Criminal Law Reviewer

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SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
MEMORY AID IN
CRIMINAL LAW
BOO) ONE
 CRIMINAL LAW * The branch or
division of law which defines crimes, treats
of their nature and provides for the
punishment.
LIMI+A+IONS ON +,E -OWER OF
CONGRESS +O ENAC+ -ENAL LAWS
1. must not violate the equal protection
clause of the Constitution.
2. must not partake the nature of an “ex
post facto law”.
. must not partake of the nature of a “bill
of attainder”.
!. must not impose cruel and unusual
punishment nor excessive fines.
C,ARAC+ERIS+ICS OF CRIMINAL
LAW
1. GENERAL, in that criminal law is
bindin" on all persons who live or so#ourn in
$hilippine territor% &'rt. 1!, (ew Civil
Code.).
*+C*$T,-(./
a. Those who are exempted b% treat%
stipulations.
b. Those who are exempted b% laws of
preferential application
c. Those who are exempted b% virtue of
the principles of public internal law &such
as soverei"ns and other chiefs of state,
ambassadors, ministers plenipotentiar%,
ministers resident, and their char"es
d0affaires. 1ut consuls, vice2consuls
and other commercial representatives of
forei"n nations do not possess the
status of, and cannot claim the same
privile"es and immunities accorded to
ambassadors and ministers &3heaton,
,nternational 4aw).
2. +ERRI+ORIAL, in that criminal laws of
the $hilippines, as a rule, are enforceable
onl% within its territor%.
*+C*$T,-(/
a. Those provided under 'rt. 2 of the
5evised $enal Code.
. -ROS-EC+I.E, in that a penal law
cannot make an act punishable in a manner
in which it was not punishable when
committed. 's provided in 'rticle 66 of the
5evised penal Code, crimes are punished
under the laws in force at the time of their
commission.
E/CE-+ION0
a. 3hen a new statute dealin" with the
crime established conditions more
lenient or favorable to the accused, it
can be "iven a retroactive effect.
 B1+ +,IS E/CE-+ION ,AS NO
A--LICA+ION W,EN0
a. the new law is expressl% made
inapplicable to pendin" actions or
existin" causes of
actions.
b. the offender is a habitual criminal.
EFFEC+S OF RE-EAL OF -ENAL LAW
1. ,f the repeal makes the penalt% li"hter in
the new law, the new law shall be applied.
*xcept when the offender is a habitual
delinquent, or when the new law is made
inapplicable to pendin" actions or existin"
causes of action.
2. ,f the new law imposes a heavier
penalt%, the law in force at the time of the
commission of the offense shall be applied.
. ,f the new law totall% repeals the existin"
law so that the act which was penali7ed
under the old law is no lon"er punishable,
the crime is obliterated.
AR+2 I2 +IME W,EN +,E AC+ +A)ES
EFFEC+2
+WO SC,OOLS OF +,O1G,+ IN
CRIMINAL LAW
1. Classical 2 the basis of criminal liabilit%
is human free will, and the purpose of the
penalt% is retribution.
2. $ositivists2 man is subdued b% a stran"e
and morbid phenomenon which constrains
him to do wron", in spite of or contrar% to his
own volition8 crimes are penali7ed distinctl%
in each particular case.
AR+2 22 A--LICA+ION OF I+S
-RO.ISIONS
This article is an exception to the principle of
9eneralit% of penal laws.
.ESSELS
1. ' $hilippine vessel or aircraft must be
understood as that which is re"istered in the
$hilippine 1ureau of Customs.
1
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
2. :isorders which disturb onl% the peace
of the ship or those on board are to be dealt
with exclusivel% b% the soverei"nt% of the
home of the ship, but those which disturb
the public peace ma% be suppressed, and, if
need be, the offenders punished b% the
proper authorities of the local #urisdiction.
. ,n case vessels are in the ports or
territorial waters of a forei"n countr%, a
distinction must be made between the
merchant ships and warships. The former
are more or less sub#ected to the territorial
laws. 3arships are alwa%s reputed to be
the territor% of the countr% to which the%
belon" and cannot be sub#ected to the laws
of another state.
AR+2 ;2 FELONIES
GENERAL ELEMEN+S OF FELONIES0
1. That there must be an act or omission.
1ut onl% external acts are punishable,
internal acts are be%ond the sphere of penal
laws.
2. That the act or omission must be
punishable b% the 5evised $enal Code8 the
reason bein", “nullum crimen, nulla poena
sine le"e”2 there is no crime when there is
no law punishin" it.
. That the act is performed or the
omission incurred b% means of dolo or
culpa.

CLASSIFICA+ION OF FELONIES
ACCORDING +O +,E MEANS BY W,IC,
+,EY ARE COMMI++ED
1. In#en#ion3& fe&onie%2 the act is
performed with deliberate intent or malice.
The offender, in performin" the act or in
incurrin" the omission, has the intention to
cause an in#ur% to another.
RE<1ISI+ES OF DOLO OR MALICE0
1. ;5**:-<8
2. ,(T*44,9*(C*8
. ,(T*(T while doin" the act or omittin"
to do the act. Criminal intent is
presumed from the commission of an
unlawful act.
2. C!&p3'&e fe&onie%2 the act or omission
of the offender is not malicious. The in#ur%
caused b% the offender to another person is
“unintentional”, it bein" simpl% the incident
of another act performed without malice.
RE<1ISI+ES OF C1L-A0
Criminal intent is replaced b% “ne"li"ence
and imprudence” in felonies committed b%
means of culpa. .uch ne"li"ence or
indifference to dut% or to consequence is, in
law, equivalent to criminal intent. =ence, it
is still consistent with the rule that/ “a crime
is not committed, if the mind of the person
performin" the act complained of be
innocent”.
REASON FOR -1NIS,ING AC+S OF
NEGLIGENCE0
' man must use common sense, and
exercise due reflection in all his acts8 it is
his dut% to be cautious, careful and
prudent, if not from instinct, then throu"h
fear of incurrin" punishment.
. M3&3 -ro$i'i#32 this is the third class of
crimes specificall% punishable b% .$*C,'4
4'3., and where criminal intent &or
criminal ne"li"ence) is not, as a rule,
necessar%222 it bein" sufficient that the
offender has the intent to perpetrate the act
prohibited b% the special law.
 3hen the doin" of an act is prohibited
b% a special law, the act is in#urious to
public welfare and the doin" of the
prohibited act is the crime itself. The
act alone, irrespective of its motives,
constitutes the offense, and so "ood
faith is not a defense.
 =owever, when the act penali7ed under
the .pecial 4aw is inherentl% wron",
"ood faith and lack of criminal intent
are valid defenses.
MALA IN SE AND MALA -RO,IBI+A
1. <alum in .e > &bad per se) violation of
the 5$C
2. <alum $rohibitum > violation of special
penal laws
DIS+INC+IONS
&C-:*/ 92C'<$)
M3&!m in %e M3&!m
pro$i'i#!m
1. Criminal liabilit%
is based on the
<-5'4 T5',T of
the offender, that is
wh% liabilit% would
onl% arise when
there is dolo or
culpa in the
commission of the
punishable act.
1. The moral
trait of the
offender is (-T
considered, it is
enou"h that the
prohibited act be
voluntaril% done.
2
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
M3&!m in %e M3&!m
pro$i'i#!m
1. 9--: ;',T=
or lack of criminal
intent is a valid
defense, unless the
crime is the result of
culpa.
1. 9ood faith is
(-T a defense.
1. The de"ree of
'CC-<$4,.=<*(
T of the crime is
taken into account
in punishin" the
offender. Thus,
there are
attempted,
frustrated and
consummated
sta"es in the
commission of the
crime.
1. The act "ives
rise to a crime
onl% when it is
consummated.
There are (-
attempted or
frustrated sta"es.
1. $enalt% ma%
var% dependin" on
the presence or
absence of
C,5C?<.T'(C*..
1. <iti"atin"
and a""ravatin"
circumstances
are (-T taken
into account in
imposin" the
penalt%.
1. 3here there
are more than one
offender, the de"ree
of $'5T,C,$'T,-(
of each in the
commission of the
crime is taken into
account in imposin"
the penalt%. Thus
offenders are
classified principals,
accomplices and
accessories.
1. The de"ree
of participation of
an% offender is
(-T considered.
'll those who
perpetrated the
prohibited act are
penali7ed to the
same extent.
There is no
principal or
accomplice or
accessor% to
consider.
DIS+INC+IONS
IN+EN+ MO+I.E
1. purpose to use
particular means to
effect such result
1. movin" power
which impels one to
act
2. element of the crime,
except in malum
prohibita
2. (-T an element of
the crime
. essential in
intentional felonies
. essential onl%
when the identit% of
the perpetrator is in
doubt
AR+2 =2 CRIMINAL LIABILI+Y
-ne who commits an intentional felon% is
responsible for all the consequences which ma%
naturall% and lo"icall% result therefrom, whether
foreseen, intended or not.
RE<1ISI+ES FOR CRIMINAL LIABILI+Y FOR
A FELONY, DIFFEREN+ FROM +,A+
IN+ENDED +O BE COMMI++ED >AR+2 =,
-AR21?0
1. That an ,ntentional felon% has been
committed8 and
2. That the wron" done to the a""rieved
part% be the direct, natural and lo"ical
consequence of the felon% committed b% the
offender &$roximate cause).
@ -RO/IMA+E CA1SE 2the cause, which, in
natural and continuous sequence, unbroken b%
an% efficient intervenin" cause, produces the
in#ur%, and without which the result would not
have occurred”.
@ -ne is (-T relieved from criminal liabilit% for
the natural consequences of one0s ille"al acts
merel% because one does not intend to produce
such consequences, as lon" as the felon%
committed was the proximate cause.
CA1SES W,IC, MAY -ROD1CE A
RES1L+ DIFFEREN+ FROM +,A+
IN+ENDED
1. *rror in personae2 mistake in the identit%
of the victim
2. 'berratio ictus2 mistake in the blow
. $raeter intentionem2 the in#urious result
is different from that intended
@ MIS+A)E OF FAC+ AS A DEFENSE
RE<1ISI+ES0
1. the act done would have been lawful
had the facts been as accused believed
them to be
2. the intention of the accused in doin" the
act was lawful
3. the mistake was without fault or
carelessness on the part of the accused
RE<1ISI+ES FOR AN IM-OSSIBLE CRIME
>AR+2 =, -AR2 2?0
1. That the act performed would be an
offense a"ainst persons or propert%

CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
2. That the act was done with evil intent
. That its accomplishment is inherentl%
impossible, -5 that the means emplo%ed is
either inadequate or ineffectual.
!. That the act performed should not
constitute a violation of another provision of
the 5evised $enal Code.
@ The purpose of the law in punishin" impossible
crime is to teach the offender a lesson for his
criminal perversit%.
@ There is no such thin" as an attempted or
frustrated impossible crime.
AR+2 @2 CONS1MMA+ED,
FR1S+RA+ED,
AND A++EM-+ED FELONIES
S+AGES OF OFFENSES
1. C-(.?<<'T*: ;*4-(A 2 ' felon% is
consummated when all the elements
necessar% for its execution and
accomplishment are present.
*ver% crime has its own elements, which
must all be present to constitute a culpable
violation of a precept of law.
2. ;5?.T5'T*: ;*4-(A 2 ,t is frustrated
when the offender performs all the acts of
execution which would produce the felon%
as a consequence, but which nevertheless
do not produce it, b% reason of causes
independent of the will of the perpetrator.
*4*<*(T./
&C-:*/ '$(,)
1. The offender performs 3&& #$e 3"#% of
eAe"!#ion
2. 'll the acts performed would pro!"e
the felon% as a consequence
. 1ut the felon% is no# pro!"e
!. 1% reason of causes inepenen# of
#$e :i&& of the perpetrator
 The belief of the accused is (-T
considered. 3hat should be considered
is whether all the acts of execution
performed b% the offender “would
produce the felon% as a consequence”.
. 'TT*<$T*: ;*4-(A 2 There is an
attempt when the offender commences the
commission of a felon% directl% b% overt
acts, and does not perform all the acts of
execution which should produce the felon%,
b% reason of some cause or accident other
than his own spontaneous desistance.
*4*<*(T./
&Code
1
/ C2'2-')
1. The offender "ommen"e% the
commission of the felon% directl% b%
overt acts
2. =e does no# perform 3&& #$e 3"#% of
eAe"!#ion which should produce the
felon%
. The offender0s act be no# %#oppe 'y
$i% o:n %pon#3neo!% e%i%#3n"e8
!. The non2performance of all acts of
execution was due to cause or
3""ien# o#$er #$3n $i% o:n
%pon#3neo!% e%i%#3n"e.
@ -B*5T 'CT./ .ome ph%sical activit% or
deed, indicatin" intention to commit a
particular crime, more than a mere plannin"
or preparation, which if carried to its
complete termination followin" its natural
course, without bein" frustrated b% external
obstacles, nor b% voluntar% desistance of the
perpetrator will lo"icall% ripen into a concrete
offense.
@ ,(:*T*5<,('T* -;;*(.* / -ne where
the purpose of the offender in performin" an
act is not certain.
 -nl% offenders who personall% executed
the commission of a crime can be "uilt%
of attempted felon%. 1ut one who takes
part onl% in the plannin" of a criminal
act, but desists in its actual commission,
is as a rule exempt from criminal liabilit%.
T3- .T'9*. ,( T=* :*B*4-$<*(T -; '
C5,<*/
1. In#ern3& 3"#%, such as mere ideas in
the mind of a person, are not punishable
even if the% would constitute a crime, had
the% been carried out.
2. EA#ern3& 3"#% cover a) preparator% acts
and b) acts of execution.
a. $reparator% acts are ordinaril% not
punishable. 1ut preparator% acts,
considered b% law as independent
crimes, are punishable. 'n example is
the possession of picklocks under 'rt.
C!, 5$C, which is a preparator% act to
the commission of robber%.
b. 'cts of execution are punishable under
the 5evised $enal Code.
1 ' dash &2) before a letter means “(-T”.
!
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
;'CT-5. T- C-(.,:*5 ,( :*T*5<,(,(9
3=*T=*5 T=* ;*4-(A ,. 'TT*<$T*:,
;5?.T5'T*: -5 C-(.?<<'T*:/
1. (ature of the offense
2. *lements constitutin" the felon%
. <anner of committin" the felon%
AR+2 B2 LIG,+ FELONIES
Gener3& r!&e0 4i"ht felonies are punishable
onl% when the% have been consummated.
EA"ep#ion0 ,f committed a"ainst persons or
propert%, punishable even if attempted or
frustrated.
AR+2 C2 CONS-IRACY AND
-RO-OSAL +O COMMI+ FELONY
5*D?,.,T*. -; C-(.$,5'CA/
1. That two or more persons came to an
36reemen#8
2. That the a"reement pertains to the
"ommi%%ion of 3 fe&ony8 and
. That the execution of the felon% be
e"ie upon.
5*D?,.,T*. -; $5-$-.'4/
1. That a person has e"ie to commit a
felon%8 and
2. That he propo%e% i#% eAe"!#ion to
some other person or persons.
+WO AS-EC+S OF CONS-IRACY OR
-RO-OSAL +O COMMI+ FELONY0
1. 's a manner of incurrin" criminal liabilit%
&"eneral rule)
2. 's a separate punishable offense
&exception)
R1LES ON CONS-IRACY OR -RO-OSAL
+O COMMI+ A FELONY0
a. 9*(*5'4 5?4*/ <ere conspirac% and
proposal to commit a felon% are not
punishable. 5eason for the rule/ conspirac%
and proposal to commit a crime are onl%
preparator% acts.
b. *xception/ The% are punishable in cases
in which the law speciall% provides a penalt%
therefor.
c. 'nd when conspirac% is itself a crime,
no overt act is necessar% to brin" about
criminal liabilit%.
d. 1ut when conspirac% is onl% a basis for
incurrin" criminal liabilit%, there must be an
overt act before the co2conspirators become
criminall% liable. ,n which case, the rule is
that/ “the act of one is the act of all”.
@ *xception/ ,f an% of the co2conspirators would
commit a crime not a"reed upon, the same
is (-T the act of all.
@ EA"ep#ion #o #$e eA"ep#ion/ 1ut in acts
constitutin" a “sin"le indivisible offense”, all
will be liable for a crime committed b% one
co2conspirator, even thou"h he performed
different acts from that a"reed upon in
brin"in" about the composite crime. The
others ma% onl% evade responsibilit% for an%
other crime outside of that a"reed upon, if it
is proved that the particular conspirator had
tried to prevent the commission of such
other act.
AR+2 D2 CLASSIFICA+ION OF
FELONIES
ACCORDING +O GRA.I+Y
,<$-5T'(C* -; T=* C4'..,;,C'T,-(/
a. To determine whether these felonies can
be complexed or not8
b. To determine the prescription of the
crime and the prescription of the penalt%.
AR+2 102 OFFENSES NO+ S1B5EC+
+O +,E -RO.ISIONS OF +,E R-C
 The provisions of the 5$C on penalties
cannot be applied to offenses punishable
under special laws.
AR+2 112 51S+IFYING
CIRC1MS+ANCES
:*;,(,T,-(./
1. 5!%#ifyin6 "ir"!m%#3n"e% are those
where the act of a person is said to be in
accordance with law, so that such person is
deemed not to have trans"ressed the law
and is free from both criminal and civil
liabilit%. There is no civil liabilit%, except in
par. ! of 'rt. 11, where the civil liabilit% is
borne b% the persons benefited b% the act.
2. Confession and avoidance >the
accused admits the offense char"ed but
invokes #ustif%in" or exemptin"
circumstances to evade the penalt%.
12 SELF-DEFENSE
5*D?,.,T*./
1. unlawful a""ression8
2. reasonable necessit% of the means
emplo%ed to prevent or repel it8 and
E
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
. lack of sufficient provocation on the part
of the person defendin" himself
 1n&3:f!& 366re%%ion is equivalent to
assault or at least threatened assault of an
immediate and imminent kind.
 NO+ considered unlawful a""ression/
a. ,nsultin" words addressed to the
accused, no matter how ob#ectionable the%
ma% have been, without ph%sical assault,
could (-T constitute unlawful a""ression.
b. ' mere threatenin" or intimidatin"
attitude, not preceded b% an outward and
material a""ression, is (-T unlawful
a""ression, because is it required that the
act be offensive and positivel% stron",
showin" the wron"ful intent of the a""ressor
to cause an in#ur%.
 Ne"e%%i#y must be both on the means
emplo%ed and the action taken.
 Re3%on3'&ene%% of the means
emplo%ed depends upon the nature and
qualit% of the &1) weapon used b% the
a""ressor, and &2) his ph%sical condition,
character, si7e and other circumstances, &)
and those of the person defendin" himself,
&!) and also the place and occasion of the
assault.
 +e%# of re3%on3'&e ne"e%%i#y0 3hat
the law requires is “rational equivalence”, in
consideration of which will enter as principal
factors the followin"/ &1) the emer"enc% and
imminen# 3n6er to which the person
attacked is exposed, and &2) the in%#in"#,
more than reason, that moves or impels the
defense. $roportionateness rests upon the
imminent dan"er and not upon the harm
done.
 NO+ required for reasonable necessit%/
-erfe"# e9!3&i#y between the weapons
used b% the one defendin" himself and that
of the a""ressor is not required, nor
m3#eri3& "ommen%!r3'i&i#y between the
means of attack and defense. Re3%on/ This
is because the person assaulted does not
have sufficient tranquilit% of mind to think
and to calculate.

 Re3%on wh% penal law makes self2
defense lawful/
,t would be quite impossible for the .tate in
all cases to prevent a""ression upon its
citi7ens &and even forei"ners) and offer
protection to the person #ustl% attacked. -n
the other hand, it cannot be conceived that a
person should succumb to an unlawful
a""ression without offerin" an% resistance.
 Ri6$#% included in self2defense/
.elf2defense includes not onl% the defense
of the person or bod% of the one assaulted
but also that of his ri"hts, the en#o%ment of
which is protected b% law.
1.,ncludes the ri"ht to honor. =ence, a slap
on the face is considered as unlawful
a""ression directed a"ainst the honor of
the actor,
2.,ncludes defense of propert% ri"hts, onl% if
there is also an actual and imminent
dan"er on the person of the one
defendin".
22 DEFENSE OF RELA+I.ES
5*4'T,B*. T='T C'( 1* :*;*(:*:/
&C-:*/ .':1!)
1. .pouse
2. 'scendants
. :escendants
!. 4e"itimate, natural or adopted 'ro#$er%
and sisters, or relatives b% affinit% in the
same de"rees.
E. 5elatives b% "on%3n6!ini#y :i#$in
#$e fo!r#$ "iEi& e6ree
 That fact that the relative defended "ave
provocation is immaterial.
;2 DEFENSE OF S+RANGER
W,O ARE DEEMED S+RANGERSF
'n% person not included in the enumeration of
relatives mentioned in para"raph 2 of this article,
is considered stran"er for the purpose of
para"raph . =ence, even a close friend or a
distant relative is a stran"er within the meanin"
of para"raph .
=2 A.OIDANCE OF GREA+ER E.IL
OR IN51RY
 The "reater evil must not be brou"ht
about b% the ne"li"ence or imprudence of
the actor.
 CiEi& &i3'i&i#y referred to in a state of
necessit% is based not on the act committed,
but on the benefit derived from the state of
necessit%.
a..o the accused will not be civill% liable if
he did not receive an% benefit from the
state of necessit%.
b.-n the other hand, persons who did not
participate in the dama"e or in#ur% would
be pro tanto civill% liable if the% derived
benefit out of the state of necessit%.
G2 F1LFILLMEN+ OF D1+Y4 OR
6
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
LAWF1L E/ERCISE OF RIG,+ OR
OFFICE
5*D?,.,T*./
1. That the accused acted in the
performance of a !#y or in the lawful
exercise of a ri"ht or oH"e8
2. That the in#ur% caused or the offense
committed be the ne"e%%3ry
"on%e9!en"e of the due performance of
dut% or the lawful exercise of such ri"ht or
office.
@2 OBEDIENCE +O AN ORDER
ISS1ED FOR SOME LAWF1L
-1R-OSE
5*D?,.,T*./
1. That an orer has been issued b% a
superior
2. That such order must be for some
&3:f!& p!rpo%e
. That the me3n% used b% the
subordinate to carr% out said order is &3:f!&
 1oth the person who "ives the order
and the person who executes it must be
actin" within the limitations prescribed b%
law.
AR+2 122 E/EM-+ING
CIRC1MS+ANCES
:*;,(,T,-(/
1. EAemp#in6 "ir"!m%#3n"e% &or the
circumstances for non2imputabilit%) are
those "rounds for exemption from
punishment, because there is wantin" in the
a"ent of the crime an% of the conditions
which makes the act voluntar%, or ne"li"ent.
1'.,./
The exemption from punishment is based on the
complete absence of intelli"ence, freedom of
action, or intent, or on the absence of
ne"li"ence on the part of the accused.
DIS+INC+IONS
&C-:*/ '42C24)
51S+IFYING
CIRC1MS+ANCE
E/EM-+ING
CIRC1MS+ANCE
1. ,t affects the
3"# not the actor.
1. ,t affects the
actor not the act.
1. The act is
considered to have
been done within
the bounds of law8
hence, le"itimate
and &3:f!& in the
e%es of the law.
1. The act
complained of is
actuall%
wron"ful, but the
actor is not
liable.
1. .ince the act is
considered lawful,
there is no "rime.
1. .ince the act
complained of is
actuall% wron",
there is a crime8
but the since
actor acted
without
voluntariness,
there is no dolo
nor culpa.
1. .ince there is
no crime, nor a
criminal, there is
also no liabilit%,
criminal nor civil.
1. .ince there is
a crime
committed
thou"h there is
no criminal,
there is civil
liabilit%.
12 IMBECILI+Y OR INSANI+Y
1. In%3ni#y or im'e"i&i#y exists when
there is a complete deprivation of
intelli"ence in committin" the act, that is, the
accused is &1) deprived of reason, he acts
without the least discernment, or that &2)
there is a total deprivation of freedom of the
will. 'n imbecile is exempt in all cases from
criminal liabilit%.
2. 1ut an insane person is not so exempt if
it can be shown that he acted durin" a &!"i
in#erE3&.
. 'lso, when the accused was sane at the
time of the "ommi%%ion of the crime, but
he becomes insane at the time of the trial,
he is criminall% liable. The trial, however,
will be suspended until the mental capacit%
of the accused is restored, in order to afford
him a fair trial.
 2 +ES+S OF INSANI+Y0
1. Test of C-9(,T,-(> complete
deprivation of intelli"ence in committin"
the crime.
2. Test of B-4,T,-( > total deprivation of
freedom of will.
22 -ERSON 1NDER NINE YEARS OF
AGE
 'n infant under the a"e of nine %ears is
absolutel% and conclusivel% presumed to be
F
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
incapable of committin" a crime.

;2 -ERSON O.ER NINE YEARS OF
AGE AND 1NDER FIF+EEN, AC+ING
WI+,O1+ DISCERNMEN+
1. Di%"ernmen# means mental capacit%
&i.e. of a minor) to full% appreciate the
consequences of an unlawful act.
2. :iscernment ma% be shown b% &1) the
manner the crime was committed, or &2) the
conduct of the offender after its commission
=2 A -ERSON W,O W,ILE
-ERFORMING A LAWF1L AC+ WI+,
D1E CARE, CA1SES IN51RY, BY
MERE ACCIDEN+ WI+,O1+ FA1L+
OR IN+EN+ION OF CA1SING I+
1. A""ien# is somethin" that happens
outside the swa% of our will, and althou"h it
comes about throu"h some act of our will,
lies be%ond the bounds of humanl%
foreseeable consequences.
2. 'n accident presupposes lack of
intention to commit the wron" done.
G2 A -ERSON W,O AC+S 1NDER
+,E
COM-1LSION OF AN IRRESIS+IBLE
FORCE
*4*<*(T./
1. That the compulsion is b% means of
ph%sical force.
2. That the ph%sical force must be
irresistible.
. That the ph%sical force must come from
a third person.
 The irresistible force must never consist
in an impulse or passion, or obfuscation. ,t
must consist of an extraneous force comin"
from a third person.
@2 A -ERSON W,O AC+S 1NDER
+,E IM-1LSE OF
1NCON+ROLLABLE FEAR OF AN
E<1AL OR GREA+ER IN51RY
*4*<*(T./
1. That the threat which causes the fear is
of an evil "reater than, or at least equal to,
that which he is required to commit8
2. That it promises an evil of such "ravit%
and imminence that the ordinar% man would
have succumbed to it.
 D!re%% as a valid defense should be
based on real, imminent, or reasonable fear
for one0s life or limb and should not be
speculative, fanciful, or remote fear.
 =ence, duress is unavailin" where the
accused had ever% opportunit% to run awa%
if he had wanted to, or to resist an% possible
a""ression because was also armed.
 DIS+ING1IS,ED FROM
IRRESIS+IBLE FORCE0
,n irresistible force &par. E), the offender
uses violence or ph%sical force to compel
another person to commit a crime8 in
uncontrollable fear &par. 6), the offender
emplo%s intimidation or #$re3# in compellin"
another to commit a crime.
B2 A -ERSON W,O FAILS +O
-ERFORM AN AC+ RE<1IRED BY
LAW, W,EN -RE.EN+ED BY SOME
LAWF1L OR INS1-ERABLE CA1SE2
*4*<*(T./
1. That an 3"# i% re9!ire b% law to be
done
2. That a person f3i&% to perform such act
. That his failure to perform such act was
due to some lawful or in%!per3'&e "3!%e.
ABSOL1+ORY CA1SES
 :*;,(,T,-(/
A'%o&!#ory "3!%e% are those where the
act committed is a crime but for reasons of
public polic% and sentiment there is no
penalt% imposed.
 In%#i63#ion is an absolutor% cause.
5*'.-(/ 'n insti"ator practicall% induces
the “would2be accused” into the commission
of the offense, and himself becomes a co2
principal. .ound public polic% requires that
the courts condemn this practice b% directin"
the acquittal of the accused.
AR+2 1;2 MI+IGA+ING
CIRC1MS+ANCES
:*;,(,T,-(/
1. Mi#i63#in6 "ir"!m%#3n"e% are those
which, if present in the commission of the
crime, do not entirel% free the actor from
criminal liabilit%, but serve onl% to reduce the
penalt%.
1'.,./
<iti"atin" circumstances are based on the
diminution of either freedom of action,
intelli"ence, or intent, or on the lesser perversit%
of the offender.
G
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
CLASSES OF MI+IGA+ING
CIRC1MS+ANCES
1. Orin3ry mi#i63#in6> those
enumerated in subsections 1 to 1C of 'rticle
1, 5$C. Those mentioned in subsection 1
of 'rt. 1 are ordinar% miti"atin"
circumstances, if 'rt. 6H, for instance, is not
applicable.
2. -riEi&e6e mi#i63#in6 > see 'rts. 6G,
6H and 6! of the 5$C.
DIS+INC+IONS
&C-:*/ -<)
ORDINARY
MI+IGA+ING
CIRC1M-
S+ANCE
-RI.ILEGED
MI+IGA+ING
CIRC1M-
S+ANCE
's to the nature
of the
consequences
1. ,t can be
oI%e# b%
an
a""ravatin
"
circumstanc
e.
1. ,t can
(*B*5 be
offset b%
an%
a""ravatin
"
circumstanc
e.
's to the effect
1.,f not
offset, it
will operate
to reduce
the penalt%
to the
minim!m
period,
provided
the penalt%
is a
divisible
one.
1. ,t
operates to
reduce the
penalt% b%
one to two
:*95**.
dependin"
upon what
the law
provides.

-ARAGRA-, 10 INCOM-LE+E
51S+IFYING OR E/EM-+ING
CIRC1MS+ANCE
1. 'pplies, when all the requisites
necessar% to 8!%#ify the act are not
attendant.
2. 1ut in the case of “incomplete self2
defense, defense of relatives, and defense
of stran"er”, unlawful a""ression must be
present, it bein" an indispensable requisite.
-ARAGRA-, 20 1NDER 1C, OR O.ER B0
YEARS OLD
LEGAL EFFEC+S OF .ARIO1S AGES OF
OFFENDER0
1. ?nder H %ears of a"e, an eAemp#in6
circumstance &'rt. 12, par. 2)8
2. -ver H and under 1E %ears of a"e,
actin" without discernment is also an
eAemp#in6 circumstance, &'rt. 12, par. 8
see 'rt. 6G, par. 1)8
. <inor delinquent &under 1G %ears of
a"e), the sentence m3y 'e %!%pene
&'rt. 1H2, $: 6C, as amended b% $:
11FH)8
!. ?nder 1G %ears of a"e, priEi&e6e
miti"atin" circumstance &'rt. 6G)8
E. 1G %ears or over, f!&& criminal
responsibilit%8
6. FC %ears or over, mi#i63#in6
circumstance &'rt. 1, par. 2), no imposition
of e3#$ pen3&#y &'rt. !F, par. 1),
execution of death sentence if alread%
imposed is suspended and commuted &'rt.
G).
-ARAGRA-, ;0 NO IN+EN+ION +O
COMMI+ SO GRA.E A WRONG
1. ,f the offender had no intention to
commit so "rave a wron" as that committed,
he is entitled to a miti"atin" circumstance.
This can be taken into account onl% when
the facts proven show that there is a notable
and evident disproportion between the
means emplo%ed to execute the criminal act
and its consequences.
2. This para"raph is not applicable to
culpable felonies.
-ARAGRA-, =0 -RO.OCA+ION OR
+,REA+
:*;,(,T,-(/
-roEo"3#ion is understood as an% un#ust or
improper conduct or act of the offended part%,
capable of excitin", incitin", or irritatin" an% one.
5*D?,.,T*./
&Code/ soi)
1. That the provocation must be
%!H"ien#.
2. That it must ori"inate from the oIene
p3r#y.
. That the provocation must be
immei3#e to the commission of the crime
b% the person who is provoked.
 The threat should not be offensive and
positivel% stron". -therwise, the threat to
inflict real in#ur% is an unlawful a""ression,
which ma% "ive rise to self2 defense.
-ARAGRA-, G0 .INDICA+ION OF GRA.E
OFFENSE
H
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
5*D?,.,T*./
1. That there be a "rave offense done to
the one committin" the felon% &offender), his
spouse, ascendants, descendants,
le"itimate, natural or adopted brothers or
sisters, or relatives b% affinit% within the
same de"rees8
2. That the felon% is committed in
vindication of such "rave offense.
 ,mmediate vindication means proximate.
=ence, a lapse of time is allowed between
the vindication and the doin" of the "rave
offense.
DIS+INC+IONS
&C-:*/ :29,)
-RO.OCA+ION .INDICA+ION
1. ,t is made
ire"#&y onl% to
the person
committin" the
felon%.
1. The "rave
offense ma%
be committed
also a"ainst
the offender0s
re&3#iEe%
mentioned b%
law.
1. The cause that
brou"ht about
the provocation
nee no# 'e 3
6r3Ee offense.
1. The offended
part% must have
done a 6r3Ee
oIen%e to the
offender or his
relatives
mentioned b%
law.
1. ,t is necessar%
that the
provocation or
threat
immei3#e&y
preceded the act,
i.e., that there be
no interval of time
between the
provocation and
the commission of
the crime.
1. The
vindication of
the "rave
offense ma%
be proximate,
which admits
of an
,(T*5B'4 of
time between
the "rave
offense done
b% the
offended part%
and the
commission of
the crime b%
the accused.
-ARAGRA-, @0 -ASSION OR
OBF1SCA+ION
5*D?,.,T*./
1. The accused acted upon an imp!&%e.
2. The impulse must be so powerful that it
naturall% produced p3%%ion or obfuscation
in him.
 5*'.-(/ 3hen there are causes
naturall% producin" in a person powerful
excitement, he loses his reason and self2
control, thereb% diminishin" the exercise of
his :i&& po:er.
*+C*$T,-(./ 1ut even when there is actuall%
passion or obfuscation on the part of the
offender, there is no miti"atin" circumstance if/
&a) The act is committed in a %piri# of
&3:&e%%ne%%8 or &b) The act is committed in a
%piri# of reEen6e.
-ARAGRA-, B0 S1RRENDER AND
CONFESSION OF G1IL+
+WO MI+IGA+ING CIRC1MS+ANCES ARE
-RO.IDED IN +,IS -ARAGRA-,0
1. Boluntar% surrender to a person in
authorit% or his a"ents.
2. Boluntar% confession of "uilt before the
court, prior to the presentation of evidence
for the prosecution.
5*D?,.,T*. -; B-4?(T'5A .?55*(:*5/
&Code/ 2'.B)
1. That the offender had no# 'een
3"#!3&&y 3rre%#e
2. That the offender %!rrenere himself
to a person in authorit% or to the latter0s
a"ent
. That the surrender was Eo&!n#3ry.
<eanin", for voluntar% surrender to be
appreciated, the same must be
spontaneous in such a manner that it shows
the interest of the accused to surrender
unconditionall% to the authorities.
5*D?,.,T*. -; B-4?(T'5A $4*' -;
9?,4TA/
&C-:*/ .C$)
1. That the offender %pon#3neo!%&y
"onfe%%e his "uilt8
2. That the confession of "uilt was made in
open court, that is, before the "ompe#en#
"o!r# that is to tr% the case8 and
. That the confession of "uilt was made
prior to the presentation of evidence for the
prosecution. <eanin", plea of "uilt% in the
5TC in a case appealed from the <unicipal
Court is not miti"atin", because the plea of
"uilt% must be made at the first opportunit%
&in this case, the <unicipal Court).
1C
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
-ARAGRA-, C0 -,YSICAL DEFEC+ OF
+,E OFFENDER
 :*;,(,T,-(/ -$y%i"3& efe"# referred
to in this para"raph is such as bein"
armless, cripple, or a stutterer, whereb% his
means to act, to defend himself, or to
communicate with his fellow human bein"s,
is limited.
-ARAGRA-, D0 ILLNESS OF +,E
OFFENDER
5*D?,.,T*./
1. That the illness of the offender
imini%$e% the exercise of his will power.
2. That such illness should not deprive the
offender of "on%"io!%ne%% of his acts.
-ARAGRA-, 100 SIMILAR AND
ANALOGO1S CIRC1MS+ANCES
 This para"raph authori7es the court to
consider in favor of the accused “an% other
circumstance of a similar nature and
analo"ous to those mentioned” in
para"raphs 1 to H of 'rticle 1.
AR+2 1= AGGRA.A+ING
CIRC1MS+ANCES
:*;,(,T,-(/
1. A66r3E3#in6 "ir"!m%#3n"e% are
those which, if attendant in the commission
of the crime, serve to increase the penalt%
without, however, exceedin" the maximum
of the penalt% provided b% law for the
offense.
1'.,./
The% are based on the "reater perversit% of the
offender manifested in the commission of the
felon%, as shown b% &1) the motivatin" power
itself, &2) the place of commission, &) the means
and wa%s emplo%ed, &!) the time, or &E) the
personal circumstances of the offender, or of the
offended part%.
FO1R )INDS OF AGGRA.A+ING
CIRC1MS+ANCES
1. GENERIC> those that can "enerall%
appl% to all crimes
 ?.?'44A/ dwellin"8 ni"httime8
recidivism
 *(?<*5'T*:/
&1)'dvanta"e taken of public position
&2)Contempt or insult to public authorities
&)Commission in the dwellin" of the
offended part%
&!)'buse of confidence8 or obvious
un"ratefulness
&E)$laces of commission
&6)(i"httime8 uninhabited place8 or band
&F)5ecidivism
&G)5eiteracion
&H)Craft, fraud, or dis"uise
&1C)?nlawful entr%
&11)1% breakin" wall, etc.
&12)'id of a minor &under 1E %ears)
2. S-ECIFIC22 those that appl% onl% to
particular crimes.
 ?.?'44A/ i"nomin% in crimes a"ainst
chastit%8 or cruelt% and treacher% in crimes
a"ainst persons
 *(?<*5'T*:/
&1)disre"ard of rank, a"e, or sex of offended
part%
&2)superior stren"th8 or means to weaken
the defense
&)treacher%
&!)i"nomin%
&E)cruelt%

. <1ALIFYING> those that chan"e the
nature of the crime.
 *+'<$4*./ 'levosia &treacher%), or
evident premeditation qualifies the killin" of
a person to murder

!. IN,EREN+> those that must, of
necessit%, accompan% the commission of the
crime.
 *+'<$4*/ *vident premeditation is
inherent in robber%, theft, estafa, adulter%, or
concubina"e
DIS+INC+IONS
&C-:*/ (2-')
<1ALIFYING
AGGRA.A+ING
CIRC1MS+ANCE
GENERIC
AGGRA.A+ING
CIRC1MS+ANCE
11
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
1. ,t does not onl%
"ive the crime its
proper and
exclusive n3me,
but also places the
author thereof in
such a situation as
to deserve no other
pen3&#y than that
speciall% prescribed
b% law for said
crime.
1. ,ts effect is to
in"re3%e the
penalt%, which
should be
imposed upon
the accused
without
exceedin" the
limit prescribed
b% law.
1. ,t "3nno# 'e
oI%e# b% a an
ordinar% miti"atin"
circumstance.
2. ,t m3y 'e
"ompen%3#e
b% a miti"atin"
circumstance.
1. ,t must be
3&&e6e in the
information,
otherwise it is a
"eneric a""ravatin"
circumstance onl%.
1. <ust also be
alle"ed in the
information.
&2CCC Criminal
$roc)
MODIFICA+IONS IN +,E A--LICA+ION
OF SOME AGGRA.A+ING
CIRC1MS+ANCES >A"%?
&C-:*/ (o $ersonal Inowled"e)
1. 'Cs 3=,C= :- NO+ ='B* T=*
*;;*CT -; INCREASING T=* $*('4TA.
=ence, &a) those which in themselves,
"on%#i#!#e a crime speciall% punishable b%
law, and &b) those which are in"&!e b%
the law in definin" a crime and prescribin"
the penalt% therefor, shall (-T be taken into
account for the purpose of increasin" the
penalt% &'rt. 62, par. 1).
2. 'Cs 3=,C= '5* -ERSONAL T- T=*
-;;*(:*5.. =ence, those which arise/ a)
from the mor3& 3##ri'!#e% of the offender,
or b) from his priE3#e re&3#ion% with the
offended part%, or c) from an% other
per%on3& "3!%e, shall onl% serve to
a""ravate the liabilit% of the principals,
accomplices, and accessories as to whom
such circumstances are 'TT*(:'(T &'rt.
62, par. ).
. 'Cs 3=,C= :*$*(: ;-5 T=*,5
'$$4,C'T,-( ?$-( T=* )NOWLEDGE
-; T=* -;;*(:*5.. =ence, those which
consist 1) in the m3#eri3& eAe"!#ion of the
act, or 2) in the me3n% emp&oye to
accomplish it, shall serve to a""ravate the
liabilit% of those persons onl% who had
I(-34*:9* of them at the time of the
execution of the act or their cooperation
therein &'rt. 62, par. !).
-ARAGRA-, 10 AD.AN+AGE +A)EN OF
-1BLIC -OSI+ION >"3nno# 'e oI%e# 'y
3ny mi#i63#in6 "ir"!m%#3n"e?
1. *..*(C*/ The public officer must use
the influence, presti"e, or ascendanc%,
which his office "ives him, as the means b%
which he reali7es his purpose. The essence
of the matter is presented in the inquir%, “:id
the accused abuse his office in order to
commit the crimeJ”
2. (-T '$$4,*:/ The circumstance,
takin" advanta"e of public position cannot
be taken into consideration in offenses
where takin" advanta"e of official position is
made b% law an in#e6r3& e&emen# of the
crime, such as in <'4B*5.'T,-( under
'rt. 21F, or in ;'4.,;,C'T,-( -;
:-C?<*(T C-<<,TT*: 1A $?14,C
-;;,C*5. ?(:*5 '5T. 1F1. 'lso, this
circumstance is in$eren# in the case of
'CC*..-5,*. ?(:*5 '5T. 1H, $'5. ,
and in C5,<*. C-<<,TT*: 1A $?14,C
-;;,C*5. &;-?(: ,( '5T.. 2C!22!E).

-ARAGRA-, 20 CON+EM-+ OR INS1L+
+O -1BLIC A1+,ORI+IES
5*D?,.,T*./
1. That the public authorit% is en"a"ed in
the exercise of his functions.
2. That he who is thus en"a"ed in the
exercise of said functions is (-T the person
a"ainst whom the crime is committed.
. The offender knows him to be a public
authorit%.
!. =is presence has not prevented the
offender from committin" the criminal act.
 ,f the crime is committed a"ainst a
public authorit% while he is in the
performance of his official dut%, the offender
commits direct assault &'rt. 1!G).
 Inowled"e that a public authorit% is
present is essential.
DEFINI+ION0
A -!'&i" A!#$ori#y, sometimes also called a
“person in authorit%”, is a public officer who is
directl% vested with #urisdiction, that is, a public
officer who has the power to "overn and execute
the laws.
 ?nder the decided cases, a municipal
m3yor, a baran"a% captain, or a barrio
captain is a person in authorit% or a public
authorit%. *ven a %"$oo& #e3"$er is now
considered a person in authorit% under C'
EFG. .o is a municipal councilor, a
m!ni"ip3& $e3&#$ oH"er, a nurse, or a
12
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
1,5 a"ent. =owever, additional persons in
authorit% under 'rt. 1E2 is onl% for purposes
of direct assault and resistance.
 The "$ief of po&i"e should therefore be
considered a public authorit% or a person in
authorit%, for he is vested with #urisdiction or
authorit% to maintain peace and order and is
specificall% dut% bound to prosecute and to
apprehend violators of the laws and
municipal ordinances, more than the
aforementioned officials who cannot
prosecute, and who are not even en#oined to
arrest malefactors, althou"h the% are
specificall% mentioned as “persons in
authorit%” b% the decided cases and b% 'rt.
1E2 of the 5$C as amended.
-ARAGRA-, ;0 DISREGARD OF RAN),
AGE, OR SE/ OF OFFENDED -AR+Y4 OR
COMMISSION IN +,E DWELLING OF
+,E OFFENDED -AR+Y
 ,f all the four circumstances enumerated
in this para"raph are present, the% have the
wei"ht of onl% one a""ravatin" circumstance
onl%.
A2 +$3# #$e 3"# 'e "ommi##e :i#$
in%!&# or in i%re63r of #$e re%pe"#
!e #$e oIene p3r#y on 3""o!n#
of #$e *
:*;,(,T,-(./
a. rank of the offended part%. There must
be a difference in the social condition of the
offender and the offended part%.
b. a"e of the offended part%. 'pplies to
cases where the victim is of tender a"e as
well as of old a"e.
c. sex of the offended part%. This refers to
the female sex, not to the male sex.
 This circumstance &rank, a"e, or sex) is
applicable onl% in crimes a"ainst persons or
honor.
DISREGARD OF RAN), AGE, OR SE/ IS NO+
AGGRA.A+ING IN +,E FOLLOWING CASES0
a. 3hen the offender acted with passion
and obfuscation.
b. 3hen there exists a relationship
between the offended part% and the
offender.
c. 3hen the condition of bein" a woman is
indispensable in the commission of the
crime. Thus, in &1) parricide, &2) abduction,
or &) seduction, sex is not a""ravatin".
 I% i%re63r of %eA 3'%or'e in
#re3"$eryF
There were 2 different rulin"s.
1.The earlier one sa%s, disre"ard of sex is
absorbed in treacher%.
2.The later one sa%s/ the a""ravatin"
circumstance of disre"ard of sex and
a"e are (-T absorbed in treacher%
because treacher% refers to the m3nner
of the commission of the crime, while
disre"ard for sex and a"e pertains to the
relationship to the victim &$ v. 4apa78
<arch 1, 1HGH)

B2 +$3# #$e "rime 'e "ommi##e in
#$e :e&&in6 of #$e oIene p3r#y2
1. 5*'.-( for a""ravatin" the
commission of the crime in one0s dwellin"J
a.The abuse of "onJen"e which the
offended part% reposed in the offender
b% openin" the door to him8 or
b.The violation of the %3n"#i#y of the home
b% trespassin" therein with violence or
a"ainst the will of the owner.
2. :*;,(,T,-(.
D:e&&in6 must be a buildin" or structure,
exclusivel% used for rest and comfort. ,t
includes dependencies, the foot of the
staircase and enclosure under the
house.
There must be (- provocation, in
order to consider this 'C. 1%
-RO.OCA+ION is meant, one
which is/
1.9iven b% the o:ner of the dwellin",
2.S!H"ien#, and
.Immei3#e to the commission of the
crime.
 ;or this circumstance to be
considered, it is (-T necessar% that
the accused should have actuall%
entered the dwellin" of the victim to
commit the offense. ,t is enou"h
that the victim was attacked inside
his own house, althou"h the
assailant ma% have devised means
to perpetrate the assault from
without.
DWELLING IS NO+ AGGRA.A+ING IN +,E
FOLLOWING CASES0
a. 3hen both offender and offended part%
are occupants of the same house, even if
the offended part% is a servant in the house.
 1?T in adulter%, it is still a""ravatin"
even if it was also the dwellin" of the
unfaithful wife, because of a ver% "rave
offense a"ainst the head of the house. 1?T
1
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
the rule is a"ain different if both the
unfaithful wife and the paramour were livin",
and had the ri"ht to live, in the same house
of the offended spouse.
b. ,n robber% b% use of force upon thin"s
onl%, because dwellin" is inherent.
c. ,n trespass to dwellin" because of same
reason.
d. 3hen the dwellin" does not actuall%
belon" to the offended part%. =-3*B*5,
some decided cases considered
“#empor3ry dwellin"” as when the offended
part% was &a) raped in her boardin" house8
&b) raped in their paternal home where the%
were sleepin" as "uests, etc. because the
5$C speaks of dwellin" and not domicile.

-ARAGRA-, =0 AB1SE OF
CONFIDENCE4 OR OB.IO1S
1NGRA+EF1LNESS
5*D?,.,T*./
1. That the offended part% had trusted the
offender.
2. That the offender abused such trust b%
committin" a crime a"ainst the offended
part%.
. That the abuse of confidence facilitated
the commission of the crime8 -5
!. That the act be committed with obvious
un"ratefulness.
 The confidence between the offender
and the offended part% must be immediate
and personal.
-ARAGRA-, G0 -LACES OF
COMMISSION
COM-ARISON OF -AR2 2 AND -AR2 G0
-AR2 20 CON+EM-+ OR
INS1L+ +O -1BLIC
A1+,ORI+IES
-AR2 G0 -LACE
W,ERE -1BLIC
A1+,ORI+IES ARE
ENGAGED IN +,E
DISC,ARGE OF
+,EIR D1+IES
12 $ublic
authorities are in
the perform3n"e
of their duties.
12 $ublic
authorities are in
the
perform3n"e of
their duties.
12 The public
authorities are
performin" their
duties o!#%ie of
their office.
12 The public
authorities, who
are in the
performance of
their duties, must
be in their office.
12 The public
authorit% should no#
be the offended
part%.
1. The public
authorit% ma% be
the oIene
part%.
 The place of the commission of the
felon% &par. E), if it is M3&3"3K3n6 palace or
a "$!r"$, is a""ravatin", re"ardless of
whether .tate or official or reli"ious
functions are bein" held. 1?T there is a
decided case to the effect that the offender
must have the intention to commit a crime
when he entered the place8 i.e. “she must
have murder in her heart” &$ v. Kauri"ue).
 The C$ief eAe"!#iEe need not be in
<alacanan" $alace. =is presence alone in
an% place where the crime is committed is
enou"h to constitute the a""ravatin"
circumstance, even if he is not en"a"ed in
the dischar"e of his duties in the place
where the crime is committed.
 ;or the o#$er p!'&i" 3!#$ori#ie%, the%
must be actuall% en"a"ed in the
performance of dut%.
-ARAGRA-, @0 NIG,++IME4
1NIN,ABI+ED -LACE4 OR BAND
(,9=TT,<*, ?(,(='1,T*: $4'C* -5 1'(:
,. '995'B'T,(9 >
1. 3hen it f3"i&i#3#e the commission of
the crime8 or
2. 3hen it was e%pe"i3&&y %o!6$# for b%
the offender to insure the commission of the
crime or for the purpose of impunit%8 or
. 3hen the offender #ooL 3E3n#36e
thereof for the purpose of impunit%.
:*;,(,T,-(./
1. MFor #$e p!rpo%e of imp!ni#yN
means to prevent his &accused0s) bein"
reco"ni7ed, or to secure himself a"ainst
detection and punishment.
2. MNi6$##imeN is the period of darkness
be"innin" at the end of dusk and endin" at
dawn. (i"httime b% and of itself is not
necessaril% a""ravatin". T*.T./ &1) the
commission of the crime must be"in and be
accomplished in the ni"httime8 &2) the
offense must be actuall% be committed in the
darkness of the ni"ht.
. MAn !nin$3'i#e p&3"eN is one where
there are no houses at all, a place at a
considerable distance from town, or where
the houses are scattered at a "reat distance
from each other. T*.T &-; ?(,(='1,T*:
$4'C*)/ 1ut whether or not the crime is
attended b% this a""ravatin" circumstance
1!
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
should be determined not b% the distance of
the nearest house from the scene of the
crime, but whether or not in the place of the
commission of the offense there was a
reasonable possibilit% of the victim receivin"
some help. T*.T &-; 3=*T=*5 -5 (-T
'995'B'T,(9)/
!. MBANDN --3henever more than three
armed malefactors shall have acted to"ether
in the commission of an offense it shall be
deemed to have been committed b% a band.
 “'cted to"ether”22 means ire"# p3r# in
the execution of the act constitutin" the
crime. =ence, if one of the four armed men
is a principal b% inducement onl%, the% do
not form a band, because a principal b%
inducement connotes that he has no direct
participation in the perpetration thereof.
 1'(: ,. '995'B'T,(9 ,(/ &a) crimes
a"ainst proper#y &except in bri"anda"e,
because it is inherent)8 &b) crimes a"ainst
per%on% &note rape, which is alread% a
crime a"ainst persons), &c) ille"al detention,
and8 &d) treason.

-ARAGRA-, B0 ON OCCASION OF
CALAMI+Y OR MISFOR+1NE
 T=* 5*'.-( for the existence of this
circumstance is found in the debased form
of criminalit% met in one who, in the midst of
a "reat calamit%, instead of lendin" aid to the
afflicted, adds to their "reat sufferin" b%
#3Lin6 3E3n#36e of their misfortune to
despoil them.
-ARAGRA-, C0 AID OF ARMED MEN,
E+C2
5*D?,.,T*./
1. That armed men or persons took p3r# in
the commission of the crime, ire"#&y or
inire"#&y.
2. That the accused 3E3i&e himself of
their aid or re&ie upon them when the
crime was committed.
*xceptions/
1. This a""ravatin" circumstance shall not
be considered when both the attackin" part%
and the part% attacked were e9!3&&y
3rme.
2. This a""ravatin" circumstance is not
present when the accused as well as those
who cooperated with him in the commission
of the crime acted under the same plan and
for the %3me p!rpo%e.
DIS+INC+IONS0
BE+WEEN -AR C >MWI+, AID OF
ARMED MENN? AND -AR2 @ >MBY A
BANDN?
 1% a band requires that more #$3n
#$ree armed malefactors shall have 3"#e
#o6e#$er in the commission of an offense.
'id of armed men is present even if one of
the offenders merel% relied on their aid, for
actual aid is not necessar%.
-ARAGRA-, D0 RECIDI.IS+
:*;,(,T,-(/
Re"iiEi%# is one who, at the #ime of $i% #ri3&
for one crime, shall have been preEio!%&y
"onEi"#e b% final #ud"ment of another crime
embraced in the %3me #i#&e of the 5evised
$enal Code.
5*D?,.,T*./
C-:*/ &Tri$. C-(B,CT*:)
1. That the offender is on #ri3& for an
offense8
2. That he was preEio!%&y convicted b%
final #ud"ment of another crime8
. That both the first and the second
offenses are embraced in the %3me title of
the Code8
!. That the offender is "onEi"#e of #$e
ne: offense.
 There is no recidivism if the subsequent
conviction is for an offense committed
before the offense involved in the prior
conviction.
 3hen one offense is punishable b% an
ordinance or special law and the other b%
the 5evised $enal Code, recidivism cannot
be applied8 the two offenses are not
embraced in the same title of the Code.
 5ecidivism must be taken into account
as an a""ravatin" circumstance no matter
how man% %ears have intervened between
the first and second felonies.
-ARAGRA-, 100 REI+ERACION OR
,ABI+1ALI+Y
5*D?,.,T*./
C-:*/ &Tri$4* C-(B,CT*:)
1. That the accused is on #ri3& for an
offense8
2. That he preEio!%&y %erEe %en#en"e
for another offense to which the law
attaches an e9!3& or "reater penalt%, or for
two or more crimes to which it attaches
1E
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
&i6$#er penalt% than that for the new
offense.
. That he is "onEi"#e of #$e ne:
oIen%e.
DIS+INC+IONS
RECIDI.ISM REI+ERACION
1. ,t is enou"h
that a Jn3&
8!6men# has
been rendered in
the first offense.

1. ,t is
necessar% that
the offender
shall have
%erEe out his
sentence for the
first offense
1. 5ecidivism
requires that the
offenses be
included in the
%3me #i#&e of the
Code.
1. The
previous and
subsequent
offenses must
NO+ be
embraced in the
same title of the
Code
1. ,t is 3&:3y% to
be taken into
consideration in
fixin" the penalt% to
be imposed upon
the accused.
1. ,t is NO+
alwa%s an
a""ravatin"
circumstance
FO1R FORMS OF RE-E+I+ION
1. 5ecidivism &$ar. H, 'rt. 1!)
2. 5eiteracion or habitualit% &$ar. 1C, 'rt.
1!)
. <ulti2recidivism or habitual delinquenc%
&'rt. 62, $ar. E)
!. Duasi25ecidivism &'rt. 16C)
-ARAGRA-, 110 -RICE, REWARD, OR
-ROMISE
1. 3hen this a""ravatin" circumstance is
present, there must be #:o or more
principals8 the one who "ives or offers
the price or promise and the one who
accepts it.
2. The evidence must show that one of the
accused used mone% or other valuable
consideration for the purpose of
in!"in6 another to perform the deed.
-ARAGRA-, 120 BY MEANS OF
IN1NDA+ION, FIRE, E+C2
 'n% of the circumstances in para"raph
12 cannot be considered to increase the
penalt% or to chan"e the nature of the
offense unless used b% the offender as a
me3n% to accomplish a criminal purpose.
-ARAGRA-, 1;0 E.IDEN+
-REMEDI+A+ION
*..*(C*/
The essence of premeditation is that the
execution of the criminal act must be preceded
b% "oo& #$o!6$# and reflection upon the
resolution to carr% out the criminal intent durin"
the space of time sufficient to arrive at a calm
#ud"ment.
5*D?,.,T*./
1. The #ime when the offender determined
to commit the crime8
2. 'n act manifestl% indicatin" that the
culprit has "&!n6 #o $i% e#ermin3#ion8
and
. ' sufficient &3p%e of #ime between the
determination and execution, to allow him to
reflect upon the consequences of his act
and to allow his conscience to overcome the
resolution of his will.
 C-(.$,5'CA 9*(*5'44A
$5*.?$$-.*. $5*<*:,T'T,-(,
*+C*$T,-(/ 1ut when conspirac% is onl%
imp&ie, the evident premeditation ma% not
be appreciated from the mere conspirac%.
-ARAGRA-, 1=0 CRAF+, FRA1D, OR
DISG1ISE
:*;,(,T,-(./
1. Cr3f# involves the use of in#e&&e"#!3&
#ri"Lery or cunnin" on the part of the
accused.
2. Fr3! involves the use of in%iio!%
:or% 3n m3"$in3#ion, used to
induce the victim to act in a manner,
which would enable the offender to carr%
out his desi"n.
. Di%6!i%e involves resort to an% device
in order to "on"e3& ien#i#y.
CRAF+ DIS+ING1IS,ED FROM FRA1D
3hen there is a ire"# in!"emen# b%
insidious words or machinations, fraud is
present8 otherwise, the act of the accused done
in order no# #o 3ro!%e #$e %!%pi"ion of the
victim constitutes craft.
-ARAGRA-, 1G0 S1-ERIOR S+RENG,+4
OR MEANS +O WEA)EN DEFENSE
1. S!perior S#ren6#$22 To take advanta"e
of superior stren"th means to use
p!rpo%e&y, eA"e%%iEe for"e out of
proportion to the means of defense available
to the person attacked.
16
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
 The a""ravatin" circumstance of abuse
of superior stren"th depends on the a"e,
si7e, and stren"th of the parties.
 T*.T/ ,t is considered whenever there is
a no#orio!% ine9!3&i#y of for"e% between
the victim and a""ressor, assessin" a
superiorit% of stren"th notoriousl%
advanta"eous for the a""ressor, which is
selected or taken advanta"e of b% him in the
commission of the crime.
2. Me3n% #o :e3Len #$e efen%e22 The
offender emplo%s means to m3#eri3&&y
:e3Len #$e re%i%#in6 po:er of the
offended part%.
-ARAGRA-, 1@0 +REAC,ERY
<*'(,(9 -; T5*'C=*5A/
1. +$ere i% #re3"$ery when the offender
commits an% of the crimes a"ainst the
per%on, emplo%in" me3n%, methods or
forms in the execution thereof which tend
directl% and speciall% to insure its
eAe"!#ion, without ri%L to himself arisin"
from the defense which the offended part%
mi"ht make.
 The characteristic and unmistakable
manifestation of treacher% is the
e&i'er3#e, %!en 3n !neApe"#e
attack of the victim, without an% warnin",
and without "ivin" him an opportunit% to
defend himself, or repel the initial assault.
2. Treacher% means that the offended
part% was no# 6iEen oppor#!ni#y to make
a defense.
 Iillin" a child is characteri7ed b%
treacher%, because the weakness of the
victim due to his tender a"e results in the
absence of an% dan"er to the accused.
.-<* 5?4*. -( T5*'C=*5A/
C-:*/ &$2,CT'()
1. 'pplicable onl% to crimes a"ainst the
per%on%
2. <eans, methods, or forms need no#
in%!re accomplishment of crime.
. The mode of attack must be
"on%"io!%&y adopted.
!. <ust be present at the proper #ime.
.?<<'5A -; T=* 5?4*. -( 3=*(
T5*'C=*5A <?.T 1* $5*.*(T/
a) 3hen the a""ression is continuous,
treacher% must be present in the
'e6innin6 of the assault8
b) 3hen the assault was not
continuous in that there was an
interruption, it is sufficient that
treacher% was present at the
moment the f3#3& '&o: was "iven.
E. Treacher% 3'%or'% abuse of %!perior
stren"th, aid of 3rme men, b% a '3n
and means to :e3Len the defense.
6. Ni6$##ime forms part, of the peculiar
treacherous means and manner adopted to
insure the execution of the crime.
&(ote/ there is need to establish the manner b%
which offender attacked the victim. There is no
presumption of a""ravatin" circumstance, more
so if qualif%in")
-ARAGRA-, 1B0 IGNOMINY
:*;,(,T,-(./
1. I6nominyLa circumstance pertainin"
to the moral order, which 3% i%6r3"e
3n o'&o9!y to the material in#ur% caused
b% the crime.
2. ,t must tend to make the effects of the
crime more $!mi&i3#in6 or to put the
offended part% to shame.
3=*5* '$$4,C'14*/
This a""ravatin" circumstance is applicable to
&a) crimes a"ainst chastit%, &b) less serious
ph%sical in#uries, &c) li"ht or "rave coercion, &d)
and murder.
-ARAGRA-, 1C0 1NLAWF1L EN+RY
 +$ere i% !n&3:f!& en#ry when an
en#r3n"e is effected b% a wa% no#
in#ene for the purpose. ,t must be a
means to effect entrance and not for
escape.
-ARAGRA-, 1D0 BY BREA)ING WALL,
E+C2
 To be considered as an a""ravatin"
circumstance, breakin" the door must be
utili7ed as a me3n% to the commission of
the crime.
-ARAGRA-, 200 AID OF MINOR
>1NDER 1G YEARS?4 OR BY MEANS OF
MO+OR .E,ICLES, E+C2
T3- :,;;*5*(T C,5C?<.T'(C*. '5*
95-?$*: ,( T=,. $'5'95'$=.
The first one tends to repress the frequent
practice resorted to b% professional criminals to
avail themselves of minors takin" advanta"e of
their irre%pon%i'i&i#y8 while the second one is
intended to counteract the 6re3# f3"i&i#ie%
found b% modern criminals in said means to
commit crime, and then flee and abscond once
the same is committed.
-ARAGRA-, 210 CR1EL+Y
*..*(C*/
T=*5* ,. C5?*4TA when the culprit en#o%s
and e&i6$#% in makin" his victim suffer slowl%
1F
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
and 6r3!3&&y, causin" him unnecessar%
ph%sical pain in the consummation of the
criminal act.
5*D?,.,T*./
1. That the in#ur% caused be e&i'er3#e&y
in"re3%e b% causin" other wron"8
2. That the other wron" be !nne"e%%3ry
for the execution of the purpose of the
offender.
 ;or cruelt% to be a""ravatin", it is
essential that the wron" done was intended
to pro&on6 the sufferin" of the victim,
causin" him unnecessar% moral and
ph%sical pain.
 ,"nomin% &par. 1F) involves mor3&
sufferin", while cruelt% &par. 21) refers to
p$y%i"3& sufferin".
AR+2 1G AL+ERNA+I.E
CIRC1MS+ANCES
:*;,(,T,-(/
A&#ern3#iEe "ir"!m%#3n"e% are those, which
must be taken into consideration as a""ravatin"
or miti"atin", accordin" to the n3#!re and
effects of the crime and the other conditions
attendin" its commission.
T=* '4T*5('T,B* C,5C?<.T'(C*. '5*/
1. 5elationship
2. ,ntoxication
. De6ree of in%#r!"#ion and e!"3#ion of
the offender
12 RELA+IONS,I---
The alternative circumstance of relationship
shall be taken into consideration when the
oIene p3r#y i% the >
C-:*/ &.':1')
1. spouse
2. ascendant
. descendant
!. le"itimate, natural or adopted 'ro#$er
or sister, or relative b% 3Hni#y in the same
de"ree, of the offender.
 The relationship of stepfather or
stepmother and stepson or stepdau"hter is
in"&!e b% analo"% to that of ascendant
and descendant.
3=*( <,T,9'T,(9
'(: 3=*( '995'B'T,(9/
The law is silent as to when miti"atin" and when
a""ravatin".
1. <,T,9'T,(9/ 's a rule, relationship is
miti"atin" in "rime% 363in%# proper#y, b%
analo"% to 'rt. 2 re"ardin" “$ersons
exempt from criminal liabilit%”. -; C-?5.*
in view of 'rt. 2, when the crime
committed is/ &a) theft, &b) estafa, or &c)
malicious mischief, relationship is
eAemp#in6, and not merel% miti"atin".
2. '995'B'T,(9. ,t is a""ravatin" in
"rime% 363in%# per%on% in cases where
the offended is a relative of a $i6$er de"ree
than the offender, or when the offender and
the offended part% are relatives of the %3me
level, such killin" a brother2in2law, a half2
brother, or an adopted brother.
 ,n "rime% 363in%# "$3%#i#y,
relationship is alwa%s a""ravatin",
re"ardless of whether the offender is a
relative of a hi"her or lower de"ree of the
offended part%.
 =owever, relationship is neither
miti"atin" nor a""ravatin", when
relationship is an e&emen# of the offense.
22 IN+O/ICA+ION--
1% state of intoxication is meant that the
offender0s men#3& f3"!&#ie% must be affected
b% drunkenness.
3=*( <,T,9'T,(9
'(: 3=*( '995'B'T,(9/
1. Mi#i63#in6, if intoxication is &1) not
habitual, or 2) not subsequent to the plan to
commit a felon%. &=e is not alread%
conscious of his doin") consider the effect
2. A66r3E3#in6 if intoxication is 1)
habitual, or 2) if it is intentional &subsequent
to the plan to commit a felon%).
;2 DEGREE OF INS+R1C+ION AND
ED1CA+ION OF +,E OFFENDER--
 Lo: e6ree of instruction and
education or lack of it is "enerall% miti"atin".
=i"h de"ree of instruction and education is
a""ravatin", when the offender 3E3i&e
himself of his learnin" in committin" the
crime.
 4ack of instruction or low de"ree of it, is
appreciated as miti"atin" circumstance in
almost all crimes. *+C*$T in crimes, which
are in$eren#&y :ron6, of which ever%
rational bein" is endowed to know and feel.
AR+2 1@2 -ERSONS W,O ARE
CRIMINALLY LIABLE
1G
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
GRA.E AND LESS GRA.E FELONIES0
1. $rincipals
2. 'ccomplices
. 'ccessories
LIG,+ FELONIES0
1. $rincipals
2. 'ccomplices
 The treble division of persons criminall%
liable rests upon the ver% nature of their
participation.
 The classification of the offenders as
principal, accomplice, or an accessor% is
true onl% under the 5$C but not in the
special laws because the penalties under
the latter are never "raduated
R1LES RELA+I.E +O LIG,+ FELONIES
1. $unishable onl% when the% have been
consummated. *+C*$T when committed
a"ainst persons or propert%, in which case
the% are also punishable even if the% were
onl% in the attempted or frustrated sta"e.
2. There are no accessories even if the%
are committed a"ainst persons or propert%.
+WO -AR+IES IN ALL CRIMES
1. 'CT,B* sub#ect &the criminal)
. $'..,B* sub#ect &the in#ured part%)
's a rule, onl% n3#!r3& per%on% can be the
active sub#ects of a crime because the 5$C
requires that the culprit should have acted with
personal malice or ne"li"ence. ' #uridical
person cannot act with malice or ne"li"ence.
AR+2 1B2 -RINCI-ALS
)INDS OF -RINCI-ALS
1. $5,(C,$'4 1A :,5*CT
$'5T,C,$'T,-( 2 per%on3&&y #3Le% p3r#
in #$e eAe"!#ion of the act constitutin" the
crime
5*D?,.,T*./
1. That the% participated in the criminal
re%o&!#ion
2. That the% carried out their plan and
per%on3&&y #ooL p3r# in i#%
eAe"!#ion b% acts which directl%
tended to the same end
2. $5,(C,$'4 1A ,(:?CT,-( 2 the
principal b% induction becomes liable onl%
when the principal b% direct participation
committed the act induced.
T3- 3'A. -; 1*C-<,(9 ' $5,(C,$'4
1A ,(:?CT,-(/
1. directl% forcin" another to commit a
crime, or
2. directl% inducin" another to commit a
crime
+:o :3y% of ire"#&y for"in6
3no#$er #o "ommi# 3 "rime0
1. b% usin" irresistible force
2. b% causin" uncontrollable fear
+:o :3y% of ire"#&y in!"in6
3no#$er #o "ommi# 3 "rime0
1.b% "ivin" price, or offerin" reward or
promise
2.b% usin" words of command
5*D?,.,T*. &$rincipal b% inducement,
throu"h "ivin" price, etc)/ ,n order that a
person ma%be convicted as a principal
b% inducement, the followin" requisites
must be present222
1. that the inducement be made
ire"#&y :i#$ #$e in#en#ion of
procurin" the commission of the
crime8 and
2. that such inducement be the
e#erminin6 "3!%e of the
commission of the crime b% the
material executor
5*D?,.,T*. &$rincipal b% inducement,
throu"h words of command)/ ,n order
that a person usin" words of command
ma%be held liable, the followin"
requisites must be present222
1. that the one utterin" the words of
command must have the in#en#ion
of procurin" the commission of the
crime
2. that the one who made the
command must have an
3%"en3n"y or inO!en"e over the
person who acted
. that the words used must be so
direct, so eH"3"io!%, so powerful
as to amount to ph%sical or moral
coercion
!. the words of command must be
uttered prior to the commission of
the crime
E. the material executor of the crime
1H
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
has no per%on3& re3%on #o
"ommi# the crime
DIS+INC+IONS
-rin"ip3& 'y
In!"emen#
OIener :$o
m3e -ropo%3& #o
Commi# 3 Fe&ony
1. There is an
in!"ement to
commit a crime
1. There is an
in!"emen# to
commit a crime
1. 1ecomes
liable onl% when
the crime is
"ommi##e b%
the principal b%
direct participation
2. The mere
propo%3& to
commit a felon%
is punishable in
treason or
rebellion8 the
person to whom
the proposal is
made should
not "ommi# the
crime,
otherwise, the
proponent
becomes a
principal b%
inducement
3. ,nducement
involves 3ny
crime.
1. The
proposal must
involve onl%
#re3%on or
re'e&&ion
EFFEC+ OF AC<1I++AL OF ONE OF +,E
CO-CONS-IRA+ORS +O +,E O+,ER
CO-CONS-IRA+ORS0
's a rule, the acquittal of one of the co2
conspirators redounds to the benefit of the other
co2conspirators *+C*$T when the acquittal is
due to circumstances personal to the accused,
like exemptin" circumstances
12 -RINCI-ALS BY INDIS-ENSABLE
COO-ERA+ION
5*D?,.,T*./
1. participation in the "rimin3& re%o&!#ion,
that is, there is either anterior
conspirac% or unit% of criminal purpose
and intention immediatel% before the
commission of the crime char"ed8 and
2. "ooper3#ion in the commission of the
offense b% performin" another act,
without which it would not have been
accomplished
COLLEC+I.E CRIMINAL
RES-ONSIBILI+Y
There is collective criminal responsibilit% when
the offenders are criminall% liable in the same
m3nner and to the same eA#en#. The pen3&#y
to be imposed must be the same for all.
INDI.ID1AL CRIMINAL RES-ONSIBILI+Y
,n the 3'%en"e of previous conspirac%, unit% of
criminal purpose, and intention, immediatel%
before the commission of the crime, or
"omm!ni#y of "rimin3& e%i6n, the criminal
responsibilit% arisin" from iIeren# 3"#%
directed a"ainst one and the same person is
individual and not collective, and each of the
participants is liable onl% for the 3"# "ommi##e
'y $im
AR+2 IC2 ACCOM-LICES
5*D?,.,T*./
C-:*/
&C-<<?(,TA C--$*5'T*.
previous suppl% 5*4'T,-()
1. That there be "omm!ni#y of e%i6n8
that is, knowin" the criminal desi"n of the
principal b% direct participation, he concurs
with the latter in his purpose8
2. That he "ooper3#e% in the execution of
the offense b% preEio!% or %im!&#3neo!%
3"#%, with the intention of %!pp&yin6
m3#eri3& or mor3& 3i in the execution of
the crime in an efficacious wa%8 and
. That there be a re&3#ion between the
acts done b% the principal and those
attributed to the person char"ed as
accomplice.
 The complicit%, which is penali7ed,
requires a "er#3in e6ree of "ooper3#ion
whether moral, throu"h advice,
encoura"ement, or a"reement, or material,
throu"h external acts.
 The responsibilit% of the accomplice is to
be determined b% acts of aid and assistance,
either prior to or simultaneous with the
commission of the crime, rendered
knowin"l% for the principal therein, and no#
'y #$e mere f3"# of $3Ein6 'een
pre%en# at its execution.
AR+2 1D2 ACCESSORIES
1. 'n accessor% must have Lno:&e6e of
#$e "ommi%%ion of the crime and havin"
knowled"e he #ooL p3r# %!'%e9!en# to its
commission
2C
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
2. To convict an accessor%, the crime
committed b% the principal must be proEe
be%ond reasonable doubt
.$*C,;,C 'CT. -; 'CC*..-5,*./
&C-:*/ $5-;,T, C-(C*'4, ='51-5)
1. 1% proJ#in6 themselves or assistin"
the offender to profit b% the effects of the
crime
2. 1% "on"e3&in6 or destro%in" the bod%
of the crime to prevent its discover%
. 1% $3r'orin6, concealin" or assistin"
in the escape of the principal of the crime
2 C4'..*. -; 'CC*..-5,*. '5*
C-(T*<$4'T*: ,( $'5. -; '5T. 1H
&i.e., ='51-5,(9, etc)/
( -!'&i" oH"er% who harbor, conceal or
assist in the escape of the principal of
an% crime &not li"ht felon%) with 3'!%e
of his functions
&a) -riE3#e per%on% who harbor, conceal
or assist in the escape of the author of
the crime > "uilt% of #re3%on, parricide,
murder, or an attempt a"ainst the life of
the $resident, or who is known to be
habituall% "uilt% of some other crime
 The accomplice and the accessor% ma%
be tried and convicted even before the
principal is found "uilt%.
 The liabilit% of the accused will depend
on the quantum of evidence adduced b%
the prosecution a"ainst the particular
accused.
ACCESSORY DIS+ING1IS,ED FROM
-RINCI-AL AND FROM ACCOM-LICE
1. The accessor% does no# #3Le p3r# or
"ooper3#e in, or in!"e, the commission
of the crime.
2. The accessor% oe% no# "ooper3#e in
the commission of the offense b% acts prior
thereto or simultaneous therewith.
. The participation of the accessor% in all
cases alwa%s takes place 3f#er the
commission of the crime

AR+2 202 ACCESSORIES W,O ARE
E/EM-+ FROM CRIMINAL LIABILI+Y
.,T?'T,-(. 3=*5* 'CC*..-5,*. '5*
(-T C5,<,('44A 4,'14*/
1. 3hen the felon% committed is a &i6$#
fe&ony8 and
2. 3hen the accessor% is re&3#e to the
principal as spouse, or as an ascendant, or
descendant or as a brother or sister,
whether le"itimate, natural, or adopted, or
where the accessor% is a relative b% affinit%
within the same de"ree, unless the
accessor% himself proJ#e from the effects
or proceeds of the crime or assisted the
offender to profit thereon.
-ENAL+IES
:*;,(,T,-(/
-en3&#y is the sufferin" that is inflicted b% the
.tate, for the trans"ression of a law8 in its
"eneral sense, it si"nifies pain.
:ifferent #uridical conditions of penalt%/
1. productive of sufferin", without however
affectin" the inte"rit% of the human
personalit%
2. commensurate with the offense >
different crimes must be punished with
different penalties
. personal > no one should be punished
for the crime of another
!. le"al > it is the consequence of a
#ud"ment accordin" to law
E. certain > no one ma% escape its effects
6. equal for all
F. correctional
Theories #ustif%in" penalt%/
1. .elf2defense > the .tate has a ri"ht to
p!ni%$ the criminal as a measure of self2
defense, so as to protect societ% from the
threat and wron" inflicted b% the criminal
2. 5eformation > the ob#ect of punishment
in criminal cases is to "orre"# and reform
the offender
. *xemplarit% > the criminal is punished to
serve as an example to e#er others from
committin" crimes
!. Kustice > that crime must be punished
b% the .tate as an act of retributive #ustice, a
Eini"3#ion of absolute ri"ht and moral law
violated b% the criminal
+,REE-FOLD -1R-OSE OF +,E
-ENAL+Y 1NDER +,E R-C0
1. Re#ri'!#ion or expiation > the penalt%
is commensurate with the "ravit% of the
offense
2. Corre"#ion or reformation2 as shown b%
the rules which re"ulate the execution of the
penalties consistin" in deprivation of libert%
. So"i3& defense > shown b% its inflexible
severit% to recidivists and habitual
21
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
delinquents
AR+2 222 RE+ROAC+I.E EFFEC+ OF
-ENAL LAWS
9*(*5'4 5?4* ,. T- 9,B* C5,<,('4 4'3.
$5-.$*CT,B* *;;*CT. *+C*$T,-( > when
favorable to the accused who is not a habitual
criminal
'( *+ $-.T ;'CT- 4'3 ,. '(A -(*
3=,C=/
C-:*/ &C'$* Civil $rotection)
1. makes "rimin3& an act done before the
passa"e of the law, and which was innocent
when done, and punishes such an act8
2. 366r3E3#e% a crime, or makes it
"reater than it was, when committed8
. chan"es the p!ni%$men# and inflicts a
"reater punishment than the law annexed to
the crime when committed8
!. alters the le"al rules of eEien"e, and
authori7es conviction upon less or different
testimon% that the law required at the time of
the commission of the offense8
E. assumin" to re"ulate "iEi& ri6$#% and
remedies onl%, in effect imposes penalt% or
deprivation of a ri"ht for somethin" which
when done was lawful8 and
6. deprives a person accused of a crime of
some lawful pro#e"#ion to which he has
become entitled, such as the protection of a
former conviction or acquittal, or a
proclamation of amnest%
AR+2 2;2 EFFEC+ OF -ARDON BY
+,E OFFENDED -AR+Y
's a rule, a pardon b% the offended part% does
not extin"uish "rimin3& 3"#ion, except as
provided under 'rt. !! of 5$C.
Two classes of in#uries caused b% an offense/
1. .ocial in#ur%, produced b% the
disturbance and alarm, which are the
outcome of the offense. This is repaired
throu"h the imposition of the correspondin"
penalt%. The .tate has an interest in this
class of in#ur% so the offended part% cannot
pardon the offender so as to relieve him of
the penalt%.
2. $ersonal in#ur%, caused to the victim of
the crime, who suffered dama"e either to his
person, to his propert%, to his honor, or to
her chastit%. This is repaired throu"h
indemnit%, which is civil in nature. The
offended part% ma% waive it and the state
has no reason to insist on its pa%ment.
AR+2 2=2 MEAS1RES OF
-RE.EN+ION OR SAFE+Y W,IC,
ARE NO+ CONSIDERED -ENAL+IES
+,E FOLLOWING ARE NO+
CONSIDERED -ENAL+IES0
1. The arrest and #empor3ry e#en#ion
of accused persons, as well as their
detention b% reason of insanit% or imbecilit%
or illness requirin" their "onJnemen# in a
hospital8
2. The "ommi#men# of a minor to an% of
the institutions mentioned in 'rt. GC &now
$:6C) for the purposes specified therein8
. S!%pen%ion from the emplo%ment or
public office durin" the trial or in order to
institute proceedin"s8
!. Fine% 3n o#$er "orre"#iEe
me3%!re% which, in the exercise of their
administrative i%"ip&in3ry po:er%,
superior officials ma% impose upon their
subordinates8 and
E. DepriE3#ion of ri6$#% 3n
rep3r3#ion% which the civil laws ma%
establish in penal form.
AR+2 2G2 -ENAL+IES W,IC, MAY BE
IM-OSED
CLASSIFICA+ION OF -ENAL+IES0
1. $rincipal penalties > those eApre%%&y
imposed b% the court in the #ud"ment of
conviction
2. 'ccessor% penalties > those that are
eeme in"&!e in the imposition of the
principal penalties
This article classifies pen3&#ie% accordin" to
their "ravit%/
1. Capital
2. 'fflictive
3. Correctional
4. 4i"ht
This corresponds to the classification of
fe&onie% accordin" to their "ravit% under 'rt. H/
1. 9rave
2. 4ess "rave
22
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
. 4i"ht
AR+2 2D2 -ERIOD OF -RE.EN+I.E
IM-RISONMEN+ DED1C+ED FROM
+ERM OF IM-RISONMEN+
OFFENDERS NO+ EN+I+LED +O +,E
F1LL +IME OR FO1R-FIF+,S OF +,E
+IME OF -RE.EN+I.E IM-RISONMEN+0
1. Re"iiEi%#% or those convicted
previousl% twice or more times of an% crime.
 ' $3'i#!3& e&in9!en# is not entitled to
the full time or !ME of the time of preventive
imprisonment, because a habitual
delinquent is necessaril% a recidivist or that
at least he has been “convicted previousl%
twice or more times of an% crime.”
2. Those who upon bein" %!mmone for
the execution of their sentence, f3i&e to
surrender voluntaril%
 (ote that para"raph (o. 2 does not
refer to failure to surrender voluntaril% after
commission of the crime. ,t sa%s/ “when
upon bein" summoned for the execution of
their sentence”.
AR+2 ;@2 -ARDON4 I+S EFFEC+S
EFFEC+S OF -ARDON BY +,E
-RESIDEN+
1. ' pardon shall no# re%#ore the ri"ht to
hold public office or the ri"ht of suffra"e.
*+C*$T8 when an% or both such ri"hts is or
are expressl% restored b% the terms of the
pardon.
2. ,t shall no# eAemp# the culprit from the
pa%ment of the civil indemnit%.
LIMI+A+IONS 1-ON +,E E/ERCISE OF
+,E -ARDONING -OWER
1. That the power can be exercised onl%
3f#er "onEi"#ion
2. That such power does not extend to
cases of impe3"$men#
DIS+INC+IONS
C-:*/ &*$'')
-3ron 'y #$e
C$ief EAe"!#iEe
-3ron 'y #$e
OIene -3r#y
1. EA#in6!i%$e%
the criminal
liabilit% of the
offender
1. :oes NO+
extin"uish the
criminal liabilit%
of the offender
1. Cannot
include civil
liabilit% which the
offender must
p3y
1. -ffended
part% can :3iEe
the civil liabilit%
which the
offender must
pa%
1. 9ranted onl%
AF+ER
CON.IC+ION,
and ma% be
extended to 3ny
of the offenders
1. $ardon
should be "iven
BEFORE +,E
INS+I+1+ION
of criminal
prosecution,
and must
extend to 'o#$
offenders
AR+2 ;B2 COS+S * W,A+ ARE
INCL1DED
The followin" are included in costs/
1. ;ees, and
2. ,ndemnities, in the course of #udicial
proceedin"s
AR+2 ;C2 -EC1NIARY LIABILI+IES *
ORDER OF -AYMEN+
The pecuniar% liabilities of persons criminall%
liable are the followin"/
1. The rep3r3#ion of the dama"e caused.
2. InemniJ"3#ion of the consequential
dama"es.
. Fine.
!. Co%#% of proceedin"s.
3=*( ,. '5T,C4* G '$$4,C'14*J
,n case the propert% of the offender should not
be sufficient for the pa%ment of 3&& his pecuniar%
liabilities, the order of pa%ment is provided in this
article.
AR+2 ;D2 S1BSIDIARY -ENAL+Y
1. A %!'%ii3ry pen3&#y is a subsidiar%
personal liabilit% to be suffered b% the
convict who has no propert% with which to
meet the Jne.
2. There is no subsidiar% penalt% for non2
pa%ment of dama"es to the offended part%.
2
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
AR+2 =G2 CONFISCA+ION AND
FORFEI+1RE OF +,E -ROCEEDS OR
INS+R1MEN+S OF +,E CRIME
-?T4,(* -; T=* $5-B,.,-( -; T=,.
'5T,C4*/
1. *ver% penalt% imposed carries with it the
forfei#!re of the proceeds of the crime and
the instruments or tools used in the
commission of the crime
2. The proceeds and instruments or tools
of the crime are confiscated and forfeited in
favor of the GoEernmen#
. $ropert% of a #$ir per%on :$o i% no#
&i3'&e for the offense, is not sub#ect to
confiscation and forfeiture
!. $ropert% not sub#ect of lawful commerce
&whether it belon"s to the accused or to a
third person) shall be e%#roye
A--LICA+ION OF -ENAL+IES
AR+2 =@2 -ENAL+Y +O BE IM-OSED
1-ON -RINCI-ALS IN GENERAL
1. 9eneral rule/ The penalt% prescribed b%
law in 6ener3& #erm% shall be imposed
upon the prin"ip3&% for a "on%!mm3#e
felon%.
2. *xcept/ 3hen the penalt% to be imposed
upon the principal in frustrated or attempted
felon% is fixed b% law.
GRAD1A+ION OF -ENAL+IES0
1. 1A :*95**.> refers to &1) the %#36e%
of eAe"!#ion &consummated, frustrated, or
attempted)8 and &2) the e6ree of #$e
"rimin3& p3r#i"ip3#ion of the offender
&whether as principal, accomplice, or
accessor%).
2. 1A $*5,-:.> refers to the proper
period of the penalt% which should be
imposed when 366r3E3#in6 or mi#i63#in6
circumstances attend the commission of the
crime
AR+2 =B2 IN W,A+ CASES +,E
DEA+, -ENAL+ Y S,ALL NO+ BE
IM-OSED
DEA+, -ENAL+Y IS NO+ IM-OSED IN
+,E FOLLOWING CASES
1. ?(:*5 '9*. 3hen the offender is
'e&o: 1C %ears of a"e at the time of the
"ommi%%ion of the crime.
2. -B*5 '9*. 3hen the "uilt% person is
more #$3n %eEen#y &FC) %ears of a"e
. (- C-?5T <'K-5,TA. 3hen upon
appeal or automatic review of the case b%
the .upreme Court, the vote of ei"ht
members is no# o'#3ine for the imposition
of the death penalt%.
CRIMES -1NIS,ABLE BY DEA+, 1NDER
RA B@GD
C-:*/
&<?5:*5 C'5('$$,(9 T5,$$ DD: $'5I)
1. <urder
2. Carnappin"
. Treason
!. 5ape
E. ,nfanticide
6. $lunder
F. $arricide
G. Dualified $irac%
H. Dualified 1riber%
1C. Biolation of Certain provisions of the
:an"erous :ru"s 'ct
11. $irac% in "eneral and <utin% on the
=i"h .eas or in the $hilippines 3aters
12. De%#r!"#iEe 'rson
1. 5obber% with Biolation '"ainst or
,ntimidation of $ersons
1!. Iidnappin" and .erious ,lle"al
:etention
AR+2 =C2 COM-LE/ CRIMES
C-(C*$T/
1. ,n complex crime, althou"h two or more
crimes are actuall% committed, the%
constitute onl% one "rime in the e%es of the
law as well as in the conscience of the
offender.
2. The offender have onl% one criminal
intent, hence there is onl% one pen3&#y
imposed for the commission of a complex
crime
+WO )INDS OF COM-LE/ CRIMES0
1. C-<$-?(: C5,<*L a sin"le act
constitutes two or more "rave or less "rave
felonies.
5*D?,.,T*./
1. That onl% a %in6&e 3"# is performed
b% the offender8
2. That the sin"le act pro!"e%/ &1)
#:o or more "rave felonies, or &2)
one or more "rave and one or
2!
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
more less "rave felonies, or &) #:o
or more less "rave felonies.
2. C-<$4*+ C5,<* $5-$*5L an
offense is a ne"e%%3ry me3n% for
committin" the other.
5*D?,.,T*./
1. That at least #:o offenses are
committed8
2. That one or some of the offenses
must be ne"e%%3ry to commit the
other8
. That both or all of the offenses must
be punished under the %3me
%#3#!#e.
NO COM-LE/ CRIME IN +,E
FOLLOWING CASES
C-:*/ &CC,.)
1. ,n case of a "on#in!e "rime
2. 3hen one offense is committed to
"on"e3& the other.
. 3hen the other crime is an
ini%pen%3'&e part or an e&emen# of the
other offense.
!. 3here one of the offenses is penali7ed
b% a %pe"i3& &3:
-L1RALI+Y OF CRIMES
:*;,(,T,-(/
-&!r3&i#y of Crime%-- consists in the
%!""e%%iEe execution, b% the %3me
iniEi!3&, of different "rimin3& 3"#%, upon an%
of which no "onEi"#ion has %et been declared
I,(:./
1. ;-5<'4 -5 ,:*'4 $4?5'4,TA>
onl% ONE CRIMINAL LIABILI+Y.
T=5** 95-?$.
?(:*5 T=* ;-5<'4 TA$*/
a. 3hen the offender commits an% of
the "omp&eA "rime% in 'rt. !G.
b. 3hen the &3: specificall% fixes a
sin"le penalt% for two or more
offenses committed.
c. 3hen the offender commits
"on#in!e "rime%
2. 5*'4 -5 <'T*5,'4 $4?5'4,TA>
:,;;*5*(T C5,<*. in law, as well as in
the conscience of the offender8 the offender
shall be -1NIS,ED FOR EAC, and ever%
offense that he committed.
 ,n re"iiEi%m, there must be conviction
b% final #ud"ment of the first or prior offense8
in pluralit% of crimes, there is no conviction
of an% of the crimes committed
CON+IN1ED CRIME
:*;,(,T,-(/
C-(T,(?*: C5,<*> is a %in6&e "rime,
consistin" of a %erie% of 3"#%, but all arisin"
from ONE CRIMINAL RESOL1+ION4 len"th of
time in the commission is immaterial.
COM-ARISON
Re3& or M3#eri3&
-&!r3&i#y
Con#in!e Crime
1. There is a
%erie% of acts
performed b% the
offender
1. There is a
%erie% of acts
performed b%
the offender
1. *ach act
performed b% the
offender
constitutes a
%ep3r3#e "rime,
each act is
"enerated b% a
criminal impulse
1. The
different acts
constitute on&y
one "rime, all
of the acts
performed arise
from one
criminal
resolution
AR+2 GD2 -ENAL+Y +O BE IM-OSED
IN CASE OF FAIL1RE +O COMMI+
+,E CRIME BECA1SE +,E MEANS
EM-LOYED OR +,E AIMS SO1G,+
ARE IM-OSSIBLE
1'.,. ;-5 T=* ,<$-.,T,-( -; $5-$*5
$*('4TA/
1. .ocial dan"er8 and
2. :e"ree of criminalit% shown b% the
offender
AR+2 @12 R1LES OF GRAD1A+ING
-ENAL+IES
'ccordin" to 'rts. EC2EF, the penalt% prescribed
b% law for the felon% shall be lowered b% one or
two de"rees, as follows/
1. ;or the principal in frustrated felon% >
one de"ree lower8
2. ;or the principal in attempted felon% >
two de"rees lower8
2E
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
. ;or the accomplice in consummated
felon% > one de"ree lower8
!. ;or the accessor% in consummated
felon% > two de"rees lower8
DIAGRAM OF +,E A--LICA+ION OF
AR+S2 G0 +O GB0
C-(.? ;5?.T 'TT*<
$rin C 1 2
'ccom 1 2
'ccess 2 !
,n this dia"ram, “-” represents the penalt%
prescribed b% law in definin" a crime, which is to
be imposed on the prin"ip3& in a
"on%!mm3#e offense, in accordance with the
provisions of 'rt. 6!. The other fi"ures
represent the de"rees to which the penalt% must
be lowered, to meet the different situations
anticipated b% law.

AR+2 @22 EFFEC+S OF +,E
A++ENDANCE OF MI+IGA+ING OR
AGGRA.A+ING CIRC1MS+ANCES
AND OF ,ABI+1AL DELIN<1ENCY
EFFEC+ OF +,E A++ENDANCE OF
AGGRA.A+ING OR MI+IGA+ING
CIRC1MS+ANCES OR OF ,ABI+1AL
DELIN<1ENCY0
1. A66r3E3#in6 "ir"!m%#3n"e% &"eneric
and specific) have the effect of increasin"
the penalt%, without however exceedin" the
maximum period provided b% law
2. Mi#i63#in6 "ir"!m%#3n"e% have the
effect of diminishin" the penalt%
. ,3'i#!3& e&in9!en"y has the effect,
not onl% of increasin" the penalt% because of
recidivism which is "enerall% implied in
habitual delinquenc%, but also of imposin"
an additional penalt%
5*D?,.,T*. -; ='1,T?'4 :*4,(D?*(CA/
C-:*/
&Convicted2CommittedConvicted2CommittedConvicted)
1. that the offender had been "onEi"#e of
an% of the crimes of serious or less serious
ph%sical in#uries, robber%, theft, estafa or
falsification &C-:*/ ;5*T.4)
2. that after conviction or after servin" his
sentence, he a"ain "ommi##e, and, within
1C %ears from his release or first conviction,
he was a"ain "onEi"#e of an% of the said
crimes for the second time
. that after his conviction of, or after
servin" sentence for the second offense, he
a"ain "ommi##e, and, within 1C %ears
from his last release or last conviction, he
was a"ain "onEi"#e of an% of said
offenses, the third time or oftener.
DIS+INC+IONS
,3'i#!3&
De&in9!en"y
Re"iiEi%m
1. 's to
the C5,<*.
committed
1. The crimes
are %pe"iJe
1. ,t is
sufficient that
the accused
on the date
of his trial,
shall have
been
previousl%
convicted b%
final
#ud"ment of
another
crime
embraced in
the %3me
#i#&e
1. 's to
the $*5,-:
of time the
crimes are
committed
1. The
offender is
fo!n 6!i&#y
:i#$in #en
ye3r% from his
last release or
last conviction
2. No
perio of
time between
the former
conviction
and the last
conviction
1. 's to
the (?<1*5
of crimes
committed
1. The
accused must be
found "uilt% the
#$ir time or
oftener of the
crimes specified
. The
%e"on
offense for
an offense
found in the
same title
1. 's to
their
*;;*CT.
1. 'n
3i#ion3&
pen3&#y is
also imposed
4. ,f not
offset b% a
miti"atin"
circumstance
, serves to
increase the
penalt% onl%
to the
m3Aim!m
AR+2 @=2 R1LES FOR +,E
A--LICA+ION OF -ENAL+IES, W,IC,
CON+AIN +,REE -ERIODS
CASES IN W,IC, MI+IGA+ING AND
AGGRA.A+ING CIRC1MS+ANCES ARE
NO+ CONSIDERED IN +,E IM-OSI+ION
OF -ENAL+Y0
1. 3hen the penalt% is sin"le and
indivisible
26
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
2. ,n felonies throu"h ne"li"ence
. The penalt% to be imposed upon a <oro
or other non2Christian inhabitants
!. 3hen the penalt% is onl% a fine imposed
b% an ordinance
E. 3hen the penalties are prescribed b%
special laws
AR+2 @@2 IM-OSI+ION OF FINES
-?T4,(* -; T=* $5-B,.,-(/
1. The court can fix an% amount of the fine
within the limits established b% law.
2. The court must consider/ &1) the
miti"atin" and a""ravatin" circumstances8
and &2) more particularl%, the wealth or
means of the culprit.
. The court m3y also consider/ &1) the
"ravit% of the crime committed8 &2) the
heinousness of its perpetration8 and &) the
ma"nitude of its effects on the offender0s
victims.
AR+2 @C2 -ENAL+Y +O BE IM-OSED
1-ON A -ERSON 1NDER EIG,+EEN
YEARS OF AGE
'$$4,C'T,-( -; '5T. 6G/
1. This article is not immediatel% applicable
to a minor under 1G %ears of a"e, because
such minor, if found "uilt% of the offense
char"ed, is not sentenced to an% penalt%.
The %en#en"e i% %!%pene and he is
ordered "ommi##e to the reformator%
institution, ,;, his application therefor is
approved b% the court.
2. This article applies to such minor if his
application for suspension of sentence is
DISA--RO.ED OR if while in the
reformator% institution he becomes
INCORRIGIBLE, in which case he shall be
returned to the court for the imposition of the
proper penalt%.
AR+2 B02 S1CCESSI.E SER.ICE OF
SEN+ENCE
+,E +,REE-FOLD R1LE
1. T=* <'+,<?< :?5'T,-( -; T=*
C-(B,CT0. .*(T*(C* shall not be more
than #$ree #ime% the len"th of time
correspondin" to the mo%# %eEere of the
penalties imposed upon him.
2. 1ut in no case to exceed =0 ye3r%.
. This rule shall appl% onl% when the
convict is to serve = or more %en#en"e%
%!""e%%iEe&y.
!. .ubsidiar% penalt% forms part of the
penalt%.
DIFFEREN+ SYS+EMS OF -ENAL+Y,
RELA+I.E +O +,E E/EC1+ION OF +WO
OR MORE -ENAL+IES IM-OSED ON ONE
AND +,E SAME ACC1SED
12 m3#eri3& 3""!m!&3#ion %y%#em
(o limitation whatever, and accordin"l%, all
the penalties for all the violations were
imposed even if the% reached be%ond the
natural span of human life.
22 8!rii"3& 3""!m!&3#ion %y%#em
4imited to not more than three2fold the
len"th of time correspondin" to the most
severe and in no case to exceed !C %ears.
;2 3'%orp#ion %y%#em
The lesser penalties are absorbed b% the
"raver penalties.
AR+2 B22 -REFERENCE IN +,E
-AYMEN+ OF CI.IL LIABILI+IES
Civil liabilit% is satisfied, b% followin" the
chronolo"ical order of the 3#e% of the final
#ud"ments.
AR+2 BB2 W,EN +,E -ENAL+Y IS A
COM-LE/ ONE COM-OSED OF
+,REE DIS+INC+ -ENAL+IES
:*;,(,T,-(/
A "omp&eA pen3&#y is a penalt% prescribed b%
law composed of three distinct penalties, each
formin" a period/ the li"htest of them shall be
the minimum, the next the medium, and the
most severe the maximum period.
INDE+ERMINA+E
SEN+ENCE LAW
A"# No2 =10; 3% 3mene 'y A"# No2 =22G
C-(C*$T/
INDE+ERMINA+E SEN+ENCE* is a sentence
with a minim!m #erm 3n 3 m3Aim!m term
which, the court is m3n3#e to impose for the
'eneJ# of 3 6!i&#y per%on who is no#
i%9!3&iJe therefor, when the maximum
imprisonment eA"ee% one >1? ye3r. ,t applies
to 'o#$ violations of 5evised $enal Code and
special penal laws.
2F
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
A2 SEN+ENCE IN +,E I2S2LAW
,n imposin" a prison sentence for an offense
punished b% the 5evised $enal Code or special
penal laws, the court shall sentence the accused
to an indeterminate sentence, which has a
m3Aim!m and a minim!m term based on the
penalt% actuall% imposed.
 ,.4'3 'pplication is mandator%, where
imprisonment would exceed one %ear.
,. ,; T=* $*('4TA ,. ,<$-.*: 1A T=*
5$C/
a. +$e M3Aim!m +ermP is that which
could be proper&y impo%e under the 5$C,
considerin" the a""ravatin" and miti"atin"
circumstances,
b. +$e Minim!m +ermP is within the
ran"e of the penalt% one de"ree lower than
that prescribed b% the 5$C, without
considerin" the circumstances,
1?T when there is a privile"ed miti"atin"
circumstance, so that the penalt% has to
be &o:ere 'y one e6ree, the
.T'5T,(9 $-,(T for e#erminin6
#$e minim!m #erm of the
indeterminate penalt% is the penalt% next
lower than that prescribed b% the Code
for the offense.
, ,; T=* $*('4TA ,. ,<$-.*: 1A '(A
-T=*5 4'3 &<*'(,(9, ' .$*C,'4
$*('4 4'3)
a. +$e M3Aim!m +ermL must not exceed
the maximum term fixed b% said law,
b. +$e Minim!m +ermL must not be
less than the minimum term prescribed the
same.
 .,<$4A for special laws, it is an%thin"
:i#$in #$e in"&!%iEe r3n6e of the
prescribed penalt%. Courts are "iven
discretion and the circumstances are not
considered.
B2 W,EN BENEFI+ OF +,E ISLAW IS
NO+ A--LICABLE
The ,ndeterminate .entence 4aw shall not appl%
to the followin" persons/
1. sentenced to e3#$ penalt% or &ife
imprisonment
2. #re3%on, or "on%pir3"y or propo%3& to
commit treason
. misprision of treason, rebellion,
%ei#ion or espiona"e
!. pir3"y
E. $3'i#!3& e&in9!en#%
6. e%"3pe from confinement, or eE3e
sentence
F. "ranted with "oni#ion3& p3ron b%
the $resident, but violated the terms thereof
G. maximum term of imprisonment do no#
eA"eein6 1 ye3r
H. sentenced to the penalt% of e%#ierro
or %!%pen%ion onl%
C2 RELEASE OF +,E -RISONER ON
-AROLE
The 1oard of $ardons and $arole m3y
3!#$ori7e the release of a prisoner on parole,
after he shall have served the minim!m
penalt% imposed on him, provided that/
a .uch prisoner is J##e b% his trainin"
for release,
a. There is reasonable probabilit% that he
will live and remain at libert% without
Eio&3#in6 the law,
b. .uch release will not be incompatible
with the :e&f3re of societ%.
D2 EN+I+LEMEN+ +O FINAL RELEASE
AND DISC,ARGE
,f durin" the period of surveillance such paroled
prisoner shall/ &a) %$o: himself to be a law2
abidin" citi7en and, &b) %$3&& no# violate an%
law, the 1oard ma% issue a final certification of
release in his favor, for his final release and
dischar"e.
E2 SANC+ION FOR .IOLA+ION OF
CONDI+IONS OF +,E -AROLE
3hen the paroled prisoner shall violate 3ny of
the conditions of his parole/ &a) the 1oard m3y
i%%!e 3n orer for $i% 3rre%#, and thereafter,
&b) the prisoner shall %erEe #$e rem3inin6
!neApire por#ion of #$e m3Aim!m
sentence for which he was ori"inall% committed
to prison.
F2 REASONS FOR FI/ING +,E MA/IM1M
AND MINIM1M +ERMS IN +,E
INDE+ERMINA+E SEN+ENCE
The minimum and the maximum terms in the ,.
must be fixed, because the% are the basis for the
followin"/
1. 3henever a prisoner has/ &a) served the
<,(,<?< penalt% imposed on him, and &b) is
fit for release as determined b% the 1oard of
,ndeterminate .entence, such 1oard ma%
authori7e the release of the prisoner on
parole, upon terms and conditions prescribed
b% the 1oard.
2. 1ut when the paroled prisoner violates an% of
the conditions of his parole durin" the period
of surveillance, he ma% be rearrested to
serve the remainin" unexpired portion of the
<'+,<?< sentence.
. *ven if a prisoner has alread% served the
<,(,<?<, but he is not fitted for release on
2G
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
parole, he shall continue to serve until the
end of the <'+,<?< term.
+,E C,ILD AND YO1+,
WELFARE CODE
1. The purpose of 'rts. 1GH and 1H2 of the
Child and Aouth 3elfare Code is to avoid a
situation where 51.ENILE OFFENDERS
would commin"le with ordinar% criminals in
prison.
2. ,f the court finds that the %outhful
offender committed the crime char"ed
a"ainst him, it shall DE+ERMINE the
imposable penalt% and the civil liabilit%
char"eable a"ainst him.
. The court ma% no# prono!n"e
#ud"ment of conviction and S1S-END all
further proceedin"s if, upon 3pp&i"3#ion of
the %outhful offender, it finds that the best
in#ere%# of #$e p!'&i" and that of the
offender will be served thereb%.
!. The benefits of 'rticle 1H2 of $: 6C, as
amended, providin" for suspension of
sentence, shall NO+ A--LY T- &1) a
%outhful offender who once en8oye
suspension of sentence under its provisions,
or &2) one who is convicted of an offense
punishable b% e3#$ or &ife
impri%onmen#.
E. The %outhful offender shall be
RE+1RNED to the committin" court for the
prono!n"emen# of #ud"ment, when the
%outhful offender &1) has been found
in"orri6i'&e8 or &2) has :i&&f!&&y f3i&e to
compl% with the conditions of his
rehabilitation pro"rams8 or &) when his
continued sta% in the trainin" institution
would be in3Ei%3'&e.
6. 3hen the %outhful offender has reached
the a"e of +WEN+Y-ONE while in
commitment, the court shall determine
whether >
a. To DISMISS the case, if the %outhful
offender has 'e$3Ee properl% and has
shown his capabilit% to be a !%ef!&
member of the communit%8 or
b. To -RONO1NCE the #ud"ment of
conviction, if the conditions mentioned
are no# me#2
F. ,n the latter case, the convicted offender
ma% appl% for -ROBA+ION. ,n an% case,
the %outhful offender shall be "rei#e in
the service of his sentence with the full time
spent in actual commitment and detention.
G. The final release of a %outhful offender
based on "ood conduct as provided in 'rt.
1H6 shall not obliterate his CI.IL LIABILI+Y
for dama"es
H. ' minor who is ALREADY AN AD1L+ at
the time of his "onEi"#ion is not entitled to a
suspension of sentence
-ROBA+ION LAW OF 1DB@0
-D D@C, 3% 3mene
A2 CONCE-+
-ROBA+ION i% a i%po%i#ion under which a
defendant 3f#er "onEi"#ion 3n %en#en"e is
re&e3%e %!'8e"# #o "oni#ion% imposed b%
the court and to the %!perEi%ion of a probation
officer.
B2 A--LICA+ION
This shall appl% to all offenders except those
entitled to benefits under $: 6CC and similar
laws.
C2 R1LES ON GRAN+ OF -ROBA+ION
1. 'fter havin" convicted and sentenced a
defendant, the trial court MAY S1S-END
the execution of the sentence, and place the
defendant on pro'3#ion, upon
A--LICA+ION b% the defendant within the
perio for perfe"#in6 3n 3ppe3&.
2. $robation ma% be "ranted whether the
sentence imposes a term of imprisonment or
a Jne on&y.
. (- application for probation shall be
entertained or "ranted if the defendant has
-ERFEC+ED AN A--EAL from the
#ud"ment of conviction.
!. ;ilin" of application for probation
operates as a WAI.ER OF +,E RIG,+ +O
A--EAL.
E. The application shall be filed with the
#ri3& court, and the order "rantin" or
den%in" probation shall NO+ BE
A--EALABLE.
6. A""e%%ory pen3&#ie% are deemed
suspended once probation is "ranted.
D2 -OS+-SEN+ENCE IN.ES+IGA+ION
The convict is not immediatel% placed on
probation. There shall be a prior investi"ation b%
the probation officer and a determination b% the
court.
E2 CRI+ERIA FOR -LACING AN
OFFENDER ON -ROBA+ION
The Court shall consider/
1. 'll information relative to the character,
antecedents, environment, mental, and
ph%sical condition of the offender.
2. 'vailable institutional and communit%
resources.
2H
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
F2 -ROBA+ION S,ALL BE DENIED IF
+,E CO1R+ FINDS +,A+0
C-:*/ &Co5:)
a -ffender is in need of "orre"#ion3&
treatment
a There is undue ri%L of committin"
another crime
a $robation will epre"i3#e the
seriousness of the offense committed
G2 DIS<1ALIFIED OFFENDERS0
T=* 1*(*;,T. -; T=,. :*C5** .='44 (-T
1* *+T*(:*: T- T=-.*/
a. .entenced to serve a maximum of
imprisonment of more #$3n @ ye3r%2
b. Convicted of %!'Eer%ion or an% crime
a"ainst the n3#ion3& %e"!ri#y or #$e
p!'&i" orer2
c. $reviousl% convicted b% final #ud"ment
of an offense punished b% imprisonment of
no# &e%% #$3n 1 mon#$ 3n 1 3y andMor
a fine not more than $2CC.
d. -nce placed on pro'3#ion.
,2 CONDI+IONS OF -ROBA+ION
2 I,(:. -; C-(:,T,-(. ,<$-.*:/
1 <andator% or "eneral 2 once violated,
the probation is "3n"e&&e. The% are/
a $robationer -re%en#% himself to the
probation officer desi"nated to
undertake his supervision, at such
place as ma% be specified in the
order, within F2 hours from receipt
of order8
b. =e Repor#% to the probation officer
at least once a month
2. :iscretionar% or special > additional
conditions listed, which the courts m3y
additionall% impose on the probationer
towards his correction and rehabilitation
outside prison. =-3*B*5, the
enumeration is not inclusive. $robation
statutes are &i'er3& in character and enable
the courts to desi"nate practicall% '(A term
it chooses, as lon" as the probationer0s
Con%#i#!#ion3& ri6$#% are not #eopardi7ed.
'lso, the% must not be !n!&y re%#ri"#iEe
of probationer, and not incompatible with the
freeom of "on%"ien"e of probationer.
I2 -ERIOD OF -ROBA+ION
;-5 =-3 4-(9 <'A ' C-(B,CT 1*
$4'C*: -( $5-1'T,-(J
1 ,f the convict is sentenced to a term of
imprisonment of NO+ more #$3n one
ye3r, the period of probation shall not
exceed #:o ye3r%.
2. ,n all other cases, if he is sentenced to
more #$3n one ye3r, said period shall not
exceed %iA ye3r%.
. 3hen the sentence imposes a fine onl%
and the offender is made to serve
%!'%ii3ry impri%onmen#, the period of
probation shall be #:i"e the total number of
da%s of subsidiar% imprisonment.
52 ARRES+ OF -ROBA+IONER
AND S1BSE<1EN+ DIS-OSI+IONS2
1. 't an% time durin" probation, the court
ma% issue a warrant for the ARRES+ of a
probationer for an% serious violation of the
conditions of probation.
2. ,f violation is established, the court ma%
&a) RE.O)E his probation, or &b) continue
his probation and MODIFY the conditions
thereof. This order is not appealable.
. ,f revoked, the probationer shall SER.E
the sentence ori"inall% imposed.
)2 +ERMINA+ION OF -ROBA+ION
The Court ma% order the final dischar"e of the
probationer upon findin" that, he has fulfilled the
terms and conditions of his probation.
L2 EFFEC+S OF +ERMINA+ION OF
-ROBA+ION
1. Case is deemed #ermin3#e.
2. Re%#or3#ion of all civil ri"hts lost or
suspended.
. F!&&y i%"$3r6e% liabilit% for an% fine
imposed.
 (ote that the probation is (-T
coterminous with its period. There must first
be an orer issued b% the court dischar"in"
the probationer.
AR+2 C;2 S1S-ENSION OF +,E
E/EC1+ION OF +,E DEA+,
SEN+ENCE
:eath sentence shall be suspended when the
accused is a/
1. 3oman, while pre6n3n#8
2. 3oman, within one &1) %ear after
e&iEery8
. $erson over %eEen#y &FC) %ears of a"e8
!. Convict who becomes in%3ne, after
final sentence of death has been
pronounced.
AR+2 CB2 DES+IERRO
C
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
-(4A ,( T=* ;-44-3,(9 C'.*. ,.
:*.T,*55- ,<$-.*:/
C-:*/ &*21C$)
1. :eath or serious ph%sical in#uries is
caused or are inflicted, under eA"ep#ion3&
"ir"!m%#3n"e% &'rt. 2!F)8
2. ;ailure to "ive 'on for "ood behavior
&'rt. 2G!)8
. $enalt% for the "on"!'ine in
concubina"e &'rt. !)8
!. 3hen, after reducin" the penalt% b% one
or more de"rees, destierro is the proper
pen3&#y
AR+2 CD2 ,OW CRIMINAL LIABILI+Y
IS +O+ALLY E/+ING1IS,ED
C5,<,('4 4,'1,4,TA ,. T-T'44A
*+T,(9?,.=*:/
C-:*/ &: .''$$ <)
1. 1% the DEA+, of the convict as to
personal penalties8 1?T as to pecuniar%
penalties, liabilit% is extin"uished onl% when
the death of the offender occurs before final
#ud"ment8
a. 3hether before or after final #ud"ment,
e3#$ extin"uishes CRIMINAL
LIABILI+Y, as this penalt% is deemed
personal. (ot so with pe"!ni3ry
pen3&#ie%, which are onl%
extin"uished &as the% arise from the
delict) when death occurred before
final #ud"ment.
b. <eanin"L when the accused died
while the #ud"ment of conviction
a"ainst him was penin6 in appeal,
his CI.IL AND CRIMINAL LIABILI+Y
was extin"uished b% his death8
?(4*.. claim for civil liabilit% ma% be
predicated on a %o!r"e of obli"ation
other than delict.
c. :eath of the oIene p3r#y does not
extin"uish the criminal liabilit% of the
offender because the offense is
committed a"ainst the .tate.
2. 1% SER.ICE OF SEN+ENCE8
. 1% AMNES+Y, which completel%
extin"uishes the penalt% and all its effects.
Amne%#y > is an act of the soverei"n power
6r3n#in6 o'&iEion or a "eneral pardon for a
past offense, and is rarel% if ever exercised
in favor of a sin"le individual, and is usuall%
exerted in behalf of certain classes of
persons who are sub#ect to trial but have not
%et been convicted.
!. 1% ABSOL1+E -ARDON8 -3ron > is
an act of "race, proceedin" from the power
entrusted with the execution of the laws,
which exempts the individual on whom it is
bestowed from the punishment the law
inflicts for the crime he has committed.
DIS+INC+IONS
C-:*/
&'n% Convict looks ;orward, Civil 5 $rivate)
-ARDON AMNES+Y
1. ,ncludes 3ny
crime and is
exercised
individuall% b% the
$resident
1. ' blanket
pardon to classes
of persons or
communities who
ma% be "uilt% of
po&i#i"3&
oIen%e%
1. *xercised when
the person is
alread% "onEi"#e
2. <a% be
exercised eEen
'efore #ri3& or
investi"ation is
had
1. <erel% looks
FORWARD and
relieves the
offender from the
"on%e9!en"e% of
an offense of which
he has been
convicted8 it does
not work for the
restoration of the
ri"hts to hold public
office, or the ri"ht of
suffra"e, unless
such ri"hts be
expressl% restored
b% means of pardon
3. 4ooks
BA)CWARD and
abolishes and
puts into oblivion
the oIen%e
i#%e&f8 it so
overlooks and
obliterates the
offense with
which he is
char"ed that the
person released
b% amnest%
stands before the
law precisel% as
thou"h he had
committed no
offense
1. :oes not alter
the fact that the
accused is a
re"iiEi%# as it
produces onl% the
extinction of the
personal effects of
the penalt%
!. <akes an ex2
convict no lon"er
a recidivist,
because it
obliterates the
last vesti"e of the
crime
1. :oes not
extin"uish the "iEi&
liabilit% of the
offender
1. :oes no#
extin"uish the
civil liabilit% of the
offender
1
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
1. 1ein" a
-RI.A+E AC+ b%
the $resident, must
be p&e3e and
proved b% the
person pardoned
6. 1ein" b%
$roclamation of
the Chief
*xecutive with
the concurrence
of Con"ress, is a
$?14,C 'CT of
which the courts
should #3Le
no#i"e
5. 1% $5*.C5,$T,-( -; T=* C5,<*8
-re%"rip#ion of #$e Crime > is the
forfeiture or loss of the ri"ht of the .tate to
pro%e"!#e the offender, after the lapse of a
certain time.
6. 1% $5*.C5,$T,-( -; T=* $*('4TA8
-re%"rip#ion of #$e -en3&#y > is the loss
or forfeiture of the ri"ht of the 9overnment to
eAe"!#e #$e Jn3& %en#en"e, after the
lapse of a certain time
Coni#ion% ne"e%%3ry0
a. That there be final #ud"ment8
b. That the period of time prescribed b%
law for its enforcement has elapsed
7. 1% T=* <'55,'9* -; T=*
-;;*(:*: 3-<'( with the offender in
the crimes of rape, abduction, seduction,
and acts of lasciviousness. ,n the crimes of
rape, seduction, abduction, or acts of
lasciviousness, the marria"e, as provided
under 'rt. !!, must be contracted b% the
offender in "ood faith.
AR+2 D=2 -AR+IAL E/+INC+ION OF
CRIMINAL LIABILI+Y
C5,<,('4 4,'1,4,TA ,. $'5T,'44A
*+T,(9?,.=*:/
1. 1% C-(:,T,-('4 $'5:-(8
2. 1% C-<<?T'T,-( -; T=*
.*(T*(C*8
. ;or 9--: C-(:?CT '44-3'(C*.
which the culprit ma% earn while he is
servin" sentence8
!. 1% $'5-4*8
a. -3ro&e > is the %!%pen%ion of the
sentence of a convict, after servin" the
minim!m term of the indeterminate
penalt%, without "rantin" a p3ron,
prescribin" the #erm% upon which the
sentence shall be suspended
b. ,f the convict fails to observe the
conditions of the parole, the 1oard of
$ardons and $arole is authori7ed to &1)
direct his ARRES+, AND RE+1RN +O
C1S+ODY and thereafter8 &2) to CARRY
O1+ ,IS SEN+ENCE WI+,O1+
DED1C+ION of the time that has
elapsed between the date of the parole
and the subsequent arrest.
DIS+INC+IONS
Coni#ion3&
-3ron
-3ro&e
1. <a% be "iven
at an% time after
fin3& 8!6men#8
is "ranted b% the
C$ief EAe"!#iEe
under the
provisions of the
'dministrative
Code
1. <a% be
"iven after the
prisoner has
%erEe #$e
minim!m
penalt%8 is
"ranted b% the
Bo3r of
-3ron% 3n
-3ro&e under
the provision of
the
,ndeterminate
.entence 4aw
1. ;or violation
of the conditional
pardon, the
convict ma% be
ordered re-
3rre%#e or re-
in"3r"er3#e b%
the Chief
*xecutive, or ma%
be
-ROSEC1+ED
under 'rt. 1EH of
the Code
1. ;or violation
of the terms of
the parole, the
convict CANNO+
BE -ROSEC1+ED
1NDER AR+2 1GD
of the 5$C, he
can be re-
3rre%#e 3n
re-
in"3r"er3#e
to serve the
unserved
portion of his
ori"inal penalt%
E. b% $5-1'T,-(. $lease see -ro'3#ion
L3:.
AR+2 1002 CI.IL LIABILI+Y OF A
-ERSON G1IL+Y OF FELONY
' C5,<* ='. ' :?'4 C='5'CT*5/
1. 's an offense a"ainst the .tate,
because of the disturbance of the social
order8 and
2. 's an offense a"ainst the private person
in#ured b% the crime, ?(4*.. it involves the
crime of treason, rebellion, espiona"e,
contempt, and others wherein no civil liabilit%
arises on the part of the offender, either
because there are no 3m36e% to be
compensated or there is no priE3#e
per%on in#ured b% the crime
2
CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2
SAN BEDA COLLEGE OF LAW, 2000-2001
MEMORY AID in CRIMINAL LAW
Any form of repro!"#ion of #$i% "opy i% %#ri"#&y pro$i'i#e(((
EFFEC+ OF AC<1I++AL
EA#in"#ion of #$e pen3& 3"#ion does (-T
carr% with it extinction of the civil8 ?(4*.. the
extinction proceeds from a declaration in a final
#ud"ment that the f3"# from which the civil
liabilit% mi"ht arise did not exist.
EFFEC+ OF DISMISSAL OF CASE
+$e Di%mi%%3& of #$e inform3#ion or the
criminal action does (-T affect the ri"ht of the
offended part% to institute or continue the civil
action alread% instituted arisin" from the offense,
because such dismissal or extinction of the
penal action dose not carr% with it the extinction
of the civil one
EFFEC+ OF DEA+,
1. -nl% the criminal liabilit% &includin" the
fine which is pecuniar%), but not the civil
liabilit% of the accused, is extin"uished b%
his death.
2. Civil liabilit% ma% exist, althou"h the
accused is not held criminall% liable, in the
followin" cases/
&a) 'cquittal on re3%on3'&e o!'#
&b) 'cquittal from a cause of non-
imp!#3'i&i#y
&c) 'cquittal in the criminal action for
ne6&i6en"e
&d) 3hen there is onl% "iEi& &i3'i&i#y
&e) ,n case of inepenen# "iEi&
3"#ion%
AR+2 10=2 W,A+ IS INCL1DED IN
CI.IL LIABILI+Y
T=5** C'T*9-5,*./
1. 5estitution
2. 5eparation of dama"e caused
. 'nd indemnification for consequential
dama"es
AR+2 10@2 RE-ARA+ION - ,OW
MADE
1% the pa%ment of the 3"#!3& pri"e of the thin"
plus its %en#imen#3& E3&!e.
-En of BooL One-

CRIMINAL LAW MEMORY AID COMMI++EE0 MARIE -A,A+E, C$3irper%on4 Mi"$e&&e Afri"3, ep4 5!n N!n36, ep4
-3!& L36!3#3n, ep4 Mem'er%0 Ar"y +3'!7o, C3ro& Ar"i363, C$3ro Re8!%o, C$i9!i )3&3:, Doy Br!"e, Ger3r
-en3&o%3, I"e Arrie#3, 5377y I%ip, 5e%%i"3 Sin6%on, 5oy"e C3%#3ne3, )ri%#ine 5oy Di37, Lo!re% B3rrien#o%, M3ye##e
G3&3n6, Mi&&i"en# +3'in6, Mi#"$ M!no7, )3#rin3 Oe, -3mmy -3&3, -3!& Lim, -io C$!3, +in Con%#3n#ino, +5
Ari3no, +on#on +3'39!in2

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