident at Held: There is no proof that Beronilla was able
Mundog Subdivision. During the first stage, the victim to receive the radiogram message. The records are
threatened the safety of the police officers by ample to sustain the claim of the accused that the
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victim, who was likewise stabbed by Valledor was Discernment may be shown by 1) the manner the
wounded. Elsa was declared dead on arrival. Roger on crime was committed or 2) the conduct of the offender
the other hand was treated for the 5-centimeter wound after its commission.
sustained by him on his right forearm. Valledor invoked
the defense of insanity. R.A. 9344 Sec. 6 (Juvenile Justice and Welfare
Held: Valledor failed to discharge the burden of Act of 2006)
overcoming the presumption of sanity at the time of the
commission of the crime. A child fifteen (15) years of age or under at the
Judging from his acts, Valledor was clearly time of the commission of the offense shall be exempt
aware and in control of what he was doing as he in fact from criminal liability. However, the child shall be
purposely chose to stab only the two victims. Two other subjected to an intervention program.
people were also inside the room, but Valledor went for
the victims. His obvious motive of revenge against the A child above fifteen (15) years but below
victims was accentuated by calling out their names and eighteen (18) years of age shall likewise be exempt
uttering the words, "I had my revenge" after stabbing from criminal liability and be subjected to an
them. Finally, his act of immediately fleeing from the intervention program, unless he/she has acted with
scene after the incident indicates that he was aware of discernment, in which case, such child shall be
the wrong he has done and the consequence thereof. subjected to appropriate proceedings.
As consistently held by this Court, "A man may
act crazy but it does not necessarily and conclusively The exemption from criminal liability does not
prove that he is legally so. Then, too, the medical include exemption from civil liability.
findings showing that Valledor was suffering from a
mental disorder after the commission of the crime, has Note: A child fifteen (15) years of age or under at
no bearing on his liability. What is decisive is his mental the time of the commission of the offense shall be
condition at the time of the perpetration of the offense. exempt from criminal liability. A child is deemed to be
Failing to discharge the burden of proving that he was fifteen (15) years of age on the day of the fifteenth
legally insane when he stabbed the victims, he should anniversary of his/her birthdate (R.A. No. 10630,
be held liable for his felonious acts. amending Section 6 o R.A. No. 9344).
Par. 3. A PERSON OVER 9 YEARS OF AGE AND Repetition of Offenses (R.A. No. 10630, amending
UNDER 15 UNLESS HE HAS ACTED WITH Section 20 of R.A. No. 9344)
DISCERNMENT, IN WHICH CASE, SUCH MINOR
SHALL BE PROCEEDED AGAINST IN COORDANCE A child who is above twelve (12) years of age
WITH THE PROVISIONS OF ARTICLE 80 OF THIS up to fifteen (15) years of age and who commits an
CODE. offense for the second time or oftener shall be deemed
a neglected child under P.D. No. 603, as amended, and
A minor over 15 and under 18 years of age must have shall undergo an intensive intervention program
acted without discernment to be exempted from criminal supervised by the local social welfare and development
liability. officer, provided that:
DISCERNMENT means the mental capacity of a minor 1. the child was previously subjected to a
between 15 and 18 years of age to fully appreciate the community-based intervention program;
consequences of his lawful act. 2. if the best interest of the child requires
that he/she be placed in a youth care facility or Bahay
DISCERNMENT INTENT Pag-asa, the childs parents or guardians shall execute
Moral significance that a Desired act of the person a written authorization for the voluntary commitment
person ascribes to the said of the child; and
act 3. if the child has no parents or guardians or
if they refuse or fail to execute the written
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authorization for voluntary commitment, the proper accused acted with discernment by evidence of physical
petition for involuntary commitment shall be appearance, attitude or deportment not only before and
immediately filed by the DSWD or the LSWDO pursuant during the commission of the act, but also after and
to P.D. No. 603, as amended (Sec. 20-B of R.A. No. during the trial. The surrounding circumstances must
9344, as amended). demonstrate that the minor knew what he was doing
and that it was wrong. Such circumstance includes the
gruesome nature of the crime and the minors cunning
Note: In the following cases the minor offenders are and shrewdness.
under 15 years of age when they committed the crime. In the present case, the petitioner, with
They are thus exempt from criminal liabilities. methodical fashion, dragged the resisting victim behind
the pile of hollow blocks near the vacant house to insure
People v. Doquena that passersby would not be able to discover his
68 Phil 580 (1939) dastardly acts. When he was discovered by Teofisto
A 13-year old student stabs the school bully, Bucud who shouted at him, the petitioner hastily fled
and is convicted for having shown discernment through from the scene to escape arrest. Upon the prodding of
his responsible demeanor and school performance. his father and her mother, he hid in his grandmothers
Doquenas discernment is gleaned from his academic house to avoid being arrested by policemen and
records, leadership qualities and demeanor while remained thereat until barangay tanods arrived and took
testifying in court. him into custody.
The discernment that constitutes an exception
to the exemption from criminal liability of a minor under When the minor is adjudged criminally irresponsible
fifteen years of age but over nine, is his mental capacity duty of court is to commit him to custody of his family or
to understand the difference between right and wrong, some institution.
and such capacity may be known by taking into
consideration all the facts and circumstances afforded by The allegation of with intent to kill in the information
the records in each case, the very appearance, the very is sufficient allegation of discernment.
attitude of said minor not only before and during the
commission of the act but also after and even during PD 603
trial. THE CHILD AND YOUTH WELFARE CODE
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person who shall be responsible for his appearance determine whether to dismiss the case in accordance with
whenever required. the next preceding article or to pronounce the judgment of
conviction.
Article 192. Suspension of Sentence and In any case covered by this article, the youthful
Commitment of Youthful Offender. - If after hearing the offender shall be credited in the service of his sentence with
evidence in the proper proceedings, the court should find the full time spent in actual commitment and detention
that the youthful offender has committed the acts charged effected under the provisions of this Chapter.
against him the court shall determine the imposable penalty,
including any civil liability chargeable against him. However, Article 198. Effect of Release of Child Based
instead of pronouncing judgment of conviction, the court on Good Conduct. - The final release of a child pursuant to
shall suspend all further proceedings and shall commit such the provisions of this Chapter shall not obliterate his civil
minor to the custody or care of the Department of Social liability for damages. Such release shall be without prejudice
Welfare, or to any training institution operated by the to the right for a writ of execution for the recovery of civil
government, or duly licensed agencies or any other damages.
responsible person, until he shall have reached twenty-one
years of age or, for a shorter period as the court may deem Article 199. Living Quarters for Youthful
proper, after considering the reports and recommendations Offenders Sentence. - When a judgment of conviction is
of the Department of Social Welfare or the agency or pronounced in accordance with the provisions of Article 197,
responsible individual under whose care he has been and at the time of said pronouncement the youthful offender
committed. is still under twenty-one, he shall be committed to the
The youthful offender shall be subject to visitation proper penal institution to serve the remaining period of his
and supervision by a representative of the Department of sentence: Provided, That penal institutions shall provide
Social Welfare or any duly licensed agency or such other youthful offenders with separate quarters and, as far as
officer as the Court may designate subject to such conditions practicable, group them according to appropriate age levels
as it may prescribe. or other criteria as will insure their speedy rehabilitation:
Provided, further, That the Bureau of Prisons shall maintain
Article 193. Appeal. - The youthful offender agricultural and forestry camps where youthful offenders
whose sentence is suspended can appeal from the order of may serve their sentence in lieu of confinement in regular
the court in the same manner as appeals in criminal cases. penitentiaries.
Article 194. Care and Maintenance of Article 200. Records of Proceedings. - Where
Youthful Offender. - The expenses for the care and a youthful offender has been charged before any city or
maintenance of the youthful offender whose sentence has provincial fiscal or before any municipal judge and the
been suspended shall be borne by his parents or those charges have been ordered dropped, all the records of the
persons liable to support him: Provided, That in case his case shall be destroyed immediately thereafter.
parents or those persons liable to support him can not pay Where a youthful offender has been charged and
all or part of said expenses, the municipality in which the the court acquits him, or dismisses the case or commits him
offense was committed shall pay one-third of said expenses to an institution and subsequently releases him pursuant to
or part thereof; the province to which the municipality this Chapter, all the records of his case shall be destroyed
belongs shall pay one-third; and the remaining one-third immediately after such acquittal, dismissal or release, unless
shall be borne by the National Government. Chartered cities civil liability has also been imposed in the criminal action, in
shall pay two-thirds of said expenses; and in case a which case such records shall be destroyed after satisfaction
chartered city cannot pay said expenses, part of the internal of such civil liability. The youthful offender concerned shall
revenue allotments applicable to the unpaid portion shall be not be held under any provision of law, to be guilty of
withheld and applied to the settlement of said indebtedness. perjury or of concealment or misrepresentation by reason of
All city and provincial governments must exert his failure to acknowledge the case or recite any fact related
efforts for the immediate establishment of local detention thereto in response to any inquiry made of him for any
homes for youthful offenders. purpose.
"Records" within the meaning of this article shall
Article 195. Report on Conduct of Child. - The include those which may be in the files of the National
Department of Social Welfare or its representative or duly Bureau of Investigation and with any police department, or
licensed agency or individual under whose care the youthful any other government agency which may have been
offender has been committed shall submit to the court every involved in the case.
four months or oftener as may be required in special cases,
a written report on the conduct of said youthful offender as Article 201. Civil Liability of Youthful
well as the intellectual, physical, moral, social and emotional Offenders. - The civil liability for acts committed by a
progress made by him. youthful offender shall devolve upon the offender's father
and, in case of his death or incapacity, upon the mother, or
Article 196. Dismissal of the Case. - If it is in case of her death or incapacity, upon the guardian. Civil
shown to the satisfaction of the court that the youthful liability may also be voluntarily assumed by a relative or
offender whose sentence has been suspended, has behaved family friend of the youthful offender.
properly and has shown his capability to be a useful member Article 202. Rehabilitation Centers. - The
of the community, even before reaching the age of majority, Department of Social Welfare shall establish regional
upon recommendation of the Department of Social Welfare, rehabilitation centers for youthful offenders. The local
it shall dismiss the case and order his final discharge. government and other non-governmental entities shall
collaborate and contribute their support for the
Article 197. Return of the Youth Offender to establishment and maintenance of these facilities.
Court. - Whenever the youthful offender has been found Article 203. Detention Homes. - The
incorrigible or has wilfully failed to comply with the Department of Local Government and Community
conditions of his rehabilitation programs, or should his Development shall establish detention homes in cities and
continued stay in the training institution be inadvisable, he provinces distinct and separate from jails pending the
shall be returned to the committing court for the disposition of cases of juvenile offenders.
pronouncement of judgment. Article 204. Liability of Parents or Guardian
When the youthful offender has reached the age or Any Person in the Commission of Delinquent Acts
of twenty-one while in commitment, the court shall by Their Children or Wards. - A person whether the
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parent or guardian of the child or not, who knowingly or (h) "Disabled child" includes mentally retarded,
wilfully, physically handicapped, emotionally disturbed and
1. Aids, causes, abets or connives with the mentally ill children, children with cerebral palsy and
commission by a child of a delinquency, or those with similar afflictions.
2. Does any act producing, promoting, or (i) "Mentally retarded child" is one who is (1)
contributing to a child's being or becoming a juvenile socially incompetent, that is, socially inadequate,
delinquent, shall be punished by a fine not exceeding five occupationally incompetent and unable to manage his
hundred pesos or to imprisonment for a period not own affairs; (2) mentally subnormal; (3) intellectually
exceeding two years, or both such fine and imprisonment, at
retarded from birth or early age; (4) retarded at
the discretion of the court.
maturity; (5) mentally deficient as a result of
constitutional origin through heredity or diseases or (6)
essentially incurable.
EN BANC (j) "Physically handicapped child" is one who is
[A.M. No. 02-1-19-SC. February 28, 2002.] crippled, deaf-mute, blind, or otherwise suffers from a
RE: PROPOSED RULE ON COMMITMENT OF defect which restricts his means of action or
CHILDREN communication with others.
RESOLUTION (k) "Emotionally disturbed child" is one who,
Acting on the letter of the Chairman of the although not afflicted with insanity or mental defect, is
Committee on Revision of the Rules of Court submitting unable to maintain normal social relations with others
for this Court's consideration and approval the Proposed and the community in general due to emotional
Rule on Commitment Of Children, the Court Resolved to problems or complexes,
APPROVE the same. (l) "Mentally ill child" is one with any behavioral
The Rule shall take effect on April 15, 2002 following its disorder, whether functional or organic, which is of such
publication in a newspaper of general circulation not a degree of severity as to require professional help or
later than March 15, 2002. hospitalization.
February 28, 2002. (m) "Commitment" or "surrender of a child" is the
legal act of entrusting a child to the care of the
RULE ON COMMITMENT OF CHILDREN Department or any duly licensed child-placement or
child-caring agency or individual by the court, parent or
SECTION 1. Objective. The objective guardian or any interested party.
of this Rule is to ensure that every effort is exerted to (n) "Involuntarily committed child" is one whose
promote the child's welfare and enhance his parents have been permanently and judicially deprived
opportunities for a useful and happy life. Toward this of parental authority due to abandonment; substantial,
end, this Rule seeks to protect the child from all forms of continuous, or repeated neglect; abuse; or
neglect, abuse, cruelty, exploitation and other conditions incompetence to discharge parental responsibilities in
prejudicial to his development . accordance with Section 4 herein.
SECTION 2. Interpretation. The (o) "Voluntarily committed child" is one whose
best interests of the child shall be the paramount parents knowingly and willingly relinquished parental
consideration in all actions concerning him, whether authority to the Department or any duly licensed child-
undertaken by public or private social welfare placement or child-caring agency or individual in
institutions, courts of law, administrative authorities and accordance with Section 3 herein.
legislative bodies consistent with the United Nations (p) "Child-placing or child-placement agency"
Convention on the Rights of the Child. refers to a private non-profit or charitable institution or
SECTION 3. Definition of Terms. government agency duly licensed, and accredited by the
(a) "Child" is a person below eighteen years of Department to provide comprehensive child welfare
age. services, including but not limited to, receiving
(b) "Department" refers to the Department of applications for adoption or foster care, evaluating the
Social Welfare and Development. prospective adoptive or foster parents and preparing the
(c) "Dependent child" is one who is without a home study report.
parent, guardian or custodian, or one whose parents, (q) "Child-caring agency" refers to a private non-
guardian or other custodian for good cause desires to be profit or charitable institution or government agency
relieved of his care and custody, and is dependent upon duly licensed and accredited by the Department that
the public for support. provides twenty-four hour residential care services for
(d) "Abandoned child" is one who has no proper abandoned, orphaned, neglected, involuntarily or
parental care or guardianship, or whose parents or voluntarily committed children.
guardian has deserted him for a period of at least six (6) (r) "Guardian ad litem" is a person appointed by
continuous months. the court where the case is pending for a child sought to
(e) "Neglected child" is one whose basic needs be committed to protect his best interests.
have been deliberately unattended to or inadequately (s) "Case Study Report" is a written report of the
attended to, physically or emotionally, by his parents or result of an investigation conducted by a social worker
guardian. as to the socio-cultural, economic and legal status or
(f) "Physical neglect" occurs when the child is condition of the child sought to be committed. It shall
malnourished, ill-clad and without proper shelter. include among others his developmental age,
(g) "Emotional neglect" occurs when a child is educational attainment, family and social relationships,
raped, seduced, maltreated, exploited, overworked or the quality of his peer group, his family's strengths and
made to work under conditions not conducive to good weaknesses and parental control over him. The report is
health; made to beg in the streets or public places, or submitted to the Family Court to aid it in its. evaluation
when placed in moral danger, or exposed to drugs, of whether the child ought to be committed to the care
alcohol, gambling, prostitution and other vices. of the Department or any duly licensed child-placement
or child-caring agency or individual.
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After one month from the date temporary custody after taking into consideration the best interests
of the child was given to another suitable person, the and the welfare of the child, shall issue a
agency or individual shall submit to the court a verified resolution terminating the parental authority of
report on whether the temporary custody of the child the person, agency or institution to whom the
has promoted his best interests. child was committed by judicial order and
(n) Change of Custody. If the child is restoring parental authority to the movant.
committed to the Department, it shall have the authority q) Jurisdiction for Prosecution of Punishable Acts.
to change the custody of a child it had placed with any The Family Court which granted the involuntary
duly licensed child-placement or child-caring agency or commitment shall have jurisdiction over the prosecution
individual if it appears that such change is for the best of a child who left without prior permission from the
interests of the child. The Department shall notify the person or institution to which he has been judicially
court of any change in custody of the child. committed or the person under whose custody he has
When conflicting interests arise among child- been judicially committed in accordance with Subsection
placement or child-caring agencies, the court which (m) of Section 4 of this Rule. It shall likewise have
granted the involuntary commitment of the child, upon jurisdiction over the person who induced the child to
motion of the Department or any of the agencies leave such person or institution, except in case of actual
concerned, shall order the change of commitment of the or imminent grave physical or moral danger to the child.
child. The Family Court which granted the involuntary
(o) Removal of Custody. A motion to remove commitment shall also have jurisdiction over the
custody of a child may be filed by an authorized prosecution of parents or guardians of the child who
representative of the Department with knowledge of the may be held liable under Articles 59 and 60 of P.D. No.
facts against a child-placement or child-caring agency or 603 and Sections 9, 10 and 31 of R.A. No. 7610.
individual to whose custody a child has been committed
by the court on the ground of neglect of such child as SECTION 5. Voluntary Commitment of a Child
defined in Section 3 (e) of this Rule. The court shall set to an Institution or Individual. The parent or
the motion for hearing with notice to the public guardian of a dependent, abandoned or neglected child
prosecutor and the court-designated social worker. If may voluntarily commit him to the Department or any
the court finds after hearing that the allegations of the duly licensed child-placement or child-caring agency or
motion have been established and that it is for the best individual subject to the rules of the Department.
interests and welfare of the child, the court shall issue However, no child shall be committed unless he is
an order removing him from the custody of the person surrendered in writing by his parents or guardian stating
or agency, as the case may be, and committing him to such voluntary commitment and specifically naming the
the custody of another duly licensed child-placement or office, agency, or individual to whose custody the child
child-caring agency or individual. is to be committed. Such written instrument should be
In the same proceeding, the court may suspend or notarized and signed in the presence of an authorized
revoke the license of the agency or individual found representative of the Department after counseling and
guilty of such neglect depending upon the gravity or other services have been made available to encourage
frequency of the offense. the child's parents to keep the child.
(p) Restoration of Parental Authority After (a) Petition for removal of Custody.
Involuntary Commitment. (i) Who may file; Ground. The parents
(i) Who may file; Ground. The parents or guardian who voluntarily committed the child, or
or guardian of a child committed to the care of a in their absence or failure, any person with
person, agency or institution by judicial order knowledge of the facts, may file a verified petition
may file a verified motion for the restoration of to remove custody of the child against the child-
his rights over the child with the court which placement or child-caring agency or individual to
granted the involuntary commitment on the whose custody the child has been voluntarily
ground that he is now able to take proper care committed on the ground of neglect of such child as
and custody of said child, provided, however, defined in Section 3 (e) of this Rule. A child may
that the child has not yet been adopted. also be removed from the custody of the child-
HDATSI placement or child-caring agency or individual on
(ii) Notice of Hearing. The court shall the ground that the voluntary commitment of the
fix the time and date for the hearing of the child was unjustified.
motion, which shall not be earlier than thirty (30) (ii) Venue. The petition shall be filed
days nor later than sixty (60) days from the date with the Family Court of the province or city where
of the filing of said motion and cause notice of the child-placement or child-caring agency to which
the hearing to be sent to the person, agency or the child has been voluntarily committed is located
institution to which the child has been or where the child may be found.
committed, the public prosecutor and the court- (iii) Contents of Verified Petition The
designated social worker, at least five (5) days petition must state:
before the date of hearing. (1) The name and address of the child-
(iii) Hearing. At the hearing, any placement or child-caring agency or individual
person may be allowed to intervene at the to whose custody the child has been voluntarily
discretion of the court to contest the right to the committed; SEIDAC
relief demanded. Witnesses may be called and (2) The facts showing that the child has
examined by the parties or by the court motu been neglected by the agency or in cases
proprio. where the voluntary commitment was
(iv) Resolution. If it is found that the unjustified, that the parents of the child are
cause for the commitment of the child no longer actually capable of taking care and custody of
exists and that the movant is already able to take the child;
proper care and custody of the child, the court,
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(3) The name, address and written arranged for the disabled child when his welfare and
consent of the duly licensed child-placement or interests are at stake. AEHTIC
child-caring agency or individual to whose care (b) Venue. The petition for commitment of a
the child may be transferred. disabled child shall be filed with the Family Court of the
(4) The facts showing that petitioner has place where the parent or guardian resides or where the
exhausted the administrative remedies child is found.
available to him. (c) Contents of Verified Petition. The petition for
(iv) Notice of Hearing. If the petition is commitment must state the following:
sufficient in form and substance, the court shall set (1) The facts showing that the child
the same for hearing with notice to the appears to be mentally retarded, physically
Department, the public prosecutor, the court- handicapped, emotionally disturbed, mentally ill,
designated social worker, the agency or individual with cerebral palsy or with similar afflictions and
to whom the child has been committed and in needs institutional care; IADCES
appropriate cases, the parents of the child. (2) The name of the parents and their
(v) Judgment. If after hearing the residence, if known, or if the child has no living
court finds that the allegations of the petition have parent, the name and residence of the guardian, if
been established and that it is for the best interests any; and
and welfare of the child, it shall issue an order (3) The fact that the parents or guardian
removing the child from the custody of the person or any duly licensed disabled child-placement or
or agency concerned, and committing him to the child-caring agency, as the case may be, has
custody of another duly licensed child-placement or opposed the commitment of such child;
child-caring agency or individual. (4) The name and written conformity of
The court, in the same proceeding may, after the institution where the child is to be committed.
hearing the comment or recommendation of the (5) An estimate of the costs and other
Department, suspend or revoke the license of the expenses of maintaining the child in the institution.
agency or individual found guilty of such neglect The verified petition shall be sufficient if based
depending upon the gravity or frequency of the offense. upon the personal knowledge of the petitioner.
(b) Restoration of Parental Authority After (d) Order of Hearing; Notice. If the petition filed
Voluntary Commitment. The restoration of rights of is sufficient in form and substance, the court, by an
the parent or guardian over the child who has been order reciting the purpose of the petition, shall fix the
voluntarily committed shall be governed by the rules of date of the hearing thereof, and a copy of such order
the Department, provided, however, that the petition for shall be served on the child alleged to be mentally
restoration is filed within six (6) months from the date of retarded, physically handicapped, emotionally disturbed,
voluntary commitment. In case the Department refuses mentally ill, with cerebral palsy or with similar afflictions
to grant legal custody and parental authority to the and on the person having charge of him or any of his
parent or guardian over the child who has been relatives residing in the province or city as the court
voluntarily committed to an agency or individual, the may deem proper.
parent or guardian may file a petition in court for The order shall also direct the sheriff or any other
restoration of parental authority in accordance with officer of the court to produce, if necessary, the alleged
Section 4 (p) of this Rule. disabled child on the date of the hearing.
(c) Jurisdiction for Prosecution of Punishable Acts. (e) Hearing and Judgment. If the court finds
The Family Court of the place where the child may be that the allegations of the petition have been established
found or where the duly licensed child-placement or and that institutional care of the child is for his best
child-caring agency or individual is located shall have interests or the public welfare and that his parents, or
jurisdiction over the prosecution of a child who left guardian or relatives are unable for any reason
without prior permission from the person or institution whatsoever to take proper care of him, the court shall
to which he has been voluntarily committed. It shall order his commitment to the proper institution for
likewise have jurisdiction over the person who induced disabled children. The court shall likewise make proper
the child to leave such person or institution, except in provisions for the custody of the property or money
case of grave actual or imminent physical or moral belonging to the committed child.
danger, to the child. The same Family Court shall also The expense of maintaining a disabled child in the
have jurisdiction over the prosecution of parents or institution to which he has been committed shall be
guardians of the child who may be held liable under borne primarily by the parents or guardian and
Articles 59 and 60 of P.D. No. 603 and Sections 9, 10 secondarily, by such disabled child, if he has property of
and 31 of R.A. No. 7610. his own.
In all cases where the expenses for the
SECTION 6. Petition for Commitment of a maintenance of the disabled child cannot be paid in
Disabled Child. accordance with the immediately preceding paragraph,
(a) Who may file. Where a child appears to be the Department shall bear the expenses, or such part
mentally retarded, physically handicapped, emotionally thereof as may remain unpaid.
disturbed, mentally ill, with cerebral palsy or with similar The court shall furnish the institution to which the
afflictions and needs institutional care but his parents or child has been committed with a copy of its judgment,
guardians are opposed thereto, the Department, or any together with all the reports and other data pertinent to
duly licensed child-placement or child-caring agency or the case.
individual may file a verified petition for commitment of (f) Discharge of Judicially Committed Disabled
the said child to any reputable institution providing care, Child. Upon motion of the parent, guardian or
training and rehabilitation for disabled children. institution to which the child has been judicially
The parents or guardian of the child may file a committed under this rule, the court, after hearing, shall
similar petition in case no immediate placement can be order the discharge of such child if it is established and
certified by the Department that:
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(1) He is no longer a danger to himself e) To provide for the care, protection and
and the community; wholesome moral, mental, and physical development of
(2) He has been sufficiently rehabilitated, juveniles in conflict with the law.
from his physical handicap or if of working age, is SECTION 3. Interpretation. This Rule shall be
already fit to engage in gainful occupation; or interpreted liberally to promote the best interests of the
(3) He has been sufficiently relieved of child in conformity with Philippine laws and the United
his psychological, mental and emotional problems Nations' Convention on the Rights of the Child.
and is ready to assume normal social relations. SECTION 4. Definitions. As used in this Rule,
(a) To be in conflict with the law means being
SECTION 7. Effectivity. This rule shall take charged with the commission of an act defined and
effect on April 15, 2002 after its publication in a punished as a crime or offense under the law, including
newspaper of general circulation not later than March violations of traffic laws, rules and regulations, and
15, 2002. ordinances of local government units.
(b) Serious offense refers to any offense not
[A.M. No. 02-1-18-SC. February 28, 2002.] covered by Section 1, par. B, Criminal Cases, of the Rule
RE: PROPOSED RULE ON JUVENILES IN CONFLICT on Summary Procedure, to wit: (1) violations of traffic
WITH THE LAW laws, rules and regulations; (2) violations of the rental
RESOLUTION law; (3) violations of municipal or city ordinances; (4) all
Acting on the letter of the Chairman of the other offenses punished with imprisonment not
Committee on Revision of the Rules of Court submitting exceeding six months, or a fine not exceeding one
for this Court's consideration and approval the Proposed thousand pesos (P1,000.00), or both, irrespective of
Rule on Juveniles In Conflict With The Law, the Court other imposable penalties, accessory or otherwise, or of
Resolved to APPROVE the same. the civil liability arising therefrom; provided, however,
The Rule shall take effect on April 15, 2002 that in offenses involving damage to property through
following its publication in a newspaper of general criminal negligence, the imposable fine is not in excess
circulation not later than March 15, 2002. of ten thousand pesos (P10,000.00).
February 28, 2002. (c) Youth detention center refers to a government-
owned or operated agency providing habilitating and
SECTION 1. Applicability of the Rule. rehabilitative facilities where a juvenile in conflict with
This Rule shall apply to all criminal cases involving the law may be physically restricted pending court
juveniles in conflict with the law. disposition of the charge against him.
A juvenile in conflict with the law is a person who at the (d) Intake report is a preliminary written report
time of the commission of the offense is below eighteen containing the personal and other circumstances of the
(18) years of age but not less than nine (9) years of juvenile in conflict with the law and prepared by the
age. social worker assigned by the Department of Social
This Rule shall not apply to an accused who at Welfare and Development (DSWD) or local government
the time of initial contact as defined in Section 4(p) of unit to assist him as soon as he enters the justice
this Rule, or at any time thereafter, shall have reached system.
the age of eighteen (18), in which case the regular rules (e) Case study report is a written report of the
on criminal procedure shall apply without prejudice to result of an investigation conducted by the social worker
the rights granted under Sections 36, 37, 38 and 39 of designated by the Family Court on the social, cultural,
this Rule. (n) economic and legal status or condition of the juvenile in
SECTION 2. Objective. The objective conflict with the law. It includes, among others, his
of this Rule is to ensure that the justice system treats developmental age; educational attainment; family and
every juvenile in conflict with the law in a manner that social relationships; the quality of his peer group; the
recognizes and upholds his human dignity and worth, strengths and weaknesses of his family; parental control
and instills in him respect for the fundamental rights and over him; his attitude toward the offense; the harm or
freedoms of others. The Rule considers his damage done to others resulting from the offense; his
developmental age and the desirability of his record of prior offenses, if any; and the attitude of his
reintegration into and assumption of a constructive role parents towards his responsibility for the offense.
in society in accordance with the principle of restorative (f) Diversion refers to an alternative child-
justice. appropriate process of determining the responsibility
To attain this objective, the Rule seeks: and treatment of a juvenile in conflict with the law on
a) To provide a procedure in the adjudication of the basis of his social, cultural, economic, psychological
juveniles in conflict with the law that takes into account or educational background without resorting to formal
their distinct circumstances and assures the parties of a court adjudication.
fair hearing with their constitutional and statutory rights (g) Diversion programs refer to programs that the
recognized and respected; juvenile in conflict with the law is required to undergo in
b) To divert from the justice system juveniles who lieu of formal court proceedings,
can be cared for or placed under community-based (h) Disposition conference is a meeting held by the
alternative programs of treatment, training and court with the social worker who prepared the case
rehabilitation in conformity with the principle of study report together with the juvenile in conflict with
restorative justice; the law and his parents or guardian ad litem, for the
c) To deal with the juvenile in a family purpose of determining the disposition measures
environment whenever possible, separate him from his appropriate to the personal and peculiar circumstances
parents only when necessary for his welfare or in the of the juvenile.
interest of public safety; (i) Recognizance is an undertaking in lieu of a
d) To remove from juveniles in conflict with the bond assumed by a parent or custodian who shall be
law the stigma of criminality and the consequences of responsible for the appearance in court by the juvenile
criminal behavior; and in conflict with the law when required.
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(b) His fingerprints and photographs shall be released on recognizance to the custody of their parents
removed from the files and destroyed: (1) if the case or other suitable person who shall be responsible for the
against him is not filed, or is dismissed; or (2) when the juveniles' appearance in court whenever required.
juvenile reaches twenty one (21) years of age and there
is no record that he committed an offense after reaching SECTION 16.When Bail a Matter of Right. All
eighteen (18) years of age. juveniles in conflict with the law shall be admitted to bail
as a matter of right before final conviction of an offense
SECTION 10.Intake Report by the Social not punishable by death, reclusion perpetua or life
Welfare Officer. Upon the taking into custody of a imprisonment.
juvenile in conflict with the law, the social welfare officer In the event the juvenile cannot post bail for lack of
assigned to him by the DSWD shall immediately under financial resources, the Family Court shall commit the
take a preliminary background investigation of the juvenile pursuant to Section 18 of this Rule.
juvenile and submit, prior to arraignment of the However, where the juvenile does not pose a threat
juvenile, a report on his findings to the Family Court in to public safety, the Family Court may, motu proprio or
which the case may be filed. upon motion and recommendation of the DSWD, release
the juvenile on recognizance to the custody of his
SECTION 11.Filing of Criminal Action. A parents or other responsible person.
criminal action may be instituted against a juvenile in
conflict with the law by filing a complaint with the SECTION 17.When Bail Not A Matter of Right.
prosecutor or the municipal trial court in cases where a No juvenile charged with an offense punishable by
preliminary investigation is required. In Manila and other death, reclusion perpetua or life imprisonment shall be
chartered cities, if their charters so provide, the admitted to bail when evidence of guilt is strong.
complaint shall be filed with the Office of the Prosecutor.
It may also be filed directly with the Family Court if no SECTION 18.Care of Juveniles in Conflict with
preliminary investigation is required under Section 1 of the Law. The juvenile charged with having
Rule 112 of the Revised Rules of Criminal Procedure. committed a delinquent act, held for trial or while the
All criminal actions commenced by complaint or case is pending appeal, if unable to furnish bail or is
information shall be prosecuted under the direction and denied bail, shall, from the time of his being taken into
control of the public prosecutor assigned to the Family custody, be committed by the Family Court to the care
Court. of the DSWD, a youth detention center, or a local
rehabilitation center recognized by the government in
SECTION 12.Prosecution of Civil Action. the province, city or municipality within the jurisdiction
When a criminal action is instituted against a juvenile in of the said court. The center or agency concerned shall
conflict with the law, the action for recovery of civil be responsible for the juvenile's appearance in court
liability arising from the offense charged shall be whenever required. In the absence of any such center or
governed by Rule 111 of the Revised Rules of Criminal agency within a reasonable distance from the venue of
Procedure. the trial, the juvenile shall be detained in the provincial,
city or municipal jail which shall provide adequate
SECTION 13.Preliminary Investigation. As quarters for the juvenile separate from adult detainees
far as consistent with this Rule, the preliminary and detainees of the opposite sex.
investigation of a juvenile in conflict with the law shall
be governed by Section 3 of Rule 112 of the Revised SECTION 19.Case Study Report. After the
Rules of Criminal Procedure. If clarificatory questions institution of the criminal action, the social worker of the
become necessary, the Rule on Examination of a Child Family Court shall immediately undertake a case study
Witness shall apply. of the juvenile and his family, his environment and such
If a preliminary investigation is required before the other matters relevant to the proper disposition of the
filing of a complaint or information, the same shall be case. His report shall be submitted within the period
conducted by the judge of the Municipal Trial Court or fixed by the Family Court, preferably before
the public prosecutor in accordance with the pertinent arraignment, to aid it in the proper disposition of the
provisions of Rule 112 of the Revised Rules of Criminal case.
Procedure.
If the investigating prosecutor finds probable cause SECTION 20.Diversion Proceedings Before
to hold the juvenile for trial, he shall prepare the Arraignment. Where the maximum penalty imposed
corresponding resolution and information for approval by by law for the offense with which the juvenile in conflict
the provincial or city prosecutor, as the case may be. with the law is charged is imprisonment of not more
The juvenile, his parents/nearest relative/guardian and than six (6) months, regardless of fine or fine alone
his counsel shall be furnished forthwith a copy of the regardless of amount, and the corresponding complaint
approved resolution. or information is filed with the Family Court, the case
shall not be set for arraignment; instead, it shall
SECTION 14.Venue. Subject to the provisions forthwith be referred to the Diversion Committee which
of Section 15, Rule 110 of the Revised Rules of Criminal shall determine whether the juvenile can be diverted
Procedure, any criminal or civil action involving a and referred to alternative measures or services offered
juvenile in conflict with the law shall be instituted and by non-court institutions. Pending determination by the
tried in the Family Court of or nearest the place where Committee, the court shall deliver the juvenile on
the offense was committed or where any of its essential recognizance to the custody of his parents or legal
elements occurred. guardian who shall be responsible for the presence of
the juvenile during the diversion proceedings.
SECTION 15.Recognizance. Before final
conviction, all juveniles charged with offenses falling SECTION 21.Diversion Committee. In each
under the Revised Rule on Summary Procedure shall be Family Court, there shall be a Diversion Committee to be
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composed of its branch clerk of court as chairperson, under the supervision and control of the Family Court,
and the prosecutor, a lawyer of the Public Attorney's shall contain the following terms and conditions:
Office and the social worker assigned to the said Family a) The juvenile shall present himself to the social
Court as members. worker of the Family Court that approved the diversion
The chairperson of the Committee shall call for a program at least once a month for evaluation of its
conference with notice to the juvenile, his parents/legal effectiveness. Whenever the juvenile is permitted to
guardian and his counsel, and the private complainant reside in a place under the jurisdiction of another Family
and his counsel, and recommend to the Family Court Court, control and supervision over him shall be
whether the juvenile should be diverted to a diversion transferred to the Family Court of that place, and in
program or undergo formal court proceedings. In such case, a copy of the undertaking, the intake and
making its recommendation, the Committee shall case study reports and other pertinent records shall be
consider the following factors: furnished the said court. Thereafter, the Family Court to
a) The record of the juvenile on his conflict with which jurisdiction over the juvenile is transferred shall
the law; have the power with respect to the latter that was
b) Whether the imposable maximum penalty of previously possessed by the Family Court that approved
the offense is more than six (6) months, regardless of the diversion and such other conditions as the
fine; or only a fine, regardless of amount; Committee may deem just and proper under the
c) Whether the juvenile is an obvious threat to circumstances.
himself and/or the community; b) The juvenile shall faithfully comply with the
d) Whether the juvenile is unrepentant; terms and conditions in the undertaking. His non-
e) Whether the juvenile or his parents are compliance shall be referred by the Committee to the
indifferent or hostile; and Family Court where the case has been transferred for a
Whether the juvenile's relationships with his peers show-cause hearing with notice to the juvenile and
increase the possibility of delinquent behavior. private complainant. The court shall determine whether
If the Committee recommends diversion, it shall the juvenile should continue with the diversion program
submit the diversion program for the juvenile for the or his case returned to the original court for formal
consideration and approval of the court. proceedings.
The Committee cannot recommend diversion should The Family Court shall exert its best efforts to
the juvenile or the private complainant object thereto. If secure satisfaction of the civil liability of the juvenile and
no diversion program is recommended, the court shall his parents or guardian. However, inability to pay the
include the case in its calendar for formal proceedings. said liability shall not by itself be a ground to discontinue
Consent to diversion by the juvenile or payment by the diversion program of the juvenile.
him of civil indemnity shall not in any way be construed
as admission of guilt and used as evidence against him SECTION 25.Closure Order. The juvenile
in the event that his case is included in the court subject of diversion proceedings shall be visited
calendar for formal proceedings. periodically by the Family Court social worker who shall
submit to the Committee his reports thereon. At any
SECTION 22.Diversion Programs. The time before or at the end of the diversion period, a
diversion program designed by the Committee shall be report recommending closure or extension of diversion,
distinct to each juvenile in conflict with the law limited as the case may be, shall be filed by the Committee with
for a specific period. It may include any or a the Family Court. The report and recommendation shall
combination of the following: be heard by the Family Court within fifteen (15) days
a) Written or oral reprimand or citation; from its receipt thereof, with notice to the members of
b) Return of property; the Committee, the juvenile and his parents or legal
c) Payment of the damage caused; guardian and counsel and the complainant to determine
d) Written or oral apology; whether the undertaking has been fully and satisfactorily
e) Guidance and supervision orders; complied with. If the juvenile has complied with his
f) Counseling for the juvenile and his family; undertaking, the Family Court shall issue the
g) Training, seminars and lectures on (i) anger corresponding closure order terminating the diversion
management skills; (ii) problem-solving and/or conflict program. It may, however, extend the period of
resolution skills; (iii) values formation; and (iv) other diversion to give the juvenile a further chance to be
skills that will aid the juvenile to properly deal with rehabilitated. In the event the court finds that the
situations that can lead to a repetition of the offense; diversion program will no longer serve its. purpose, it
h) Participation in available community-based shall include the case of the juvenile in its calendar for
programs; formal proceedings.
i) Institutional care and custody; or j) Work-
detail program in the community. SECTION 26. Duty of the Family Court to
Protect the Rights of the Juvenile. In all criminal
SECTION 23.Hearing of Diversion Program. proceedings in the Family Court, the judge shall ensure
The Family Court shall set the recommendation and the protection of the following rights of the juvenile in
diversion program for hearing within ten (10) days from conflict with the law:
receipt thereof. a) To be presumed innocent until the contrary is
proved beyond reasonable doubt;
SECTION 24.Undertaking. In all cases where a b) To be informed promptly and directly of the
juvenile in conflict with the law is given the benefit of a nature and cause of the charge against him, and if
diversion program, an undertaking describing the appropriate, through his parents or legal guardian;
program shall be signed by him, his parents or legal c) To be present at every stage of the
guardian and the complainant, and approved by the proceedings, from arraignment to promulgation of
Family Court. The program, which shall be enforced judgment. The juvenile may, however, waive his
presence at the trial pursuant to the stipulations set
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respect to the juvenile's social or economic status, Concepcion arrived and fired his rifle twice or thrice past
physical disability or ethnic origin. the ears of Galang, who was then sitting, but without
injuring him. After that, however, Concepcion thrust the
SECTION 40.Contempt Powers. A person who barrel of the gun against the abdomen of Galang. Then
directly or indirectly disobeys any order of the Family there was an explosion. Galang was shot in the thigh. At
Court or obstructs or interferes with its proceedings or least 3 more shots were fired, hitting him in the chest.
the enforcement of its orders issued under this Rule Lorenzo died instantly. In his defense Concepcion
shall be liable for contempt of court. claimed that the shooting was only accidental.
Held: There was no accident. By Concepcions
SECTION 41.Effectivity. This rule shall take own testimony, the victim was unarmed. In contrast, he
effect on April 15, 2002 after its publication in a had an armalite and a handgun. It is highly
newspaper of general circulation not later than March inconceivable that an unarmed man could pose bodily
15, 2002. harm to another who is heavily armed. Concepcions gun
discharged several shots that hit vital parts of the
Par. 4. ANY PERSON WHO, WHILE PERFORMING victim's body. As observed by the trial court, recklessly
A LAWFUL ACT WITH DUE CARE, CAUSES AN appellant had put his finger on the trigger of his cocked
INJURY BY MERE ACCIDENT WITHOUT FAULT OR and loaded rifle. In that state, with the slightest
INTENTION OF CAUSING IT. movement of his finger, the rifle would fire readily. And
it did not just once but several fires. Concepcion is
ELEMENTS: guilty of homicide.
1. A person
performing a lawful act; People v. Agliday
2. With due care; 367 SCRA 273 (2001)
3. He causes an Facts: The wife of the accused was washing
injury to another by mere accident; dishes in the kitchen when her son was shot with a
4. Without fault or shotgun by her husband. Conchita claimed that she and
intention of causing it. her husband quarreled before the incident and then her
husband left the kitchen got his shotgun and went back
Striking another with a gun in self-defense, even if it to the kitchen to shoot his son.
fired and seriously injured the assailant is a lawful act. Accused claimed that it was only an accident.
He was merely cleaning his gun and the gun accidentally
ACCIDENT something that happens outside the sway went off and his sons buttock was hit.
of our will and although it comes about through some Held: The exemption from criminal liability
act of our will, lies beyond the bounds of humanly under the circumstance showing accident is based on
foreseeable consequences. the lack of criminal intent. In the case at bar, accused
- If the consequences are plainly foreseeable, got his shotgun and returned to the kitchen to shoot his
it will be a case of negligence. son who had intervened in the quarrel between the
US v. Tanedo former and his wife. There was clear intent to fire and
15 Phil 196 (1910) not mere accident.
Facts: The accused, while hunting, saw wild
chickens and fired a shot. The slug, after hitting a wild Nieva v. People
chicken, recoiled and struck the tenant who was a G.R. No. 188751, (2016)
relative of the accused. The man who was injured died. Petitioner Nieva cannot invoke the exempting
Held: If life is taken by misfortune or accident circumstance of accident to free him from criminal
while the actor is in the performance of a lawful act liability. Article 12 (4), Book I of the Revised Penal Code
executed with due care and without intention of doing states that any person who, while performing a lawful
harm, there is no criminal liability. act with due care, causes an injury by mere accident
without fault or intention of causing it shall be exempt
People v. Bindoy from criminal liability. The basis for exemption under
56 Phil 15(1931) said provision is the complete absence of negligence and
Facts: The accused, while in a drinking session, intent. The accused commits a crime but there is no
offered some tuba to Pacas wife but she refused so the criminal liability. An accident is a fortuitous
accused threatened to injure her if she didnt accept. circumstance, event or happening; an event happening
Pacas stepped in to defend his wife, attempting to take wholly or partly through human agency, an event which
away from the accused the bolo he carried. In the under the circumstances is unusual or unexpected by
course of the struggle, accused succeeded in the person to whom it happens. It is an affirmative
disengaging himself from Pacas, wrenching the bolo defense which the accused is burdened to prove by clear
from the latters hand towards the left behind the and convincing evidence.
accused, with such violence that the point of the bolo
reached Emigdios chest who was then behind the To successfully claim the defense of accident,
accused. the accused must show that the following circumstances
Held: The accused, in his effort to free himself are present: (1) a person is performing a lawful act; (2)
hit Emigdio in the chest. There is no evidence that this with due care; (3) he causes an injury to another by
was done deliberately. It is merely accidental. mere accident; and (4) he had no fault in or intention of
causing the injury.
People v. Concepcion
386 SCRA 74(2002)
Facts: Galang got involved in a quarrel at the Par 5. ANY PERSON WHO ACTS UNDER THE
town plaza. He was brought to the barangay hall for COMPULSION OF AN IRRESISTIBLE FORCE.
questioning by Brgy Captain Capitli. Shortly after,
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may be deemed proper, in view of the number and TO JUSTIFY OR TO EXEMPT FROM CRIMINAL
nature of the conditions of exemption present or lacking. LIABILITY IN THE RESPECTIVE CASES ARE NOT
ATTENDANT.
Privileged mitigating circumstances which are
applicable only to particular crimes: The circumstances of justification or exemption
1. Art. 268, par. 3. Voluntary release of the which may give place to mitigation, because not all the
person illegally detained within 3 days without the requisites necessary to justify the act or to exempt from
offender attaining his purpose and before the institution criminal liability in the respective cases are attendant,
of criminal action. The penalty is one degree lower. are the ff: (see Article 69)
2. Art. 333, par. 3. Abandonment without 1. Self-defense
justification of the spouse who committed adultery. The 2. Defense of Relatives
penalty is one degree lower. 3. Defense of Strangers
4. State of necessity
5. Performance of duty
ORDINARY MC PRIVILEDGED MC 6. Obedience to order of superior
Susceptible of being offset Cannot be offset by 7. Minority over 15 and under 18 years of
by any aggravating aggravating circumstance age
circumstance 8. Causing injury by mere accident
If not offset by The effect of imposing 9. Uncontrollable fear
aggravating circumstance, upon the offender the
produces the effect of penalty lower by one or INCOMPLETE JUSTIFYING CIRCUMSTANCE
applying the penalty two degrees than that
provided by law for the provided by law for the 1. Incomplete self-defense, defense of
crime in its min period in crime. relatives, defense of stranger
case of divisible penalty
In these 3 classes of defense, UNLAWFUL
NOTE: Mitigating circumstances only reduce the AGGRESSION must always be present. It is an
penalty but do not change the nature of the crime. indispensable requisite.
Par. 1 of Art. 13 is applicable only when unlawful
Art. 13. Mitigating circumstances. The following aggression is present but the other 2 requisites are not
are mitigating circumstances; present in any of the cases referred to in circumstances
1. Those mentioned in the preceding chapter, number 1, 2 and 3 or Art. 11.
when all the requisites necessary to justify or to exempt Ex. When the one making defense against unlawful
from criminal liability in the respective cases are not aggression used unreasonable means to prevent or repel
attendant. it, he is entitled to a privileged mitigating circumstance.
2. That the offender is under eighteen year of
age or over seventy years. In the case of the minor, he 2. Incomplete justifying circumstance of
shall be proceeded against in accordance with the avoidance of greater evil or injury.
provisions of Art. 80.
3. That the offender had no intention to REQUISITES under par. 4 of Art. 11:
commit so grave a wrong as that committed. a. That the evil sought to be avoided
4. That sufficient provocation or threat on the actually exists;
part of the offended party immediately preceded the act. b. That the injury feared be greater
5. That the act was committed in the than that done to avoid it;
immediate vindication of a grave offense to the one c. That there be no other practical and
committing the felony (delito), his spouse, ascendants, less harmful means of preventing it.
or relatives by affinity within the same degrees.
6. That of having acted upon an impulse so Avoidance of greater evil or injury is a justifying
powerful as naturally to have produced passion or circumstance if all the three requisites mentioned in par.
obfuscation. 4 of Art. 11 are present. But if any of the last two
7. That the offender had voluntarily requisites are lacking, there is only a mitigating
surrendered himself to a person in authority or his circumstance.
agents, or that he had voluntarily confessed his guilt
before the court prior to the presentation of the 3. Incomplete justifying circumstance of
evidence for the prosecution; performance of duty.
8. That the offender is deaf and dumb, blind or
otherwise suffering some physical defect which thus REQUISITES under par. 5 of Art. 11:
restricts his means of action, defense, or a. That the accused acted in the
communications with his fellow beings. performance of a duty or in the lawful
9. Such illness of the offender as would exercise of a right or office; and
diminish the exercise of the will-power of the offender b. That the injury caused or offense
without however depriving him of the consciousness of committed be the necessary consequence
his acts. of the due performance of such duty or
10. And, finally, any other circumstances of a the lawful exercise of such right or office.
similar nature and analogous to those above mentioned.
In People v. Oanis, the SC considered one of
the 2 requisites as constituting the majority. It seems
that there is no ordinary mitigating circumstance under
Par. 1- THOSE MENTIONED IN THE PRECEDING Art. 13 par. 1 when the justifying or exempting
CHAPTER, WHEN ALL THE REQUISITES NECESSARY circumstance has 2 requisites only.
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People v. Amit
LEGAL EFFECTS OF VARIOUS AGES OF OFFENDER: 32 SCRA 95(1970)
1. Minor delinquent under 18 years of age, the Facts: Amit pleads guilty to rape with homicide
sentence may be suspended. (Art. 192, PD No. and sentenced to death. Amit appeals claiming that
603 as amended by PD 1179) there are 3 mitigating circumstances including lack of
2. Under 18 years of age, privileged mitigating intention to commit so grave a wrong.
circumstance (Art. 68) Held: A great disproportion between means
3. 18 years or over, full criminal responsibility. employed to accomplish the criminal act on the one
hand, and its consequences on the other, must first be
shown. Otherwise, the mitigating circumstance could
Par. 3 THAT THE OFFENDER HAD NO INTENTION not be considered.
TO COMMIT SO GRAVE WRONG AS THAT Based on the narration given by the accused
COMMITTED. where he said that he held victims neck down as he
boxed her in the face, and considering moreover that
This circumstance can be taken into account the victim was 57 years old while the accused was only
only when the facts proven show that there is a notable 32, the court held that the means employed by the
and evident disproportion between the means accused was sufficient to have caused the death of the
employed to execute the criminal act and its victim.
consequences. Death penalty should be imposed. It is a single
The intention, as an internal act, is judged indivisible penalty applied regardless of mitigating
not only by the proportion of the means employed by circumstance, especially when records of the present
him to the evil produced by his act, but also by the fact case evince the aggravating circumstances of nighttime
that the blow was or was not aimed at a vital part of and abuse of superior strength.
the body.
Intention must be judged by considering the People v. Regato
weapon used, the injury inflicted and the attitude of the 127 SCRA 287 (1984)
mind when the accused attacked the deceased. Facts: Regato, Ramirez and Salceda robbed
This mitigating circumstance is not the store of Victor Flores. Victor was maltreated to force
applicable when the offender employed brute force. him to reveal where their money was. The robbers
Lack of intent to commit so grave a wrong is found the money in a place different from where Victor
not appreciated where the offense committed is revealed to them. Ramirez got mad and called Victor a
characterized by treachery. liar. Victor retorted, you robbers!. With this remark,
In crimes against persons who do not die as Ramirez shot Victor and the three rushed out of the
a result of the assault, the absence of the intent to kill house.
reduces the felony to mere physical injuries, but it does Held: The SC did not find merit in the
not constitute a mitigating circumstance under Art. 13 contention that there was lack of intent to commit so
par 3. grave a wrong as that committed. Intention is a mental
It is not applicable to felonies by negligence process and is an internal state of mind. The intention
because in these kinds of felonies, there is no intent on must be judged by the ACTION, CONDUCT and
the part of the offender which may be considered EXTERNAL ACTS of the accused. What men do is the
diminished. best index of their intention. In the case at bar, the
Par. 3 is only applicable to offense resulting aforesaid mitigating circumstance cannot be
in physical injuries or material harm. It is not applicable appreciated considering that the acts employed by the
to defamation or slander. accused were reasonably sufficient to produce the
result that they actually made the death of the victim.
People v. Ural
56 SCRA 138 (1974) People v. Callet
Facts: Witness Alberto saw policeman Ural 382 SCRA 43 (2002)
inside the jail boxing detention prisoner Napola. As Facts: Alfredo, Lecpoy and Eduardo were
Napola collapsed on the floor, Ural went out to get a beside each other as they watched a cara y cruz game.
bottle. He poured the contents to the dress of Napola Alfredo sat close to the ground, with his buttocks
and set it on fire. Napola got burned and he asked resting on his right foot. Lecpoy and Eduardo sat on a
mercy from Ural. Instead, Ural locked him up and piece of wood and on a stone, respectively. Out of
threatened the witness not to tell anyone or else he will nowhere, the accused, Callet, appeared behind Alfredo
be burned also. When Napola was already suffering and stabbed the latter on the left shoulder near the
much from the burns, Ural became frightened and he base of the neck with a 9-inch hunting knife.
and Siton helped put out the fire. Napola died later Instinctively, Alfredo stood up and managed to walk a
because of the burns. few meters. When he fell on the ground, Lecpoy and
Held: Offender is criminally liable although Eduardo rushed to help him but to no avail. Alfredo died
consequence of his felonious act was not intended by shortly thereafter. Calleto voluntary surrendered. He
him. This is covered by Art. 4 of the RPC. The TC failed claims that his liabiity should be mitigated by the fact
to appreciate the mitigating circumstance that the that he had no intention to commit so grave a wrong.
offender has no intention to commit so grave a wrong Held: The lack of "intent" to commit a wrong
as that committed. It is manifest from the facts that the so grave is an internal state. It is weighed based on the
accused had no intent to kill the victim. His only design weapon used, the part of the body injured, the injury
was only to maltreat him maybe because of his drunken inflicted and the manner it is inflicted. The fact that the
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accused used a 9-inch hunting knife in attacking the Romera ceased harming Roy for fear he might kill him.
victim from behind, without giving him an opportunity
to defend himself, clearly shows that he intended to do
what he actually did, and he must be held responsible
Held: There was sufficient provocation and the
therefor, without the benefit of this mitigating
circumstance of passion or obfuscation attended the
circumstance.
commission of the offense. Thrusting his bolo at
Romera, threatening to kill him, and hacking the
Par. 4. THAT SUFFICIENT PROVOCATION OR bamboo walls of his house are sufficient provocation to
THREAT ON THE PART OF THE OFFENDED PARTY enrage any man, or stir his rage and obfuscate his
IMMEDIATELY PRECEDED THE ACT thinking, more so when the lives of his wife and
children are in danger. Romera stabbed the victim as a
PROVOCATION result of those provocations, and while Romera was still
- Any unjust or improper conduct or act of the in a fit of rage.
offended party, capable of exciting, inciting, or irritating The court however stressed that provocation
anyone. and passion or obfuscation are not 2 separate
REQUISITES: mitigating circumstances. Well-settled is the rule that if
a. That the provocation must be sufficient these 2 circumstances are based on the same facts,
b. That it must originate from the offended they should be treated together as one mitigating
party circumstance. From the facts established in this case, it
c. That the provocation must be immediate is clear that both circumstances arose from the same
to the act, i.e., to the commission of the crime by set of facts aforementioned. Hence, they should not be
the person who is provoked. treated as two separate mitigating circumstances.
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Vindication of a grave offense and passion or Facts: While having a drinking spree in a
obfuscation cannot be counted separately and cottage, Anthony tried to let Dennis Torpio drink gin
independently. and as the latter refused, Anthony bathed Dennis with
gin and mauled him several times. Dennis crawled
US v. Ampar beneath the table and Anthony tried to stab him with a
37 Phil 201 (1917) 29 fan knife but did not hit him. Dennis got up and ran
Facts: A fiesta was in progress and the accused towards their home. Upon reaching home, he got a
Ampar went to the kitchen and asked from Patobo some knife. He went back to the cottage by another route
of the roast pig. Patobo replied, There is no more. and upon arrival Anthony was still there. Upon seeing
Come here and I will make roast pig of you. Later, Dennis, Anthony avoided Dennis and ran by passing the
while Patobo was squatting down, Ampar struck him on shore towards the creek but Dennis met him, blocked
the head with an ax, causing his death the following him and stabbed him. When he was hit, Anthony ran
day. The TC appreciated the mitigating circumstance of but got entangled with a fishing net beside the creek
immediate vindication of a grave offense. and fell on his back. Dennis then mounted on him and
Held: The offense which the defendant was continued stabbing him resulting to the latters death.
endeavoring to vindicate would be to the average person Thereafter, Dennis left and slept at a grassy meadow
considered as a mere trifle. But to this defendant, an old near a Camp. In the morning, he went to Estrera, a
man, it evidently was a serious matter to be made the police officer to whom he voluntarily surrendered.
butt of a joke in the presence of so many guests. The TC Held: The mitigating circumstance of having
was correct. acted in the immediate vindication of a grave offense is
properly appreciated. Dennis was humiliated, mauled
Peope v. Parana and almost stabbed by Anthony. Although the unlawful
64 Phil 331 (1937) aggression had ceased when Dennis stabbed Anthony,
Facts: The preceding night, Parana and Lamay it was nonetheless a grave offense for which Dennis
were at the house of the deceaseds brother playing may be given the benefit of a mitigating circumstance.
cards when the two had an exchange of words so the However, the mitigating circumstance of sufficient
deceased asked them to leave. The accused refused so provocation cannot be considered apart from the
the deceased slapped him and ordered him to leave. circumstance of vindication of a grave offense. These
The morning after, Parana was about to surprise the two circumstances arose from one and the same
deceased and stab him from behind when the chauffeur incident, i.e., the attack on the appellant by Anthony,
shouted to warn the deceased. The deceased, so that they should be considered as only one
defending himself retreated until he fell into a ditch. mitigating circumstance.
The appellant mounted astride of the deceased and
continued to stab him with the dagger. The deceased Par. 6. THAT OF HAVING ACTED UPON AN
was first brought to the hospital but expired 6 days IMPULSE SO POWERFUL AS NATURALLY TO HAVE
after. PRODUCED PASSION OR OBFUSCATION.
Held: The mitigating circumstance that he had
acted in the immediate vindication of a grave offense REQUISITES:
committed against him a few hours before, when he a. The accused acted upon an impulse.
was slapped by the deceased in the presence of many b. The impulse must be so powerful that it
persons, must likewise be taken into consideration. naturally produce passion or obfuscation
Although this offense (slapping) was not so immediate, in him.
the court believes that the influence thereof, by reason
of its gravity and the circumstances under which it was Passion or obfuscation may constitute as a mitigating
inflicted, lasted until the moment the crime was circumstance only when the same arose from LAWFUL
committed. SENTIMENTS. It is not applicable when:
a. The act committed in a spirit of LAWLESSNESS.
People v. Diokno b. the act is committed in a spirit of REVENGE.
63 Phil 601 (1936)
Facts: The deceased and the daughter of The crime committed must be the result of a sudden
accused Epifanio eloped. Epifanio and his son, Roman impulse of natural and uncontrollable fury.
went to look for them. When they were able to find the
deceased, they stabbed him several times until he died. The accused who raped a woman is not entitled to the
Held: The presence of the 5th mitigating mitigating circumstance of having acted upon an
circumstance must be taken into consideration. There impulse so powerful as naturally to have produced
was no interruption from the time the offense was passion just because he finds himself in a secluded
committed to the vindication thereof. The herein place with that young ravishing woman, almost naked
accused belong to a family of old customs to whom the and therefore, liable to succumb to the uncontrollable
elopement of a daughter with a man constitutes a grave passion of his bestial instinct.
offense to their honor and causes disturbance of the
peace of the home. The fact that the accused saw the The mitigating circumstance of obfuscation arising
deceased run upstairs when he became aware of their from jealousy cannot be invoked in favor of the accused
presence, as if he refused to deal with them after whose relationship with the woman was illegitimate.
having gravely offended them, was certainly a stimulus
strong enough to produce in their mind a fit of passion Passion and obfuscation may lawfully arise from
which blinded them and led them to commit that crime. causes existing only in the honest belief of the offender.
People v. Torpio
PASSION OR IRRESISTIBLE FORCE
431 SCRA 9 (2004)
OBFUSCATION
Mitigating circumstance Exempting circumstance
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Cannot give rise to an Note: when the court used the word illicit,
irresistible force because it doesnt mean that it is an illegitimate or
the latter requires physical bigamous relationship. It means that it is
force cohabitation without a valid marriage.
Passion or obfuscation is in Irresistible force must
the offender himself come from a third person People v. Germina
Must arise from lawful The irresistible force is 290 SCRA 146(1998)
sentiments unlawful Facts: One night, the accused went to the
Angeles residence to look for Raymund. He went to
PASSION PROVOCATION verifiy the news that the latter mauled and stabbed the
Produced by an impulse Comes form the injured accuseds mentally retarded brother, Rafael. Raymund
which may be caused by party was not yet at home and the moment he arrived, the
provocation accused spotted him and shot him.
Need not be immediate. It Must immediately precede Held: There is no treachery. Passion cannot co-
is only required that the the commission of the exist with treachery because in passion, the offender
influence thereof lasts crime loses his control and reason while in treachery the
until the moment the means employed are consciously adopted. One who
crime is committed loses his reason and self-control could not deliberately
employ a particular method or form of attack in the
The effect is the loss of reason and self-control on the
execution of the crime. Passion existed in this case
part of the offender.
because it clearly arose from lawful sentiments or
legitimate feelings. The accused committed the crime
People v. Muit
due to the maltreatment inflicted by the victim on his
117 SCRA 696 (1982)
mentally retarded brother.
Facts: Rosario Muit was the Brgy. Zone
President and Torrero was the zone auditor. They used
People v. Gonzalez
to meet frequently because they were having an affair
359 SCRA 352 (2001)
which eventually reached the husband of Rosario,
Facts: Both of the families of Andres and that
Delfin. Delfin shot Torrero 3 times at the front yard of
of Gonzalez were on their way to the exit of the Loyola
the Muits. Delfin surrendered himself and turned in the
Memorial Park. Gonzales was with his grandson and 3
pistol he had used.
housemaids, while Andres was driving with his pregnant
Held: Muit is guilty of murder with mitigating
wife, Feliber, his 2yr old son, Kenneth, his nephew Kevin
circumstances of voluntary surrender and passion and
and his sister-in-law. At an intersection, their two
obsfuscation. The accused was driven strongly by
vehicles almost collided. Gonzales continued driving
jealousy. The feeling of resentment resulting from the
while Andres tailed Gonzales vehicle and cut him off
rivalry in amorous relations with a woman is a powerful
when he found the opportunity to do so, then got out of
stimulant to jealousy and prone to produce anger and
his vehicle and knocked on the appellant's car window.
obfuscation.
Heated exchange of remarks followed. On his way back
to his vehicle, he met Gonzales son, Dino. Andres had a
US v. Hicks
shouting match this time with Dino. Gonzales then
14 Phil 217(1909)
alighted from his car and fired a single shot at the last
Facts: For about 5 years, Hicks and Sola lived
window on the left side of Andres' vehicle at an angle
together as husband and wife when they separated. A
away from Andres. The single bullet fired hit Kenneth,
few days later, Sola contracted new relations with
Kevin and Feliber which caused the latters death.
another negro named Wallace. Hicks went to Wallaces
Held: The mitigating circumstance of passion
house and asked the latter to go out. They talked for
and obfuscation is not obtaining. Andres' act of shouting
awhile and then Hicks shot Wallace
at Gonzales son, who was then a nurse and of legal
Held: Even if it is true that the accused acted
age, is not sufficient to produce passion and obfuscation.
with obfuscation because of jealousy, the mitigating
Dino was shouting back at Andres. It was not a case
circumstance cannot be considered in his favor because
wherein Gonzales son appeared helpless and oppressed
the causes which mitigate criminal responsibility for the
that Gonzales lost his reason and shot at the vehicle of
loss of self-control are such which originate from
Andres. The same holds true for Gonzales claim of
legitimate feelings and not those which arise from
provocation on the part of Andres. Provocation must be
vicious, unworthy and immoral passions. The cause of
sufficient to excite a person to commit the wrong
the passion of the accused was his vexation
committed and that the provocation must be
engendered by the refusal of the woman to continue to
commensurate to the crime committed. The sufficiency
live in illicit relations with him, which she had a perfect
of provocation varies according to the circumstances of
right to do.
the case. The aggressive behavior of Andres towards
Gonzales and his son may be demeaning or humiliating
US v. De la Cruz
but it is not sufficient provocation to shoot at Gonzales
22 Phil 429 (1912)
vehicle.
Facts: The evidence clearly discloses that the
convict, in the heat of passion, killed the deceased, who
People v. Lab-eo
had theretofore been his lover upon discovering her in
373 SCCRA 461 (2002)
flagrante in carnal communication with a mutual
Facts: After being told to go away by the
acquaintance.
victim. Lab-eo left and returned to where the victim
Held: The accused was entitled to the
was selling clothes and then and there stabbed her at
mitigating circumstance of passion or obfuscation
the back with a knife. Thereafter, he surrendered to the
because the impulse was caused by the sudden
Chief of Police. Lab-eo argues for the appreciation of the
revelation that she was untrue to him, and his
discovery of her in flagrante in the arms of another.
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mitigating circumstances of passion and obfuscation, as a. That the offender had not been actually
well as of sufficient provocation, in his favor. arrested.
Held: For a person to be motivated by passion b. That the offender surrendered himself to a
and obfuscation, there must first exist an unlawful act person in authority or to the latters agent.
that would naturally produce an impulse sufficient to c. That the surrender was voluntary.
overcome reason and self-control. There is passional
obfuscation when the crime is committed due to an Merely requesting a policeman to accompany the
uncontrollable burst of passion provoked by prior unjust accused to the police HQ is not equivalent to voluntary
or improper acts, or due to a legitimate stimulus so surrender.
powerful as to overcome reason. In asking Labeo to
leave, the victim did not do anything unlawful. There is Other examples:
an absolute lack of proof that the Lab-eo was utterly a. The warrant of arrest showed that the
humiliated by the victim's utterance. Nor was it shown accused was in fact arrested.
that the victim made that remark in an insulting and b. The accused surrendered only after the
repugnant manner. The victim's utterance was not the warrant of arrest was served.
stimulus required by jurisprudence to be so c. The accused went into hiding and
overwhelming as to overcome reason and self-restraint. surrendered only when they realized that the forces of
the law were closing in on them.
People v. Bates
400 SCRA 95 (2003) Surrender must be SPONTANEOUS. He surrendered 1)
Facts: While Edgar, Simon, and Jose are along because he acknowledges his guilty or 2) because he
a trail leading to the house of Carlito Bates, the latter wishes to save them the trouble and expenses
suddenly emerged from the thick banana plantation necessarily incurred in his search and capture.
surrounding the trail, aiming his firearm at Jose who was
then walking ahead of his companions. Jose grabbed The surrender must be by reason of the commission of
Carlito's right hand and elbow and tried to wrest the crime for which he is prosecuted.
possession of the firearm. While the 2 were grappling for
possession, the gun fired, hitting Carlito who People v. Pinca
immediately fell to the ground. At that instant, Marcelo 318 SCRA 270 (1999)
Bates and his son Marcelo Bates, Jr., brother and Facts: Pinca and Abenir, after drinking at a
nephew of Carlito, respectively, emerged from the bakeshop, hitched a ride with a tricycle driver on their
banana plantation, each brandishing a bolo. They way home. After passing a man who was apparently
immediately attacked Jose hacking him several times. drunk because he was swaying while he walked, the
Jose fell to the ground and rolled but Marcelo and his accused asked the driver to drop them off already. Pinca
son kept on hacking him. told Abenir that that was the guy who spilled a drink on
Held: Passion and obfuscation may not be him earlier that day. The accused picked up a long piece
properly appreciated in favor of the appellant. To be of wood and waited for the man to pass by. When the
considered as a mitigating circumstance, passion or latter did, the accused hit him at the back of his head
obfuscation must arise from lawful sentiments and not which led to his death.
from a spirit of lawlessness or revenge or from anger When the police came, the accused readily
and resentment. In the present case, clearly, Marcelo went with them and proceeded to tell his story that he
was infuriated upon seeing his brother, Carlito, shot by was innocent and that it was Abenir who killed the man.
Jose. However, a distinction must be made between the The accused was convicted of the crime of murder.
first time that Marcelo hacked Jose and the second time Held: For voluntary surrender to be
that the former hacked the latter. When Marcelo hacked appreciated, 3 requisites should be present: 1) the
Jose right after seeing the latter shoot at Carlito, and if offender has not been actually arrested; 2) the offender
appellant refrained from doing anything else after that, surrendered to a person of authority and 3) the
he could have validly invoked the mitigating surrender was voluntary. The actions of the accused
circumstance of passion and obfuscation. But when, belied this claim. He actually DENIED having committed
upon seeing his brother Carlito dead, Marcelo went back the crime. He went on to try and clear his name. There
to Jose, who by then was already prostrate on the is no voluntary surrender.
ground and hardly moving, hacking Jose again was a
clear case of someone acting out of anger in the spirit of People v. Amaguin
revenge. 229 SCRA 166 (1994)
Facts: Celso and Gildo, together with others,
Par. 7. THAT THE OFFENDER HAD VOLUNTARILY attacked the Oros. During the fray, Gildo was armed
SURRENDERED HIMSELF TO A PERSON IN with a knife and an Indian target. And just as they
AUTHORITY OR HIS AGENTS, OR THAT HE HAD were about to finish off the Oro brothers, Willie, the
VOLUNTARILY CONFESSED HIS GUILT BEFORE THE eldest of the Amaguins, appeared with a revolver and
COURT PRIOR TO THE PRESENTATION OF THE delivered the coup de grace.
EVIDENCE FOR THE PROSECUTION. Held: SC agrees with the accused-appellants
view that voluntary surrender should be appreciated in
2 MITIGATING CIRCUMSTANCES UNDER THIS their favor. While it may have taken both Willie and
PARAGRAPH: Gildo a week before turning themselves in, the fact is,
1. Voluntary surrender to a person in authority or they voluntarily surrendered to the police before arrest
his agents; could be effected.
2. Voluntary confession of guilt before the court
prior to the presentation of evidence for the prosecution. People v. Dulos
237 SCRA 141 (1994)
REQUISITES OF VOLUNTARY SURRENDER:
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Facts: The accused hired two professional * Plea of guilty is mitigating because it indicates a moral
entertainers to entertain his guests. One of the disposition in the accused, favorable to his reform. It is
entertainers, Susan, accepted an offer to check in with an act of repentance and respect for the law.
the accused guests but later on changed her mind and
rejected the offer. When she went home with her People v. Crisostomo
boyfriend, the accused chased them and asked for the 160 SCRA 47(1988)
amount paid to Susan by one of his guests. Susan Facts: On Christmas day, while the accused
denied this. Susans boyfriend was shot by the accused was passing near the house of Romeo, he met the latter
which resulted to his death. and invited him to go drinking. Romeo declined and
Held: Voluntary surrender cannot be suddenly, the accused rushed towards Romeo from
appreciated where there was no conscious effort on the behind and shot him with a revolver.
part of the accused to voluntarily surrender. Here, there After the arraignment wherein accused entered
was no conscious effort on the part of the accused to a plea of not guilty and again during the trial, the
voluntary surrender to the military authorities when he accused signified his intention to withdraw his plea of
went to Camp Siongco after the fateful incidents. As he not guilty to a lesser charge of homicide and prayed that
himself admitted, he was not placed under custody by he be allowed to prove the mitigating circumstances.
the military authorities as he was free to roam around Held: The appellant offered to enter a plea of
as he pleased. guilty to the lesser offense of homicide only after some
There is no voluntary surrender also where an evidence of the prosecution had been presented. He
accused merely surrendered the gun he used in the reiterated his offer after the prosecution rested its case.
killing, without surrendering his person to the This is certainly not mitigating.
authorities.
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upon the accused to the such a situation as to 11. That the crime be committed in
MAXIMUM PERIOD. deserve no other penalty consideration of a price, reward, or promise.
than that specially 12. That the crime be committed by means of
prescribed by law for said inundation, fire, poison, explosion, stranding of a vessel
crime. or intentional damage thereto, derailment of a
A generic aggravating A qualifying AC cannot be locomotive, or by the use of any other artifice involving
circumstance may be offset by a mitigating great waste and ruin.
compensated by a circumstance. 13. That the act be committed with evident
mitigating circumstance. premeditation.
According to the new rules, generic and qualifying 14. That the craft, fraud or disguise be
aggravating circumstances must be alleged in order to employed.
be appreciated. 15. That advantage be taken of superior
strength, or means be employed to weaken the defense.
16. That the act be committed with treachery
(alevosia).
AGGRAVATING CIRCUMSTANCES WHICH DO NOT There is treachery when the offender commits
HAVE THE EFFECT OF INCREASING THE PENALTY any of the crimes against the person, employing means,
AC 1) which in themselves constitute a crime methods, or forms in the execution thereof which tend
specially punishable by law, or b) which are included by directly and specially to insure its execution, without risk
the law in defining a crime and prescribing the penalty to himself arising from the defense which the offended
therefore shall not be taken into account for the purpose party might make.
of increasing the penalty (Art. 62, par. 1) 17. That means be employed or circumstances
brought about which add ignominy to the natural effects
AC which arise: a) from the moral attributes of the of the act.
offender or b) from his private relations with the 18. That the crime be committed after an
offended party, or c) from any other personal cause, unlawful entry.
shall only serve to aggravate the liability of the There is an unlawful entry when an entrance of
principals, accomplices, and accessories as to whom a crime a wall, roof, floor, door, or window be broken.
such circumstances are attendant. 19. That as a means to the commission of a
crime a wall, roof, floor, door, or window be broken.
Art. 14. Aggravating circumstances. The following 20. That the crime be committed with the aid
are aggravating circumstances: of persons under fifteen years of age or by means of
1. That advantage be taken by the offender of motor vehicles, motorized watercraft, airships, or other
his public position. similar means. (As amended by RA 5438).
2. That the crime be committed in contempt or 21. That the wrong done in the commission of
with insult to the public authorities. the crime be deliberately augmented by causing other
3. That the act be committed with insult or in wrong not necessary for its commissions.
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.
4. That the act be committed with abuse of
confidence or obvious ungratefulness. People v. Antonio
5. That the crime be committed in the palace 393 SCRA 169 (2002)
of the Chief Executive or in his presence, or where public Facts: Kevin Paul, 7 yr old son of the victim
authorities are engaged in the discharge of their duties, Sergio was lying on the bed beside his father Sergio in
or in a place dedicated to religious worship. the bedroom when he heard a window being opened and
6. That the crime be committed in the night the sound of feet stepping on the floor. Then someone
time, or in an uninhabited place, or by a band, whenever kicked open the door to the bedroom. Kevin saw Wilson
such circumstances may facilitate the commission of the Antonio carrying a shotgun. Wilson aimed his gun at
offense. Sergio who was asleep on the bed and fired hitting
Whenever more than three armed malefactors Sergio on the chest, shoulder and back. He was also hit
shall have acted together in the commission of an on his left thigh. Immediately after firing his gun, Wilson
offense, it shall be deemed to have been committed by a hurriedly left the room. When the police arrived, Sergio
band. was already dead. Wilson surrendered to the police
7. That the crime be committed on the after eluding arrest for more than 1 yr. The trial court
occasion of a conflagration, shipwreck, earthquake, convicted him of murder qualified by treachery and
epidemic or other calamity or misfortune. aggravated by the circumstance of evident
8. That the crime be committed with the aid of premeditation, dwelling and unlawful entry. The above
armed men or persons who insure or afford impunity. agrravating circumstances were not alleged in the
9. That the accused is a recidivist. Information.
A recidivist is one who, at the time of his trial Held: Pursuant to the 2000 Revised Rules of
for one crime, shall have been previously convicted by Criminal Procedure, every Complaint or Information
final judgment of another crime embraced in the same must state not only the qualifying but also the
title of this Code. aggravating circumstances. This rule may be given
10. That the offender has been previously retroactive effect in the light of the well-established rule
punished by an offense to which the law attaches an that statutes regulating the procedure of the courts will
equal or greater penalty or for two or more crimes to be construed as applicable to actions pending and
which it attaches a lighter penalty. undetermined at the time of their passage. The
aggravating circumstances of evident premeditation,
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second time and fled. Jerry saw PO3 Villamor and Four circumstances are enumerated in this paragraph,
Maghilom on board the motorcycle behind them. which can be considered single or together. If all the 4
Maghilom was driving the motorcycle while Villamor was circumstances are present, they have the weight of one
holding a short gun pointed at them. Jerry sustained aggravating circumstance only.
gunshot wounds but survived. Jelord, however, died on
the spot during the first gunburst. This circumstance (rank, age or sex) may be taken
Held: There was no showing that Villamor took into account only in crimes against person or honor.
advantage of his being a policeman to shoot Jelord Velez
or that he used his "influence, prestige or ascendancy" There must be evidence that in the commission of the
in killing the victim. Villamor could have shot Velez even crime, the accused deliberately intended to offend or
without being a policeman. In other words, if the insult the sex or age of the offended party.
accused could have perpetrated the crime even without
occupying his position, there is no abuse of public (1) WITH INSULT OR IN DISREGARD OF
position. The Court cited the case of People v. Herrera, THE REPECT DUE THE OFFENDED PARTY ON
where the Court emphatically said that the mere fact ACCOUNT:
that accused-appellant is a policeman and used his
government issued .38 caliber revolver to kill is not (a) OF THE RANK OF THE OFFENDED PARTY
sufficient to establish that he misused his public position ex. An attempt upon the life of a general of the
in the commission of the crime. Philippine Army is committed in disregard of his rank.
Par. 2 is not applicable if committed in the presence of (2) THAT BE COMMITTED IN THE
an agent only such as a police officer. DWELLING OF THE OFFENDED PARTY
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Dwelling is aggravating in abduction or illegal all intents and purposes a dwelling as the term is used
detention. in Art. 14(3) of the RPC. Be she a lessee, a boarder, or a
It is not aggravating where the deceased was bedspacer, the place is her home the sanctity of which
called down from his house and he was murdered in the the law seeks to protect and uphold.
vicinity of his house.
Dwelling includes dependencies, the foot of People v. Banez
the staircase and the enclosure under the house. If the 301 SCRA 248 (1999)
deceased was only about to step on the first rung of the Facts: The accused was living with his parents.
ladder when he was assaulted, the AC of dwelling will His sisters complained to their father that the accused
not be applicable. made trouble whenever he was drunk. They wanted to
put the accused in another house. That night while they
DWELLING NOT APPLICABLE: were discussing the plans for the accused, while their
1. When both offender and offended party are father went to his room, the accused, who looked drunk,
occupants of the same house. ran to the kitchen and got 2 knives and then stabbed
2. When the robbery is committed by the use of the father. The father died.
force upon things, dwelling is not aggravating because Held: The aggravating circumstance of dwelling
it is inherent to the crime. cannot be considered aggravating where the accused
3. In the crime of trespass to dwelling, it is also and the victim were living in the same house where the
inherent or included by law in defining the crime. crime was committed. The rationale for considering
4. When the owner of the dwelling gave sufficient dwelling an aggravating circumstance is the violation by
and immediate provocation. the offender of the sanctity of the home of the victim by
5. When the dwelling where the crime was trespassing therein to commit the crime. This reason is
committed did not belong to the offended party. entirely absent in this case.
6. When the rape was committed in the ground
floor of the 2-storey structure, the lower floor being People v. Lapaz
used as a video rental store and not as a private place 171 SCRA 539 (1989)
of abode or residence. Facts: Eulalia Cabunag, a 70-year-old woman
who was living alone, was beaten to death by 3 men.
A victim raped in the boarding house where she was a Appellant Barleso, Lapaz and Cristoto agreed to kill
bedspacer. Her room constituted a dwelling. Eulalia because there was one incident when the victim
called Barleso a thief in front of many people.
Dwelling may be temporary dwelling. Held: The presence of treachery is clear as
Barleso invited two companions to help him execute his
Note: The Code speaks of dwelling, not domicile. plan to beat the victim to death with pieces of wood in
the middle of the night insuring the killing of the victim
Dwelling is not aggravating in adultery when paramour without risk to himself arising from the defense with the
also lives in the conjugal home. offended party might make.
While it may be true that nighttime is absorbed
Dwelling is not included in treachery. in the aggravating circumstance of treachery, the
aggravating circumstance of disregard of sex and age
cannot be similarly absorbed. Treachery refers to the
manner of the commission of the crime. Disregard of sex
and age pertains to the relationship of the victim, who is
People v. Rodil a 70-year old woman, and the appellant who is a young
109 SCRA 308 (1981) man, 27 years old, at the time of the commission of the
Facts: Lt. Mesana approached Rodil and offense.
identifies himself as a PC officer. He asked Rodil whether
or not the gun which the latter possessed had a license. People v. Taboga
Rodil attempted to draw his gun but was prevented by 376 SCRA 500 (2002)
Mesanas companions. Rodil was asked to sign a Facts: Taboga entered the house of Tubon, a
document attesting to the confiscation of the gun but he widowed septuagenarian, robbed, stabbed and burned
refused. Instead, he drew a dagger and managed to beyond recognition the latters house.
stab Mesana in the chest repeatedly. Held: Anent the circumstance of age, there
Held: The AC of disregard of rank should be must be a showing that the malefactor deliberately
appreciated because it is obvious that Mesana identified intended to offend or insult the age of the victim.
himself as a PC officer to the accused who is merely a Neither could disregard of respect due to sex be
member of the Anti-Smuggling Unit and therefore appreciated if the offender did not manifest any
inferior both in rank and social status to the victim. intention to offend or disregard the sex of the victim. In
other words, killing a woman is not attended by the
People v. Daniel aggravating circumstance if the offender did not
86 SCRA 511 (1978) manifest any specific insult or disrespect towards the
Facts: 13-year-old Margarita was at the bus offended party's sex. In the case at bar, there is
station when the accused, Daniel, started molesting her, absolutely no showing that Taboga deliberately intended
asking her name and trying to get her bag to carry it for to offend or insult the victim. However, even if
her. She refused and asked the help of the conductor disrespect or disregard of age or sex were not
and driver but they did not help her. She ran to the appreciated, the four circumstances enumerated in
jeepney stop and rode the jeep. Daniel followed her to Article 14, paragraph 3 of the Revised Penal Code, as
the boarding house and he raped her. amended, can be considered singly or together.
Held: Although Margarita was merely renting a
bedspace in a boarding house, her room constituted for People v. De Mesa
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354 SCRA 397 (2001) store, Rios bought cigarettes. Ambrocio confronted Rios
Facts: Motas, Barangay Chairman of Barangay about the stoning incident and an altercation ensued
Sta. Cruz Putol, San Pablo City, was shot by De Mesa between them. Having heard the appellant shout at
while playing a card game with some townmates at a Ambrocio, Mesa intervened and requested the 2 to part
neighborhood store resulting to his death. The trial ways and escorted them to their respective residences.
court, in convicting De Mesa for murder, appreciated the A few minutes later, appellant went back to the store.
aggravating circumstance of commission of the crime in Ambrocio went to the terrace of their house. Appellant
contempt of or with assault to public authorities. suddenly approached Ambrocio and stabbed his right
Held: The trial court also erred in appreciating stomach. Mesa and his group saw Anacita weeping while
the aggravating circumstance that the commission of Ambrocio was lying lifeless in the terrace of their house.
the crime was in contempt of or with assault to public Ambrocio died before he was brought to the hospital.
authorities. The requisites of this circumstance are: (1) The trial court appreciated the aggravating circumstance
the public authority is engaged in the discharge of his of dwelling.
duties and (2) he is not the person against whom the Held: The trial court correctly appreciated the
crime is committed. None of these circumstances are aggravating circumstance of dwelling or morada in this
present in this case. In the first place, the crime was case. The word dwelling includes every dependency of
committed against the barangay chairman himself. At the house that forms an integral part thereof and
the time that he was killed, he was not engaged in the therefore it includes the staircase of the house and much
discharge of his duties as he was in fact playing a card more, its terrace. When a crime is committed in the
game with his neighbors. dwelling of the offended party and the latter has not
given provocation, dwelling may be appreciated as an
People v. Montinola (Supra) aggravating circumstance.
Facts: Montinola boarded a passenger jeepney
driven by Hibinioda. Among the passengers was People v. Arizobal
Reteracion. All of a sudden, appellant drew his gun, an 348 SCRA 143 (2000)
unlicensed firearm, .380 cal pistol and directed Facts: Arizobal and two others entered the
Reteracion to hand over his money or else he would be house of spouses Clementina and Laurencio Gimenez.
killed. Montinola aimed the firearm at the neck of They then ransacked the house and ordered Laurencio
Reteracion and fired successive shots at the latter. As a to go with them to his son Jimmys house. Upon
result Reteracion slumped dead. Montinola was charged reaching the house of Jimmy, they tied the latter and
with robbery with homicide and illegal possession of one Francisco also surnamed Gimenez. They consumed
firearm. the food and cigarettes Jimmys wife Erlinda, was
Held: DIsregard of age, sex or rank is not selling. They proceeded to ransacked the household in
aggravating in robbery with homicide, which is primarily search of valuables. Thereafter, Erlinda was ordered to
a crime against property, as the homicide is regarded as produce P100,000 in exchange for Jimmys life. Erlinda
merely incidental to the robbery. offered to give a certificate of large cattle but the
document was thrown back at her. The 3 then dragged
People v. Tao Jimmy outside the house together with Laurencio. One
331 SCRA 448 (2000) of the culprits returned and told Erlinda that Jimmy and
Facts: Amy was tending a video rental shop Laurencio had been killed for trying to escape. The trial
owned by Marina. Tao kept going in and out of the court appreciated the aggravating circumstance of
shop and on the last time he went inside said shop, he dwelling.
suddenly jumped over the counter, strangled Amy, Held: The trial court is correct in appreciating
poked a knife at the left side of her neck, pulled her dwelling as an aggravating circumstance. Generally,
towards the kitchen where he forced her to undress, and dwelling is considered inherent in the crimes which can
gained carnal knowledge of her against her will and only be committed in the abode of the victim, such as
consent. Before they could reach the upper floor, he trespass to dwelling and robbery in an inhabited place.
suddenly pulled Amy down and started mauling her until However, in robbery with homicide the authors thereof
she lost consciousness; then he freely ransacked the can commit the heinous crime without transgressing the
place. Leaving Amy for dead after repeatedly banging sanctity of the victim's domicile. In the case at bar, the
her head, first on the wall, then on the toilet bowl, he robbers demonstrated an impudent disregard of the
took her bracelet, ring and wristwatch. He then inviolability of the victims' abode when they forced their
proceeded upstairs where he took as well the jewelry way in, looted their houses, intimidated and coerced
box containing other valuables belonging to his victim's their inhabitants into submission, disabled Laurencio and
employer. The trial court appreciated dwelling as an Jimmy by tying their hands before dragging them out of
aggravating circumstance because the incident took the house to be killed.
place supposedly at the residence of private
complainant's employer, "which doubles as a video Par. 4. - THAT THE ACT BE COMMITTED WITH (1)
rental shop. ABUSE OF CONFIDENCE OR (2) OBVIOUS
Held: Dwelling cannot be appreciated as an UNGRATEFULNESS.
aggravating circumstance in this case because the rape
was committed in the ground floor of a two-story
(1) ABUSE OF CONFIDENCE
structure, the lower floor being used as a video rental
store and not as a private place of abode or residence.
REQUISITES:
a. That the offended party had trusted the offender.
People v. Rios
b. That the offender abused such trust by
333 SCRA 823(2000)
committing a crime against the offended party.
Facts: Rios hurled stones at the house of
c. That the abuse of confidence facilitated the
Ambrocio and Anacita Benedicto. A few minutes later,
commission of the crime.
and while the Benedicto spouses were tending their
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The confidence between the offender and the offended are in the performance of performing their duties
party must be immediate and personal. their duties must be in outside of their offices.
their office.
It is inherent in malversation, qualified theft, estafa by The public authority may The public authority should
conversion or misappropriation and qualified seduction. be the offended party. not be the offended party.
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- It must appear that the accused SOUGHT Normas parents and house of Carlito. These cannot,
THE SOLITUDE of the place where the crime was however, be seen from the couples house because of
committed, in order to better attain his purpose. the many fruit trees and shrubs prevalent in the area.
- The offenders must choose the place as an
aid either (1) to an easy and uninterrupted People v. Silva
accomplishment of their criminal designs or (2) to insure 387 SCRA 77 (2002)
concealment of the offense. Facts: Accused armed with a gun, a bolo, a
rope and a flashlight abducted brothers Edmund and
(3) BAND Manuel Ceriales while the two were playing a game of
- Whenever more than 3 armed malefactors cards inside their house in the middle of the night. They
shall have acted together in the commission of an tied both their hands and feet with a rope and they
offense, it shall be deemed to have been committed by a brought the brothers at an isolated place. Manuel was
band. stabbed and beheaded causing his instantaneous death.
- The armed men must act together in the Edmund Ceriales was able to escape while the accused
commission of the crime. were about to kill his brother. The trial court appreciated
- If one of the four armed persons is a principal nighttime as an aggravating circumstance.
by inducement, they do not form a band. Held: By and of itself, nighttime is not an
- All the armed men, at least four in number, aggravating circumstance, however, it becomes
must take direct part in the execution of the act aggravating only when: (1) it is especially sought by the
constituting the crime. offender; or (2) it is taken advantage of by him; or (3) it
- Considered in crimes against property and facilitates the commission of the crime by ensuring the
persons and not to crimes against chastity. offender's immunity from capture. In this case, the trial
- It is inherent in brigandage. court correctly appreciated nighttime as aggravating
considering that nighttime facilitated the abduction of
People v. Jose (supra) the Ceriales brothers, the killing of Manuel and the
Facts: The Maggie Dela Riva story. Maggie, the attempt to kill Edmund. Evidence shows that accused-
victim, was on her way home, driving her car appellants took advantage of the darkness to
accompanied by her maid, when she was stopped by successfully consummate their plans. The fact that they
another car boarded by 4 men. Accused Pineda pulled brought with them a flashlight clearly shows that they
her out of the car and forced her inside the assailants intended to commit the crime in darkness.
car. She was brought to a hotel and there, the 4
accused raped her. People v. Ancheta
Held: Supreme Court found that there was 431 SCRA 42 (2004)
committed forcible abduction with rape. With rape as the Facts: Appellant Ulep and his group, robbed
more serious crime, the penalty to be imposed is the Alfredo Roca of 35 sacks of Palay after killing his son, his
maximum in accordance with Art. 48 of the RPC. With wife and his mother with their guns. Thereafter, they
this finding, the extreme penalty of death was imposed. boarded their jeep and left.
While the Supreme Court found no necessity of Held: The offense was proven to have been
considering the aggravating circumstances, the Court executed by a band. A crime is committed by a band
still considered the aggravating circumstances for the when at least four armed malefactors act together in the
purpose of determining the proper penalty to be commission thereof. In this case, all six accused were
imposed in each of the other 3 crimes of simple rape. armed with guns which they used on their victims.
The court claimed that there was an AC of nighttime Clearly, all the armed assailants took direct part in the
because of appellants have purposely sought such execution of the robbery with homicide.
circumstance to facilitate the commission of these
crimes. People v. Librando
335 SCRA 232 (2000)
People v. Desalisa Facts: Edwin and his daughter Aileen, and a
229 SCRA 35 (1994) relative, Fernando, were traversing a hilly portion of a
Facts: Moved by hatred and jealousy, the trail on their way home when they met Raelito Librando,
accused, armed with a sharp pointed instrument, Larry and Eddie. Edwin was carrying a torch at that time
attacked and inflicted physical injuries on the vagina of as it was already dark. Raelito inquired from Edwin the
his wife who was about 5 months pregnant. Thereafter, whereabouts of Fernando and without any warning hit
the accused hanged his wife to a jackfruit tree, causing Edwin with a piece of wood. Eddie followed suit and
her death and that of her fetus. delivered another blow to Edwin. Edwin ran but he was
He was found guilty of the complex crime of chased by Raelito. Thereafter, the three men took turns
parricide with unintentional abortion and was sentenced hitting Edwin with pieces of wood until the latter fell and
to life imprisonment by the lower court. died. The trial court considered nighttime and
Held: The aggravating circumstance of uninhabited place as just one aggravating circumstance.
uninhabited place is present. The uninhabitedness of a Held: The court did not err in considering
place is determined not by the distance of the nearest nighttime and uninhabited place as just one aggravating
house to the scene of the crime but whether or not in circumstance. The court cited the case of People vs.
the place of the commission, there was reasonable Santos where it has been held that if the aggravating
possibility of the victim receiving some help. Considering circumstances of nighttime, uninhabited place or band
that the killing was done during nighttime and many concur in the commission of the crime, all will constitute
fruit trees obstruct the view of neighbors and passersby, one aggravating circumstance only as a general rule
there was no reasonable possibility for the victim to although they can be considered separately if their
receive any assistance. The couple lived on a small nipa elements are distinctly perceived and can subsist
house on a hill. There are 2 other houses in the independently, revealing a greater degree of perversity.
neighborhood which are 150 meters away; the house of
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Par. 7. - THAT THE CRIME BE COMMITTED ON THE of his conduct or other circumstances he shall not be
OCCASION OF A CONFLAGRATION, SHIPWRECK, worthy of such clemency.
EARTHQUAKE, EPIDEMIC OR OTHER CALAMITY OR
MISFORTUNE. A recidivist is one who, at the time of his trial for one
crime, shall have been previously convicted by final
The reason for the existence of this AC is found in the judgment of another crime embraced in the same title of
debased form of criminality met in one who, in the midst the RPC.
of a great calamity, instead of lending aid to the
afflicted, adds to their suffering by taking advantage of REQUISITES:
their misfortune to despoil them. a. That the offender is on trial for an offense;
b. That he was previously convicted by final
The offender must take advantage of the calamity or judgment of another crime;
misfortune. c. That both the first and the second
offenses are embraced in the same title of the
OR OTHER CALAMITY OR MISFORTUNE refers to Code;
other conditions of distress similar to conflagration, d. That the offender is convicted of the new
shipwreck, earthquake or epidemic. offense.
Par. 8. - THAT THE CRIME BE COMMITTED WITH What is controlling is the time of trial, not the time of
THE AID OF ARMED MEN OR PERSONS WHO the commission of the crime.
INSURE OR AFFORD IMPUNITY. There is no recidivism if the subsequent conviction is
for an offense committed before the offense involved in
the prior conviction.
REQUISITES:
1. That the armed men or persons took part
Sec. 7 of Rule 120 , Rules of Court, provides that a
in the commission of the crime, directly or
judgment in a criminal case becomes final
indirectly.
(1) after the lapse of the [period for perfecting
2. That the accused availed himself of their
an appeal, or
aid or relied upon them when the crime was
(2) when the sentence has been partially or
committed.
totally satisfied or served, or
(3) the defendant has expressly waived in
The armed men must take part directly or indirectly in
writing his right to appeal, or
the offense.
(4) the accused has applied for probation.
This AC shall not be considered when both the
attacking party and the party attacked were equally
There is recidivism even if the lapse of time between
armed.
two felonies is more than 10 years. Recidivism must be
This AC is not present when the accused as well as
taken into account no mater how many years have
those who cooperated with him in the commission of the
intervened between the 1st and 2nd felonies.
crime, acted under the same plan and for the same
purpose.
Pardon does not obliterate the fact that the accused
was a recidivist; but amnesty extinguishes the penalty
and its effects.
WITH AID OF ARMED BY A BAND
MEN (par. 8) (par. 6) People v. Molina
Aid of armed men is More than 3 armed 336 SCRA 400(2000)
present even if one of the malefactors that have Facts: Brothers Joseph and Angelito, along
offenders merely relied on acted together in the with their cousin, Danny were on their way home when
their aid, for actual aid is commission of an offense. they heard somebody shout kuba, referring to Joseph,
not necessary. a hunchback. They asked who said that but no one
admitted. As the 3 were about to go, Molina delivered a
If there are 4 armed men, aid of armed men is strong stabbing blow at the back of Joseph. Angelito
absorbed by employment of a band came to aid his brother but Molina also stabbed him at
Aid of armed men includes armed women the back. Joseph was dead on arrival at the clinic.
Held: To prove recidivism, it is necessary to
Par. 9. - THAT THE ACCUSED IS A RECIDIVIST. allege the same in the information and to attach thereto
certified copies of the sentences rendered against the
Art. 160. Commission of another crime during service accused. Nonetheless, the trial court may still give such
of penalty imposed for another offense; Penalty. AC credence if the accused does not object to the
Besides the provisions of Rule 5 of Article 62, any presentation of evidence on the fact of recidivism.
person who shall commit a felony after having been In the case at bar, the accused never voiced
convicted by final judgment, before beginning to serve out any objection when confronted with the fact of his
such sentence, or while serving the same, shall be previous conviction for attempted homicide.
punished by the maximum period of the penalty
prescribed by law for the new felony. People v. Dacillo
Any convict of the class referred to in this 427 SCRA 528 (2004)
article, who is not a habitual criminal, shall be pardoned Facts: Pacot stabbed and strangled Rosemarie
at the age of seventy years if he shall have already leading to the latters death. Dacillo for his part, hold
served out his original sentence, or when he shall down Rosemaries legs to prevent her from struggling.
complete it after reaching the said age, unless by reason The two men stopped only when they were sure that the
victim was already dead. Dacillo then encase her corpse
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in a cement. The trial court imposed the death penalty more crimes to which it attaches lighter penalty
on the ground that Dacillo admitted during re-cross han that for the new offense; and
examination that he had a prior conviction for the death c. That he is convicted of the new
of his former live-in partner. The fact that Dacillo was a offense.
recidivist was appreciated by the trial court as a generic
aggravating circumstance which increased the imposable REITERACION/ RECIDIVISM
penalty from reclusion perpetua to death HABITUALITY
Held: The aggravating circumstance of It is necessary that the It is enough that a final
recidivism was not alleged in the information and offender shall have served judgment has been
therefore cannot be appreciated against appellant. out his sentence for the rendered in the first
In order to appreciate recidivism as an first offense. offense.
aggravating circumstance, it is necessary to allege it in The previous and It is the requirement that
the information and to attach certified true copies of the subsequent offenses must the offenses be included in
sentences previously meted out to the accused. 26 This not be embraced in the the same title of the Code.
is in accord with Rule 110, Section 8 of the Revised same title of the Code.
Rules of Criminal Procedure which states: SEC. 8. Reiteracion is not always Recidivism is not always to
Designation of the offense. The complaint or an aggravating be taken into consideration
information shall state the designation of the offense circumstance. in fixing the penalty to be
given by the statute, aver the acts or omissions imposed upon the
constituting the offense, and specify its qualifying and accused.
aggravating circumstances. If there is no designation of
the offense, reference shall be made to the section or FOUR FORMS OR REPETITION:
subsection of the statute punishing it. 1. RECIDIVISM
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DAPECOL does not prove that final judgment had been The evidence must show that one of the accused used
rendered against him. money or other valuable consideration for the purpose
of inducing another to perform the deed.
People v. Villapando
178 SCRA 341 (1989) Par. 12. - THAT THE CRIME BE COMMITTED BY
Facts: The accused was charged before the MEANS OF INUNDATION, FIRE, POISON,
RTC with the crimes of murder and of attempted EXPLOSION, STRANDING OF A VESSEL OR
homicide. INTERNATIONAL DAMAGE THERETO, DERAILMENT
Held: The court does not agree that reiteracion OF A LOCOMOTIVE, OR BY THE USE OF ANY OTHER
or habituality should be appreciated in this case. The ARTIFICE INVOLVING GREAT WASTE AND RUIN.
appellant was found by the trial court to have committed
offenses prior to and after the incident of Jan. 14, 1979.
Unless used by the offender as a means to accomplish
In habituality, it is essential that the offender be
a criminal purpose, any of the circumstances in
previously punished, that is, he has served the
paragraph 12 cannot be considered to increase the
sentence, for an offense in which the law attaches, or
penalty or to change the nature of the offense.
provides for an equal or greater penalty than that
When another AC already qualifies the crime, any of
attached by law to the second offense, or for two or
these ACs shall be considered as generic aggravating
more offenses, in which the law attaches a lighter
circumstance only.
penalty. Here, the records do not disclose that the
When the crime intended to be committed is arson and
appellant has been previously punished by an offense to
somebody dies as a result thereof, the crime is simply
which the law attaches an equal or greater or penalty or
arson and the act resulting in the death of that person is
for two or more crimes to which it attaches a lighter
not even an independent crime of homicide, it being
penalty.
absorbed.
The killing of the victim by means of such
People v. Cajara
circumstances as inundation, fire, poison or explosion
341 SCRA 192 (2000)
qualifies the offense to murder.
Facts: Accused Cajara raped 16-year old
Marita in front of his common-law wife who is the half-
It will be noted that each of the circumstances of
sister of the victim and his two small children. The trial
fire, explosion, and derailment of a locomotive may
court convicted him as charged and sentenced him to
be a part of the definition of particular crime, such as,
death.
arson, crime involving destruction, and damages and
Held: The records show that the crime was
obstruction to means of communication.
aggravated by reiteracion under Art. 14, par. 10, of The
In these cases, they do not serve to increase
Revised Penal Code, the accused having been convicted
the penalty, because they are already included by the
of frustrated murder in 1975 and of homicide, frustrated
law in defining the crimes.
homicide, trespass to dwelling, illegal possession of
firearms and murder sometime in 1989 where his
sentences were later commuted to imprisonment for 23 Par. 13. - THAT THE ACT BE COMMITTED WITH
years and a fine of P200,000.00. He was granted EVIDENT PREMEDITATION.
conditional pardon by the President of the Philippines on
8 November 1991. Reiteracion or habituality under Art. Evident premeditation implies a deliberate planning of
14, par. 10, herein cited, is present when the accused the act before executing it.
has been previously punished for an offense to which
the law attaches an equal or greater penalty than that The essence of premeditation is that the execution of
attached by law to the second offense or for two or more the criminal act must be preceded by cool thought and
offenses to which it attaches a lighter penalty. As reflection upon the resolution to carry out the criminal
already discussed, herein accused can be convicted only intent during the space of time sufficient to arrive at a
of simple rape and the imposable penalty therefor is calm judgment.
reclusion perpetua. Where the law prescribes a single
indivisible penalty, it shall be applied regardless of the Evident premeditation may not be appreciated absent
mitigating or aggravating circumstances attendant to any proof as to how and when the plan was hatched or
the crime, such as in the instant case. what time elapsed before it was carried out.
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meaning and the consequences of what he resolution of his will had he desired to hearken to its
planned to do, an interval long enough for his warnings.
conscience and better judgment to overcome
his evil desire and scheme. People v. Ilaoa
233 SCRA 231 (1994)
Conspiracy generally presupposes premeditation. Facts: The 5 accused were charged for the
Evident premeditation, while inherent in robbery, may gruesome murder of Nestor de Loyola. The conviction
be aggravating in robbery with homicide if the was based on the following circumstances: a) The
premeditation included the killing of the victim. deceased was seen on the night before the killing in a
drinking session with some of the accused; 2) The
People v. Bibat drunken voices of accused Ruben and Nestor were later
290 SCRA 27 (1998) heard and Nestor was then seen being kicked and
Facts: At around 1:30 pm, Bibat stabbed to mauled by the 5 accused; 3) some of the accused
death one Lloyd del Rosario as the latter was on his way borrowed the tricycle of Alex at about 2 a.m.; 4) blood
to school waiting for a ride. The suspect fled while the was found in Rubens shirt.
victim was brought to the hospital where he was Held: Evident premeditation cannot be
pronounced dead on arrival. A witness testified that the considered. There is nothing in the records to show that
accused and several others often met in Robles house. appellant, prior to the night in question, resolved to kill
In one of their meetings, the accused and his Nestor, nor is there proof to show that such killing was
companions hid some guns and tusok in the house. the result of meditation, calculation or resolution on his
Also, other witnesses saw the accused at around 11:30 part. On the contrary, the evidence tends to show that
am with some companions and heard the plan to kill the series of circumstances which culminated in the
someone. killing constitutes an unbroken chain of events with no
Held: There is evident premeditation because interval of time separating them for calculation and
the 3 requisites are present. There was evident meditation.
premeditation where 2 hours had elapsed from the time
the accused clung to his determination to kill the victim People v. Mondijar
up to the actual perpetration of the crime. 392 SCRA 356(2002)
Facts:. In a previous incident, Aplacador had
People v. Lug-aw stabbed Mondijar, his father in law on the knee. A
229 SCRA 308 (1994) month after, Mondiijar stabbed and hacked his son-in-
Facts: Pal-loy was fencing the boundary limits law with the use of a sharp and pointed bolo which
of the land he was farming when his daughter, Sonia, resulted to his death.
heard a shot. Immediately, she went uphill and just as a Held: There was no evident premeditation. For
second gun shot resounded, she saw Bannay and Lug- the circumstance of evident premeditation to be
aw from a distance and that her father was about to appreciated, the prosecution must present clear and
draw his bolo when Lug-aw shot him. positive evidence of the planning and preparation
Held: The SC ruled that there was no evident undertaken by the offender prior to the commission of
premeditation because no one witnessed the initial the crime. Settled is the rule that evident premeditation,
attack. As Sonia herself testified, she heard the first like any other circumstance that qualifies a killing to
shot, went up a hill, climbed a tree and from there, saw murder, must be established beyond reasonable doubt
Lug-aw shooting her father with the shot reverberating as conclusively and indubitably as the killing itself. In
as the second gun report. What she did see was her the present case, no evidence was presented by the
father trying to repel the assault with a bolo but he prosecution as to when and how appellant planned and
failed because a second shot hit him. The records are prepared for the killing of the victim. There is no
bereft of evidence that the crime was committed with showing of any notorious act evidencing a determination
evident premeditation. to commit the crime which could prove appellant's
criminal intent.
People v. Camilet
142 SCRA 402 (1986) People v. Torpio (supra)
Facts: After a prayer meeting was held at the Facts: While having a drinking spree in a
place of the victim, a deaf-mute boy arrived crying and cottage, Anthony tried to let Dennis Torpio drink gin
while making signals, was able to convey that he was and as the latter refused, Anthony bathed Dennis with
strangled and spanked. Accompanied by some of his gin and mauled him several times. Dennis crawled
guests, the victim proceeded to go to the place where beneath the table and Anthony tried to stab him with a
the boy said he was accosted. Nearing the place, the 22 fan knife but did not hit him. Dennis got up and ran
victim was suddenly stabbed by the accused in the towards their home. Upon reaching home, he got a
stomach with a long knife. knife. He went back to the cottage by another route
Held: Evident premeditation was not and upon arrival Anthony was still there. Upon seeing
established by the prosecution. Although the facts tend Dennis, Anthony avoided Dennis and ran by passing the
to show that Camilet might have harbored ill-feelings shore towards the creek but Dennis met him, blocked
towards the Camanchos after they took a portion of the him and stabbed him. When he was hit, Anthony ran
land he was farming and, as he himself stated to the but got entangled with a fishing net beside the creek
police, they also took the produce from his cornfield, and fell on his back. Dennis then mounted on him and
there is no proof that Camilet conceived of killing the continued stabbing him resulting to the latters death.
victim. Indeed, there is no evidence of 1) the time when Thereafter, Dennis left and slept at a grassy meadow
he determined to commit the crime, 2) an act manifestly near a Camp. In the morning, he went to Estrera, a
indicating that he has clung to his determination and police officer to whom he voluntarily surrendered.
execution to allow him to reflect upon the consequences Held: No evident premeditation exist in this
of his act and to allow his conscience to overcome the case. There was no sufficient interregnum from the
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time Dennis was stabbed by the victim, when Dennis Facts: An Information was filed with the RTC
fled to their house and his arming himself with a knife, against Eddie Olazo, Miguel and Charito, together with
and when he stabbed the victim. In a case of fairly Rogelio, Joseph, Dionesia, Rommel and Eddie with the
recent vintage, it was ruled that there is no evident crime of Robbery with Homicide alleging evident
premeditation when the fracas was the result, not of a premeditation and taking advantage of superior strength
deliberate plan but of rising tempers, or when the and conspiracy. However, both the RTC and the CA
attack was made in the heat of anger. failed to consider evident premeditation and taking
advantage of superior strength as ordinary aggravating
People v. Bernal circumstance.
388 SCRA 211 (2002) Held: The requirements to prove the
Facts: Appellant, Fernando, Felix, Rey all aggravating circumstance of evident premeditation are
surnamed Bernal and the victim Pedrito went to a the following: (i) the time when the offender determined
pubhouse. Pedrito, Rey and appellant went inside while to commit the crime; (ii) an act manifestly indicating
Fernando and Felix waited outside. Fernando later went that the culprit has clung to his determination; and (iii)
inside and saw the three in a sleeping position. Fernando sufficient lapse of time between the determination and
then asked Felix to start the tricycle as they would bring execution to allow him to reflect upon the consequences
home the three. He first brought Pedrito out of the pub of his act. To warrant a finding of evident premeditation,
and had him seated at the passengers seat inside the it must appear not only that the accused decided to
tricycle. Fernado then got appellant who was roused commit the crime prior to the moment of its execution,
when they reached the tricycle. While Fernado was but also that such decision was the result of "meditation,
fetching Rey, accused positioned himself at the back of calculation, reflection, or persistent attempt".
Pedrito who was still asleep and discharged his firearm While the SC had previously ruled that the
twice hitting the latter on the head. circumstance of evident premeditation is inherent in
Held: The Court ruled that there was no Robbery, it may be considered in the special complex
evidence directly showing any pre-conceived plan or crime of Robbery with Homicide if there is premeditation
devise employed by accused-appellant to kill the victim. to kill besides stealing. Here, the evidence clearly
Accused-appellant did not go to Barangay Dangdangla, established how and when Charito and his co-
Bangued to kill the victim but to attend to some conspirators hatched their plan to rob the spouses
important matters. Accused-appellant was just invited Vallecera and likewise kill Erlinda. The first attempt of
by his relatives, whom he had not seen for a while after the malefactors to carry out their scheme was foiled and
he changed residence, to have a drinking spree. The it was only on their second attempt that they were able
probability is that the decision to shoot the victim was to consummate the conspiracy. Hence, that there were
made only right there and then. This should at least cast persistent attempts made by the accused sufficiently
reasonable doubt on the existence of a premeditated demonstrate how determined they were to adhere to
plan to kill the victim. Further, the mere existence of ill- their agreement despite the sufficient lapse of time.
feeling or grudge between the parties is not sufficient to Moreover, that Charito and his cohorts went to great
establish premeditated killing. Hence, it would be lengths to hire Joseph to ferry them back and forth to
erroneous to declare that the killing of the victim was the scene of the crime shows the sobriety and
premeditated. circumspection surrounding their decision. Such
circumstances therefore show that the crime committed
People v. Biso was a product of intent and coordination among the
400 SCRA 300 (2003) accused. Hence, the aggravating circumstance of
Facts: Dario, a black belt in karate, entered an evident premeditation is present in this case.
eatery, seated himself beside Teresita and made sexual
advances to her in the presence of her brother, Eduardo.
Eduardo contacted his cousin, Biso, an ex-convict and a
known toughie in the area, and related to him what People v. Zaldy Salahuddin
Dario had done to Teresita. Eduardo and Pio, and 2 G.R. No. 206291 (2016)
others decided to confront Dario. They positioned Facts:On February 10, 2004, at around 5:30 in
themselves in the alley near the house of Dario. When the afternoon, Atty. Segundo Sotto Jr., a prominent law
Dario arrived on board a taxicab, the four assaulted practitioner in Zamboanga City, together with his niece,
Dario. Eduardo held, with his right hand, the wrist of Liezel Mae Java left the former's law office and went
Dario and covered the mouth of Dario with his left hand. home driving an owner type jeep. On the way towards
The 2 others held Dario's right hand and hair. Pio then their house at farmer's Drive, Sta. Maria, Zamboanga
stabbed Dario near the breast with a fan knife. Eduardo City, they passed by Nunez Street, then turned left
stabbed Dario and fled with his three companions from going to Governor Camins Street and through Barangay
the scene. Sta. Maria. When the jeep was nearing farmer's Drive,
Held: There was no evident premeditation. The the jeep slowed down, then, there were two gun shots.
prosecution failed to prove that the four intended to kill Liezel Mae, the one sitting at the right side of the jeep
Dario and if they did intend to kill him, the prosecution felt her shoulder get numb. Thinking that they were the
failed to prove how the malefactors intended to ones being fired at, she bent forward and turned left
consummate the crime. Except for the fact that the towards her uncle. While bending downwards, she heard
appellant and his three companions waited in an alley a sound of a motorcycle at her right side. Then, she
for Dario to return to his house, the prosecution failed to heard another three (3) gunshots from the person in the
prove any overt acts on the part of the appellant and his motorcycle. After that, the motorcycle left.
cohorts showing that that they had clung to any plan to While Liezel's head was touching the abdomen
kill the victim. of her uncle, she was crying and calling out his name. A
few minutes later, rescuers arrived. Liezel and Alty.
People v. Olazo, supra Segundo, with the use of tricycles, were brought to
Western Mindanao Medical Center (WMMC).
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Dr. Lim and Dr. Melvin Talaver attended to the Held: The following aggravating circumstances
victim, but they pronounced the victim to be dead on were proved a) nighttime; 2) unlawful entry; 3) dwelling
arrival. of the offended parties; 4) disguise, that is by
Held: In this case, the trial court correctly pretending to be PC officers; and 5) by utter disregard
ruled that the fatal shooting of Atty. Segundo was due to victims age and sex.
attended by treachery because appellant shot the said
victim suddenly and without any warning with a deadly People v. Empacis
weapon, thus: x x x Atty. Segundo G. Sotto, Jr., who 222 SCRA 59 (1993)
was driving his jeep with his teenage niece as passenger Facts: Empacis et al. held-up the store of Fidel
sitting on his right side on the front seat, was totally and his wife. As Fidel was about to give the money, he
unaware that he will be treacherously shot just 200 decided to fight. He was stabbed several times which
meters away from his residence. He was unarmed and resulted to his death. Empacis was stabbed by the son
was not given any opportunity to defend himself or to of Fidel. When he went to a clinic for treatment, he was
escape from the deadly assault. After he was hit when arrested.
the gunman fired the first two shots at him and his niece Held: Langomes and Empacis pretended to be
and after he lost control of his jeep which bumped an bona fide customers of the victims store and on this
interlink wire fence and stopped, he was again shot pretext gained entry into the latters store and into
three times by the gunman. another part of his dwelling. Thus, the aggravating
circumstance of craft was taken into consideration.
Par. 14. - THAT THE CRAFT, FRAUD OR DISGUISE
BE EMPLOYED. People v. Labuguen
337 SCRA 488 (2000)
Facts: Under the pretext of selling 3 cows to
CRAFT involves intellectual trickery and cunning on
the victim, Labuguen convinced the victim to see the
the part of the accused. It is employed as a scheme in
cows and bring P40,000 with him. The two rode on the
the execution of the crime.
victiims motorcycle and Labuguen lured him to where
e.x. Where the defendants pretended to be
he could divest the victim of his money with the least
constabulary soldiers to gain entry into the place of the
danger of being caught. He then boarded a bus leaving
victims.
the motorcycle of the victim on the side of the road. The
The act of the accused in pretending to be
victims dead body was found on the middle of a rice
bona fide passengers of the taxicab driven by the
field, 50 meters from the service drop of an irrigation
deceased, when they were not so in fact, in order not to
canal.
arouse his suspicion, and then killing him, constituted
Held: The generic aggravating circumstances
craft.
of fraud and craft is present in this case. Craft involves
intellectual trickery and cunning on the part of the
Where craft partakes of an element of the offense, the
offender. When there is a direct inducement by insidious
same may not be appreciated independently for the
words or machinations, fraud is present. By saying that
purpose of aggravation.
he would accompany the victim to see the cows which
the latter intended to buy, appellant was able to lure the
FRAUD insidious words or machinations used to
victim to go with him.
induce the victim to act in a manner which would enable
the offender to carry out his design.
e.x. To enter the house, one of the accused
shouted from the outside that they wanted to buy Par. 15. - THAT (1) ADVANTAGE BE TAKEN OF
cigarettes. SUPERIOR STRENGTH, OR (2) MEANS BE
EMPLOYED TO WEAKEN THE DEFENSE.
There is a hairline distinction between craft and fraud.
(1) SUPERIOR STRENGTH
DISTINCTION: When there is a DIRECT INDUCEMENT
by insidious words or machinations, fraud is present; To TAKE ADVANTAGE of superior strength
otherwise, the act of the accused done in order NOT TO means to use purposely excessive force out of
AROUSE THE SUSPICION of the victim constitutes craft. proportion to the means of defense available to the
person attacked.
DISGUISE resorting to any device to conceal identity. One who attacks another with passion and
ex. Wearing of masks obfuscation dos not take advantage of his superior
strength.
The purpose of the offender in using any device must An attack made by a man with a deadly
be to conceal his identity. weapon upon an unarmed and defenseless woman
constitutes the circumstance of abuse of that superiority
People v. Marquez which his SEX and the WEAPON used in the act afforded
117 SCRA 165 (1982) him, and from which the woman was unable to defend
Facts: Francisca was in their house together herself.
with her children and maid when somebody called in No abuse of superior strength in parricide
front of their window who identified themselves as PC against the wife because it is inherent in the crime. It is
soldiers looking for contraband. The men ordered her to generally accepted that the husband is physically
open up otherwise they will shoot up their house. Then stronger than the wife.
accused Marquez went inside together with other armed There must be evidence that the accused
companions. They took some of their belongings and was physically stronger and that they abused such
one of them even raped Francisca, Leticia (daughter of superiority. The mere fact of there being a superiority in
Francisca) and Rufina (maid). numbers is not sufficient to bring the case within the
aggravating circumstance.
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There is abuse of superior strength when generic circumstance in the imposition of the correct
weapon used is out of proportion to the defense penalty.
available to the offended party.
Abuse of superior strength is absorbed in People v. Padilla
treachery. 233 SCRA 46 (1994)
Abuse of superior strength is aggravating in Facts: Pat. Omega was on duty when Ontuca
coercion and forcible abduction, when greatly in excess approached him asking for help claiming he was being
of that required to commit the offense. maltreated by strangers. They proceeded to the place
where they saw 3 men and a woman. An argument
BY A BAND ABUSE OF SUPERIOR ensued between Ontuca and the 3 men, one of which
STRENGTH was Sgt. Padilla. Omega left but returned when he saw
When the offense is The gravamen of abuse of that the 3 men were ganging up on Ontuca. The latter
committed by more than 3 superiority is the taking was stripped of his service revolver. Ontuca was pursued
armed malefactors advantage by the culprits by Padilla. The former, with only a piece of plywood as a
regardless of the of their collective strength defense, was shot by the latter in the head.
comparative strength of to overpower their weaker Held: The killing was qualified by the AC of
the victim. victims. abuse of superior strength which was alleged in the
information and proved during trial. The abuse of
superior strength is present not only when the offenders
(2) MEANS EMPLOYED TO WEAKEN DEFENSE enjoy numerical superiority, or there is a notorious
inequality of forces between the victim and the
This circumstance is applicable only to aggressor, but also when the offender uses a powerful
crimes against persons and sometimes against person weapon which is out of proportion to the defense
and property, such as robbery with physical injuries or available to the victim as in this case.
homicide.
This AC is absorbed in treachery. People v. Lobrigas
Ex. One who, while fighting with another, 394 SCRA 170 (2002)
suddenly casts sand or dirt upon the latters eyes and Facts: Frank, Marlito, both surnamed Lobrigas
then wounds or kills him, evidently employs means and Mante mauled and box Taylaran who was already 76
which weaken the defense of his opponent. years old. The victim died caused by severe beating and
mauling on the chest portion on the victims body.
People v. Cabato Held: The crime committed was murder
160 SCRA 98(1988) qualified by the aggravating circumstance of abuse of
Facts: The accused with 2 other men who are superior strength. To appreciate abuse of superior
still at large, armed with firearms and stones and using strength, there must be a deliberate intent on the part
face masks, entered the dwelling of the victim. They of the malefactors to take advantage of their greater
held the victim tight as well as the wife, who was able to number. They must have notoriously selected and made
scratch the face of the masked man, and as a result was use of superior strength in the commission of the crime.
able to identify the accused. Not satisfied with the To take advantage of superior strength is to use
money given by the couple, the two unknown robbers excessive force that is out of proportion to the means for
hit the victim with stone at the back of his head and the self-defense available to the person attacked; thus, the
accused did the same to the wife which caused her prosecution must clearly show the offenders' deliberate
death. The prosecution argued that since the attack was intent to do so.
by a robust man of 29 years with a huge stone against
an ageing defenseless human, abuse of superior
strength should aggravate the crime.
Held: The prosecution failed to prove that People v. Barcelon
there was indeed a notorious inequality between the 398 SCRA 556(2002)
ages, sizes and strength of the antagonists and that Facts: Barcelon went inside the house of
these notorious advantages were purposely sought for Amador. Thereafter, accused strangled and stabbed the
or used by the accused to achieve his ends. victim with a knife. Amador died as a result. At the time
the crime was committed, Amador was a 69 year-old
People v. Ruelan woman and Barcelon was only 29 years old.
231 SCRA 650(1994) Held: Abuse of superior strength was present
Facts: Ruelan (20 yrs old) was hired by the in the commission of the crime. The court cited the case
spouses Ricardo and Rosa (76 yrs old) to help them sell of People vs. Ocumen, where an attack by a man with a
and deliver rice to their customers. One day, Rosa asked deadly weapon upon an unarmed woman constitutes the
Ruelan to accompany her in opening their store in the circumstance of abuse of that superiority which his sex
public market; she also ordered him to bring a sack and and the weapon used in the act afforded him, and from
an axe. When they were about to leave the premises, which the woman was unable to defend herself.
the house dog got loose and went towards the street. The disparity in age between the assailant and
Rosa got angry and scolded Ruelan. Ruelan pleaded her the victim, aged 29 and 69, respectively, indicates
to stop but Rosa did not so Ruelan struck her behind her physical superiority on appellant's part over the
right ear, causing her to fall face down. He left her in a deceased. It did not matter that appellant was "dark"
grassy portion beside the street and fled. He with a "slim body build" or "medyo mataba." What
surrendered to the police after 2 days. mattered was that the malefactor was male and armed
Held: Although abuse of superior strength was with a lethal weapon that he used to slay the victim.
proven since Ruelan was only 20 years old whereas his
victim was 76 years old already, this was not pleaded in People v. Sansaet
the information, hence, it shall only be considered as a 376 SCRA 426 (2002)
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Facts Uldarico was drinking with 15 other men b. That the offender consciously
that include the Sansaet brothers, Rogelio, Leopoldo and adopted the particular means, method or form
Silverio. Because of a bad joke that cropped up, verbal of attack employed by him.
exchanges ensued. Thereafter, Rogelio and Uldarico Treachery does not connote the element of surprise
started hacking each other with bolos. Silverio and alone.
Leopolo positioned themselves behind the victim and There is no treachery when the attack is preceded by a
also hacked him. Uldarico retaliated wounding Silverio. warning or the accused gave the deceased a chance to
Rogelio then hacked Uldarico a 2 nd time. Leopoldo and prepare.
Rogelio continued hacking Uldarico when the latter fell. The qualifying circumstance of treachery may not be
They then dragged Uldarico towards the river and there simply deduced from presumption as it is necessary that
they each twice hacked Uldarico resulting to his death. the existence of this qualifying or aggravating
Held: Mere superiority in number, even circumstance should be proven as fully as the crime
assuming it to be a fact, would not necessarily indicate itself in order to aggravate the liability or penalty
the attendance of abuse of superior strength. The incurred by the culprit.
prosecution should still prove that the assailants
purposely used excessive force out of proportion to the RULES REGARDING TREACHERY
means of defense available to the persons attacked. a. Applicable only to crimes against
Finally, to appreciate the qualifying persons.
circumstance of abuse of superior strength, what should b. Means, methods or forms need
be considered is whether the aggressors took advantage not insure accomplishment of crime.
of their combined strength in order to consummate the c. The mode of attack must be
offense. To take advantage of superior strength means consciously adopted.
to purposely use excessive force out of proportion to the
means available to the person attacked to defend Mere suddenness of the attack is not enough to
himself. In the case at bar, the victim Uldarico de Castro constitute treachery. Such method or form of attack
was the one who picked a fight with the accused- must be deliberately chosen by the accused.
appellants because he did not like the joke by one of the
accused-appellants. There was no evidence to show that ATTACKS SHOWN INTENTION TO ELIMINATE
the accused-appellants purposely sought and took RISK:
advantage of their number to subdue the victim. a. Victim asleep
b. Victim half-awake or just awakened
People v. Ventura c. Victim grappling or being held.
433 SCRA 389 (2004) d. Attacked from behind
Facts: Ventura armed with a .38 Caliber Home-
made Revolver and Flores armed with a bladed weapon, There is treachery in killing a child because the
entered the house of the Bocatejas by cutting a hole in weakness of the victim due to his tender age results in
the kitchen door. Ventura announced a hold-up and hit the absence of any danger to the accused.
Jaime on the head and asked for the keys. Jaime called
out for help and tried to wrestle the gun away from ADDITIONAL RULES:
Ventura. Flores then stabbed Jaime 3 times. Flores also 1. When the aggression is CONTINUOUS,
stabbed Jaimes wife Aileen who had been awakened. treachery must be present in the BEGINNING
Aileen tried to defend herself with an elecrtric cord to of the assault.
no avail. Aileen died on the hospital on the same day. 2. When the assault WAS NOT CONTINUOUS, in
Held: By deliberately employing a deadly that there was an interruption, it is sufficient
weapon against Aileen, Flores took advantage of the that treachery was present AT THE MOMENT
superiority which his strength, sex and weapon gave THE FATAL BLOW WAS GIVEN.
him over his unarmed victim. The fact that Aileen
attempted to fend off the attack on her and her husband In treachery, it makes no difference whether or not
by throwing nearby objects, such as an electric cord, at the victim was the same person whom the accused
appellant Flores does not automatically negate the intended to kill.
possibility that the latter was able to take advantage of When it is NOT SHOWN that the principal by induction
his superior strength directed the killer of the deceased to adopt the means or
methods actually used by the latter in accomplishing the
Par. 16. - THAT THE ACT BE COMMITTED WITH murder, because the former left to the latter the details
TREACHERY (ALEVOSIA). as to how it was to be accomplished, treachery cannot
be taken into consideration as to the principal by
induction.
TREACHERY means that the offended party
was not given opportunity to make a defense.
There is treachery when the offender TREACHERY ABUSE OF MEANS
commits any of the crimes against the person, SUPERIOR EMPLOYED TO
employing means, methods or forms in the execution STRENGTH WEAKEN
thereof which tend directly and specially to insure its DEFENSE
execution, without risk to himself arising from the The means, The offender The offender,
defense which the offended party might make. methods or does not employ like in treachery,
forms of attack means, methods employs means
REQUISITES: are employed to or forms of but the means
a. That at the time of the attack, make it attack; he only employed only
the victim was not in a position to defend impossible or takes advantage materially
himself; and hard for the of his superior weakens the
offended party strength. resisting power
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to defend of the offended without risk to himself arising from the defense which
himself. party. the offended party might make. In the case, the
evidence on record reveals that at the time of the
When there is conspiracy, treachery is considered shooting incident, the victims were at the porch of their
against all the offenders. house totally unaware of the impending attack. In
Treachery, evident premeditation and use of superior addition, they were all unarmed thus unable to mount a
strength are, by their nature, inherent in the offense of defense in the event of an attack. The use of disguise
treason. was likewise correctly appreciated as an aggravating
circumstance in this case. There could be no other
Treachery absorbs abuse of superior strength, aid of possible purpose for wearing a bonnet over appellants
armed men, by a band and means to weaken the face but to conceal his identity
defense.
People v. Umayam
Nighttime and craft are absorbed in treachery except if 381 SCRA 323 (2002)
treachery rests upon an independent factual basis. Facts: Umayam and the victim, Mendoza were
living as husband and wife in a shanty erected inside a
Treachery is inherent in murder by poisoning. compound owned by Velasquez. During the couples stay
in the compound, Velasquez would notice them
Treachery cannot co-exist with passion and frequently quarelling and Mendoza on occasions would
obfuscation. run to Velasquez for help for the beatings inflicted on
her by her husband. Velasquez then noticed a foul odor
PP vs. Calinawan (Treachery) emanating from the couples shanty which he at first
G.R. no. 226145 Feb 13, 2017 thought to be that of a poultry feed or kaning baboy.
With the assistance of the police who broke the shantys
Facts: Janices seven year old daughter saw walls, the decomposing body of Mendoza was found
Calinawan stabbing her mother in their kitchen. inside. The trial court found Umayam guilty of murder.
Thereafter, Calinawan quickly fled the scene. Janice told Held: The qualifying circumstance of treachery
his husband that Calinawan stabbed her. After three was not established with concrete evidence. The
days, Janice died due to the severity of the injuries. circumstantial evidence on record does not clearly show
that there was any conscious and deliberate effort on
Held: The following elements must be the part of the accused to adopt any particular means,
established before the existence of treachery may be method or form of attack to ensure the commission of
appreciated: (a) at the time of the attack, the victim the crime without affording the victim any means to
was not in a position to defend himself; and (b) the defend herself. The conclusion that there was treachery
accused consciously and deliberately adopted the can hardly be gleaned because the victim and Umayam
particular means, methods, or forms of attack employed were inside their shanty and no one witnessed how the
by him. The suddenness or unexpectedness alone, killing took place. Notably, the medical findings of the
however, of the attack is insufficient to support the victim's cadaver show, contusions on her arms and legs,
finding of treachery. Other than Marigor's first-hand indicating that there may have been a quarrel prior to
account, no other witness actually saw the stabbing the stabbing. This reasonably negates treachery.
incident. Obviously, her narration of the events that
unfolded was crucial in determining how the killing was People v. Piedad
perpetrated because she was the only one who actually 393 SCRA 488 (2002)
saw its execution. Her testimony, however, was lacking The essence of treachery is a deliberate and
in details; thus, it is insufficient to conclude that the sudden attack, affording the hapless, unarmed and
killing was attended with treachery. Absent clear and unsuspecting victim no chance to resist or to escape.
convincing evidence on how the attack was perpetrated, While it is true that the victim herein may have been
the conclusion that there was treachery is nothing more warned of a possible danger to his person, since the
but an assumption. It is unfortunate that the particular victim and his companion headed towards their
means, manner or method of attack was never clearly residence when they saw the group of accused-
illustrated in her testimony leaving the evidence for appellants coming back for them after an earlier quarrel
murder wanting. just minutes before, in treachery, what is decisive is that
the attack was executed in such a manner as to make it
People vs. Sibbu impossible for the victim to retaliate.
G.R. No. 214757 March 29, 2017 In the case at bar, Mateo did not have any chance of
defending himself from the accused-appellant's
Facts: Bryan saw from a distance a person in concerted assault, even if he was forewarned of the
camouflage uniform with a long firearm slung across his attack. Mateo was obviously overpowered and helpless
chest and a black bonnet over his head. Bryan also saw when accused-appellants' group numbering around
two men in crouching position at a distance of three eight, ganged up and mauled him. Luz came to Mateo's
meters away from the appellant. Fearing the worst, succor by embracing him and pacifying his aggressors,
Bryan shouted a warning to his family. Appellant then but accused-appellants were unrelenting. More
fired upon them killing three persons. The RTC found the importantly, Mateo could not have actually anticipated
accused guilty beyond reasonable doubt of murder and the sudden landing of a large concrete stone on his
attempted murder. The CA affirmed the RTCs decision. head. The stone was thus treacherously struck. Neither
could the victim have been aware that Lito came up
Held: Treachery is present when the offender beside him to stab his back as persons were beating him
commits any of the crimes against person, employing from every direction. Lito's act of stabbing the victim
means, methods, or forms in the execution thereof with a knife, inflicting a 15-cm deep wound shows
which tend directly and specially to insure its execution, deliberate intent of using a particular means of attack.
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Considering the location of the injuries sustained by the Romeo fell to the ground while appellant quickly ran
victim and the absence of defense wounds, Mateo away from the scene.
clearly had no chance to defend himself. Held: The appellants sudden attack on Romeo
amply demonstrates that treachery was employed in the
People v. Dumadag commission of the crime. It is of no consequence that
432 SCRA 65 (2004) appellant was in front of Romeo when he thrust the
Facts: Prudente with his friends including knife to his torso. Records show that appellant initially
Meliston agreed to meet at a swimming pool to celebrate came from behind and then attacked Romeo from the
the feast of St. John. On their way home, there was front. In any event, "[e]ven a frontal attack could be
heavy downpour so they decided to take a shelter at a treacherous when unexpected and on an unarmed victim
store where 2 men, 1 of whom is Dumadag are having who would be in no position to repel the attack or avoid
some drinks. Dumadag offered Prudente a drink of it," as in this case. Undoubtedly, the RTC and CA
Tanduay but the latter refused then left. Dumadag correctly held that the crime committed was murder
followed Prudente and stabbed the victim on his breast under Article 248 of the RPC by reason of the qualifying
with a knife which resulted to his death. circumstance of treachery.
Held: As a general rule, a sudden attack by the
assailant, whether frontally or from behind, is treachery People v. Libre
if such mode of attack was deliberately adopted by him G.R. No. 192790 (2016)
with the purpose of depriving the victim of a chance to There is treachery when the killing was
either fight or retreat. The rule does not apply if the committed through an unexpected and sudden attack
attack was not pre-conceived but merely triggered by which renders the victim unable and unprepared to put
infuriation of the appellant on an act made by the up a defense.
victim. In the present case, it is apparent that the attack There is treachery when the offender commits
was not preconceived. It was triggered by the any of the crimes against the person, employing means,
appellant's anger because of the victim's refusal to have methods or forms in the execution thereof which tend
a drink with the appellant and his companions. directly and specially to insure its execution, without risk
to himself arising from the defense which the offended
People v. Rebucan party might make. The essence of treachery is that the
G.R. No. 182551 (2011) attack comes without a warning and in a swift,
Facts: Carmela stated that at the time of the deliberate, and unexpected manner, affording the
incident, she was playing with a toy camera inside the hapless, unarmed, and unsuspecting victim no chance to
house and she was situated beside a chicken cage, near resist or escape.
a bench. Felipe, her grandfather was also there near the Respondents attack was well-planned and the
bench and he was carrying Ranil, her brother, in his series of events that transpired clearly established
right arm. Accused-appellant then came inside the conspiracy among them. First, the perpetrators
house in a sudden manner. She insisted that Ranil was undoubtedly acted in concert as they went to the house
carried by Felipe when the accused-appellant entered of Ruben together, each with his own firearms. Second,
the house. She said that no fight or altercation occurred the perpetrators used Lucy Sabando and her child to
between Felipe and the accused-appellant. After Felipe trick Ruben and ensure that he will come out of the
was hacked, he immediately ran outside of the house clueless to their presence. Third, after a moment
house. Carmela and Jericho then ran to the back of the of struggling, Caman immediately shot Ruben Barte at
house. the back. Fourth, perpetrators simultaneously strafed
Held: The abruptness of the unexpected Barte's house for a long period to ensure that those
assault rendered Felipe defenseless and deprived him of inside the house are likewise killed. Fifth, despite Juanita
any opportunity to repel the attack and retaliate. As Barte's plea to stop shooting as there were children with
Felipe was carrying his grandson Ranil, the child them, the shooting continued thus manifesting clear
unfortunately suffered the same fatal end as that of his intent to kill. Lastly, when they ceased firing, they
grandfather. In the killing of Ranil, the trial court rested at the same time and fled together. The
likewise correctly appreciated the existence of suddenness and unexpectedness of the assault deprived
treachery. The said circumstance may be properly the victims of an opportunity to resist it or offer any
considered, even when the victim of the attack was not defense of their persons. Clearly, the victims were
the one whom the defendant intended to kill, if it unaware that they would be attacked by accused with a
appears from the evidence that neither of the two hail of bullets from their firearms. In fact, they were
persons could in any manner put up defense against the already in bed when Lucy Sabando called for help which
attack or become aware of it. Furthermore, the killing of prompted Ruben Barte to come out of the house. Hence,
a child is characterized by treachery even if the manner the subsequent shooting was deliberate, unexpected,
of assault is not shown. For the weakness of the victim swift and sudden which foreclosed any escape,
due to his tender years results in the absence of any resistance or defense coming from the victims.
danger to the accused.
People v. Oandasan
People v. Amora G.R. No. 194605 (2016)
G.R. No. 190322 (2014) Facts: Three informations were filed against
Facts: Anselmo, Aurelio, and the victim Romeo Oandasan, two of which were for murder involving the
were walking on their way to Sampol Market in San Jose fatal shooting of Tamanu and Montegrico, and the third
Del Monte City. As they were making their way to the was for frustrated homicide involving the near-fatal
market, they saw appellant in his store located on the shooting of Paleg alleging treachery in all the
right side of the street. Suddenly, appellant rushed informations. The trial court properly appreciated the
towards them and stabbed Romeo twice - one on the attendance of treachery and pronounced that Oandasan
chest and another on the abdomen. They were all guilty of murder for the fatal shooting of Montegrico.
caught by surprise due to the suddenness of the attack. However, the trial court pronounced Oandasan guilty of
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homicide for killing Tamanu and frustrated homicide as treachery should not be appreciated, for in that
to the wounding of Paleg, on the basis that treachery situation, the assailant was filled with anger and rage
was not shown to be attendant which was affirmed by and excitement, and had no time to reflect on his
the CA. actions; in other words, he could not be shown to have
Held: Treachery is also attendant in the consciously adopted the mode of attacking the victim
shooting of Tamanu and Paleg The evidence in this case from behind to facilitate the killing without risk to
shows that the attack was unexpected and swift. himself.
Montegrico and his friends were just drinking outside the
bunkhouse when the appellant suddenly appeared from People v. Berk
the back of a dump truck, walked towards their table G.R. No. 204896 (2016)
and, without any warning, fired at Montegrico. This shot Facts: Berk and his co-accused Serencio were
was followed by more shots directed at Montegrico's charged with Murder for the death of Disu. During
friends, Tamanu and Paleg. Indisputably, Montegrico arraignment, Berk pleaded not guilty to the crime
was caught off guard by the sudden and deliberate charged. Serencio remains at large. After trial, the RTC
attack coming from the appellant, leaving him with no gave credence to the eyewitness accounts of Marbie and
opportunity to raise any defense against the attack. Loreto of Berks liability in the killing of the victim and
Also, appellant deliberately and consciously adopted his found him guilty of Murder, qualified by treachery which
mode of attack by using a gun and made sure that was affirmed by the Court of Appeals.
Montegrico, who was unarmed, would have no chance to Held: In the prosecution of the crime of
defend himself. Hence, the accused is guilty of two murder as defined in Article 248 of the Revised Penal
counts of murder and one count of frustrated murder. Code (RPC), the following elements must be established
by the prosecution: (1) that a person was killed; (2)
People v. Buenafe that the accused killed that person; (3) that the killing
G.R. No. 212930 (2016) was attended by treachery; and (4) that the killing is not
Facts: Appellant and two (2) unidentified men infanticide or parricide.
alighted from a vehicle and thereafter, while Rommel The prosecution ably established the presence
was unwarily texting inside a tent, the two men of the element of treachery as a qualifying circumstance.
suddenly restrained his arms behind his back. The shooting of the unsuspecting victim was sudden and
Subsequently, appellant approached Rommel and unexpected which effectively deprived her of the chance
delivered several blows to his abdomen until he to defend herself or to repel the aggression, insuring the
crumpled to the ground. After which, appellant walked commission of the crime without risk to the aggressor
towards a nearby hut while the two men dragged and without any provocation on the part of the victim.
Rommel. Inside the hut, appellant shot the victim using
a lead pipe ("sumpak"). People v. Zaldy Salahuddin (supra)
Held: In this case, the victim was merely The essence of treachery is the sudden attack
unwarily texting inside the tent when the two men held by the aggressor without the slightest provocation on
him from behind so that the appellant can deliver blows the part of the victim, depriving the latter of any real
to his abdomen. The victim was too unprepared and chance to defend himself, thereby ensuring the
helpless to defend himself against these three men. commission of the crime without risk to the aggressor.
Furthermore, appellant's acts of dragging him to the Two conditions must concur for treachery to exist,
nearby hut and using a lead pipe (sumpak) evidently namely, (a) the employment of means of execution gave
shows that he consciously adopted means to ensure the the person attacked no opportunity to defend himself or
execution of the crime. Thus, treachery is appreciated. to retaliate; and (b) the means or method of execution
was deliberately and consciously adopted.
Rustia v. People
G.R. No. 208351 (2016)
There is no treachery when the killing was Par. 17. - THAT MEANS BE EMPLOYED OR
committed during the heat of an argument. CIRCUMSTANCES BROUGHT ABOUT WHICH ADD
Treachery exists when the following elements IGNOMINY TO THE NATURAL EFFECTS OF THE ACT.
are present: (a) at the time of the attack, the victim was
not in a position to defend himself; and (b) the accused
IGNOMINY it is a circumstance pertaining to the
consciously and deliberately adopted the particular
moral order, which adds disgrace and obloquy to the
means, methods, or forms of attack employed by him.
material injury caused by the crime.
Thus, it is not sufficient that the victim was unable to
defend himself. It must be clearly shown that the
This AC is applicable to crimes against chastity and
accused consciously adopted such mode of attack to
persons.
facilitate the perpetration of the killing without risk to
himself. Since the killing of the victim was committed in
When the accused raped a woman after winding cogon
the heat of their argument, it is quite clear that
grass around his genital organ, he thereby augmented
Benjamin, Jr. had not consciously adopted his mode of
the wrong done by increasing its pain and adding
attack in killing the victim. The fact remains that it was
ignominy thereto (People v. Torrefiel).
the victim who had brought the gun to the meeting. To
* NOTE: According to Professor Ambion, this is
establish the attendance of treachery in such an
not ignominy but cruelty.
environment, the Prosecution's evidence must
competently and convincingly show that the accused
The means employed or the circumstances brought
made some preparation to kill the victim; hence, a
about must tend to make the effects of the crime MORE
killing done at the spur of the moment cannot be
HUMILIATING or TO PUT THE OFFENDED PARTY TO
treacherous. Even where the victim was shot from
SHAME.
behind, if the shooting was done in the course of a
ex. When the accused raped a married woman
heated argument between the victim and the assailant,
in the presence of her husband.
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Accordingly, there shall be incorporated into Title Eight of (9) When the offender knew of the pregnancy of
the same Code a new chapter to be known as Chapter Three the offended party at the time of the commission of the
on Rape, to read as follows: crime.
"Chapter Three Rape" (10) When the offender knew of the mental
disability, emotional disorder and/or physical handicap of the
Article 266-A. Rape: When and How Committed. - Rape is offended party at the time of the commission of the crime.
Committed- Rape under paragraph 2 of the next preceding
article shall be punished by prision mayor.
1) By a man who shall have carnal knowledge of a Whenever the rape is committed with the use of a deadly
woman under any of the following circumstances: weapon or by two or more persons, the penalty shall be
prision mayor to reclusion temporal.
a) Through force, threat, or intimidation; When by reason or on the occasion of the rape,
b) When the offended party is deprived of reason the victim has become insane, the penalty shall be reclusion
or otherwise unconscious; temporal.
c) By means of fraudulent machination or grave When the rape is attempted and a homicide is
abuse of authority; committed by reason or on the occasion thereof, the penalty
d) When the offended party is under twelve (12) shall be reclusion temporal to reclusion perpetua.
years of age or is demented, even though none of the When by reason or on the occasion of the rape,
circumstances mentioned above be present; homicide is committed, the penalty shall be reclusion
perpetua.
2) By any person who, under any of the Reclusion temporal shall also be imposed if the
circumstances mentioned in paragraph 1 hereof, shall rape is committed by any of the ten aggravating/qualifying
commit an act of sexual assault by inserting his penis into circumstances mentioned in this article.
other person's mouth or anal orifice, or any instrument or
object, into the genital or anal orifice of another person. Article 266-C. Effect of Pardon - The subsequent
valid marriage between the offender and the offended party
Article 266-B. Penalties. - Rape under paragraph 1 of the shall extinguish the criminal action or the penalty imposed.
next preceding article shall be punished by reclusion In case it is the legal husband who is the offender, the
perpetua. subsequent forgiveness by the wife as the offended party
Whenever the rape is committed with the use of a shall extinguish the criminal action or the penalty. Provided,
deadly weapon or by two or more persons, the penalty shall That the crime shall be extinguish or the penalty shall not be
be reclusion perpetua to death. abated if the marriage is void ab initio.
When by reason or on the occasion of the rape,
the victim has become insane, the penalty shall be reclusion Article 266-D. Presumptions. - Any physical
perpetua to death. overt act manifesting resistance against the act of rape in
When the rape is attempted and a homicide is any degree from the offended party, or where the offended
committed by reason or on the occasion thereof, the penalty party is so situated as to render her/him incapable of giving
shall be reclusion perpetua to death. valid consent, may be accepted as evidence in the
When by reason or on the occasion of the rape, prosecution of the acts punished under Article 266-A."
homicide is committed, the penalty shall be death. SECTION 3. Separability Clause.- If any part, section, or
The death penalty shall also be imposed if the provision of this Act is declared invalid or unconstitutional,
crime of rape is committed with any of the following the other parts thereof not affected thereby shall remain
aggravating/qualifying circumstances: valid.
1) When the victim is under eighteen (18) years of
age and the offender is a parent, ascendant, step-parent, SECTION 4. Repealing Clause.- Article 335 of Act No.
guardian, relative by consanguinity or affinity within the 3815, as amended, and all laws, acts presidential decrees,
third civil degree, or the common-law spouse of the parent executive orders, administrative orders, rules and
of the victim. regulations, inconsistent with or contrary to the provisions of
2) When the victim is under the custody of the this Act are deemed amended, modified or repealed
police or military authorities or any law enforcement of penal accordingly.
institution.
3) When the rape is committed in full view of the SECTION 5. Effectivity. - This Act shall take effect fifteen
spouse, parent, any of the children or other relatives within (15) days after completion of its publication in two (2)
the third civil degree of consanguinity. newspapers of general circulation.
4) When the victim is a religious engaged in
legitimate religious vocation or calling and is personally Under Republic Act No. 10591, otherwise
known to be such by the offender before or at the time of
known as the Comprehensive Firearms and
the commission of the crime.
Ammunition Regulation Act:
(5) When the victim is a child below seven (7)
years old.
(6) When the offender knows that he is afflicted If the use of a loose firearm is inherent in the
with Human Immune-Deficiency Virus (HIV)/Acquired commission of a crime punishable under the RPC or
Immune Deficiency Syndrome (AIDS) or any other sexually other special laws the use of loose firearm is an
transmissible disease and the virus or disease is transmitted aggravating circumstance. Hence, the penalty for the
to the victim. use of a loose firearm is not imposed (Sec. 29).
(7) When committed by any member of the Armed
Forces of the Philippines or paramilitary units thereof or the However, if the crime is committed by the
Philippine National Police or any law enforcement agency or person without using the loose firearm, the violation of
penal institution, when the offender took advantage of his this law shall be considered as a distinct and separate
position to facilitate the commission of the crime. offense (Sec. 29).
(8) When by reason or on the occasion of the
rape, the victim suffered permanent physical mutilation or Under the Republic Act No.9165 otherwise
disability.
known as the Comprehensive Dangerous Drugs
Act of 2002:
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Relationship is mitigating in trespass to dwelling. - This clause means that the offenders mental
faculties must be affected by drunkenness.
Relationship is neither mitigating nor aggravating, - The accuseds state of intoxication must be
when relationship is an element of the offense. proved.
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Not illiteracy alone, but also lack of sufficient People v. Lua Chu and Uy Se Ting
intelligence are necessary to invoke the benefit of the 56 Phil. 44 (1931)
alternative circumstance of lack of instruction, the Facts: Samson was the chief of customs secret
determination of which is left to the trial court. service in Cebu and Natividad was the former collector
of customs. He was instructed to make sure that the
Lack of sufficient instruction is not mitigating when the shipment containing opium shall be unloaded in the
offender is a city resident who knows how to sign his country. He went along the plan and then he informed
name. the Philippine Constabulary of all that had taken place
and they discussed a plan to capture the opium owners.
Lack of instruction must be proved positively and Held: The mere fact that the chief of customs
directly and cannot be based on mere deduction or secret service pretended to agree to a plan for
inference. smuggling illegally imported opium through the
customhouse, in order the better to assure the seizure
The question of lack of instruction cannot be raised for of said opium and the arrest of its importers, is no bar to
the first time in appellate court. the prosecution and conviction of the accused.
Samson did not induce nor instigate the
Ordinarily, LOW DEGREE OR LACK OF INSTRUCTION accused to import the opium but merely pretended to
IS MITIGATING IN ALL CRIMES. have an understanding with the collector of customs.
Exceptions: There is nothing immoral in this or against the public
(1) crimes against property such as estafa, theft, good which should prevent the government from
robbery arson except theft of large cattle and robbery prosecuting and punishing the culprits, for this is not a
with homicide. case where an innocent person is induced to commit a
(2) crimes against chastity crime merely to prosecute him, but it is simply a trap
(3) treason: because love of country should be a set to catch a criminal.
natural feeling of every citizen, however unlettered or
uncultured he may be Araneta v. CA
(4) murder: because to kill is forbidden by 142 SCRA 532 (1986)
natural law which every rational being is endowed to Facts: Atty. Araneta was the hearing officer of
know and feel. the Dept. of Labor in Cabanatuan while Mrs. Yoyongco is
the widow of a government employee. The latter went to
HIGH DEGREE OF INSTRUCTION, AS AGGRAVATING see Araneta regarding her claim for death compensation
and Araneta asked for P100 for her claim to be
Degree of instruction is aggravating when the processed. The widow reported this to the PC and the PC
offender availed himself or took advantage of it in decided to entrap Araneta. The entrapment was
committing the crime. successful and Atty. Araneta was charged for violating
the anti-graft law.
ABSOLUTORY CAUSES AND OTHER Held: Entrapment is not a defense in a criminal
case. It is different from instigation. There is instigation
SPECIAL SITUATIONS when the accused was induced to commit the crime. In
entrapment, the mens rea originates from the mind of
Absolutory causes are those where the act the criminal. Entrapment does not exempt the criminal
committed is a crime but for reasons of public policy and from liability.
sentiment there is no penalty imposed.
People v. Pacis
a. ENTRAPMENT AND INSTIGATION 384 SCRA 684 (2002)
Facts: Atty. Yap, supervising agent of the
ENTRAPMENT INSTIGATION Dangerous Drugs Division-NBI, received information that
Ways and means are The instigator practically Pacis was offering to sell kg of "shabu." A buy-bust
resorted to for the purpose induces the would-be operation was approved. Yap and Senior Agent Congzon,
of trapping and capturing accused into the Jr., were assigned to handle the case. Yap, Congzon
the lawbreaker in the commission of the offense and the informant then went to the house of Pacis. The
execution of his criminal and himself becomes a co- informant introduced Yap to Pacis as interested buyer.
plan principal. They negotiated the sale of kg of shabu. It was
The means originate from The law enforcer conceives agreed that payment and delivery of shabu would be
the mind of the criminal. the commission of the made on the following day. The next day, the NBI
crime and suggests to the agents and the informant went to Pacis's house as
accused who adopts the agreed. Pacis handed to Yap a paper bag with markings
idea and carries it into "yellow cab". When he opened the bag, Yap found a
execution. transparent plastic bag with white crystalline substance
A person has planned or is A public officer or a private inside. While examining it, Pacis asked for the payment.
about to commit a crime detective induces an Yap instructed Congzon to get the money from the car.
and ways and means are innocent person to commit Congzon returned and gave the "boodle money" to Atty.
resorted to by a public a crime and would arrest Yap who handed the money to Pacis. Upon Pacis' receipt
officer to trap and catch him upon or after the of the payment, the officers identified themselves as NBI
the criminal. commission of the crime agents and arrested him.
by the latter. Held: The operation that led to the arrest of
Not a bar to the The accused must be appellant was an entrapment, not an instigation. In
prosecution and conviction acquitted. entrapment, ways and means are resorted to for the
of the lawbreaker. purpose of trapping and capturing lawbreakers in the
execution of their criminal plan. In instigation on the
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other hand, instigators practically induce the would-be accessories shall not be imposed upon those who are
defendant into the commission of the offense and such with respect to their spouses, ascendants,
become co-principals themselves. It has been held in descendants, legitimate, natural, and adopted brothers
numerous cases by this Court that entrapment is and sisters, or relatives by affinity within the same
sanctioned by law as a legitimate method of degrees, with the single exception of accessories falling
apprehending criminal elements engaged in the sale and within the provisions of paragraph 1 of the next
distribution of illegal drugs. preceding article.
b. EFFECT OF PARDON
Art. 247. Death or physical injuries inflicted
under exceptional circumstances. Any legally
RPC, Art. 23. Effect of pardon by the offended married person who having surprised his spouse in the
party. A pardon of the offended party does not act of committing sexual intercourse with another
extinguish criminal action except as provided in Article person, shall kill any of them or both of them in the act
344 of this Code; but civil liability with regard to the or immediately thereafter, or shall inflict upon them any
interest of the injured party is extinguished by his serious physical injury, shall suffer the penalty of
express waiver. destierro.
If he shall inflict upon them physical injuries of
any other kind, he shall be exempt from punishment.
R.A. No. 8353. Anti-Rape Law of 1997. These rules shall be applicable, under the same
Article 266-C. Effect of Pardon - The circumstances, to parents with respect to their
subsequent valid marriage between the offender and the daughters under eighteen years of age, and their
offended party shall extinguish the criminal action or the seducer, while the daughters are living with their
penalty imposed. parents.
In case it is the legal husband who is the offender, the Any person who shall promote or facilitate the
subsequent forgiveness by the wife as the offended prostitution of his wife or daughter, or shall otherwise
party shall extinguish the criminal action or the penalty. have consented to the infidelity of the other spouse shall
Provided, That the crime shall be extinguish or the not be entitled to the benefits of this article.
penalty shall not be abated if the marriage is void ab
initio. Art. 280. Qualified trespass to dwelling.
Any private person who shall enter the dwelling of
A pardon by the offended party does not another against the latter's will shall be punished by
extinguish criminal action because a crime is an offense arresto mayor and a fine not exceeding 1,000 pesos.
against the State. In criminal cases, the intervention of If the offense be committed by means of violence or
the aggrieved parties is limited to being witnesses for intimidation, the penalty shall be prision correccional in
the prosecution. its medium and maximum periods and a fine not
Compromise does not extinguish criminal liability. exceeding 1,000 pesos.
The offended party in crimes of adultery and The provisions of this article shall not be
concubinage cannot institute criminal prosecution, if he applicable to any person who shall enter another's
shall have consented or pardoned the offenders. dwelling for the purpose of preventing some serious
- the pardon here may be implied, as harm to himself, the occupants of the dwelling or a third
continued inaction of the offended party after learning person, nor shall it be applicable to any person who shall
the offense. enter a dwelling for the purpose of rendering some
- both offenders must be pardoned by the service to humanity or justice, nor to anyone who shall
offended party. enter cafes, taverns, inn and other public houses, while
the same are open.
c. ABSOLUTORY CAUSES
Art. 332. Persons exempt from criminal
Art. 6(3). - There is an attempt when the offender liability. No criminal, but only civil liability, shall
commences the commission of a felony directly or over result from the commission of the crime of theft,
acts, and does not perform all the acts of execution swindling or malicious mischief committed or caused
which should produce the felony by reason of some mutually by the following persons:
cause or accident other than this own spontaneous 1. Spouses, ascendants and descendants, or
desistance. relatives by affinity in the same line.
2. The widowed spouse with respect to the
Art. 7. When light felonies are punishable. property which belonged to the deceased spouse before
Light felonies are punishable only when they have been the same shall have passed into the possession of
consummated, with the exception of those committed another; and
against person or property. 3. Brothers and sisters and brothers-in-law and
sisters-in-law, if living together.
Art. 16. Who are criminally liable. The The exemption established by this article shall
following are criminally liable for grave and less grave not be applicable to strangers participating in the
felonies: commission of the crime.
1. Principals.
2. Accomplices. Art. 344. Prosecution of the crimes of adultery,
3. Accessories. concubinage, seduction, abduction, rape and acts
of lasciviousness. The crimes of adultery and
Art. 20. Accessories who are exempt from concubinage shall not be prosecuted except upon a
criminal liability. The penalties prescribed for complaint filed by the offended spouse.
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Art. 16. Who are criminally liable. The When a single individual commits a crime, there is
following are criminally liable for grave and less grave no difficulty in determining his participation in the
felonies: commission thereof.
1. Principals. But when 2 or more persons are involved, it is
2. Accomplices. necessary to determine the participation of each.
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principal by inducement.
The inducement involves The proposal to be
People v. Dacillo (supra) any crime punishable must involve
Facts: Pacot stabbed and strangled Rosemarie only treason or rebellion.
leading to the latters death. Dacillo for his part, hold
down Rosemaries legs to prevent her from struggling. EFFECTS OF ACQUITTAL OF PRINCIPAL BY DIRECT
The two men stopped only when they were sure that the PARTICIPATION UPON THE LIABILITY OF
victim was already dead. Dacillo then encase her corpse PRINCIPAL BY INDUCEMENT
in cement. 1) Conspiracy is negated by the acquittal of co-
Held:. Two or more persons taking part in the defendant.
commission of a crime are considered principals by 2) One cannot be held guilty of having instigated
direct participation if the following requisites are the commission of a crime without first being
present: 1. they participated in the criminal resolution shown that the crime has been actually
and 2. they carried out their plan and personally took committed by another.
part in its execution by acts which directly tended to the
same end. Both requisites were met in this case. Further People v. Dela Cruz
Dacillos admission that he participated in the 97 SCRA 385 (1980)
commission of the crime by holding Rosemaries legs Facts: Dela Cruz met with Salip and a
made him a principal by direct participation. couple of other men when he proposed to them the
killing of Antonio Yu and the kidnapping of the latters
PAR. 2. PRINCIPALS BY INDUCTION brother for a ransom. A group of men sailed for Basilan
where they met with Salip. They proceeded to the
Those who directly force or induce others to accuseds house where the accused informed the group
commit it. of the whereabouts of the Chinese brothers and other
The principal by induction becomes liable details of the plan. The group was able to kidnap and
only when the principal by direct participation committed detain the brother for a short while before he attempted
the act induced. to escape and was shot by one of the men.
Held: The contention of the accused that
2 WAYS OF BECOMING PRINCIPAL BY INDUCTION since he did not take part in the commission of the
1) BY DIRECTLY FORCING ANOTHER TO crime, conspiracy does not exist, is untenable. The
COMMIT A CRIME requisites necessary in order that a person may be
convicted as principal by inducement are present.
a. By using IRRESISTIBLE FORCE Without Dela Cruz, the crime would not have been
b. By causing UNCONTROLLABLE FEAR conceived, much less committed. Clearly, he was the
principal by induction.
2) BY DIRECTLY INDUCING ANOTHER TO
COMMIT A CRIME. US v. Indianan
a. By giving price, or offering reward or 24 Phil. 203 (1913)
promise. Facts: Indianan was the HEADMAN of the
b. By using words of command. district of Parang. He ordered his subordinates to seize
Sariol (victim) and bring the latter to Indianan. The
REQUISITES: victim was detained by Indianan until nightfall, then
1. That the inducement be made directly with the Indianan ordered his subordinates to take Sariol to an
intention of procuring the commission of the crime; isolated place and kill him. Indianan bolstered his
and command by claiming that he had an order from the
a. A thoughtless expression without intention to governor that Sariol be executed. Indianans
produce the result is not an inducement to subordinates took Sariol to a cemetery and killed him.
commit a crime. Held: Indianan had a very powerful
b. The inducement may be by acts of command, influence over his subordinates based on TRADITION
advice, or through influence, or agreement AND CUSTOM as well as his representation that he had
for consideration. an order from the governor. Hence, his power over them
was such that any order issued by him had the force and
2. That such inducement be the determining cause efficacy of physical coercion. The domination of Indianan
of the commission of the crime by the material was such as to make him responsible for whatever they
executor. did in obedience to such orders. He is a principal by
- The words of advice of the influence must inducement.
have actually moved the hands of the principal by
direct participation. PAR. 3. PRINCIPALS BY INDISPENSABLE
COOPERATION
PRINCIPAL BY PROPOSAL TO COMMIT
INDUCEMENT THE FELONY Those who cooperate in the commission
There is an inducement to commit a crime. of the offense by another act without which it would not
The principal by The mere proposal to have been accomplished.
inducement becomes liable commit a felony is
only when the crime is punishable in treason and REQUISITES:
committed by the principal rebellion. The person to 1. Participation in the criminal resolution, that is,
by direct participation. whom the proposal is there is either anterior conspiracy or unity of
made should not commit criminal purpose and intention immediately
the crime; otherwise, the before the commission of the crime charged;
proponent becomes a and
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2. Cooperation in the commission of the offense they themselves have have reached the decision
by performing another act, without which it decided upon such course and only then do they
would not have been accomplished. of action. agree to cooperate in its
execution.
To be liable as principals, the offender must fall Conspirators decide that a Accomplices merely assent
under any of the three concepts defined in Article 17. crime should be to the plan and cooperate
There is collective criminal responsibility when committed. in it accomplishment
the offenders are criminally liable in the same manner
and to the same extent. The penalty to be imposed must Conspirators are the Accomplices are merely
be the same for all. authors of a crime instruments who perform
Principals by direct participation have collective acts not essential to the
criminal responsibility. Principal by induction, except perpetration of the
that who directly forced another to commit a crime, and offense.
principal by direct participation have collective criminal
responsibility. Principal by indispensable cooperation has REQUISITES:
collective criminal responsibility with the principal by 1. That there be community of design; that
direct participation. is, knowing the criminal design of the principal by
direct participation, he concurs with the latter in
People v. Montealegre his purpose;
161 SCRA 700 (1988) 2. That he cooperates in the execution of the
Facts: Abadilla was eating at a restaurant offense by previous or simultaneous acts, with
when he detected the smell of marijuana smoke coming the intention of supplying material or moral aid in
from a nearby table. Intending to call a policeman, he the execution of the crime in an efficacious way;
went outside and saw a police and reported the matter. and
The police approached the table and held Montealgre 3. That there be a relation between the acts
and Capalad. Capalad suddenly pulled out his knife and done by the principal and those attributed to the
started stabbing the police at the back. The police person charged as accomplice.
released the 2 in order to draw his gun but Montealegre
restrained the police so that Capalad may continue The community of design need not be to
stabbing. The 3 grappled and the police was able to commit the crime actually committed. It is sufficient if
draw his gun and fired at the 2 assailants. A chase there was a common purpose to commit a particular
ensued. Capalad was shot which resulted to his death. crime and that the crime actually committed was a
The police also died because of the wounds inflicted by natural or probable consequence of the intended crime.
Capalad. The cooperation of an accomplice is not due
Held: The accused was correctly considered a to a conspiracy.
co-principal for having collaborated with Capalad in the When the acts of the accused are not
killing of the police officer. The 2 acted in concert. Even indispensable in the killing, they are merely accomplices.
if the accused did not himself commit the act of The accomplice merely supplies the principal
stabbing, he is nonetheless equally guilty thereof for with material or moral aid without conspiracy with the
having prevented the police from resisting the attack latter.
against him. The accused was a principal by The wounds inflicted by an accomplice in
indispensable cooperation. crimes against persons should mot have caused the
B. ACCOMPLICES death of the victim.
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WHEREAS, is imperative to impose heavy shall promulgate such rules and regulations to carry out the
penalties on persons who profit by the effects of the crimes provisions of this section. Any person who fails to secure the
of robbery and theft. clearance or permit required by this section or who violates
NOW, THEREFORE, I, FERDINAND E. MARCOS, any of the provisions of the rules and regulations
President of the Philippines by virtue of the powers vested in promulgated thereunder shall upon conviction be punished
me by the Constitution, do hereby order and decree as part as a fence.
of the law of the land the following: Section 7. Repealing Clause. All laws or parts
thereof, which are inconsistent with the provisions of this
Section 1. Title. This decree shall be known as Decree are hereby repealed or modified accordingly.
the Anti-Fencing Law. Section 8. Effectivity. This Decree shall take
effect upon approval.
Section 2. Definition of Terms. The following Done in the City of Manila, this 2nd day of March,
terms shall mean as follows: in the year of Our Lord, nineteen hundred and seventy-nine.
(a) "Fencing" is the act of any person who, with
intent to gain for himself or for another, shall buy, receive, ACCESSORY DISTINGUISHED FROM PRINCIPAL
possess, keep, acquire, conceal, sell or dispose of, or shall
AND FROM ACCOMPLICE
buy and sell, or in any other manner deal in any article,
1. The accessory does not take direct part or
item, object or anything of value which he knows, or should
be known to him, to have been derived from the proceeds of cooperate in, or induce, the commission of the crime.
the crime of robbery or theft. 2. The accessory does not cooperate in the
(b) "Fence" includes any person, firm, association commission of the offense by acts either prior thereto or
corporation or partnership or other organization who/which simultaneous therewith.
commits the act of fencing. 3. That the participation of the accessory in all
cases always takes place after the commission of the
Section 3. Penalties. Any person guilty of fencing crime.
shall be punished as hereunder indicated:
(a) The penalty of prision mayor, if the value of Art. 20. Accessories who are exempt from criminal
the property involved is more than 12,000 pesos but not liability. The penalties prescribed for accessories
exceeding 22,000 pesos; if the value of such property
shall not be imposed upon those who are such with
exceeds the latter sum, the penalty provided in this
respect to their spouses, ascendants, descendants,
paragraph shall be imposed in its maximum period, adding
one year for each additional 10,000 pesos; but the total legitimate, natural, and adopted brothers and sisters, or
penalty which may be imposed shall not exceed twenty relatives by affinity within the same degrees, with the
years. In such cases, the penalty shall be termed reclusion single exception of accessories falling within the
temporal and the accessory penalty pertaining thereto provisions of paragraph 1 of the next preceding article.
provided in the Revised Penal Code shall also be imposed.
(b) The penalty of prision correccional in its The exemption is based on the ties of blood
medium and maximum periods, if the value of the property and the preservation of the cleanliness of ones name,
robbed or stolen is more than 6,000 pesos but not exceeding which compels one to conceal crimes committed by
12,000 pesos. relatives.
(c) The penalty of prision correccional in its
minimum and medium periods, if the value of the property
An ACESSORY is exempt from criminal
involved is more than 200 pesos but not exceeding 6,000
pesos. liability, when the principal is his:
(d) The penalty of arresto mayor in its medium 1. spouse,
period to prision correccional in its minimum period, if the 2. ascendant,
value of the property involved is over 50 pesos but not 3. descendant,
exceeding 200 pesos. 4. legitimate, natural or adopted brother,
(e) The penalty of arresto mayor in its medium sister or relative by affinity within the
period if such value is over five (5) pesos but not exceeding same degree.
50 pesos. - even if only two of the principals guilty of
(f) The penalty of arresto mayor in its minimum murder are the brothers of the accessory and the others
period if such value does not exceed 5 pesos. are not related to him, such accessory is exempt from
criminal liability.
Section 4. Liability of Officials of Juridical - a nephew or niece is not included
Persons. If the fence is a partnership, firm, corporation or
association, the president or the manager or any officer
An accessory is NOT EXEMPT from criminal
thereof who knows or should have known the commission of
the offense shall be liable. liability even if the principal is related to him, if such
accessory (1) PROFITED by the effects of the crime, or
Section 5. Presumption of Fencing. Mere (2) assisted the offender to profit by the effects of
possession of any good, article, item, object, or anything of the crime
value which has been the subject of robbery or thievery shall
be prima facie evidence of fencing. People v. Talingdan
84 SCRA 19 (1978)
Section 6. Clearance/Permit to Sell/Used Second Facts: Bernardo and Teresa lived together
Hand Articles. For purposes of this Act, all stores, but for quite some time their relationship has gotten
establishments or entities dealing in the buy and sell of any bitter. Bernardo knew that Teresa had an illicit
good, article item, object of anything of value obtained from relationship with Talingdan. Their child testified that on
an unlicensed dealer or supplier thereof, shall before offering the day the killing occurred, there were 4 men inside
the same for sale to the public, secure the necessary
their house and Bernardo knew about it but continued
clearance or permit from the station commander of the
plowing his field. Later, when Bernardo came inside the
Integrated National Police in the town or city where such
store, establishment or entity is located. The Chief of
kitchen, Talingdan and Tobias fired at Bernardo and the
Constabulary/Director General, Integrated National Police 4 climbed the stairs of the batalan. Seeing that the
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victim was alive, they fired at him again. Teresa came obvious; it is based on ties of blood and the preservation
out after from her room and pulled her child to question of the cleanliness of one's name, which compels one to
her. Teresa threatened to kill her if she would reveal the conceal crimes committed by relatives so near as those
incident. mentioned in the above-quoted article. Ruby Mariano is
Held: One who conceals or assists in the acquitted.
escape of the principal in the crime can be held guilty as
accessory. There is morally convincing proof that Teresa
is an accessory to the offense. She was inside the room V. PENALTIES
when her husband was shot. As she came out after the
shooting, she inquired from the child if she was able to
Penalty is the suffering that is inflicted by the State for
recognize the assailants and when the latter identified
the transgression of a law.
the 4 accused as the culprits, Teresa did not only enjoin
her daughter not to reveal what she knew to anyone but
Different Juridical Conditions of Penalty:
she went to the extent of warning her not to tell anyone
1. Must be PRODUCTIVE OF SUFFERING, without
or else she would kill her. Later when the police came,
however affecting the integrity of the human
she claimed she had no suspects in mind. She, thus,
personality.
became active in her cooperation with the 4 accused.
2. Must be COMMENSURATE with the offense
different crimes must be punished with
People v. Tolentino (2002)
different penalties.
Facts: Wilfredo Tolentino hit Herman Sagario
3. Must be PERSONAL no one should be
with a piece of wood and later stabbed him with a bolo.
punished for the crime of another.
Wilfedo then instructed appellant Jonathan Fabros and
4. Must be LEGAL it is the consequence of a
Merwin Ledesma to help him bring Hernan out of the
judgment according to law.
house. Wilfredo held him by the neck while both
5. Must be CERTAIN no one may escape its
appellant and Merwin grasped his feet. They then
effects.
carried Hernan towards a creek. Appellant assisted
6. Must be EQUAL for all.
Wilfredo out of fear and when he noticed that Sagario
7. Must be CORRECTIONAL.
regained conciousness, he ran away towards a banana
plantation. Wilfredo then stab Sagario on the different
The purpose of the State in punishing crimes is TO
parts of his body causing his death. Thereafter, Wilfredo
SECURE JUSTICE. Penal justice must therefore be
pushed and waded Sagario on the water.
exercised by the State in the service and satisfaction of
Held: Appellant Jonathan Fabros cannot be
a duty and rests primarily on the moral rightfulness of
convicted as an accessory. Under paragraph 2 of Article
the punishment inflicted.
19 of the Revised Penal Code, the concealment or the
destruction of the body of the crime or of the effects or
Theories justifying penalty:
the instruments thereof must have been done in order
a. PREVENTION to suppress danger to the State
to prevent the discovery of the crime. That, precisely, is
b. SELF-DEFENSE to protect the society from
wanting in the present case. Appellant was afraid that
the threat and wrong inflicted by the criminal.
his co-accused would hurt him if he refused so he
c. REFORMATION to correct and reform the
agreed to assist the latter in carrying the victim towards
offender.
the river. The fact that appellant left thereafter likewise
d. EXEMPLARITY to serve as an example to
indicated his innocence of the charge. Verily, he
deter others from committing crimes.
adequately explained his conduct prior to the stabbing
e. JUSTICE for retributive justice, a vindication
incident was one born of fear for his own life. It is not
of absolute right and moral law violated by the
incredible for an eyewitness to a crime, especially if
criminal.
unarmed, to desist from assisting the victim if to do so
would put the former's life in peril.
Purpose of penalty under the RPC:
a. RETRIBUTION OR EXPIATION the penalty is
People v. Mariano
commensurate with the gravity of the offense.
347 SCRA 109 (2000)
b. CORRECTION OR REFORMATION as shown
Facts: Ruth and their maid Michelle often
by the rules which regulate the execution of
engaged in a physical fight. The fight usually ends with
the penalties consisting in deprivation of
Ruth pouring boiling water on Michelle. During their
liberty.
fights which number to at least 6 times a month, Ruth
c. SOCIAL DEFENSE shown by its inflexible
would bang Michelles head and pull on her hair. Michelle
severity to recidivist and habitual delinquents.
subsequently died as a result. Ruth placed the body of
Michelle in a box which she then loaded inside the
luggage compartment of her sister Rubys car. Ruth and A. GENERAL PRINCIPLES
Ruby were both convicted of murder by the trial court.
Held: Ruby is the sister of Ruth. As such, their NO ex post facto laws
relationship exempts Ruby from criminal liability under
Art. 20 of the Revised Penal Code ARTICLE 20. Art. 21. Penalties that may be imposed. No felony
Accessories who are exempt from criminal liability.The shall be punishable by any penalty not prescribed by law
penalties prescribed for accessories shall not be imposed prior to its commission.
upon those who are such with respect to their spouses,
ascendants, descendants, legitimate, natural and
This article prohibits the Government from
adopted brothers and sisters, or relatives by affinity
punishing any person for any felony with any penalty
within the same degrees, with the single exception of
which has not been prescribed by the law.
accessories falling within the provisions of paragraph 1
of the preceding article. The reason for exemption is
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It has no application to any of the provisions WON the Anti-subversion Act is a bill of
of the RPC for the reason that for every felony defined in attainder? The trial court ruled that the Act is a bill of
the Code, a penalty has been prescribed. attainder because it tars and feathers the communist
REASON: An act or omission cannot be party as a continuing menace to the freedom and
punished by the State if at the time it was committed security of the country.
there was no law prohibiting it, because a law cannot be Held: A bill of attainder is a legislative act
rationally obeyed unless it is first shown, and a man which inflicts punishment without a trial. The Act simply
cannot be expected to obey an order that has not been declares the Communist Party to be an organized
given. conspiracy for the overthrow of the government. Its
focus is not on the individuals but on the conduct. It is
OTHER CONSTITUTIONAL PROHIBITIONS not enough that the statute specify persons or groups in
order that it may be called a bill of attainder. It is
necessary that it must apply retroactively and reach
1987 CONSTITUTION
past conduct. This requirement follows from the nature
Section 18. (1) No person shall be detained
of a bill of attainder as a legislative adjudication of guilt.
solely by reason of his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist
People v. Bracamonte
except as a punishment for a crime whereof the party
257 SCRA 380 (1996)
shall have been duly convicted.
Facts: Violeta and her common law husband,
Section 19. (1) Excessive fines shall not be
Clark Din, arrived home and saw 3 men rushing out of
imposed, nor cruel, degrading or inhuman punishment
the house. Inside the house, they found their maid
inflicted. Neither shall death penalty be imposed, unless,
hands tied with her mouth gagged and bathed in her
for compelling reasons involving heinous crimes, the
own blood. Thereafter, they saw their son in the kitchen
Congress hereafter provides for it. Any death penalty
his head and body immersed in a pail of water, dead.
already imposed shall be reduced to reclusion perpetua.
Held: To impose upon the accused the death
Section 20. No person shall be imprisoned for
penalty reimposed by RA 7659 which took effect on Dec.
debt or non-payment of a poll tax.
31, 1993 for a crime committed back on Sep. 23, 1987
Section 22. No ex post facto law or bill of
would violate the basic rule in criminal law that, if the
attainder shall be enacted.
new law imposes a heavier penalty, the law in force at
the time of the commission of the offense shall be
In Re: Kay Villegas Kami applied.
35 SCRA 429 (1970)
Facts: Petition for declaratory relief People v. Valdez
challenging the validity of Sec. 8 of RA 6132 on the 304 SCRA 611 (1999)
ground that it violates due process, right of association, Facts: Accused was convicted by the RTC and
freedom of expression and that it is an ex post facto sentenced him to death for the complex crime of
law. Multiple Murder with Double Frustrated Murder, and
Held: An ex post facto law is one which: likewise separately sentenced him to suffer the prison
1. makes criminal an act done before the passage of term of reclusion perpetua for the crime of Illegal
the law and which was innocent when done, and Possession of Firearms (PD 1866)
punishes such an act. Held: There can be no separate conviction of
2. aggravates a crime, or makes it greater than it the crime of illegal possession under PD 1866 in view of
was when committed; the amendments introduced by RA 8294 wherein illegal
3. changes the punishment and inflicts a greater possession being merely taken as an aggravating
punishment than the law annexed to the crime circumstance to other crimes committed. Insofar as RA
when committed; 8294 will spare the accused from a separate conviction
4. alters the legal rules of evidence, and authorizes for the crime of illegal possession, it may be given
conviction upon less or different testimony than retroactive effect.
the law required at the time of the commission of
the offense;
PROSPECTIVITY; EXCEPTION
5. assuming to regulate civil rights and remedies
only, in effect imposes penalty or deprivation of a
right for something which when done was lawful; RPC, Art. 21. Penalties that may be imposed. No
and felony shall be punishable by any penalty not prescribed
6. deprives a person accused of a crime of some by law prior to its commission.
lawful protection to which he has become
entitled, such as the protection of a former Art. 22. Retroactive effect of penal laws. Penal
conviction or acquittal, or a proclamation of Laws shall have a retroactive effect insofar as they favor
amnesty. the persons guilty of a felony, who is not a habitual
criminal, as this term is defined in Rule 5 of Article 62 of
The constitutional inhibition refers only to criminal this Code, although at the time of the publication of such
laws which are given retroactive effect. While it is true laws a final sentence has been pronounced and the
that Sec. 18 penalizes a violation of any provision of RA convict is serving the same.
6132 including Sec. 8 thereof, the penalty is imposed
only for acts committed after the approval of the law
CIVIL CODE, Art. 14. Penal laws and those of public
and not those perpetrated prior thereto.
security and safety shall be obligatory upon all who live
or sojourn in the Philippine territory, subject to the
People v. Ferrer
principles of public international law and to treaty
48 SCRA 382(1972)
stipulations.
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GENERAL RULE: TO GIVE CRIMINAL LAWS Facts: The accused were convicted of
PROSPECTIVE EFFECT Robbery with Physical Injuries and Robbery with Multiple
Exception: to give them retroactive effect when Rape and were sentenced to imprisonment and death
favorable to the accused. penalty respectively for the two convictions.
Reason for the exception: The sovereign, in Held: There is no question that the
enacting a subsequent penal law more favorable to the abolition of the death penalty benefits herein accused.
accused, has recognized that the greater severity of the The subsequent reimposition of the death penalty will
former law is unjust. The sovereign would be not affect them. The framers of the Constitution
inconsistent if it would still enforce its right under themselves state that the law to be passed by Congress
conditions of the former law, which has already been reimposing the death penalty (RA 7659) can only have
regarded by conscientious public opinion as juridical prospective application. A subsequent statute cannot be
burdensome. so applied retroactively as to impair a right that accrued
under the old law.
The favorable retroactive effect of a new law may find
the defendant in one of these 3 situations: DIFFERENT EFFECTS OF REPEAL OF PENAL LAW.
a. The crime has been committed and prosecution a. If the repeal makes the penalty
begins; lighter in the new law, the new law shall be applied,
b. Sentence has been passed but service has not except when the offender is a habitual delinquent or
begun; when the new law is made not applicable to
c. The sentence is being carried out. pending action or existing causes of action.
When the culprit is HABITUAL DELINQUENT, he is not b. If the new law imposes a heavier
entitled to the benefit of the provisions of the new penalty, the law in force at the time of the
favorable statute. commission of the offense shall be applied.
A person shall be deemed to be a HABITUAL c. If the new law totally repeals the
DELINQUENT if within a period of 10 years from the date existing law so that the act which was penalized
of his release of last conviction of the crimes of serious under the old law is no longer punishable, the crime
or less serious physical injuries, robbery, theft, estafa or is obliterated.
falsification, he is found guilt of an said crimes a third
time or oftener. When the repeal is absolute the offense ceases
The principle against retroactivity does not apply to to be criminal.
civil liability.
- but a new law increasing the civil liability When the new law and the old law penalize the
cannot be given retroactive effect. same offense, the offender can be tried under
The provisions of this article are applicable even to the old law.
special laws which provide more favorable conditions to
the accused. When the repealing law fails to penalize the
Criminal liability under the former law is obliterated offense under the old law, the accused cannot
when the repeal is absolute. be convicted under the new law.
Criminal liability under the repealed law subsists:
a. When the provisions of the former law are A person erroneously accused and convicted
REENACTED; or under a repealed statute may be punished
b. When the repeal is by IMPLICATION; under the repealing statute.
c. When there is a SAVING CLAUSE
A new law which omits anything contained in
What penalty may be imposed for the commission of a the old law dealing on the same subject,
felony? operates as are penal of anything not so
- Only the penalty prescribed by law prior tot the included in the amendatory act.
commission of the felony may be imposed.
- Felonies are punishable under the laws in force People v. Pimentel (supra)
at the time of their commission. Held: Where the repeal of a penal law is total
- But the penalty prescribed by law enacted after and absolute and the act which was penalized by a prior
the commission of the felony may be imposed, if law ceases to be criminal under the new law, the
it is favorable to the offender. previous offense is obliterated.
With the enactment of RA 7636, the charge of
People v. Gallo illegal possession of firearm and ammunition qualified by
315 SCRA 461 (1999) subversion should be amended to simple illegal
Facts: The accused seeks a modification of his possession of firearm and ammunition, since subversion
death sentence to reclusion perpetua in line with the is no longer a crime.
new Court rulings which annunciate that the 7 attendant
circumstances introduced in Sec. 11 of RA 7659 partake B. PENALTIES WHICH MAY BE IMPOSED
of the nature of qualifying circumstances that must be
pleaded in the indictment in order to warrant the Art. 25. Penalties which may be imposed. The
imposition of the penalty (Garcia doctrine reiterated in penalties which may be imposed according to this Code,
Medina). and their different classes, are those included in the
Held: By operation of law, the appellant is following:
rightfully entitled to the beneficial application of the
Garcia or Medina doctrine. Sentence modified. Scale
PRINCIPAL PENALTIES
People v. Patalin
311 SCRA 187 (1999)
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Article shall be punished by reclusion temporal to death and 6. With cruelty, by deliberately and inhumanly
shall pay a fine not to exceed 100,000 pesos." augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse."
Section 3. Section Three, Chapter One, Title One of
Book Two of the same Code is hereby amended to read as Section 7. Article 255 of the same Code is hereby
follows: amended to read as follows:
"Section Three. - Piracy and mutiny on the high seas or "Art. 255. Infanticide. - The penalty provided for
in the Philippine waters parricide in Article 246 and for murder in Article 248 shall be
Art. 122. Piracy in general and mutiny on the high seas imposed upon any person who shall kill any child less than
or in Philippine waters. - The penalty of reclusion perpetua three days of age.
shall be inflicted upon any person who, on the high seas, or If any crime penalized in this Article be committed by
in Philippine waters, shall attack or seize a vessel or, not the mother of the child for the purpose of concealing her
being a member of its complement nor a passenger, shall dishonor, she shall suffer the penalty of prision mayor in its
seize the whole or part of the cargo of said vessel, its medium and maximum periods, and if said crime be
equipment or passengers. committed for the same purpose by the maternal
The same penalty shall be inflicted in case of grandparents or either of them, the penalty shall be
mutiny on the high seas or in Philippine waters." reclusion temporal."
Art. 123. Qualified piracy. - The penalty of reclusion
perpetua to death shall be imposed upon those who commit Section 8. Article 267 of the same Code is hereby
any of the crimes referred to in the preceding article, under amended to read as follows:
any of the following circumstances:
1. Whenever they have seized a vessel by boarding or "Art. 267. Kidnapping and serious illegal detention. -
firing upon the same; Any private individual who shall kidnap or detain another, or
2. Whenever the pirates have abandoned their victims in any other manner deprive him of his liberty, shall suffer
without means of saving themselves or; the penalty of reclusion perpetua to death:
3. Whenever the crime is accompanied by murder, 1. If the kidnapping or detention shall have lasted
homicide, physical injuries or rape." more than three days.
2. If it shall have been committed simulating
Section 4. There shall be incorporated after Article 211 public authority.
of the same Code a new article to read as follows: 3. If any serious physical injuries shall have been
inflicted upon the person kidnapped or detained; or if
"Art. 211-A. Qualified Bribery. - If any public officer is threats to kill him shall have been made.
entrusted with law enforcement and he refrains from 4. If the person kidnapped or detained shall be a minor,
arresting or prosecuting an offender who has committed a except when the accused is any of the parents, female or a
crime punishable by reclusion perpetua and/or death in public officer.
consideration of any offer, promise, gift or present, he shall The penalty shall be death penalty where the
suffer the penalty for the offense which was not prosecuted. kidnapping or detention was committed for the purpose of
If it is the public officer who asks or demands such gift extorting ransom from the victim or any other person, even
or present, he shall suffer the penalty of death." if none of the circumstances above-mentioned were present
in the commission of the offense.
Section 5. The penalty of death for parricide under When the victim is killed or dies as a consequence
Article 246 of the same Code is hereby restored, so that it of the detention or is raped, or is subjected to torture or
shall read as follows: dehumanizing acts, the maximum penalty shall be imposed."
"Art. 246. Parricide. - Any person who shall kill his Section 9. Article 294 of the same Code is hereby
father, mother, or child, whether legitimate of illegitimate, amended to read as follows:
or any of his ascendants, or descendants, or his spouse,
shall be guilty of parricide and shall be punished by the "Art. 294. Robbery with violence against or intimidation
penalty of reclusion perpetua to death." of persons - Penalties. - Any person guilty of robbery with
the use of violence against or intimidation of any person
Section 6. Article 248 of the same Code is hereby shall suffer:
amended to read as follows: 1. The penalty of reclusion perpetua to death, when by
reason or on occasion of the robbery, the crime of homicide
"Art. 248. Murder. - Any person who, not falling within shall have been committed, or when the robbery shall have
the provisions of Article 246 shall kill another, shall be guilty been accompanied by rape or intentional mutilation or
of murder and shall be punished by reclusion perpetua, to arson.
death if committed with any of the following attendant 2. The penalty of reclusion temporal in its medium
circumstances: period to reclusion perpetua, when or if by reason or on
1. With treachery, taking advantage of superior occasion of such robbery, any of the physical injuries
strength, with the aid of armed men, or employing means to penalized in subdivision I of Article 263 shall have been
weaken the defense or of means or persons to insure or inflicted.
afford impunity. 3. The penalty of reclusion temporal, when by reason
2. In consideration of a price, reward or promise. or on occasion of the robbery, any of the physical injuries
3. By means of inundation, fire, poison, explosion, penalized in subdivision 2 of the article mentioned in the
shipwreck, stranding of a vessel, derailment or assault upon next preceding paragraph, shall have been inflicted.
a railroad, fall of an airship, or by means of motor vehicles, 4. The penalty of prision mayor in its maximum period
or with the use of any other means involving great waste to reclusion temporal in its medium period, if the violence or
and ruin. intimidation employed in the commission of the robbery
4. On occasion of any of the calamities enumerated in shall have been carried to a degree clearly unnecessary for
the preceding paragraph, or of an earthquake, eruption of a the commission of the crime, or when in the course of its
volcano, destructive cyclone, epidemic or other public execution, the offender shall have inflicted upon any person
calamity. not responsible for its commission any of the physical
5. With evident premeditation. injuries covered by subdivisions 3 and 4 of said Article 263.
5. The penalty of prision correccional in its maximum
period to prision mayor in its medium period in other cases."
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pesos to ten million pesos shall be imposed upon any Section 15. There shall be incorporated after
person or group of persons who shall maintain a den, dive Section 15 of Article III of Republic Act No. 6425, as
or resort where any prohibited drug is used in any form or amended, known as the Dangerous Drug Act of 1972, a
where such prohibited drugs in quantities specified in new section to read as follows:
Section 20, Paragraph 1 of this Act are found. "Sec. 15-a. Maintenance of a den, dive or resort for
Notwithstanding the provisions of Section 20 of regulated drug users. - The penalty of reclusion perpetua
this Act to the contrary, the maximum of the penalty shall to death and a fine ranging from five hundred thousand
be imposed in every case where a prohibited drug is pesos to ten million pesos shall be imposed upon any
administered, delivered or sold to a minor who is allowed person or group of persons who shall maintain a den, dive
to use the same in such place. or resort where any regulated drugs is used in any form,
Should a prohibited drug be the proximate cause of the or where such regulated drugs in quantities specified in
death of a person using the same in such den, dive or Section 20, paragraph 1 of this Act are found.
resort, the maximum penalty herein provided shall be Notwithstanding the provisions of Section 20 of
imposed on the maintainer notwithstanding the provisions this Act to the contrary, the maximum penalty herein
of Section 20 of this Act to the contrary. provided shall be imposed in every case where a
"Sec. 7. Manufacture of Prohibited Drug. - The regulated drug is administered, delivered or sold to a
penalty of reclusion perpetua to death and fine ranging minor who is allowed to use the same in such place.
from five hundred thousand pesos to ten million pesos Should a regulated drug be the proximate cause of
shall be imposed upon any person who, unless authorized the death of a person using the same in such den, dive or
by law, shall engage in the manufacture of any prohibited resort, the maximum penalty herein provided shall be
drug. imposed on the maintainer notwithstanding the provisions
"Sec. 8. Possession or Use of Prohibited Drugs. - of Section 20 of this Act to the contrary."
The penalty of reclusion perpetua to death and a fine
ranging from five hundred thousand pesos to ten million Section 16. Section 16 of Article III of Republic
pesos shall be imposed upon any person who, unless Act No. 6425, as amended, known as the Dangerous
authorized by law, shall possess or use any prohibited Drugs Act of 1972, is amended to read as follows:
drug subject to the provisions of Section 20 hereof. "Sec. 16. Possession or Use of Regulated Drugs. -
"Sec. 9. Cultivation of Plants which are Sources of The penalty of reclusion perpetua to death and a fine
Prohibited Drugs. - The penalty of reclusion perpetua to ranging from five hundred thousand pesos to ten million
death and a fine ranging from five hundred thousand pesos shall be imposed upon any person who shall
pesos to ten million pesos shall be imposed upon any possess or use any regulated drug without the
person who shall plant, cultivate or culture any medium corresponding license or prescription, subject to the
Indian hemp, opium poppy (papaver somniferum), or any provisions of Section 20 hereof."
other plant which is or may hereafter be classified as
dangerous drug or from which any dangerous drug may Section 17. Section 20, Article IV of Republic Act
be manufactured or derived. No. 6425, as amended, known as the Dangerous Drugs
The land or portions hereof, and/or greenhouses Act of 1972, is hereby amended to read as follows:
on which any of said plants is cultivated or cultured shall Sec. 20. Application of Penalties, Confiscation and
be confiscated and escheated to the State, unless the Forfeiture of the Proceeds or Instruments of the Crime. -
owner thereof can prove that he did not know such The penalties for offenses under Section 3, 4, 7, 8 and 9
cultivation or culture despite the exercise of due diligence of Article II and Sections 14, 14-A, 15 and 16 of Article III
on his part. of this Act shall be applied if the dangerous drugs involved
If the land involved in is part of the public domain, is in any of the following quantities :
the maximum of the penalties herein provided shall be 1. 40 grams or more of opium;
imposed upon the offender." 2. 40 grams or more of morphine;
3. 200 grams or more of shabu or
Section 14. Sections 14, 14-A, and 15 of Article methylamphetamine hydrochloride;
III of Republic Act No. 6425, as amended, known as the 4. 40 grams or more of heroin;
Dangerous Drugs Act of 1972, are hereby amended to 5. 750 grams or more of indian hemp or
read as follows: marijuana;
6. 50 grams or more of marijuana resin or
"Sec. 14. Importation of Regulated Drugs. - The penalty marijuana resin oil;
of reclusion perpetua to death and a fine ranging from 7. 40 grams or more of cocaine or cocaine
five hundred thousand pesos to ten million pesos shall be hydrochloride; or
imposed upon any person who, unless authorized by law, 8. In the case of other dangerous drugs, the
shall import or bring any regulated drug in the Philippines. quantity of which is far beyond therapeutic requirements,
"Sec. 14-A. Manufacture of Regulated Drugs. - The as determined and promulgated by the Dangerous Drugs
penalty of reclusion perpetua to death and a fine ranging Board, after public consultations/hearings conducted for
from five hundred thousand pesos to ten million pesos the purpose.
shall be imposed upon any person who, unless authorized Otherwise, if the quantity involved is less than the
by law, shall engage in the manufacture of any regulated foregoing quantities, the penalty shall range from prision
drug. correccional to reclusion perpetua depending upon the
"Sec. 15. Sale, Administration, Dispensation, Delivery, quantity.
Transportation and Distribution of Regulated Drugs. - The Every penalty imposed for the unlawful
penalty of reclusion perpetua to death and a fine ranging importation, sale, administration, delivery, transportation
from five hundred thousand pesos to ten million pesos or manufacture of dangerous drugs, the cultivation of
shall be imposed upon any person who, unless authorized plants which are sources of dangerous drugs and the
by law, shall sell, dispense, deliver, transport or distribute possession of any opium pipe and other paraphernalia for
any regulated drug. dangerous drugs shall carry with it the confiscation and
Notwithstanding the provisions of Section 20 of this Act to forfeiture, in favor of the Government, of all the proceeds
the contrary, if the victim of the offense is a minor, or of the crime including but not limited to money and other
should a regulated drug involved in any offense under this obtained thereby and the instruments or tools with which
Section be the proximate cause of the death of a victim it was committed, unless they are the property of a third
thereof, the maximum penalty herein provided shall be person not liable for the offense, but those which are not
imposed." of lawful commerce shall be ordered destroyed without
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delay. Dangerous drugs and plant sources of such drugs disqualification is imposed as an accessory penalty, in
as well as the proceeds or instruments of the crime so which case, it shall be that of the principal penalty.
confiscated and forfeited in favor of the Government shall Prision correccional, suspension, and destierro. -
be turned over to the Board for proper disposal without The duration of the penalties of prision correccional,
delay. suspension, and destierro shall be from six months and
Any apprehending or arresting officer who one day to six years, except when the suspension is
misappropriates or misapplies or fails to account for imposed as an accessory penalty, in which case, its
seized or confiscated dangerous drugs or plant-sources of duration shall be that of the principal penalty.
dangerous drugs or proceeds or instruments of the crime Arresto mayor. - The duration of the penalty of
as are herein defined shall after conviction be punished by arresto mayor shall be from one month and one day to six
the penalty of reclusion perpetua to death and a fine months.
ranging from five hundred thousand pesos to ten million Arresto menor. - The duration of the penalty of
pesos." arresto menor shall be from one day to thirty days.
Bond to keep the peace. - The bond to keep the peace
Section 18. There shall be incorporated after shall be required to cover such period of time as the court
Section 20 of Republic Act No. 6425, as amended, known may determine."
as the Dangerous Drugs Act of 1972, a new section to
read as follows: Section 22. Article 47 of the same Code is hereby
"Sec. 20-A. Plea-bargaining Provisions. - Any amended to read as follows:
person charged under any provision of this Act where the Art. 47. In what cases the death penalty shall not
imposable penalty is reclusion perpetua to death shall not be imposed; Automatic review of the Death Penalty
be allowed to avail of the provision on plea bargaining." Cases. - The death penalty shall be imposed in all cases in
which it must be imposed under existing laws, except
Section 19. Section 24 of Republic Act No. 6425, when the guilty person is below eighteen (18) years of
as amended, known as the Dangerous Drugs Act of 1972, age at the time of the commission of the crime or is more
is hereby amended to read as follows : than seventy years of age or when upon appeal or
"Sec. 24. Penalties for Government Official and automatic review of the case by the Supreme Court, the
Employees and Officers and Members of Police Agencies required majority vote is not obtained for the imposition
and the Armed Forces, 'Planting' of Evidence. - The of the death penalty, in which cases the penalty shall be
maximum penalties provided for Section 3, 4(1), 5(1), 6, reclusion perpetua.
7, 8, 9, 11, 12 and 13 of Article II and Sections 14, 14-A, In all cases where the death penalty is imposed by
15(1), 16 and 19 of Article III shall be imposed, if those the trial court, the records shall be forwarded to the
found guilty of any of the said offenses are government Supreme Court for automatic review and judgment by the
officials, employees or officers, including members of Court en banc, within twenty (20) days but not earlier
police agencies and the armed forces. than fifteen (15) days after promulgation of the judgment
Any such above government official, employee or or notice of denial of any motion for new trial or
officer who is found guilty of "planting" any dangerous reconsideration. The transcript shall also be forwarded
drugs punished in Sections 3, 4, 7, 8, 9 and 13 of Article within ten (10) days from the filing thereof by the
II and Sections 14, 14-A, 15 and 16 of Article III of this stenographic reporter."
Act in the person or in the immediate vicinity of another
as evidence to implicate the latter, shall suffer the same Section 23. Article 62 of the same Code, as
penalty as therein provided." amended, is hereby amended to read as follows :
"Art. 62. Effects of the attendance of mitigating or
Section 20. Sec. 14 of Republic Act No. 6539, as aggravating circumstances and of habitual delinquency. -
amended, known as the Anti-Carnapping Act of 1972, is Mitigating or aggravating circumstances and habitual
hereby amended to read as follows: delinquency shall be taken into account for the purpose of
"Sec. 14. Penalty for Carnapping. - Any person diminishing or increasing the penalty in conformity with
who is found guilty of carnapping, as this term is defined the following rules:
in Section Two of this Act, shall, irrespective of the value 1. Aggravating circumstances which in themselves
of motor vehicle taken, be punished by imprisonment for constitute a crime specially punishable by law or which
not less than fourteen years and eight months and not are included by the law in defining a crime and prescribing
more than seventeen years and four months, when the the penalty therefor shall not be taken into account for
carnapping is committed without violence or intimidation the purpose of increasing the penalty.
of persons, or force upon things; and by imprisonment for 1(a). When in the commission of the crime,
not less than seventeen years and four months and not advantage was taken by the offender of his public
more than thirty years, when the carnapping is committed position, the penalty to be imposed shall be in its
by means of violence against or intimidation of any maximum regardless of mitigating circumstances.
person, or force upon things; and the penalty of reclusion The maximum penalty shall be imposed if the
perpetua to death shall be imposed when the owner, offense was committed by any group who belongs to an
driver or occupant of the carnapped motor vehicle is killed organized/syndicated crime group.
or raped in the course of the commission of the An organized/syndicated crime group means a
carnapping or on the occasion thereof." group of two or more persons collaborating, confederating
or mutually helping one another for purposes of gain in
Section 21. Article 27 of the Revised Penal Code, the commission of any crime.
as amended, is hereby amended to read as follows: 2. The same rule shall apply with respect to any
"Art. 27. Reclusion perpetua. - The penalty of aggravating circumstances inherent in the crime to such a
reclusion perpetua shall be from twenty years and one degree that it must of necessity accompany the
day to forty years. commission thereof.
Reclusion temporal. - The penalty of reclusion temporal 3. Aggravating or mitigating circumstances which
shall be from twelve years and one day to twenty years. arise from the moral attributes of the offender, or from
Prision mayor and temporary disqualification. - his private relations with the offended party, or from any
The duration of the penalties of prision mayor and other personal cause, shall only serve to aggravate or
temporary disqualification shall be from six years and one mitigate the liability of the principals, accomplices and
day to twelve years, except when the penalty of accessories as to whom such circumstances are
attendant.
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4. The circumstances which consist in the material hereof which are not affected thereby shall continue to be
execution of the act, or in the means employed to in full force and effect.
accomplish it, shall serve to aggravate or mitigate the
liability of those persons only who had knowledge of them Section 28. This Act shall take effect fifteen (15)
at the time of the execution of the act or their cooperation days after its publication in two (2) national newspapers
therein. of general circulation. The publication shall not be later
5. Habitual delinquency shall have the following than seven (7) days after the approval hereof.
effects :
(a) Upon a third conviction the culprit shall be Approved: December 13, 1993
sentenced to the penalty provided by law for the last
crime of which he be found guilty and to the additional
penalty of prision correccional in its medium and
maximum periods;
(b) Upon a fourth conviction, the culprit shall be REPUBLIC ACT NO. 8177
sentenced to the penalty provided for the last crime of AN ACT DESIGNATING DEATH BY LETHAL INJECTION
which he be found guilty and to the additional penalty of AS THE METHOD OF CARRYING OUT CAPITAL
prision mayor in its minimum and medium periods; and PUNISHMENT, AMENDING FOR THE PURPOSE ARTICLE
(c) Upon a fifth or additional conviction, the culprit 81 OF THE REVISED PENAL CODE, AS AMENDED BY
shall be sentenced to the penalty provided for the last SECTION 24 OF REPUBLIC ACT NO. 7659.
crime of which he be found guilty and to the additional
penalty of prision mayor in its maximum period to SECTION 1. Article 81 of the Revised Penal Code,
reclusion temporal in its minimum period. as amended by Section 24 of Republic Act No. 7659 is
Notwithstanding the provisions of this article, the hereby further amended to read as follows:
total of the two penalties to be imposed upon the
offender, in conformity herewith, shall in no case exceed "Art. 81. When and how the death penalty is to
30 years. be executed. The death sentence shall be executed with
For purposes of this article, a person shall be preference to any other penalty and shall consist in putting
deemed to be a habitual delinquent, if within a period of the person under the sentence to death by lethal injection.
ten years from the date of his release or last conviction of The death sentence shall be executed under the authority of
the crimes of serious or less serious physical injuries, the Director of the Bureau of Corrections, endeavoring so far
robo, hurto, estafa or falsification, he is found guilty of as possible to mitigate the sufferings of the person under
any of said crimes a third time or oftener. the sentence during the lethal injection as well as during the
proceedings prior to the execution.
Section 24. Article 81 of the same Code, as
amended, is hereby amended to read as follows : "The Director of the Bureau of Corrections shall take
"Art. 81. When and how the death penalty is to be steps to ensure that the lethal injection to be administered is
executed. - The death sentence shall be executed with sufficient to cause the instantaneous death of the convict.
preference to any other and shall consist in putting the
person under sentence to death by electrocution. The "Pursuant to this, all personnel involved in the
death sentence shall be executed under the authority of administration of lethal injection shall be trained prior to the
the Director of Prisons, endeavoring so far as possible to performance of such task.
mitigate the sufferings of the person under the sentence
during electrocution as well as during the proceedings "The authorized physician of the Bureau of
prior to the execution. Corrections, after thorough examination, shall officially make
If the person under sentence so desires, he shall be a pronouncement of the convict's death and shall certify
anaesthetized at the moment of the execution. thereto in the records of the Bureau of Corrections.
As soon as facilities are provided by the Bureau of
Prisons, the method of carrying out the sentence shall be The death sentence shall be carried out not earlier
changed to gas poisoning. than one (1) year nor later than eighteen (18) months after
The death sentence shall be carried out not later the judgment has become final and executory without
than one (1) year after the judgment has become final. prejudice to the exercise by the President of his executive
clemency powers at all times."
Section 25. Article 83 of the same Code is hereby
amended to read as follows: Sec. 2. Persons already sentenced by judgment,
"Art. 83. Suspension of the execution of the death which has become final and executory, who are waiting to
sentence. - The death sentence shall not be inflicted upon undergo the death penalty by electrocution or gas poisoning
a woman while she is pregnant or within one (1) year shall be under the coverage of the provisions of this Act
after delivery, nor upon any person over seventy years of upon its effectivity. Their sentences shall be automatically
age. In this last case, the death sentence shall be modified for this purpose.
commuted to the penalty of reclusion perpetua with the
accessory penalties provided in Article 40. Sec. 3. Implementing Rules. The Secretary of
In all cases where the death sentence has become final, Justice in coordination with the Secretary of Health and the
the records of the case shall be forwarded immediately by Bureau of Corrections shall, within thirty (30) days from the
the Supreme Court to the Office of the President for effectivity of this Act, promulgate the rules to implement its
possible exercise of the pardoning power." provisions.
Section 26. < modified or repealed hereby are Sec. 4. Repealing Clause. All laws,
Act this of provisions the with inconsistent thereof parts presidential decrees and issuances, executive orders, rules
regulations and rules orders, executive issuances, decrees and regulations or parts thereof inconsistent with the
presidential laws,> provisions of this Act are hereby repealed or modified
accordingly.
Section 27. If, for any reason or reasons, any
part of the provision of this Act shall be held to be Sec. 5. Effectivity. This Act shall take effect
unconstitutional or invalid, other parts or provisions fifteen (15) days after its publication in the Official Gazette
or in at least two (2) national newspapers of general
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circulation, whichever comes earlier. Publication shall not be his cell. Mess utensils shall be made of plastic. After each
later than ten (10) days after the approval thereof. meal, said utensils shall be collected and accounted.
SECTION 9. Visitation. A death convict shall be
Approved: March 20, 1996 allowed to be visited by his immediate family and reputable
friends at regular intervals and during designated hours
subject to security procedures.
SECTION 10. List of Visitors. A list of persons who
RULES AND REGULATIONS TO IMPLEMENT may visit a death convict shall be compiled and maintained
REPUBLIC ACT NO. 8177 by the prison authorities. The list may include the members
Pursuant to Section 3 of Republic Act No. 8177 of the convict's immediate family such as his parents, step
entitled "AN ACT DESIGNATING DEATH BY LETHAL parents, foster parents, brothers and sisters, wife or
INJECTION AS THE METHOD OF CARRYING OUT husband and children. The list may, upon the request of the
CAPITAL PUNISHMENT, AMENDING FOR THE PURPOSE convict, include his grandparents, aunts, uncles, in-laws and
ARTICLE 81 OF THE REVISED PENAL CODE, AS cousins. Other visitors may, after investigation, be included
AMENDED BY SECTION 24 OF REPUBLIC ACT NO. in the list if it will assist in raising the morale of the convict.
7659", the undersigned, in coordination with the SECTION 11. Interviews of Convicts. Television,
Secretary of Health and the Director of Corrections, radio and other interviews by media of a death convict shall
hereby issues the following Rules to govern the not be allowed.
implementation of said Act: SECTION 12. Handling of Inmate Mail. The sending
and receiving of mail by a death convict shall be controlled
SECTION 1. Objectives. These Rules to prevent illicit communication. Mail shall be censored in
seek to ensure the orderly and humane execution of the accordance with existing prison rules.
death penalty by lethal injection. SECTION 13. Outside Movement. A death convict
SECTION 2. Definition of Terms. As may be allowed to leave his place of confinement only for
used in these Rules, unless the context otherwise requires diagnosis of a life-threatening situation or treatment of a
a. "Death Convict" or "Convict" shall refer to a prisoner serious ailment, if the diagnosis cannot be done or the
whose death penalty imposed by a Regional Trial Court is treatment provided in the prison hospital.
affirmed by the Supreme Court en banc; SECTION 14. Court Appearance. A death convict
b. "Lethal Injection" refers to sodium thiopenthotal, shall not be brought outside the penal institution where he is
pancuronium bromide, potassium chloride and such other confined for appearance or attendance in any court except
lethal substances as may be specified by the Director of when the Supreme Court authorizes, upon proper
Corrections that will be administered intravenously into the application, said outside movement. A judge who requires
body of a convict until said convict is pronounced dead; the appearance or attendance of a death convict in any
c. "Bureau" refers to the Bureau of Corrections; judicial proceeding shall conduct such proceeding within the
d. "Director" refers to the Director of the Bureau of premises of the penal institution where the convict is
Corrections; confined.
e. "Secretary" refers to the Secretary of the SECTION 15. How Lethal Injection is to be
Department of Justice; Administered. The execution of the death sentence by
SECTION 3. Principles. The following lethal injection shall be done under the authority of the
principles shall be observed in the implementation of these Director who shall endeavor to mitigate the sufferings of the
Rules: convict prior to and during the execution.
a. There shall be no discrimination in the treatment of a SECTION 16. Notification and Execution of the
death convict on account of race, color, religion, language, Sentence and Assistance to the Convict. The court shall
politics, nationality, social origin, property, birth or other designate a working day for the execution of the death
status. penalty but not the hour thereof. Such designation shall only
b. In the execution of a death penalty, the death be communicated to the convict after sunrise of the day of
convict shall be spared from unnecessary anxiety or distress. the execution, and the execution shall not take place until
c. The religious beliefs of the death convict shall be after the expiration of at least eight (8) hours following the
respected. notification, but before sunset. During the interval between
SECTION 4. Prison Services. Subject to the notification and execution, the convict shall, as far as
the availability of resources, a death convict shall enjoy the possible, be furnished such assistance as he may request in
following services and privileges to encourage and enhance order to be attended in his last moments by a priest or
his self-respect and dignity: minister of the religion he professes and to consult his
a. Medical and Dental; lawyers, as well as in order to make a will and confer with
b. Religious, Guidance and Counseling; members of his family or of persons in charge of the
c. Exercise; management of his business, of the administration of his
d. Visitation; and property, or of the care of his descendants.
e. Mail. SECTION 17. Suspension of the Execution of the
SECTION 5. Confinement. Whenever Death Sentence. Execution by lethal injection shall not be
practicable, the death convict shall be confined in an inflicted upon a woman within the three years next following
individual cell in a building that is exclusively assigned for the date of the sentence or while she is pregnant, nor upon
the use of death convicts. The convict shall be provided with any person over seventy (70) years of age. In this latter
a bunk, a steel/wooden bed or mat, a pillow or blanket and case, the death sentence shall be commuted to the penalty
mosquito net. of reclusion perpetua with the accessory penalties provided
in Article 40 of the Revised Penal Code.
SECTION 6. Religious Services. Subject to SECTION 18. Place of Execution. The execution by
security conditions, a death convict may be visited by the lethal injection shall take place in the prison establishment
priest or minister of his faith and given such available and space thereat as may be designated by the Director.
religious materials which he may require. Said place shall be closed to public view.
SECTION 7. Exercise. A death convict shall be SECTION 19. Execution Procedure. Details of the
allowed to enjoy regular exercise periods under the procedure prior to, during and after administering the lethal
supervision of a guard. injection shall be set forth in a manual to be prepared by the
SECTION 8. Meal Services. Meals shall, whenever Director. The manual shall contain details of, among others,
practicable, be served individually to a death convict inside the sequence of events before and after the execution;
procedures in setting up the intravenous line; the
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administration of the lethal drugs; the pronouncement of interdiction during thirty years following the date
death; and the removal of the intravenous system. sentence, unless such accessory penalties have been
Said manual shall be confidential and its distribution expressly remitted in the pardon.
shall be limited to authorized prison personnel.
SECTION 20. Quantity and Safekeeping of Drugs
Purchased. The exact quantities of the drugs needed for RPC, Art. 47. In what cases the death
an execution of a death penalty shall be purchased by the penalty shall not be imposed. The death penalty
Director pursuant to existing rules and regulations not shall be imposed in all cases in which it must be
earlier than ten (10) days before the scheduled date of imposed under existing laws, except in the following
execution. The drugs shall be kept securely at the office of cases:
the superintendent of the prison where the death sentence is 1. When the guilty person be more than seventy
to be executed. All unused drugs shall be inventoried and years of age.
disposed of properly under the direct supervision of the 2. When upon appeal or revision of the case by
Director. the Supreme court, all the members thereof are not
SECTION 21. Administering Lethal Drugs. The unanimous in their voting as to the propriety of the
injection of the lethal drugs to a death convict shall be made imposition of the death penalty. For the imposition of
by a person designated by the Director.
said penalty or for the confirmation of a judgment of the
SECTION 22. Identity of Person Administering
inferior court imposing the death sentence, the Supreme
Lethal Injection. The identity of the person who is
designated to administer the lethal injection shall be kept Court shall render its decision per curiam, which shall be
secret. signed by all justices of said court, unless some member
SECTION 23. Persons Who May Witness or members thereof shall have been disqualified from
Execution. The execution of a death convict shall be taking part in the consideration of the case, in which
witnessed only by the priest or minister assisting the even the unanimous vote and signature of only the
offender and by his lawyers, and by his relatives, not remaining justices shall be required.
exceeding six, if the convict so desires, by the physician and
the necessary personnel of the penal establishment, and by Majority vote of the SC is required for the
such persons as the Director may authorize. imposition of the death penalty.
A person below eighteen (18) years of age shall
The 1987 Constitution suspended the
not be allowed to witness an execution.
imposition of the death penalty but RA 7659 restored it.
SECTION 24. Expulsion of Witness. Any
person who makes unnecessary noise or displays rude or Death penalty is not imposed in the following
improper behavior during an execution shall be expelled cases:
from the lethal injection chamber. a. When the
SECTION 25. Non-Recording of Execution. guilty person is below 18 years of age at the
The Director shall not allow the visual, sound or other time of the commission of the crime.
recording of the actual execution by media or by any private b. When the
person or group. guilty person is more than 70 years of age.
SECTION 26. Disposition of Corpse of c. When upon
Convict. Unless claimed by his family, the corpse of a appeal or automatic review of the case by the
death convict shall, upon the completion of the legal SC, the vote of 8 members is not obtained for
proceedings subsequent to the execution, be turned over to the imposition of the death penalty.
an institution of learning or scientific research first applying
for it, for the purpose of study and investigation, provided
The death penalty is not excessive, unjust or cruel
that such institution shall take charge of the decent burial of
within the meaning of that word in the Constitution.
the remains. Otherwise, the Director shall order the burial of
the body of the convict at government expense, granting Punishments are cruel when they involve torture or
permission to be present thereat to the members of the lingering death.
family of the convict and the friends of the latter. In no case RA 296 providing that eight justices must concur
shall the burial of a death convict be held with pomp. in the imposition of death penalty is retroactive.
SECTION 27. Effectivity. These Rules Review by the SC of the death sentence is
shall take effect fifteen (15) days after publication in a absolutely necessary.
newspaper of general circulation. In what crimes is death penalty imposed:
APPROVED. 1. Treason
Adopted: April 28, 1997 2. Piracy
3. Qualified Piracy
4. Qualified bribery
1987 CONSTITUTION. Section 19. 5. Parricide
1. Excessive fines shall not be imposed, nor cruel, 6. Murder
degrading or inhuman punishment inflicted. Neither shall 7. Infanticide
death penalty be imposed, unless, for compelling 8. Kidnapping and serious
reasons involving heinous crimes, the Congress illegal detention
hereafter provides for it. Any death penalty already 9. Robbery with homicide
imposed shall be reduced to reclusion perpetua. 10. Destructive arson
2. The employment of physical, psychological, or 11. Rape with homicide
degrading punishment against any prisoner or detainee 12. Plunder
or the use of substandard or inadequate penal facilities 13. Certain violations of the
under subhuman conditions shall be dealt with by law. Dangerous Drugs Act
14. Carnapping
RPC, Art. 40. Death; Its accessory penalties.
The death penalty, when it is not executed by reason RPC, Art. 81. When and how the death penalty is
of commutation or pardon shall carry with it that of to be executed. The death sentence shall be
perpetual absolute disqualification and that of civil executed with reference to any other and shall consist in
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putting the person under sentence to death by his relatives, not exceeding six, if he so request, by the
electrocution. The death sentence shall be executed physician and the necessary personnel of the penal
under the authority of the Director of Prisons, establishment, and by such persons as the Director of
endeavoring so far as possible to mitigate the sufferings Prisons may authorize.
of the person under sentence during electrocution as
well as during the proceedings prior to the execution. The execution shall take place in the penitentiary or
If the person under sentence so desires, he shall be Bilibid in a space closed to the public view.
anaesthetized at the moment of the electrocution.
PERSONS WHO MAY WITNESS EXECUTION:
Death sentence shall be executed with preference to a. priests assisting the offender;
any other penalty. b. offenders lawyers;
Death sentence is executed by lethal injection. c. offenders relatives, not exceeding six, if so
The death sentence shall be carried out not earlier requested;
than 1 year nor later than 18 months after the judgment d. physician, and
becomes final and executory, without prejudice to the e. necessary personnel of penal establishment
exercise by the President of his executive clemency a person below 18 years of age may not be allowed
powers. to witness an execution.
Art. 82. Notification and execution of the RPC, Art. 85. Provisions relative to the corpse of
sentence and assistance to the culprit. The court the person executed and its burial. Unless claimed
shall designate a working day for the execution but not by his family, the corpse of the culprit shall, upon the
the hour thereof; and such designation shall not be completion of the legal proceedings subsequent to the
communicated to the offender before sunrise of said execution, be turned over to the institute of learning or
day, and the execution shall not take place until after scientific research first applying for it, for the purpose of
the expiration of at least eight hours following the study and investigation, provided that such institute
notification, but before sunset. During the interval shall take charge of the decent burial of the remains.
between the notification and the execution, the culprit Otherwise, the Director of Prisons shall order the burial
shall, in so far as possible, be furnished such assistance of the body of the culprit at government expense,
as he may request in order to be attended in his last granting permission to be present thereat to the
moments by priests or ministers of the religion he members of the family of the culprit and the friends of
professes and to consult lawyers, as well as in order to the latter. In no case shall the burial of the body of a
make a will and confer with members of his family or person sentenced to death be held with pomp.
persons in charge of the management of his business, of
the administration of his property, or of the care of his The burial of the body of a person sentenced to death
descendants. should not be held with pomp.
- The purpose of the law is to prevent anyone
A convict sentenced to death may make a will. from making a hero out of a criminal.
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circumstance of the parties and compel the courts to repeals all such statutory provisions requiring the
intervene and adjust the rights of the litigants to application of the death penalty, such effect necessarily
prevent unfairness. The SC did not restrain the extends to its relevance to the graduated scale of
effectivity of the law enacted by the Congress. It merely penalties under Article 71.
restrained the execution of its judgment to give The court cannot find basis to conclude that
reasonable time to check its fairness in light of Rep. Act No. 9346 intended to retain the operative
supervening events in Congress. effects of the death penalty in the graduation of the
other penalties in our penal laws. Munoz cannot enjoin
People v. Esparas us to adopt such conclusion. Rep. Act No. 9346 is not
260 SCRA 539 (1996) swaddled in the same restraints appreciated by Muoz
Facts: Esparas was charged with violation of on Section 19(1), Article III. The very Congress
RA 6425 as amended by RA 7259 for importing into the empowered by the Constitution to reinstate the
country 20kg of shabu. As the accused remains at large imposition of the death penalty once thought it best to
up to the present time, the issue that confronts the do so, through Rep. Act No. 7650. Within the same
Court is whether or not it will proceed to automatically realm of constitutional discretion, Congress has reversed
review her death sentence. itself. It must be asserted that today, the legal status of
Held: The reimposition of the death penalty the suppression of the death penalty in the Philippines
revived the procedure by which the Supreme Court has never been more secure than at any time in our
reviews death penalty cases pursuant to the Rules of political history as a nation.
Court it remains automatic and continues to be
mandatory and does not depend on the whims of the AFFLICTIVE PENALTIES
death convict and leaves the SC without any option. Any
court decision authorizing the State to take life must be
Art. 27. Reclusion perpetua. Any person
as error-free as possible. It is not only within the power
sentenced to any of the perpetual penalties shall be
of the SC but also it is its duty to review all death
pardoned after undergoing the penalty for thirty years,
penalty cases.
unless such person by reason of his conduct or some
Sec. 8 of Rule 124 of the Rules of Court which
other serious cause shall be considered by the Chief
authorizes the dismissal of an appeal when the appellant
Executive as unworthy of pardon.
jumps bail has no application to cases where the death
Reclusion temporal. The penalty of
penalty has been imposed.
reclusion temporal shall be from twelve years and one
day to twenty years.
People v. Munoz
Prision mayor and temporary
170 SCRA 107(1989)
disqualification. The duration of the penalties of
Facts: Of the 11 persons who were charged
prision mayor and temporary disqualification shall be
with murder, only 4 were identified and convicted. They
from six years and one day to twelve years, except
were held guilty for killing 3 persons.
when the penalty of disqualification is imposed as an
Held: The advocates of the Masangkay ruling
accessory penalty, in which case its duration shall be
argue that the Constitution abolished the death penalty
that of the principal penalty.
and thereby limited the penalty for murder to the
remaining periods, to wit, the minimum and the
medium. However, a reading of the Constitution will Art. 41. Reclusion perpetua and reclusion
readily show that there is really nothing therein which temporal; Their accessory penalties. The
expressly declares the abolition of death penalty. It penalties of reclusion perpetua and reclusion temporal
merely states that the death penalty shall not be shall carry with them that of civil interdiction for life or
imposed unless for compelling reasons involving heinous during the period of the sentence as the case may be,
crimes the Congress hereafter provides for it and, if and that of perpetual absolute disqualification which the
already imposed, shall be reduced to reclusion perpetua. offender shall suffer even though pardoned as to the
The Constitution does not change the principal penalty, unless the same shall have been
periods of the penalty prescribed by Art. 248 of the RPC, expressly remitted in the pardon.
except only in so far as it prohibits the imposition of the
death penalty and reduces it to reclusion perpetua. The Art. 42. Prision mayor; Its accessory
range of the medium and minimum penalties remains penalties. The penalty of prision mayor, shall carry
unchanged. The problem is an event is addressed not to with it that of temporary absolute disqualification and
this Court but to the Congress. that of perpetual special disqualification from the right of
suffrage which the offender shall suffer although
Abolition of the Death Penalty pardoned as to the principal penalty, unless the same
shall have been expressly remitted in the pardon.
Republic Act No. 9346
RECLUSION PERPETUA
People v. Bon (2006)
Held: Yet in truth, there is no material Duration: 20 years and 1 day to 40 years
difference between imposition and application, for Accessory Penalties:
both terms embody the operation in law of the death a. Civil interdiction for life or during
penalty. Since Article 71 denominates death as an the period of the sentence as the case may be.
element in the graduated scale of penalties, there is no b. Perpetual Absolute
question that the operation of Article 71 involves the Disqualification which the offender shall suffer
actual application of the death penalty as a means of even though pardoned as to the principal
determining the extent which a persons liberty is to be penalty, unless the same shall have been
deprived. Since Rep. Act No. 9346 unequivocally bars expressly remitted in the pardon.
the application of the death penalty, as well as expressly
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4. If the principal penalty imposed is not to be 2. When the principal penalty imposed be only
executed by confinement in a penal institution, but such a fine, the subsidiary imprisonment shall not exceed six
penalty is of fixed duration, the convict, during the months, if the culprit shall have been prosecuted for a
period of time established in the preceding rules, shall grave or less grave felony, and shall not exceed fifteen
continue to suffer the same deprivations as those of days, if for a light felony.
which the principal penalty consists. 3. When the principal imposed is higher than
5. The subsidiary personal liability which the prision correccional, no subsidiary imprisonment shall be
convict may have suffered by reason of his insolvency imposed upon the culprit.
shall not relieve him, from the fine in case his financial 4. If the principal penalty imposed is not to be
circumstances should improve. (As amended by RA executed by confinement in a penal institution, but such
5465, April 21, 1969). penalty is of fixed duration, the convict, during the
period of time established in the preceding rules, shall
Art. 43. Prision correccional; Its accessory continue to suffer the same deprivations as those of
penalties. The penalty of prision correccional shall which the principal penalty consists.
carry with it that of suspension from public office, from 5. The subsidiary personal liability which the
the right to follow a profession or calling, and that of convict may have suffered by reason of his insolvency
perpetual special disqualification from the right of shall not relieve him, from the fine in case his financial
suffrage, if the duration of said imprisonment shall circumstances should improve. (As amended by RA
exceed eighteen months. The offender shall suffer the 5465, April 21, 1969).
disqualification provided in the article although pardoned
as to the principal penalty, unless the same shall have Art. 44. Arresto; Its accessory penalties. The
been expressly remitted in the pardon. penalty of arresto shall carry with it that of suspension
of the right too hold office and the right of suffrage
during the term of the sentence.
Art. 44. Arresto; Its accessory penalties.
The penalty of arresto shall carry with it that of
suspension of the right too hold office and the right of ARRESTO MENOR
suffrage during the term of the sentence.
Duration: 1 day to 30 days
Accessory Penalties:
PRISION CORRECCIONAL
a. Suspension of right to hold office
b. Suspension of the right of suffrage during the
Duration: 6 months and 1 day to 6 years
term of the sentence.
Accessory Penalties:
a. Suspension from public office
PUBLIC CENSURE
b. Suspension from the right to follow a
profession or calling
Censure, being a penalty is not proper in acquittal.
c. Perpetual Special Disqualification fro the right
of suffrage, if the duration of the imprisonment
shall exceed 18 months PENALTIES COMMON TO AFFLICTIVE,
CORRECCIONAL AND LIGHT PENALTIES
Duration: 1 month and 1 day to 6 months Art. 26. When afflictive, correctional, or
Accessory Penalties: light penalty. A fine, whether imposed as a single of
a. Suspension of right to hold office as an alternative penalty, shall be considered an
b. Suspension of the right of suffrage during the afflictive penalty, if it exceeds 6,000 pesos; a
term of the sentence. correctional penalty, if it does not exceed 6,000 pesos
but is not less than 200 pesos; and a light penalty if it
LIGHT PENALTIES less than 200 pesos.
Art. 27 (6). Arresto menor. The duration This article merely classifies fine and has nothing to do
of the penalty of arresto menor shall be from one day to with the definition of light felony.
thirty days.
Fine is:
Art. 39. Subsidiary penalty. If the convict 1. Afflictive over P6,000
has no property with which to meet the fine mentioned 2. Correctional P200 to P6,000
in the paragraph 3 of the nest preceding article, he shall 3. Light Penalty less than P200
be subject to a subsidiary personal liability at the rate of
one day for each eight pesos, subject to the following Art. 66. Imposition of fines. In imposing
rules: fines the courts may fix any amount within the limits
1. If the principal penalty imposed be prision established by law; in fixing the amount in each case
correccional or arresto and fine, he shall remain under attention shall be given, not only to the mitigating and
confinement until his fine referred to in the preceding aggravating circumstances, but more particularly to the
paragraph is satisfied, but his subsidiary imprisonment wealth or means of the culprit.
shall not exceed one-third of the term of the sentence,
and in no case shall it continue for more than one year, The court can fix any amount of the fine within the
and no fraction or part of a day shall be counted against limits established by law.
the prisoner. The court must consider:
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a. The mitigating and aggravating circumstances; and public office, profession or calling shall produce the
b. More particularly, the wealth or means of the following effects:
culprit. 1. The deprivation of the office, employment,
When the law does not fix the minimum of the fine, profession or calling affected;
the determination of the amount of the fine to be 2. The disqualification for holding similar
imposed upon the culprit is left to the sound discretion offices or employments either perpetually or during the
of the court, provided it shall not exceed the maximum term of the sentence according to the extent of such
authorized by law. disqualification.
Fines are not divided into 3 equal portions.
Art. 32. Effect of the penalties of perpetual or
BOND TO KEEP THE PEACE
temporary special disqualification for the exercise
of the right of suffrage. The perpetual or
Art. 35. Effects of bond to keep the peace. temporary special disqualification for the exercise of the
It shall be the duty of any person sentenced to give right of suffrage shall deprive the offender perpetually or
bond to keep the peace, to present two sufficient during the term of the sentence, according to the nature
sureties who shall undertake that such person will not of said penalty, of the right to vote in any popular
commit the offense sought to be prevented, and that in election for any public office or to be elected to such
case such offense be committed they will pay the office. Moreover, the offender shall not be permitted to
amount determined by the court in the judgment, or hold any public office during the period of his
otherwise to deposit such amount in the office of the disqualification.
clerk of the court to guarantee said undertaking.
The court shall determine, according to its
discretion, the period of duration of the bond. Art. 33. Effects of the penalties of suspension from
Should the person sentenced fail to give the any public office, profession or calling, or the right
bond as required he shall be detained for a period which of suffrage. The suspension from public office,
shall in no case exceed six months, is he shall have been profession or calling, and the exercise of the right of
prosecuted for a grave or less grave felony, and shall suffrage shall disqualify the offender from holding such
not exceed thirty days, if for a light felony. office or exercising such profession or calling or right of
suffrage during the term of the sentence.
The person suspended from holding public office shall
The offender must present 2 sufficient
not hold another having similar functions during the
sureties who shall undertake that the offender will not
period of his suspension.
commit the offense sought to be prevented, and that in
case such offense be committed they will pay the
amount determined by the court; or Art. 34. Civil interdiction. Civil interdiction shall
The offender must deposit such amount with deprive the offender during the time of his sentence of
the clerk of court to guarantee said undertaking; or the rights of parental authority, or guardianship, either
The offender may be detained, if he cannot as to the person or property of any ward, of marital
give the bond, for a period not to exceed 6 months if authority, of the right to manage his property and of the
prosecuted for grave or less grave felony, or for a period right to dispose of such property by any act or any
not to exceed 30 days, if for a light felony. conveyance inter vivos.
Bond to keep the peace is different from bail bon which Art. 41. Reclusion perpetua and reclusion
is posted for the provisional release of a person arrested temporal; Their accessory penalties. The
for or accused of a crime. penalties of reclusion perpetua and reclusion temporal
shall carry with them that of civil interdiction for life or
D. ACCESSORY PENALTIES during the period of the sentence as the case may be,
and that of perpetual absolute disqualification which the
Art. 30. Effects of the penalties of perpetual or offender shall suffer even though pardoned as to the
temporary absolute disqualification. The penalties principal penalty, unless the same shall have been
of perpetual or temporary absolute disqualification for expressly remitted in the pardon.
public office shall produce the following effects:
1. The deprivation of the public offices and Art. 42. Prision mayor; Its accessory penalties.
employments which the offender may have held even if The penalty of prision mayor, shall carry with it that of
conferred by popular election. temporary absolute disqualification and that of perpetual
2. The deprivation of the right to vote in any special disqualification from the right of suffrage which
election for any popular office or to be elected to such the offender shall suffer although pardoned as to the
office. principal penalty, unless the same shall have been
3. The disqualification for the offices or public expressly remitted in the pardon.
employments and for the exercise of any of the rights
mentioned. Art. 43. Prision correccional; Its accessory
In case of temporary disqualification, such penalties. The penalty of prision correccional shall
disqualification as is comprised in paragraphs 2 and 3 of carry with it that of suspension from public office, from
this article shall last during the term of the sentence. the right to follow a profession or calling, and that of
4. The loss of all rights to retirement pay or perpetual special disqualification from the right of
other pension for any office formerly held. suffrage, if the duration of said imprisonment shall
exceed eighteen months. The offender shall suffer the
Art. 31. Effect of the penalties of perpetual or disqualification provided in the article although pardoned
temporary special disqualification. The penalties as to the principal penalty, unless the same shall have
of perpetual or temporal special disqualification for been expressly remitted in the pardon.
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2) Guardianship
Art. 44. Arresto; Its accessory penalties. The over the ward
penalty of arresto shall carry with it that of suspension 3) Marital authority
of the right to hold office and the right of suffrage during 4) Right to manage
the term of the sentence. property and to dispose of the same by acts
inter vivos
Art. 45. Confiscation and forfeiture of the proceeds
Civil interdiction is an accessory penalty to the
or instruments of the crime. Every penalty
following principal penalties:
imposed for the commission of a felony shall carry with
a) Death if commuted to life imprisonment;
it the forfeiture of the proceeds of the crime and the
b) Reclusion perpetua
instruments or tools with which it was committed.
c) Reclusion temporal
Such proceeds and instruments or tools shall be
confiscated and forfeited in favor of the Government,
INDEMNIFICATION OR CONFISCATION OF
unless they be property of a third person not liable for
INSTRUMENTS ORPROCEES OF THEOFFENSE
the offense, but those articles which are not subject of
lawful commerce shall be destroyed.
This is included in every penalty for the commission of
the crime.
PERPETUAL OR TEMPORARY ABSOLUTE The confiscation is in favor of the government.
DISQUALIFICATION Property of a third person not liable for the offense is
not subject to confiscation.
Effects: If the trial court did not order any confiscation of the
a. Deprivation of any public office or employment procees of the crime, the government cannot appeal
f offender from the confiscation as that would increase the penalty
b. Deprivation of the right to vote in any election already imposed.
or to be voted upon
c. Loss of rights to retirement pay or pension PAYMENT OF COSTS
All these effects last during the lifetime of the convict Includes:
and even after the service of the sentence except as a. Fees, and
regards paragraphs 2 and 3 of the above in connection b. Indemnities, in the course of judicial
with temporary absolute disqualification. proceedings.
PERPETUAL OR TEMPORARY SPECIAL Costs may be fixed amounts already determined by
DISQUALIFICATION law or regulations or amounts subject to a schedule.
Effects: If the accused is convicted; costs may be charged
For public office, profession or calling: against him. If he is acquitted, costs are de officio,
a. Deprivation of the office, employment, profession meaning each party bears his own expense.
or calling affected;
b. Disqualification for holding similar offices or
employments during the period of disqualification;
E. MEASURES NOT CONSIDERED PENALTY
For the exercise of right to suffrage:
c. Deprivation of the right to vote or to be elected in RPC, Art. 24. Measures of prevention or
an office; safety which are nor considered penalties. The
d. Cannot hold any public office during the period of following shall not be considered as penalties:
disqualification 1. The arrest and temporary detention of
accused persons, as well as their detention by reason of
The penalty for disqualification if imposed as an insanity or imbecility, or illness requiring their
accessory penalty is imposed for PROTECTION and NOT confinement in a hospital.
for the withholding of a privilege. 2. The commitment of a minor to any of the
Temporary disqualification or suspension if imposed as institutions mentioned in Article 80 and for the purposes
an accessory penalty, the duration is the same as that of specified therein.
the principal penalty. 3. Suspension from the employment of public
office during the trial or in order to institute
SUSPENSION FROM PUBLIC OFFICE, THE RIGHT TO proceedings.
VOTE AND BE VOTED FOR, THE RIGHT TO 4. Fines and other corrective measures which,
PRACTICE A PROFESSION OR CALLING in the exercise of their administrative disciplinary
powers, superior officials may impose upon their
Effects: subordinates.
a. Disqualification from holding such office or the 5. Deprivation of rights and the reparations
exercise of such profession or right of suffrage which the civil laws may establish in penal form.
during the term of the sentence;
b. Cannot hold another office having similar They are not penalties because they are not imposed
functions during the period of suspension. as a result of judicial proceedings. Those mentioned in
par. 3 and 4 are merely preventive measures before
CIVIL INTERDICTION conviction of offenders.
Effects: The commitment of a minor mentioned in par. 2 is not
Deprivation of the following rights: a penalty because it is not imposed by the court in a
1) Parental judgment of conviction. The imposition of the sentence
authority in such case is suspended.
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The succeeding provisions are some examples of If the offender is undergoing preventive
deprivation of rights established in penal form: imprisonment, Rule No. 3 applies but the offender is
entitled to a deduction of full time or 4/5 of the time of
Family Code, Art. 228. Parental authority his detention.
terminates permanently:
(1) Upon the death of the parents; Art. 29. Period of preventive
(2) Upon the death of the child; or imprisonment deducted from term of
(3) Upon emancipation of the child. (327a) imprisonment. Offenders who have undergone
preventive imprisonment shall be credited in the service
Family Code, Art. 229. Unless subsequently of their sentence consisting of deprivation of liberty,
revived by a final judgment, parental authority also with the full time during which they have undergone
terminates: preventive imprisonment, if the detention prisoner
(1) Upon adoption of the child; agrees voluntarily in writing to abide by the same
(2) Upon appointment of a general guardian; disciplinary rules imposed upon convicted prisoners,
(3) Upon judicial declaration of abandonment except in the following cases:
of the child in a case filed for the purpose; 1. When they are recidivists or have been
(4) Upon final judgment of a competent court convicted previously twice or more times of any crime;
divesting the party concerned of parental authority; or and
(5) Upon judicial declaration of absence or 2. When upon being summoned for the
incapacity of the person exercising parental authority. execution of their sentence they have failed to surrender
(327a) voluntarily.
If the detention prisoner does not agree to
abide by the same disciplinary rules imposed upon
F. APPLICATION AND COMPUTATION OF convicted prisoners, he shall be credited in the service of
PENALTIES his sentence with four-fifths of the time during which he
has undergone preventive imprisonment. (As amended
Art. 28. Computation of penalties. If the by Republic Act 6127, June 17, 1970).
offender shall be in prison, the term of the duration of Whenever an accused has undergone
the temporary penalties shall be computed from the day preventive imprisonment for a period equal to or more
on which the judgment of conviction shall have become than the possible maximum imprisonment of the offense
final. charged to which he may be sentenced and his case is
If the offender be not in prison, the term of the not yet terminated, he shall be released immediately
duration of the penalty consisting of deprivation of without prejudice to the continuation of the trial thereof
liberty shall be computed from the day that the offender or the proceeding on appeal, if the same is under
is placed at the disposal of the judicial authorities for the review. In case the maximum penalty to which the
enforcement of the penalty. The duration of the other accused may be sentenced is destierro, he shall be
penalties shall be computed only from the day on which released after thirty (30) days of preventive
the defendant commences to serve his sentence. imprisonment. (As amended by E.O. No. 214, July 10,
1988).
Rules for the computation of penalties:
1. WHEN THE OFFENDER IS IN PRISON the The accused undergoes preventive imprisonment
duration of temporary penalties is from the day on when the offense charged is nonbailable, or even if
which the judgment of conviction becomes final. bailable, he cannot furnish the required bail.
2. WHEN THE OFFENDER IS NOT IN PRISON The convict is to be released immediately if the
the duration of penalty consisting in deprivation penalty imposed after trial is less than the full time or
of liberty, is from the day that the offender is four-fifths of the time of the preventive imprisonment.
placed at the disposal of judicial authorities for the The accused shall be released immediately whenever
enforcement of the penalty. he has undergone preventive imprisonment for a period
3. THE DURATION OF OTHER PENALTIES equal to or more than the possible maximum
the duration is from the day on which the offender imprisonment for the offense charged.
commences to serve his sentence
Art. 46. Penalty to be imposed upon
Examples of temporary penalties: principals in general. The penalty prescribed by law
1. Temporary absolute disqualification for the commission of a felony shall be imposed upon
2. Temporary special disqualification the principals in the commission of such felony.
3. Suspension Whenever the law prescribes a penalty for a
felony is general terms, it shall be understood as
If offender is under detention, as when he is applicable to the consummated felony.
undergoing preventive imprisonment, Rule No. 1
applies. GENERAL RULE:
If not under detention, because the offender has been The penalty prescribed by law in general terms shall be
released on bail, Rule No. 3 applies. imposed:
a. Upon the principals
Examples of penalties consisting in deprivation of b. For consummated felony
liberty: EXCEPTION:
1. Imprisonment The exception is when the penalty to be
2. Destierro imposed upon the principal in frustrated or attempted
felony is fixed by law.
When the offender is not in prison, Rule No. 2 applies.
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Whenever it is believed that the penalty lower by one Art. 53. Penalty to be imposed upon
or two degrees corresponding to said acts of execution is accessories to the commission of a consummated
not in proportion to the wrong done, the law fixes a felony. The penalty lower by two degrees than that
distinct penalty for the principal in frustrated or prescribed by law for the consummated felony shall be
attempted felony. imposed upon the accessories to the commission of a
The graduation of penalties by degrees refers to consummated felony.
STAGES OF EXECUTION (consummated, frustrated or
attempted) and to the DEGREE OF THE CRIMINAL
Art. 54. Penalty to imposed upon
PARTICIPATION OF THE OFFENDER (whether as
accomplices in a frustrated crime. The penalty
principal, accomplice or accessory)
next lower in degree than prescribed by law for the
The division of a divisible penalty into three periods,
frustrated felony shall be imposed upon the accomplices
as maximum, medium and minimum, refers to the
in the commission of a frustrated felony.
proper period of the penalty which should be imposed
when aggravating or mitigating circumstances attend
the commission of the crime. Art. 55. Penalty to be imposed upon
accessories of a frustrated crime. The penalty
People v. Formigones lower by two degrees than that prescribed by law for the
87 Phil 658 (1950) frustrated felony shall be imposed upon the accessories
Facts: The accused without a previous quarrel to the commission of a frustrated felony.
or provocation took his bolo and stabbed his wife in the
back resulting to the latters death. The accused was Art. 56. Penalty to be imposed upon
sentenced to the penalty of reclusion perpetua. accomplices in an attempted crime. The penalty
Held: The penalty applicable for parricide next lower in degree than that prescribed by law for an
under Art. 246 of the RPC is composed only of 2 attempt to commit a felony shall be imposed upon the
indivisible penalties, reclusion perpetua to death. accomplices in an attempt to commit the felony.
Although the commission of the act is attended by some
mitigating circumstance without any aggravating
Art. 57. Penalty to be imposed upon
circumstance to offset them, Art. 63 of the RPC should
accessories of an attempted crime. The penalty
CONSUMMATED FRUSTRATED ATTEMPTED lower by two degrees than that prescribed by law for the
PRINCIPALS 0 1 2 attempted felony shall be imposed upon the accessories
to the attempt to commit a felony.
ACCOMPLICES 1 2 3
ACCESSORIES 2 3 4 DIAGRAM OF THE APPLICATION OF ARTS. 50-57:
be applied. The said article provides that when the 0 represents the penalty prescribed by law in defining
commission of the act is attended by some mitigating a crime, which is to be imposed n the PRINCIPAL in a
circumstance and there is no aggravating circumstance, CONSUMMATED OFFENSE, in accordance with the
the lesser penalty shall be applied. provisions of Art. 46. The other figures represent the
degrees to which the penalty must be lowered, to meet
PRINCIPALS, ACCOMPLICES AND ACCESSORIES IN the different situation anticipated by law.
CONSUMMATED, FRUSTRATED AND ATTEMPTED
FELONIES. EXCEPTIONS: Arts. 50 to 57 shall not apply to cases
where the law expressly prescribes the penalty for
Art. 46. Penalty to be imposed upon frustrated or attempted felony, or to be imposed upon
principals in general. The penalty prescribed by law accomplices or accessories.
for the commission of a felony shall be imposed upon
the principals in the commission of such felony. BASES FOR THE DETERMINATION OF THE EXTENT
Whenever the law prescribes a penalty for a felony is OF PENALTY:
general terms, it shall be understood as applicable to the 1. The stage reached by the crime in its
consummated felony. development (either attempted, frustrated or
consummated)
2. The participation therein of the person liable.
Art. 50. Penalty to be imposed upon 3. The aggravating or mitigating circumstances
principals of a frustrated crime. The penalty next which attended the commission of the crime.
lower in degree than that prescribed by law for the
consummated felony shall be imposed upon the principal A DEGREE is one entire penalty, one whole
in a frustrated felony. penalty or one unit of the penalties enumerated in the
Art. 51. Penalty to be imposed upon principals of graduated scales provided for in Art. 71. Each of the
attempted crimes. A penalty lower by two degrees penalties of reclusion perpetua, reclusion temporal,
than that prescribed by law for the consummated felony prision mayor, etc., enumerated in the graduated scales
shall be imposed upon the principals in an attempt to of Art. 71 is a degree.
commit a felony. When there is a mitigating or aggravating
circumstance, the penalty is lowered or increased by
Art. 52. Penalty to be imposed upon PERIOD only, except when the penalty is divisible and
accomplices in consummated crime. The penalty there are two or more mitigating and without
next lower in degree than that prescribed by law for the aggravating circumstances, in which case the penalty is
consummated shall be imposed upon the accomplices in lowered by degree.
the commission of a consummated felony.
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A PERIOD is one of the three equal portions penalty and the maximum periods of the proper divisible
called the minimum, medium and maximum of a penalty and the maximum period of that immediately
divisible penalty. following in said respective graduated scale.
4. when the penalty prescribed for the crime is
Art. 60. Exception to the rules established composed of several periods, corresponding to different
in Articles 50 to 57. The provisions contained in divisible penalties, the penalty next lower in degree shall
Articles 50 to 57, inclusive, of this Code shall not be be composed of the period immediately following the
applicable to cases in which the law expressly prescribes minimum prescribed and of the two next following,
the penalty provided for a frustrated or attempted which shall be taken from the penalty prescribed, if
felony, or to be imposed upon accomplices or possible; otherwise from the penalty immediately
accessories. following in the above mentioned respective graduated
scale.
Arts. 50 to 57 shall not apply to cases where the law 5. When the law prescribes a penalty for a
expressly prescribes the penalty for frustrated or crime in some manner not especially provided for in the
attempted felony, or to be imposed upon accomplices or four preceding rules, the courts, proceeding by analogy,
accessories. shall impose corresponding penalties upon those guilty
GENERAL RULE: An accomplice is punished by a as principals of the frustrated felony, or of attempt to
penalty one degree lower than the penalty imposed commit the same, and upon accomplices and
upon the principal. accessories.
EXCEPTIONS:
a. The ascendants, guardians, curators, This article provides for the rules to be observed in
teachers and any person who by abuse of lowering the penalty by one or two degrees.
authority or confidential relationship, shall a. For the principal in frustrated felony one
cooperate as accomplices in the crimes of rape, degree lower;
acts of lasciviousness, seduction, corruption of b. For the principal in attempted felony two
minors, white slate trade or abduction. (Art. 346) degrees lower;
b. One who furnished the place for the c. For the accomplice in consummated felony
perpetration of the crime of slight illegal one degree lower; and
detention. (Art. 268) d. For the accessory in consummated felony
two degrees lower.
GENERAL RULE: An accessory is punished by a penalty The rules provided for in Art. 61 should also apply
two degrees lower than the penalty imposed upon the in determining the MINIMUM of the indeterminate
principal. penalty under the Indeterminate Sentence Law. The
EXCEPTION: When accessory is punished as principal MINIMUM of the indeterminate penalty is within the
knowingly concealing certain evil practices is ordinarily range of the penalty next lower than that prescribed by
an act of the accessory, but in Art. 142, such act is the RPC for the offense.
punished as the act of the principal. Those rules also apply in lowering the penalty by
When accessories are punished with a penalty one or two degrees by reason of the presence of
one degree lower: privileged mitigating circumstance (Arts. 68 and 69), or
a. Knowingly using counterfeited seal or forged when the penalty is divisible and there are two or more
signature or stamp of the President (Art. 162). mitigating circumstances (generic) and no aggravating
b. Illegal possession and use of a false treasury circumstance (Art. 64).
or bank note (Art. 168). The lower penalty shall be taken from the
c. Using falsified document (Art. 173 par.3 ) graduated scale in Art. 71.
d. Using falsified dispatch (Art. 173 par. 2)
The INDIVISIBLE PENALTIES are:
Art. 61. Rules for graduating penalties. a. death
For the purpose of graduating the penalties which, b. reclusion perpetua
according to the provisions of Articles 50 to 57, c. public censure
inclusive, of this Code, are to be imposed upon persons The DIVISIBLE PENALTIES are:
guilty as principals of any frustrated or attempted a. reclusion temporal
felony, or as accomplices or accessories, the following b. prision mayor
rules shall be observed: c. prision correccional
1. When the penalty prescribed for the felony d. arresto mayor
is single and indivisible, the penalty next lower in e. destierro
degrees shall be that immediately following that f. arresto menor
indivisible penalty in the respective graduated scale * the divisible penalties are divided into three periods:
prescribed in Article 71 of this Code. MINIMUM, MEDIUM AND THE MAXIMUM
2. When the penalty prescribed for the crime is
composed of two indivisible penalties, or of one or more RULES:
divisible penalties to be impose to their full extent, the
penalty next lower in degree shall be that immediately FIRST RULE:
following the lesser of the penalties prescribed in the When the penalty is single and indivisible.
respective graduated scale. Ex. reclusion perpetua
3. When the penalty prescribed for the crime is The penalty immediately following it is
composed of one or two indivisible penalties and the reclusion temporal. Thus, reclusion temporal is the
maximum period of another divisible penalty, the penalty next lower in degree.
penalty next lower in degree shall be composed of the
medium and minimum periods of the proper divisible SECOND RULE:
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When the penalty is composed of two indivisible - If the penalty is any one of the three periods
penalties of a divisible penalty, the penalty next lower in degree
Ex. reclusion perpetua to death shall be that period next following the given penalty.
The penalty immediately following Ex. Prision Mayor in its MAXIMUM period
the lesser of the penalties, which is reclusion The penalty immediately inferior is prision
perpetua, is reclusion temporal. mayor in its MEDIUM period.
When the penalty is composed of one or more divisible
penalties to be imposed to their full extent SIMPLIFIED RULES:
Ex. prision correccional to prision mayor The rules prescribed in pars. 4 and 5 of Art. 61
The penalty immediately following may be simplified as follows:
the lesser of the penalties of prision 1. If the penalty prescribed by the
correccional to prision mayor is arresto mayor. Code consists in 3 periods, corresponding to
different divisible penalties, the penalty next lower
THIRD RULE: in degree is the penalty consisting in the 3 periods
When the penalty is composed of two indivisible down in the scale.
penalties and the maximum period of a divisible penalty 2. If the penalty prescribed b the
Ex. reclusion temporal in its MAXIMUM period Code consists in 2 periods, the penalty next lower
to death in degree is the penalty consisting in 2 periods
Death down in the scale.
Reclusion Penalty for the principal in 3. If the penalty prescribed by the
Perpetua consummated murder Code consists in only 1 period, the penalty next
lower in degree is the next period down in the
Maximum
scale.
Reclusion Medium Penalty for accomplice; or
Temporal Minimum for principal in frustrated
murder EFFECTS OF MITIGATING AND AGGRAVATING
Maximum
CIRCUMSTANCES
Prision Medium
Mayor Minimum
Art. 62. Effect of the attendance of mitigating
When the penalty is composed of one indivisible penalty or aggravating circumstances and of habitual
and the maximum period of a divisible penalty delinquency. Mitigating or aggravating
Ex. Reclusion temporal in its MAXIMUM period circumstances and habitual delinquency shall be taken
to Reclusion perpetua into account for the purpose of diminishing or increasing
The same rule shall be observed in lowering the penalty in conformity with the following rules:
the penalty by one or two degrees. 1. Aggravating circumstances which in themselves
constitute a crime specially punishable by law or which
FOURTH RULE: are included by the law in defining a crime and
When the penalty is composed of several periods prescribing the penalty therefor shall not be taken into
- This rule contemplates a penalty composed of account for the purpose of increasing the penalty.
at least 3 periods. The several periods must correspond 2. The same rule shall apply with respect to any
to different divisible penalties. aggravating circumstance inherent in the crime to such
Ex. Prision Mayor in its MEDIUM period to a degree that it must of necessity accompany the
Reclusion temporal in its MINIMUM period. commission thereof.
3. Aggravating or mitigating circumstances which
Reclusion Maximum arise from the moral attributes of the offender, or from
temporal Medium his private relations with the offended party, or from any
other personal cause, shall only serve to aggravate or
Minimum Penalty for the principal in
mitigate the liability of the principals, accomplices and
Prision Maximum the consummated felony
accessories as to whom such circumstances are
Mayor Medium
attendant.
Minimum Penalty for the accomplice; 4. The circumstances which consist in the material
Prision Maximum or principal in frustrated execution of the act, or in the means employed to
Correccional Medium felony accomplish it, shall serve to aggravate or mitigate the
Minimum liability of those persons only who had knowledge of
them at the time of the execution of the act or their
FIFTH RULE: cooperation therein.
When the penalty has two periods 5. Habitual delinquency shall have the following
Ex. Prision correccional in its MINIMUM and effects:
MEDIUM periods (a) Upon a third conviction the culprit shall be
sentenced to the penalty provided by law for the last
Prision Maximum crime of which he be found guilty and to the additional
correccional penalty of prision correccional in its medium and
Medium The penalty prescribed for
maximum periods;
Minimum the felony
(b) Upon a fourth conviction, the culprit shall be
Maximum
sentenced to the penalty provided for the last crime of
Arresto Mayor Medium The penalty next lower
which he be found guilty and to the additional penalty of
Minimum prision mayor in its minimum and medium periods; and
(c) Upon a fifth or additional conviction, the culprit
When the penalty has one period shall be sentenced to the penalty provided for the last
crime of which he be found guilty and to the additional
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penalty of prision mayor in its maximum period to In no case shall the total of the 2
reclusion temporal in its minimum period. penalties imposed upon the offender exceed 30
Notwithstanding the provisions of this article, the years.
total of the two penalties to be imposed upon the The law does not apply to crimes
offender, in conformity herewith, shall in no case exceed described in Art. 155
30 years. The imposition of the additional penalty on
For the purpose of this article, a person shall be habitual delinquents are CONSTITUTIONAL
deemed to be habitual delinquent, if within a period of because such law is neither an EX POST FACTO
ten years from the date of his release or last conviction LAW nor an additional punishment for future
of the crimes of serious or less serious physical injuries, crimes. It is simply a punishment on future
robo, hurto, estafa or falsification, he is found guilty of crimes on account of the criminal propensities of
any of said crimes a third time or oftener. the accused.
The imposition of such additional penalties
What are the effects of the attendance of is mandatory and is not discretionary.
mitigating or aggravating circumstances? Habitual delinquency applies at any stage
a. Aggravating circumstances which are not of the execution because subjectively, the
considered for the purpose of increasing the offender reveals the same degree of depravity or
penalty: perversity as the one who commits a
1. Those which in themselves constitute a consummated crime.
crime especially punishable by law. It applies to all participants because it
2. Those included by law in defining the reveals persistence in them of the inclination to
crime. wrongdoing and of the perversity of character
3. Those inherent in the crime but of that led them to commit the previous crime.
necessity they accompany the commission
thereof. Cases where attending aggravating or mitigating
b. Aggravating or mitigating circumstances that circumstances are not considered in the
serve to aggravate or mitigate the liability of the imposition of penalties
offender to whom such are attendant. Those - Penalty that is single and indivisible
arising from: - Felonies through negligence
1. Moral attributes of the offender - When the penalty is a fine
2. His private relations with the offended - When the penalty is prescribed by a special law.
party
3. Any other personal cause Art. 63. Rules for the application of indivisible
penalties. In all cases in which the law prescribes a
c. Aggravating or mitigating circumstances that single indivisible penalty, it shall be applied by the
affect the offenders only who had knowledge of courts regardless of any mitigating or aggravating
them at the time of the execution of the act or circumstances that may have attended the commission
their cooperation therein. Those which consist: of the deed.
1. In the material execution of the In all cases in which the law prescribes a penalty
act composed of two indivisible penalties, the following rules
- will not affect all the offenders but only shall be observed in the application thereof:
those to whom such act are attendant 1. When in the commission of the deed there is
2. Means to accomplish the crime present only one aggravating circumstance, the greater
- will affect only those offenders who have penalty shall be applied.
knowledge of the same at the time of the 2. When there are neither mitigating nor
act of execution or their cooperation aggravating circumstances and there is no aggravating
therein circumstance, the lesser penalty shall be applied.
3. When the commission of the act is attended by
What are the legal effects of habitual delinquency? some mitigating circumstances and there is no
1) Third aggravating circumstance, the lesser penalty shall be
conviction applied.
- the culprit is sentenced to the penalty for the 4. When both mitigating and aggravating
crime committed and to the additional penalty circumstances attended the commission of the act, the
of prision correccional in its medium and court shall reasonably allow them to offset one another
maximum period. in consideration of their number and importance, for the
2) Fourth purpose of applying the penalty in accordance with the
conviction preceding rules, according to the result of such
- the penalty is that provided by law for the compensation.
last crime and the additional penalty of prision
mayor in its minimum and medium periods.
3) Fifth or
additional conviction Rules for the application of indivisible penalties:
- the penalty is that provided by law for the
last crime and the additional penalty of prision 1. Penalty is single and indivisible
mayor in its maximum period to reclusion - The penalty shall be applied regardless of the
temporal in its minimum period. presence of mitigating or aggravating
circumstances. Ex. reclusion perpetua or death
Note:
2. Penalty is composed of 2 indivisible
penalties:
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fulfillment of duty. The CA lowered the penalty merely how many each killed, there is only a single offense,
by one period applying Art. 64 (2) appreciating there being a single criminal impulse.
incomplete fulfillment of duty as a mere generic
mitigating circumstance lowering the penalty to COMPLEX CRIME PROPER
minimum period. REQUISITES:
Held: CA erred because incomplete fulfillment 1. That at least two offenses are committed
of duty is a privileged mitigating circumstance which not 2. That one or some of the offenses must be
only cannot be offset by aggravating circumstances but necessary to commit the other
also reduces the penalty by one or two degrees than 3. That both or all the offenses must be
that prescribed b law. The governing provision is Art. 69 punished under the same statute.
of the RPC.
The phrase necessary means does not mean
G. SPECIAL RULES indispensable means
In complex crime, when the offender executes various
COMPLEX CRIMES acts, he must have a single purpose.
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offender shall be punished for each and ever offense single act, the offender is deemed less perverse than
that he committed. when he commits said crimes through separate and
- Ex. A stabbed B. Then, A also stabbed C. distinct acts.
There are two crimes committed.
People v. Geronimo
100 Phil. 99 (1956)
PLURALITY OF CRIMES RECIDIVISM
As in treason, where both intent and overt act
There is no conviction of There must be conviction are necessary, the crime of rebellion is integrated by the
any of the crimes by final judgment of the coexistence of both the armed uprising for the purposes
committed. first or prior offense. expressed in Art. 134 of the RPC, and the overt acts of
violence described in the first paragraph of Art. 135.
CONTINUED CRIME That both purpose and overt acts are essential
1. A components of one crime and that without either of
single crime consisting of a series of acts but all them the crime of rebellion legally does not exist, is
arising from one criminal resolution. shown by the absence of any penalty attached to Art.
2. A 134. It follows, therefore, that any or all of the acts
continuous, unlawful act or series of acts set on foot described in Art. 135, when committed as a means to or
by a single impulse and operated by an in furtherance of the subversive ends described in Art.
unintermittent force, however long a time it may 134, become absorbed in the crime of rebellion and
occupy. cannot be regarded or penalized as distinct crimes in
Ex. a collector of a commercial firm themselves.
misappropriates for his personal use several Not every act of violence is to be deemed
amounts collected by him from different persons. absorbed in the crime of rebellion solely because it
One crime only because the different appropriations happens to be committed simultaneously. If the killing,
are but the different moments during which once robbing, etc were done for private purposes, the crime
criminal resolution arises and a single defraudation would be separately punishable and would not be
develops. absorbed by the rebellion.
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People v. Velasquez was purposely sought by the accused, and those where
345 SCRA 728 (2000) the killing of the victim was not deliberately resorted to
Facts: Velasquez, poked a toy gun and forced but was merely an afterthought. Consequently, the rule
Karen to go with her at his grandmothers house. Out of now is: Where the person kidnapped is killed in the
fear and not knowing that the gun that Velasquez was course of the detention, regardless of whether the killing
holding is a mere toy, Karen went with Velasquez. was purposely sought or was merely an afterthought,
Velasquez then raped Karen twice. The trial court the kidnapping and murder or homicide can no longer be
convicted Velasquez of two counts of rape. complexed under Art. 48, nor be treated as separate
Held: Considering that Velasquez forcibly crimes, but shall be punished as a special complex crime
abducted Karen and then raped her twice, he should be under the last paragraph of Art. 267, as amended by RA
convicted of the complex crime of forcible abduction with No. 7659.
rape and simple rape. The penalty for complex crimes is
the penalty for the most serious crime which shall be CRIME DIFFERENT FROM THAT INTENDED
imposed in its maximum period. Rape is the more
serious of the two crimes and is punishable with Art. 49. Penalty to be imposed upon the principals
reclusion perpetua under Article 335 of the Revised when the crime committed is different from that
Penal Code and since reclusion perpetua is a single intended. In cases in which the felony committed is
indivisible penalty, it shall be imposed as it is. The different from that which the offender intended to
subsequent rape committed by Velasquez can no longer commit, the following rules shall be observed:
be considered as a separate complex crime of forcible 1. If the penalty prescribed for the felony
abduction with rape but only as a separate act of rape committed be higher than that corresponding to the
punishable by reclusion perpetua. offense which the accused intended to commit, the
penalty corresponding to the latter shall be imposed in
SPECIAL COMPLEX CRIMES its maximum period.
2. If the penalty prescribed for the felony
Art. 48 does not apply when the law provides one committed be lower than that corresponding to the one
single penalty for special complex crimes: which the accused intended to commit, the penalty for
1. Robbery with Homicide (Art. 294 (1)) the former shall be imposed in its maximum period.
2. Robbery with Rape (Art. 294 (2)) 3. The rule established by the next preceding
3. Kidnapping with serious physical injuries (Art. paragraph shall not be applicable if the acts committed
267 (3)) by the guilty person shall also constitute an attempt or
4. Rape with Homicide (Art. 335) frustration of another crime, if the law prescribes a
higher penalty for either of the latter offenses, in which
People v. Empante (1999) case the penalty provided for the attempted or the
Facts: The accused was found guilty of three frustrated crime shall be imposed in its maximum
counts of rape against his daughter who was then below period.
18 years old and sentenced him to death and to
indemnify his daughter in the amount of P50k with Art. 49 has reference to Art. 4 (1). It applies only
moral damages amounting to another P50k for each when there is ERROR IN PERSONAE.
count of rape. On appeal, he claims that the trial court In Art. 49 pars. 1 and 2, the LOWER PENALTY in its
should have appreciated two mitigating circumstances in MAXIMUM PERIOD is always imposed.
his favor namely voluntary confession of guilt and In Par. 3, the penalty for the attempted or frustrated
intoxication and sentenced him to a lesser penalty. crime shall be imposed in its maximum period. This rule
Held: Qualified rape is punishable by the single is not necessary and may well be covered by Art. 48, in
indivisible penalty of death, which must be applied view of the fact that the same act also constitutes an
regardless of any mitigating or aggravating attempt or a frustration of another crime.
circumstance which may have attended the commission
of the deed. IMPOSSIBLE CRIMES
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2. degree of criminality shown by the case he shall be returned to the court for the imposition
offender of the proper penalty.
9 to 15 years only with discernment: at least 2
ADDITIONAL PENALTY FOR CERTAIN degrees lower.
ACCESSORIES 15 to 18 years old: penalty next lower
Art. 68 provides for two of the PRIVILEGED
Art. 58. Additional penalty to be imposed MITIGATING CIRCUMSTANCES
upon certain accessories. Those accessories falling If the act is attended by two or more mitigating and
within the terms of paragraphs 3 of Article 19 of this no aggravating circumstance, the penalty being
Code who should act with abuse of their public divisible, a minor over 15 but under 18 years old may
functions, shall suffer the additional penalty of absolute still get a penalty two degrees lower.
perpetual disqualification if the principal offender shall
be guilty of a grave felony, and that of absolute THE THREE-FOLD RULE
temporary disqualification if he shall be guilty of a less
grave felony. Art. 70. Successive service of sentence.
When the culprit has to serve two or more penalties, he
Absolute perpetual disqualification if the principal shall serve them simultaneously if the nature of the
offender is guilty of a grave felony. penalties will so permit otherwise, the following rules
Absolute temporary disqualification if the principal shall be observed:
offender is guilt of less grave felony. In the imposition of the penalties, the order of
their respective severity shall be followed so that they
may be executed successively or as nearly as may be
WHERE THE OFFENDER IS BELOW 18 YEARS possible, should a pardon have been granted as to the
penalty or penalties first imposed, or should they have
been served out.
Art. 68. Penalty to be imposed upon a
For the purpose of applying the provisions of
person under eighteen years of age. When the
the next preceding paragraph the respective severity of
offender is a minor under eighteen years and his case is
the penalties shall be determined in accordance with the
one coming under the provisions of the paragraphs next
following scale:
to the last of Article 80 of this Code, the following rules
1. Death,
shall be observed:
2. Reclusion perpetua,
1. Upon a person under fifteen but over nine
3. Reclusion temporal,
years of age, who is not exempted from liability by
4. Prision mayor,
reason of the court having declared that he acted with
5. Prision correccional,
discernment, a discretionary penalty shall be imposed,
6. Arresto mayor,
but always lower by two degrees at least than that
7. Arresto menor,
prescribed by law for the crime which he committed.
8. Destierro,
2. Upon a person over fifteen and under
9. Perpetual absolute disqualification,
eighteen years of age the penalty next lower than that
10 Temporal absolute disqualification.
prescribed by law shall be imposed, but always in the
11. Suspension from public office, the right to
proper period.
vote and be voted for, the right to follow a profession or
calling, and
PD No. 603. ART. 192. Suspension of 12. Public censure
Sentence and Commitment of Youthful Offender.
If after hearing the evidence in the proper Notwithstanding the provisions of the rule next
proceedings, the court should find that the youthful preceding, the maximum duration of the convict's
offender has committed the acts charged against him sentence shall not be more than three-fold the length of
the court shall determine the imposable penalty, time corresponding to the most severe of the penalties
including any civil liability chargeable against him. imposed upon him. No other penalty to which he may be
However, instead of pronouncing judgment of liable shall be inflicted after the sum total of those
conviction, the court shall suspend all further imposed equals the same maximum period.
proceedings and shall commit such minor to the custody Such maximum period shall in no case exceed
or care of the Department of Social Welfare, or to any forty years.
training institution operated by the government, or duly In applying the provisions of this rule the
licensed agencies or any other responsible person, until duration of perpetual penalties (pena perpetua) shall be
he shall have reached twenty-one years of age or, for a computed at thirty years. (As amended).
shorter period as the court may deem proper, after
considering the reports and recommendations of the Outline of the provisions of this Article:
Department of Social Welfare or the agency or 1. When the culprit has to serve 2 or more
responsible individual under whose care he has been penalties, he shall serve them simultaneously if
committed. the nature of the penalties will so permit.
The youthful offender shall be subject to 2. Otherwise, the order of their respective
visitation and supervision by a representative of the severity shall be followed.
Department of Social Welfare or any duly licensed 3. The respective severity of the penalties is as
agency or such other officer as the court may designate follows:
subject to such conditions as it may prescribe. a. Death
b. Reclusion perpetua
Art. 68 applies to such minor if his application for c. Reclusion temporal
suspension of sentence is disapproved or if while in the d. Prision mayor
reformatory institution he becomes incorrigible in which e. Prision correccional
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The penalties which can be simultaneously served Art. 65. Rule in cases in which the penalty
are: is not composed of three periods. In cases in
1. Perpetual absolute disqualification which the penalty prescribed by law is not composed of
2. Perpetual special disqualification three periods, the courts shall apply the rules contained
3. Temporary absolute disqualification in the foregoing articles, dividing into three equal
4. Temporary special disqualification portions of time included in the penalty prescribed, and
5. Suspension forming one period of each of the three portions.
6. Destierro
7. Public Censure
MEANING OF THE RULE
8. Fine and Bond to keep the peace
1. Compute and determine first the 3 periods of
9. Civil interdiction
the entire penalty.
10. Confiscation and payment of costs
2. The time included in the penalty prescribed
should be divided into 3 equal portions, after subtracting
The above penalties, except destierro, can be
the minimum (eliminate the 1 day) from the maximum
served simultaneously with imprisonment.
of the penalty.
Penalties consisting in deprivation of liberty
3. The minimum of the minimum period should
cannot be served simultaneously by reason of
be the minimum of the given penalty (including the 1
the nature of such penalties.
day)
4. The quotient should be added to the minimum
Three-fold Rule
prescribed (eliminate the 1 day) and the total will
The maximum duration of the convicts
represent the maximum of the minimum period. Take
sentence shall not be more than three times the length
the maximum of the minimum period, add 1 day and
of time corresponding to the most severe of the
make it the minimum of the medium period; then add
penalties imposed upon him.
the quotient to the minimum (eliminate the 1 day) of
the medium period and the total will represent the
The phrase the most severe of the penalties includes
maximum of the medium period. Take the maximum of
equal penalties.
the medium period, add 1 day and make it the minimum
The three-fold rule applies only when the convict has
of the maximum period; then add the quotient to the
to serve at least four sentences.
minimum (eliminate the 1 day) of the maximum period
All the penalties, even if by different courts at
and the total will represent the maximum of the
different times, cannot exceed three-fold the most
maximum period.
severe.
- The Rules of Court specifically provide that
any information must not charge more than one offense. H. THE INDETERMINATE SENTENCE LAW
Necessarily, the various offense punished with different
penalties must be charged under different informations ACT NO. 4103
which may be filed in the same court or in different AN ACT TO PROVIDE FOR AN INDETERMINATE
courts, at the same time or at different times. SENTENCE AND PAROLE FOR ALL PERSONS
Subsidiary imprisonment forms part of the penalty. CONVICTED OF CERTAIN CRIMES BY THE COURTS OF
Indemnity is a penalty. THE PHILIPPINE ISLANDS; TO CREATE A BOARD OF
Court must impose all the penalties for all the crimes INDETERMINATE SENTENCE AND TO PROVIDE FUNDS
of which the accused is found guilty, but in the service THEREFOR; AND FOR OTHER PURPOSES
of the same, they shall not exceed three times the most
SECTION 1. Hereafter, in imposing a prison sentence
severe and shall not exceed 40 years.
for an offense punished by the Revised Penal Code, or its
amendments, the court shall sentence the accused to an
Mejorada v. Sandiganbayan indeterminate sentence the maximum term of which shall be
151 SCRA 339 (1987) that which, in view of the attending circumstances, could be
Facts: The petitioner was convicted of violating properly imposed under the rules of the said Code, and the
Section 3(E) of RA No. 3019 aka the Anti-Graft and minimum which shall be within the range of the penalty next
Corrupt Practices Act. One of the issues raised by the lower to that prescribed by the Code for the offense; and if
petitioner concerns the penalty imposed by the the offense is punished by any other law, the court shall
Sandiganbayan which totals 56 years and 8 days of sentence the accused to an indeterminate sentence, the
imprisonment. He impugns this as contrary to the three- maximum term of which shall not exceed the maximum
fold rule and insists that the duration of the aggregate fixed by said law and the minimum shall not be less than the
penalties should not exceed 40 years. minimum term prescribed by the same. (As amended by Act
Held: Petitioner is mistaken in his application No. 4225.)
of the 3-fold rule as set forth in Art. 70 of the RPC. This
SECTION 2. This Act shall not apply to persons
article is to be taken into account not in the imposition
convicted of offenses punished with death penalty or life-
of the penalty but in connection with the service of the imprisonment; to those convicted of treason, conspiracy or
sentence imposed. Art. 70 speaks of service of proposal to commit treason; to those convicted of misprision
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of treason, rebellion, sedition or espionage; to those 2 hereof, and have been sentenced for more than one year
convicted of piracy; to those who are habitual delinquents; by final judgment prior to the date on which this Act shall
to those who have escaped from confinement or evaded take effect, and shall make recommendation in all such
sentence; to those who having been granted conditional cases to the Governor-General with regard to the parole of
pardon by the Chief Executive shall have violated the terms such prisoners as they shall deem qualified for parole as
thereof; to those whose maximum term of imprisonment herein provided, after they shall have served a period of
does not exceed one year, not to those already sentenced by imprisonment not less than the minimum period for which
final judgment at the time of approval of this Act, except as they might have been sentenced under this Act for the same
provided in Section 5 hereof. (As amended by Act No. offense.
4225.)
SECTION 6. Every prisoner released from
SECTION 3. There is hereby created a Board of confinement on parole by virtue of this Act shall, at such
Pardons and Parole to be composed of the Secretary of times and in such manner as may be required by the
Justice who shall be its Chairman, and four members to be conditions of his parole, as may be designated by the said
appointed by the President, with the consent of the Board for such purpose, report personally to such
Commission on Appointments who shall hold office for a government officials or other parole officers hereafter
term of six years: Provided, That one member of the board appointed by the Board of Indeterminate Sentence for a
shall be a trained sociologist, one a clergyman or educator, period of surveillance equivalent to the remaining portion of
one psychiatrist unless a trained psychiatrist be employed by the maximum sentence imposed upon him or until final
the board, and the other members shall be persons qualified release and discharge by the Board of Indeterminate
for such work by training and experience. At least one Sentence as herein provided. The officials so designated
member of the board shall be a woman. Of the members of shall keep such records and make such reports and perform
the present board, two shall be designated by the President such other duties hereunder as may be required by said
to continue until December thirty, nineteen hundred and Board. The limits of residence of such paroled prisoner
sixty-six and the other two shall continue until December during his parole may be fixed and from time to time
thirty, nineteen hundred and sixty-nine. In case of any changed by the said Board in its discretion. If during the
vacancy in the membership of the Board, a successor may period of surveillance such paroled prisoner shall show
be appointed to serve only for the unexpired portion of the himself to be a law-abiding citizen and shall not violate any
term of the respective members. (As amended by Republic of the laws of the Philippine Islands, the Board of
Act No. 4203, June 19, 1965.) Indeterminate Sentence may issue a final certificate of
release in his favor, which shall entitle him to final release
SECTION 4. The Board of Pardons and Parole is and discharge.
authorized to adopt such rules and regulations as may be
necessary for carrying out its functions and duties. The SECTION 7. The Board shall file with the court which
Board is empowered to call upon any bureau, office, branch, passed judgment on the case, and with the Chief of
subdivision, agency or instrumentality of the Government for Constabulary, a certified copy of each order of conditional or
such assistance as it may need in connection with the final release and discharge issued in accordance with the
performance of its functions. A majority of all the members provisions of the next preceding two sections.
shall constitute a quorum and a majority vote shall be
necessary to arrive at a decision. Any dissent from the SECTION 8. Whenever any prisoner released on
majority opinion shall be reduced to writing and filed with parole by virtue of this Act shall, during the period of
the records of the proceedings. Each member of the Board, surveillance, violate any of the conditions of his parole, the
including the Chairman and the Executive Officer, shall be Board of Indeterminate Sentence may issue an order for his
entitled to receive as compensation fifty pesos for each re-arrest which may be served in any part of the Philippine
meeting actually attended by him, notwithstanding the Islands by any police officer. In such case the prisoner so re-
provisions of Section two hundred and fifty-nine of the arrested shall serve the remaining unexpired portion of the
Revised Administrative Code, and in addition thereto, maximum sentence for which he was originally committed to
reimbursement of actual and necessary travelling expenses prison, unless the Board of Indeterminate Sentence shall, in
incurred in the performance of duties: Provided, however, its discretion, grant a new parole to the said prisoner. (As
That the Board meetings will not be more than three times a amended by Act No. 4225.)
week. (As amended by Republic Act No. 4203, June 19,
1965.) SECTION 9. Nothing in this Act shall be construed to
impair or interfere with the powers of the Governor-General
SECTION 5. It shall be the duty of the Board of as set forth in Section 64(i) of the Revised Administrative
Indeterminate Sentence to look into the physical, mental Code or the Act of Congress approved August 29, 1916
and moral record of the prisoners who shall be eligible to entitled "An Act to declare the purpose of the people of the
parole and to determine the proper time of release of such United States as to the future political status of the people of
prisoners. Whenever any prisoner shall have served the the Philippine Islands, and to provide a more autonomous
minimum penalty imposed on him, and it shall appear to the government for those Islands."
Board of Indeterminate Sentence, from the reports of the
prisoner's work and conduct which may be received in SECTION 10. Whenever any prisoner shall be released
accordance with the rules and regulations prescribed, and on parole hereunder he shall be entitled to receive the
from the study and investigation made by the Board itself, benefits provided in Section 1751 of the Revised
that such prisoner is fitted by his training for release, that Administrative Code.
there is a reasonable probability that such prisoner will live Approved and effective on December 5, 1993.
and remain at liberty without violating the law, and that
such release will not be incompatible with the welfare of
society, said Board of Indeterminate Sentence may, in its The indeterminate sentence is composed of:
discretion, and in accordance with the rules and regulations
1. a MAXIMUM taken from the penalty
adopted hereunder, authorize the release of such prisoner
imposable under the penal code
on parole, upon such terms and conditions as are herein
prescribed and as may be prescribed by the Board. The said 2. a MINIMUM taken from the penalty next
Board of Indeterminate Sentence shall also examine the lower to that fixed in the code.
records and status of prisoners who shall have been
convicted of any offense other than those named in Section The law does not apply to certain offenders:
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1. Persons convicted of offense punished with which the penalties prescribed by law contain three
death penalty or life imprisonment. periods, whether it be a single divisible penalty or
2. Those convicted of treason, conspiracy or composed of three different penalties, each one of which
proposal to commit treason. forms a period in accordance with the provisions of
3. Those convicted of misprision of treason, Articles 76 and 77, the court shall observe for the
rebellion, sedition or espionage. application of the penalty the following rules, according
4. Those convicted of piracy. to whether there are or are not mitigating or
5. Those who are habitual delinquents. aggravating circumstances:
6. Those who shall have escaped from 1. When there are neither aggravating nor
confinement or evaded sentence. mitigating circumstances, they shall impose the penalty
7. Those who violated the terms of conditional prescribed by law in its medium period.
pardon granted to them by the Chief 2. When only a mitigating circumstance is
Executive. present in the commission of the act, they shall impose
8. Those whose maximum term of imprisonment the penalty in its minimum period.
does not exceed one year. 3. When an aggravating circumstance is
9. Those who, upon the approval of the law, had present in the commission of the act, they shall impose
been sentenced by final judgment. the penalty in its maximum period.
10. Those sentenced to the penalty of destierro or 4. When both mitigating and aggravating
suspension. circumstances are present, the court shall reasonably
offset those of one class against the other according to
Purpose of the law: to uplift and redeem valuable their relative weight.
human material and prevent unnecessary and excessive 5. When there are two or more mitigating
deprivation of liberty and economic usefulness circumstances and no aggravating circumstances are
- It is necessary to consider the criminal first present, the court shall impose the penalty next lower to
as an individual, and second as a member of the society. that prescribed by law, in the period that it may deem
- The law is intended to favor the defendant, applicable, according to the number and nature of such
particularly to shorten his term of imprisonment, circumstances.
depending upon his behavior and his physical, mental 6. Whatever may be the number and nature of
and moral record as a prisoner, to be determined by the the aggravating circumstances, the courts shall not
Board of Indeterminate Sentence. impose a greater penalty than that prescribed by law, in
its maximum period.
The settled practice is to give the accused the benefit 7. Within the limits of each period, the court
of the law even in crimes punishable with death or life shall determine the extent of the penalty according to
imprisonment provided the resulting penalty, after the number and nature of the aggravating and
considering the attending circumstances, is reclusion mitigating circumstances and the greater and lesser
temporal or less. extent of the evil produced by the crime.
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count of the offense committed. The nature of the application of either the probationers or the probation officer,
sentence does not allow petitioner to serve all the terms revise or modify the conditions or period of probation. The
simultaneously. The rule of successive service of court shall notify either the probationer or the probation
sentence must be applied. officer of the filing of such an application so as to give both
parties an opportunity to be heard thereon.
Effects of the Probation Law
Transfer of Residence
Whenever a probationer is permitted to reside in a place
THE PROBATION LAW under the jurisdiction of another court, control over him shall
Taken from the DOJ website be transferred to the executive judge of the "Court of First
Instance" of that place, and in such case, a copy of the
Section 3(a) of Presidential Decrees 968, as amended, Probation Order, the investigation report and other pertinent
defines probation as a disposition under which an accused, records shall be furnished to said executive judge.
after conviction and sentence, is released subject to Thereafter, the executive judge to whom jurisdiction over the
conditions imposed by the court and to the supervision of a probationer is transferred shall have the power with respect
probation officer. It is a privilege granted by the court; it to him that was previously possessed by the court which
cannot be availed of as a matter of right by a person granted the probation.
convicted of a crime. To be able to enjoy the benefits of
probation, it must first be shown that an applicant has none Revocation of Probation
of the disqualifications imposed by law. At any time during probation, the court may issue a warrant
for the arrest of a probationer for any serious violation of the
Disqualified Offenders conditions of probation. The probationer, once arrested and
Probation under PD No. 968, as amended, is intended for detained, shall immediately be brought before the court for a
offenders who are 18 years of age and above, and who are hearing of the violation charged. The defendant may be
not otherwise disqualified by law. Offenders who are admitted to bail pending such hearing. In such case, the
disqualified are those: (1) sentenced to serve a maximum provisions regarding release on bail of persons charged with
term of imprisonment of more than six years; (2) convicted crime shall be applicable to probationers arrested under this
of subversion or any offense against the security of the provision. An order revoking the grant of probation or
State, or the Public Order; (3) who have previously been modifying the terms and conditions thereof shall not be
convicted by final judgment of an offense punished by appealable.
imprisonment of not less than one month and one day
and/or a fine of not more than Two Hundred Pesos; (4) who Termination of Probation
have been once on probation under the provisions of this After the period of probation and upon consideration of the
Decree; report and recommendation of the probation officer, the
court may order the final discharge of the probationer upon
Post-Sentence Investigation finding that he has fulfilled the terms and conditions of his
The Post-Sentence Investigation (PSI) and the submission of probation and thereupon the case is deemed terminated.
the Post-Sentence Investigation Report (PSIR) are pre-
requisites to the court disposition on the application for Programs and Services
probation.
Post-Sentence Investigation. After conviction and
Period of Probation sentence, a convicted offender or his counsel files a petition
The period of probation is in essence a time-bound condition. for probation with the trail court, who in turn orders the
It is a condition in point of time which may be shortened and Probation Officer to conduct a post-sentence investigation to
lengthened within the statutory limits and the achievements determine whether a convicted offender may be placed on
by the probationer of the reasonable degrees of social probation or not. The role of the probation officer in this
stability and responsibility from the measured observation of phase is to conduct the post-sentence investigation and to
the supervising officer and the exercise discretion by the submit his report to the court within the period not later than
court in decisive order. 60 days from receipt of the order of the Court to conduct the
Probation Conditions said investigation.
The grant of probation is accompanied by conditions imposed
by the court: Pre-Parole Investigation. The PAROLE AND PROBATION
The mandatory conditions require that the ADMINISTRATION - (PPA) conducts pre-parole investigation
probationer shall (a) present himself to the of all sentenced prisoners confined in prisons and jails within
probation officer designated to undertake his their jurisdiction. The purpose is to determine whether
supervision at each place as may be specified in offenders confined in prisons/jails are qualified for parole or
the order within 72 hours from receipt of said any form of executive clemency and to discuss with them
order, and (b) report to the probation officer at their plans after release. Probation officers submit their pre-
least once a month at such time and place as parole assessment reports to the Board of Pardons and
specified by said officer. Parole.
Special or discretionary conditions are those
Supervision of Offenders. The Agency supervises two
additional conditions imposed on the probationer
types of offenders under conditional release: (1)
which are geared towards his correction and
probationers, or persons placed under probation by the
rehabilitation outside of prison and right in the
courts; (2) parolees and pardonees, or prisoners released on
community to which he belongs.
parole or conditional pardon and referred by the Board of
Pardons and Parole (BPP) to PAROLE AND PROBATION
A violation of any of the conditions may lead either to a
ADMINISTRATION - (PPA) (PPA). The objectives of
more restrictive modification of the same or the revocation of
supervision are to carry out the conditions set forth in the
the grant of probation. Consequent to the revocation, the
probation/parole order, to ascertain whether the
probationer will have to serve the sentence originally
probationer/parolee/pardonee is complying with the said
imposed.
conditions, and to bring about the rehabilitation of the client
and his re-integration into the community.
Modification of Conditions of Probation
During the period of probation, the court may, upon
Rehabilitation Programs. The treatment process employed
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by the field officers focused on particular needs of filing by respondent of an application for probation is
probationers, parolees and pardonees. Assistance is provided deemed a waiver of his right to appeal.
to the clientele in the form of job placement, skills training, The grant of probation does not extinguish the
spiritual/moral upliftment, counseling, etc. civil liability of the offender. The order of probation with
one of the conditions providing for the manner of
Community Linkages payment of the civil liability during the period of
Probation/Parole, as a community-based treatment program,
probation, did not increase or decrease the civil liability
depends on available resources in the community for the
adjudged.
rehabilitation of offenders. Thus, the Agency, recognizing the
important role of the community as a rehabilitation agent,
The conditions listed under Sec. 10 of the
involves the community in probation work through the use of Probation law are not exclusive. Courts are allowed to
volunteer workers and welfare agencies. impose practically any term it chooses, the only
limitation being that it does not jeopardize the
Presidential Decree No. 968 permits the utilization of the constitutional rights of the accused.
services of Volunteer Probation Aides to assist the Probation
and Parole Officers in the supervision of probationers, Office of the Court Administrator v. Librado
parolees and pardonees particularly in the areas where the 260 SCRA 625 (1996)
caseload is heavy and the office is understaff or where the Facts: The respondent is a deputy sheriff who
residence of the clientele is very far from the Parole and was charged of violating the Dangerous Drugs Act and is
Probation Office. As defined, a Volunteer Probation Aide is a now claiming he is in probation. The OCA filed an
volunteer who is a citizen of good moral character and good administrative case against him and he was suspended
standing in the community, who has been carefully selected from office.
and trained to do volunteer probation work. He is appointed
Held: While indeed the purpose of the
by the Administrator after successful completion of the
Probation Law is to save valuable human material, it
Introductory Training Course for probation volunteers. His
term of office is one year but can be renewed thereafter or must not be forgotten that unlike pardon probation does
terminated earlier depending upon his performance and not obliterate the crime of which the person under
willingness to serve. probation has been convicted. The image of the judiciary
is tarnished by conduct involving moral turpitude. The
Further, the PAROLE AND PROBATION ADMINISTRATION - reform and rehabilitation of the probationer cannot
(PPA), through its Community Services Division, Regional justify his retention in the government service.
and Field Offices nationwide, has been tapping
government/non-government organizations/individuals for Suspension in case of Insanity or Minority
various rehabilitation programs and activities for
probationers, parolees and pardonees.
Art. 79. Suspension of the execution and
service of the penalties in case of insanity. When
Llamado v. CA a convict shall become insane or an imbecile after final
174 SCRA 566 (1989) sentence has been pronounced, the execution of said
In its present form, Section 4 of the Probation sentence shall be suspended only with regard to the
Law establishes a much narrower period during which an personal penalty, the provisions of the second paragraph
application for probation ma be filed with the trial court: of circumstance number 1 of Article 12 being observed
after the trial court shall have convicted and sentenced in the corresponding cases.
a defendant and within the period for perfecting an If at any time the convict shall recover his
appeal. The provision expressly prohibits the grant of reason, his sentence shall be executed, unless the
an application for probation if the defendant has penalty shall have prescribed in accordance with the
perfected an appeal from the judgment of conviction. provisions of this Code.
Petitioners right to apply for probation was The respective provisions of this section shall
lost when he perfected his appeal from the judgment of also be observed if the insanity or imbecility occurs while
the trial court. The trial court lost jurisdiction already the convict is serving his sentence.
over the case.
Only execution of personal penalty is suspended: civil
Bala v. Martinez
liability may be executed even in case of insanity of
181 SCRA 459 (1990)
convict.
PD 1990 which amends Sec. 4 of PD 968 is not
An accused may become insane:
applicable to the case at bar. It went into effect on Jan.
15, 1985 and cannot be given retroactive effect because a. at the time of commission of the crime
it would be prejudicial to the accused. Bala was placed exempt from criminal liability
on probation on Aug. 11, 1982. b. at the time of the trial
Expiration of probation period alone does not - court shall suspend hearings and order
automatically terminate probation; a final order of his confinement in a hospital until he
discharge from the court is required. Probation is recovers his reason
revocable before the final discharge by the court. c. at the time of final judgment or while
Probationer failed to reunite with responsible society. He serving sentence
violated the conditions of his probation. Thus, the execution suspended with regard to the
revocation of his probation is compelling. personal penalty only
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obligation of complying strictly with the conditions of disorder resulting from a conflagration, earthquake,
imposed therein otherwise, his non-compliance with any explosion or similar catastrophe or during a mutiny in
of the conditions specified shall result in the revocation which he did not participate, is liable to an increased
of the pardon and the provisions of Article 159 shall be penalty (1/5 of the time still remaining to be served
applied to him. not to exceed 6 months) if he fails to give himself up
within 48 hours following the issuance of a proclamation
by the President announcing the passing away of the
Art. 96. Effect of commutation of
calamity.
sentence. The commutation of the original sentence
for another of a different length and nature shall have
the legal effect of substituting the latter in the place of
the former. Art. 99. Who grants time allowances.
Whenever lawfully justified, the Director of Prisons shall
grant allowances for good conduct. Such allowances
Art. 97. Allowance for good conduct. once granted shall not be revoked.
The good conduct of any prisoner in any penal institution
shall entitle him to the following deductions from the
period of his sentence:
1. During the first two years of his VII. CIVIL LIABILITY ARISING FROM
imprisonment, he shall be allowed a deduction of five
days for each month of good behavior; FELONY
2. During the third to the fifth year, inclusive,
of his imprisonment, he shall be allowed a deduction of As a general rule, an offense causes two classes of
eight days for each month of good behavior; injuries:
3. During the following years until the tenth 1. SOCIAL INJURY produced by the
year, inclusive, of his imprisonment, he shall be allowed disturbance and alarm which are the outcome
a deduction of ten days for each month of good of the offense
behavior; and - this is sought to be repaired through the
4. During the eleventh and successive years of imposition of the corresponding penalty.
his imprisonment, he shall be allowed a deduction of 2. PERSONAL INJURY caused to the victim of
fifteen days for each month of good behavior. the crime who may have suffered damage,
either to his person, to his property, to his
GOOD CONDUCT ALLOWANCES OF A PRISONER IN honor, or to her chastity.
A PENAL INSTITUTION: - this is sought to be repaired through
1. First 2 years indemnity which is civil in nature.
a. 5 days per month of good behavior
2. 3rd 5th year
b. 8 days A. GENERAL RULE
3. following years to 10th year
c. 10 days RPC, Art. 100. Civil liability of a person
4. 11th year and successive years guilty of felony. Every person criminally liable for a
d. 15 days felony is also civilly liable.
These allowances are granted by the Director of BASIS: A crime has dual character: a) as an offense
Prisons and once given cannot be revoked. against the state because of the disturbance of the
social order; and b) as an offense against the private
Art. 98. Special time allowance for loyalty. person injured by the crime unless it involves the crime
A deduction of one-fifth of the period of his sentence of treason, rebellion, espionage, contempt and others
shall be granted to any prisoner who, having evaded the wherein no civil liability arises on the part of the
service of his sentence under the circumstances offender either because there are no damages to be
mentioned in Article 58 of this Code, gives himself up to compensated or there is no private person injured by
the authorities within 48 hours following the issuance of the crime.
a proclamation announcing the passing away of the
calamity or catastrophe to in said article. In crimes against persons, like the crime of physical
injuries, the injured party is entitled to be paid for
SPECIAL TIME ALLOWANCE FOR LOYALTY whatever he spent for the treatment of his wounds,
- it is a deduction of 1/5 of the period of his sentence if doctors fees etc. as well as for loss or impairment of
he, having evaded the service of his sentence under the earning capacity.
circumstances mentioned in Art. 158, gives himself up
to the authorities within 48 hours following the issuance Moral damages may be recovered as well.
of a proclamation announcing the passing away of the
calamity. Exemplary damages as part of the civil liability ma be
imposed when the crime was committed with one or
This article does not apply to prisoners who did not more aggravating circumstances.
escape.
But if there is no damage caused by the commission
The deduction of 1/5 is based on the original of the crime, the offender is not civilly liable.
sentence.
Civil liability arises from the commission of the felony.
Under Art. 158, a convict who evaded service of his It is determined in the criminal action except:
sentence by leaving the penal institution on the occasion
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Sec. 3. When civil action may proceed petitioner's son died inside the drainage culvert, it was
independently. In the cases provided for in Articles 32, respondent Andres who brought out the deceased. He
33, 34 and 2176 of the Civil Code of the Philippines, the then informed the petitioner of her son's death. Even
independent civil action which has been reserved may after informing the petitioner of the death of her son,
be brought by the offended party, shall proceed respondent Andres followed the petitioner on her way to
independently of the criminal action, and shall require the grassy area where the deceased was.
only a preponderance of evidence.
Chua v. CA
Sec. 4. Judgment in civil action not a bar. 443 SCRA 142 (2004)
A final judgment rendered in a civil action absolving the Facts: Hao, treasurer of Siena Realty
defendant from civil liability is no bar to a criminal Corporation, filed a complaint-affidavit with the City
action. Prosecutor of Manila charging Spouses Francis and Elsa
Chua, of 4 counts of falsification of public documents
Sec. 5. Elements of prejudicial question. pursuant to Article 172 in relation to Article 171 of the
The two (2) essential elements of a prejudicial question RPC. Accused allegedly prepared, certified, and falsified
are: (a) the civil action involves an issue similar or the Minutes of the Annual Stockholders meeting of the
intimately related to the issue raised in the criminal BOD of the Siena Realty Corporation by causing it to
action; and (b) the resolution of such issue determines appear in said Minutes that Hao was present and has
whether or not the criminal action may proceed. participated in said proceedings. During the trial in the
MeTC, Atty. Sua-Kho and Atty. Rivera appeared as
Sec. 6. Suspension by reason of private prosecutors. Chua moved to exclude
prejudicial question. A petition for suspension of the complainant's counsels as private prosecutors in the
criminal action based upon the pendency of a prejudicial case on the ground that Hao failed to allege and prove
question in a civil action may be filed in the office of the any civil liability in the case. Petitioner cites the case of
fiscal or the court conducting the preliminary Tan, Jr. v. Gallardo, holding that where from the nature
investigation. When the criminal action has been filed in of the offense or where the law defining and punishing
court for trial, the petition to suspend shall be filed in the offense charged does not provide for an indemnity,
the same criminal action at any time before the the offended party may not intervene in the prosecution
prosecution rests. of the offense.
Held: Petitioner's contention lacks merit.
Quinto v. Andres (2005) Generally, the basis of civil liability arising from crime is
Facts: Garcia, a Grade 4 elementary school the fundamental postulate that every man criminally
pupil, and his playmate, Wilson Quinto, who was about liable is also civilly liable. When a person commits a
11 yrs old saw Andres and Pacheco who invited them to crime he offends two entities namely (1) the society in
go fishing inside a drainage culvert. Wilson assented which he lives in or the political entity called the State
but Garcia seeing that it was dark inside opted to remain whose law he has violated; and (2) the individual
seated in a grassy area about 2meters from the member of the society whose person, right, honor,
entrance of the drainage system. Pacheco, Andres and chastity or property has been actually or directly injured
Quinto, entered the drainage system which was covered or damaged by the same punishable act or omission. An
by concrete culvert about a meter high and a meter act or omission is felonious because it is punishable by
wide, with water about a foot deep. After a while, law, it gives rise to civil liability not so much because it
respondent Pacheco, who was holding a fish, came out is a crime but because it caused damage to another.
of the drainage system and left without saying a word. Additionally, what gives rise to the civil liability is really
Andres also came out, went back inside, and emerged the obligation and the moral duty of everyone to repair
again, this time, carrying Wilson who was already dead. or make whole the damage caused to another by reason
Andres laid the boy's lifeless body down in the grassy of his own act or omission, whether done intentionally or
area. Shocked at the sudden turn of events, Garcia fled negligently. The indemnity which a person is sentenced
from the scene. For his part, Andres went to the house to pay forms an integral part of the penalty imposed by
of petitioner Melba Quinto, Wilson's mother, and law for the commission of the crime. The civil action
informed her that her son had died. Melba Quinto rushed involves the civil liability arising from the offense
to the drainage culvert while respondent Andres followed charged which includes restitution, reparation of the
her. The respondents aver that since the prosecution damage caused, and indemnification for consequential
failed to adduce any evidence to prove that they damages.
committed the crime of homicide and caused the death Under the Rules, where the civil action for
of Wilson, they are not criminally and civilly liable for the recovery of civil liability is instituted in the criminal
latters death. action pursuant to Rule 111, the offended party may
Held: The extinction of the penal action does intervene by counsel in the prosecution of the offense.
not carry with it the extinction of the civil action. 31 Rule 111(a) of the Rules of Criminal Procedure
However, the civil action based on delict shall be provides that, "[w]hen a criminal action is instituted, the
deemed extinguished if there is a finding in a final civil action arising from the offense charged shall be
judgment in the civil action that the act or omission from deemed instituted with the criminal action unless the
where the civil liability may arise does not exist. In the offended party waives the civil action, reserves the right
present case, the court ruled that respondents cannot be to institute it separately, or institutes the civil action
held criminally nor civilly liable for the death of Wilson. prior to the criminal action."
In this case, the petitioner failed to adduce proof of any Hao did not waive the civil action, nor did she
ill-motive on the part of either respondent to kill the reserve the right to institute it separately, nor institute
deceased before or after the latter was invited to join the civil action for damages arising from the offense
them in fishing. Indeed, the petitioner testified that charged. Thus, we find that the private prosecutors can
respondent Andres used to go to their house and play intervene in the trial of the criminal action.
with her son before the latter's death. When the
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required by law when prevented by some lawful SUBSIDIARY CIVIL LIABILITY OF INNKEEPERS,
or insuperable cause. TAVERNKEEPERS OR PROPRIETORS OF
ESTABLISHMENTS ELEMENTS OF PAR. 1:
The exemption from criminal liability does not include 1. That the INNKEEPER, TAVERNKEEPER OR
exemption from civil liability in the cases provided for in PROPRIETOR of establishment or his employee
pars. 1, 2, 3, 5 and 6 of Art. 12. Pars. 4 and 7 are not committed a violation of municipal ordinance
mentioned. Therefore, there is also exemption from civil or some general or special police regulation.
liability in the cases provided for in pars. 4 and 7 of Art. 2. That a crime is committed in such inn, tavern
12. or establishment.
3. That the person criminally liable is insolvent.
1. CIVIL LIABILITY FOR ACTS COMMITTED BY AN When all the above elements are present, the
INSANE OR IMBECILE OR MINOR UNDER 9 OR innkeeper, tavernkeeper or any other person or
OVER 9 AND LESS THAN 15 WHO ACTED WITH corporation is civilly liable for the crime committed in his
DEISCERNMENT establishment.
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2) the employee committed the offense in the him except if the thing has been acquired by the 3 rd
discharge of his duties and person in the manner provided by law which bars an
3) he is insolvent action for its recovery.
The subsidiary liability of the employer,
however, arises only after conviction of the employee in Art. 106. Reparation; How made. The
the criminal action. All these requisites present, the court shall determine the amount of damage, taking into
employer, becomes ipso facto subsidiarily liable upon consideration the price of the thing, whenever possible,
the employees conviction and upon proof of the latters and its special sentimental value to the injured party,
insolvency. and reparation shall be made accordingly.
RESTITUTION of the thing itself must be made Damages cover not only ACTUAL OR COMPENSATORY
whenever possible. damages but also MORAL AND EXEMPLARY or
The convict cannot, by way of restitution, give to the CORRECTIVE damages, especially when attended by 1
offended part a similar thing of the same amount, kin or or more aggravating circumstances in the commission of
species and quality. the crime and considering that proof of pecuniary loss is
Where the crime committed is not against property, not necessary in order that moral or exemplary damages
no restitution nor reparation of the thing damaged can may be adjudicated as the assessment of such damages
be done, although the offended party is entitled to is left to the discretion of the court.
indemnification under Art. 107.
If the accused is acquitted, he cannot be ordered to Contributory negligence of the offended party reduces
return the property or amount received EXCEPT if: the liability of the accused.
- it is proved that the property belonged to the
offended party was in his possession when Where DEATH results:
stolen from him 1. INDEMNITY: P50,000
- and the identity of the offender is not proved, 2. Lost of Earning Capacity
in which case the acquitted person in whose 3. Support to a non-heir
possession the property was found may be 4. Moral damages for mental anguish
ordered by the court to return it to the owner. 5. Exemplary damages if attended by 1 or more
aggravating circumstances
HOW RESTITUTION IS MADE?
The thing itself is to be restored, whenever D. PERSONS CIVILLY LIABLE
possible, with allowance for deterioration, or diminution
of value, even if found in the possession of the 3 rd Art. 108. Obligation to make restoration,
person who acquired it legally, although the latter can reparation for damages, or indemnification for
file an action against the person who may be liable to consequential damages and actions to demand the
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CRIMINAL LAW 1
REVIEW NOTES
same; Upon whom it devolves. The obligation to The third person must be innocent of the commission
make restoration or reparation for damages and of the crime; otherwise, he would be liable as an
indemnification for consequential damages devolves accessory and this article will apply.
upon the heirs of the person liable.
The action to demand restoration, reparation, E. EXTINCTION OF CIVIL LIABILITY
and indemnification likewise descends to the heirs of the
person injured. Art. 112. Extinction of civil liability. Civil
liability established in Articles 100, 101, 102, and 103 of
Upon whom does the obligation to make restoration, this Code shall be extinguished in the same manner as
reparation or indemnification for damages devolve? obligations, in accordance with the provisions of the Civil
- upon the HEIRS of the person liable Law.
The heirs of the person liable has no obligation if
restoration is not possible and the deceased left no Extinguished in the same manner as other obligations
property. in accordance with the provisions of the Civil Code.
Civil liability is possible only when the offender dies
after final judgment. CIVIL CODE, Art. 1231. Obligations are extinguished:
The action to demand restoration, reparation and (1) By payment or performance:
indemnification descends to the heirs of the person (2) By the loss of the thing due:
injured. (3) By the condonation or remission of the
debt;
Art. 109. Share of each person civilly (4) By the confusion or merger of the rights of
liable. If there are two or more persons civilly liable creditor and debtor;
for a felony, the courts shall determine the amount for (5) By compensation;
which each must respond. (6) By novation.
Other causes of extinguishment of obligations,
Art. 110. Several and subsidiary liability such as annulment, rescission, fulfillment of a resolutory
of principals, accomplices and accessories of a condition, and prescription, are governed elsewhere in
felony; Preference in payment. Notwithstanding this Code. (1156a)
the provisions of the next preceding article, the
principals, accomplices, and accessories, each within Loss of the thing due does not extinguish civil liability
their respective class, shall be liable severally (in because if the offender cannot make restitution, he is
solidum) among themselves for their quotas, and obliged to make reparation.
subsidiaries for those of the other persons liable. Indemnity for damages as a judgment in a criminal
The subsidiary liability shall be enforced, first case is purely civil in nature and is independent of the
against the property of the principals; next, against that penalty imposed.
of the accomplices, and, lastly, against that of the
accessories. Art. 113. Obligation to satisfy civil
Whenever the liability in solidum or the liability. Except in case of extinction of his civil
subsidiary liability has been enforced, the person by liability as provided in the next preceding article the
whom payment has been made shall have a right of offender shall continue to be obliged to satisfy the civil
action against the others for the amount of their liability resulting from the crime committed by him,
respective shares. notwithstanding the fact that he has served his sentence
consisting of deprivation of liberty or other rights, or has
LIABILITY OF PRINCIPALS, ACCOMPLICES AND not been required to serve the same by reason of
ACCESSORIES amnesty, pardon, commutation of sentence or any other
- Each within their respective class is liable in reason.
solidum among themselves for their quotas and
subsidiarily for those of the other persons liable. Unless extinguished, civil liability subsists even if the
offender has served sentence consisting of deprivation
Subsidiary liability is enforced: of liberty or other rights or has served the same, due to
first, against the property of the principals; amnesty, pardon, commutation of sentence or any other
second, against that of the accomplices; reason.
third, against that of the accessories Under the law as amended, even if the subsidiary
The person who made the payment when liability is in imprisonment is served for non-payment of fine, this
solidum or subsidiary liability has been enforced, will pecuniary liability of the defendant is not extinguished.
have a right of action against the others for the amount
of their respective shares.
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