CRIMINAL LAW 1 NOTES (FINALS)

Article Important Notes

 General Rule (Penalty prescribed in general terms)

1. Upon the principals.
Article 46. Penalty to be
2. For a consummated felony.
imposed upon principals in
general. – The penalty
 Exception – when the law fixes a penalty for frustrated
prescribed by law for the
or attempted felony.
commission of a felony shall be
- Whenever it is believed that the penalty lower by one
imposed upon the principals in
or two degrees corresponding to said acts of
the commission of such felony.
execution is not proportion to the wrong done, the law
Whenever, the law prescribes a
fixes a distinct penalty for the principal in frustrated or
penalty for a felony in general
attempted felony.
terms, it shall be understood as
-
applicable to the consummated
***Division of divisible penalties into three periods
felony.
(maximum, medium, minimum) + aggravating
/mitigating circumstances

 Republic Act No. 9346 prohibited the imposition of

death penalty.
Article 47. Imposition of death
penalty
 Majority of vote of the SC is required for the imposition
of death penalty (8 out of 15 justices must concur)

Article 48. Penalty for complex

crimes. – When a single act  Requirement: at least 2 crimes (grave or less grave
constitutes two or more grave felonies) must be the result of a single act, or an offense
or less grave felonies, or when must be a necessary means for committing the other.
an offense is a necessary
means for committing the other,  It only constitutes a single crime, the offender has only
the penalty for the most serious one criminal intent = one penalty.
crime shall be imposed, the
same to be applied in its  Two kinds of complex crimes
maximum period. 1. Compound crime (single act = 2/more grave or less grave
felonies; light felonies are punished differently or may be
absorbed by the grave felony)
- Several light felonies resulting from one single act –
not complex.
- When the crime is committed by force or violence,
slight physical injuries are absorbed.
2. Complex crime proper (an offense is a necessary means
for committing the other)

 No complex crime when trespass to dwelling

(aggravating only) is a direct means is to commit a
grave offense (rape, murder, homicide).
 No complex crime when one offense is committed to
conceal the other.
 No complex crime where one of the offenses is
penalized by a special law.
 The penalty for complex crime is the penalty for the
most serious crime, the same to be applied in its
maximum period.
 When 2 felonies constituting a complex crime are
punishable by imprisonment and fine, respectively, only
the penalty of imprisonment should be imposed.

 Special Complex Crime/Composite Crime - 2/more

crimes that the law treats as a single indivisible and unique
offense for being the product of a single criminal impulse. It
is a specific crime with a specific penalty.

 Where the person kidnapped is killed in the course of the

detention, regardless of whether the killing was purposely
sought or was merely an afterthought, the kidnapping and
murder or homicide can no longer be complexed under Art.
48, nor be treated as separate crimes, but shall be punished
as a special complex crime under the last paragraph of
Art. 267, as amended by R.A. No. 7659.

Rules
1. If a penalty for the felony committed be higher than the
penalty for the offense which the accused intended to
commit, the lower penalty shall be imposed in its
maximum period.
2. If a penalty for the felony committed be lower than the
penalty for the offense which the accused intended to
commit, the lower penalty shall be imposed in its
maximum period.
Article 49. Penalty to be 3. If the act committed also constitutes an attempt or
imposed upon the principals frustration of another crime, and the law prescribes a higher
when the crime committed is penalty for either of the latter, the penalty for the attempted
different from that intended. or frustrated crime shall be imposed in its maximum
period.

 Article 49 applies only when there is a mistake in

identity (error in personae) of the victim of the crime,
and the penalty for the crime committed is different
from that for the crime intended to be committed.

 It is only applicable when the intended crime and the

crime actually committed are punished with different
penalties.

Consummated Frustrated Attempted

0 (prescribed 1 degree 2 degrees
Principals
by law) lower lower
2 degrees 3 degrees
Accomplices 1 degree lower
Articles 50 to 57 (Penalty to be lower lower
imposed upon principals, 2 degrees 3 degrees 4 degrees
Accessories
accomplices, and accessories lower lower lower
of a consummated, frustrated,
and attempted crime)
 A degree is one entire penalty, enumerated in the
graduated scales.
 A period is one of the three equal portions (minimum,
medium, and maximum, of a divisible penalty.
 Public officers who help in the author of a crime
(accessories) by misusing their office and duties shall suffer
Article 58. Additional penalty to the additional penalties of:
be imposed upon certain 1. Absolute perpetual disqualification if the offender is
accessories. guilty of a grave felony.
2. Absolute temporary disqualification if the offender is
guilty of a less grave felony.
 Penalty for impossible crimes is arresto mayor or a fine
ranging from 200-500 pesos.
Article 59. Penalty for
 Basis for the imposition of proper penalty
impossible crimes.
1. Social danger
2. Degree of criminality shown by the offender.
 Accomplice, punished as principal.
1. The ascendants, guardians, curators, teachers,
and any person who by abuse of authority or
confidential relationship, shall cooperate in the
crimes of rape, acts of lasciviousness, seduction,
corruption of minors, white slave trade or
abduction.
2. One who furnished the place for the perpetration of
Article 60. Exceptions to the
the crime of slight illegal detention.
rules established in Articles 50
to 57.
 Certain accessories are punished with a penalty one
degree lower, instead of two degrees.
1. Knowingly using counterfeited seal or forged
signature or stamp of the president.
2. Illegal possession and use of a false treasury or
bank note.
3. Using a falsified document.
4. Using a falsified dispatch.
Article 61. Rules for graduating Article 71 Scale of Penalties
penalties. 1. Death (indivisible)
2. Reclusion perpetua (indivisible)
3. Reclusion temporal
4. Prision mayor
5. Prision correccional
6. Arresto mayor
7. Destierro
8. Arresto menor
9. Public censure (indivisible)
10. Fine

Simplified Rules
1. If the penalty consists in 3 periods, corresponding to
different divisible penalties, the penalty next lower in
degree is the penalty consisting in the 3 periods down in
the scale.
2. If the penalty prescribed consists in 2 periods, the penalty
next lower in degree is the penalty consisting in 2 periods
down in the scale.
3. If the penalty consists in only 1 period, the penalty next
lower in degree is the next period down the scale.

***If the given penalty is composed of 1, 2, or 3 periods, the penalty

next lower in degree should begin where the given penalty
ends.

Divisible Penalties Period

Maximum
Reclusion temporal Medium
Minimum
Maximum
Prision mayor Medium
Minimum
Maximum
Prision correccional Medium
Minimum
Maximum
Arresto mayor Medium
Minimum
Maximum
Destierro Medium
Minimum
Maximum
Arresto menor Medium
Minimum
Article 62. Effects of the
attendance of mitigating or  Aggravating circumstances (generic and specific) =
aggravating circumstances and increase the penalty, without exceeding the maximum.
of habitual delinquency.
 Mitigating circumstances = diminish the penalty

 Habitual delinquency = increase + impose additional

penalty

Rules
1. Aggravating circumstances which (1) themselves constitute
a crime and (2) are included by the law defining a crime are
not to be taken into account to increase the penalty.
***Exemptions (max penalty shall be imposed)
a. Advantage was taken by the offender of his public
position
b. Belongs to an organized/syndicated crime group

2. Aggravating circumstances which are inherent in the crime

are not to be taken into account to increase the penalty.
(e.g., evident premeditation inherent in robbery and theft)

3. Aggravating/mitigating circumstances which arise from:

a. Moral attributes of the offender (different states of mind =
different liabilities/penalty)
b. Private relations with the offended party (e.g.,
relationship as aggravating when offender is a relative of
lower degree/younger than the offended party, mitigating
when offender is a relative of higher degree/older than
the latter)
c. From any other personal cause (e.g., A was a minor, B
was a recidivist)

4. Circumstances which consist:

a. In the material execution of the act (e.g., mode of
committing the offense had not been previously agreed
upon by the offenders = only applicable to the principals
by direct cooperation)
b. Means to accomplish the crime (e.g., means of
committing the offense unknown to the other = only
applicable to the offender who did it)

 A person is a habitual delinquent if within a period of 10

years from the date of his last release/conviction of the
crimes of serious/less serious physical injuries, theft,
robbery, estafa, and falsification.
- That after the conviction or after serving his sentence,
he again committed, and, within 10 years from his
release or first conviction, he was again convicted of
any said crimes for the second time;
- That after the conviction or after serving sentence for,
the second offense, he again committed, and within
10 years from his last conviction/release, he was
again convicted of any of the said offense, the third
time or oftener.

 Additional penalty for habitual delinquency

1. 3rd conviction = penalty provided by law for the last
crime + prision correccional (medium to maximum)
2. 4th conviction = penalty provided by law for the last
crime + prision mayor (minimum to medium)
3. 5th/additional conviction = penalty provided by law
for the last crime + prision mayor (minimum) to
reclusion temporal (minimum)

***Total penalties not to exceed 30 years.

***Purpose for imposing additional penalty: render more effective
social defense and reformation of multirecidivists.

Nature Habitual
Recidivism
Delinquency
As to the
Embraced in the
crimes Specified
same title of the Code
committed
No period of time
As to the Within 10 years from between the former
period of time last release/conviction and the last
conviction
As to the
number of Guilty at the 3rd
2nd conviction
crimes time/oftener
committed
If not offset by a
mitigating
As to their Additional penalty is circumstance, serves
effects imposed to increase the
penalty only to the
maximum
Article 63. Rules for the
application of indivisible 1. When a penalty is single indivisible, it shall be applied
regardless of any mitigating/aggravating circumstances.
e.g., kidnapping and failure to return a minor and rape =
penalty is reclusion perpetua, a penalty that is single and
indivisible.

2. When the penalty is composed of 2 indivisible penalties

(e.g., reclusion perpetua to death, for parricide, robbery with
homicide, kidnapping, and serious illegal detention without
the intention to extort ransom), the ff. shall be observed:
a. Only 1 aggravating = greater penalty
penalties. b. Neither aggravating nor mitigating = lesser
penalty
c. 1 mitigating + no aggravating = lesser penalty
d. both mitigating and aggravating = offset one
another

***Exception: When a privileged mitigating circumstance under

Art 68/69 is present = penalty is one or two degrees lower.
(e.g., rape with a privilege mitigating circumstance of minority, the
imposable penalty is reclusion temporal-medium, instead of
reclusion perpetua).

1. (-) aggravating & (-) mitigating = medium period

2. Only a mitigating = minimum period
3. Only an aggravating = maximum period

Article 64. Rules for the  Cases where mitigating/aggravating circumstances not
application of penalties which considered in the imposition of penalty
contain three periods. 1. When the penalty is single and indivisible (reclusion
perpetua)
2. In felonies through negligence, except for reckless
imprudence.
3. The penalty to be imposed upon a Moro or other non-
Christian inhabitants.

DURATION OF PENALTIES
Reclusion perpetua 20 years and 1 day to 40 years
Reclusion temporal 12 and 1 day to 20 years
Afflictive 6 years and 1 day to 12 years
penalties Prision mayor and Temporary
***disqualification imposed as an
Disqualification
accessory penalty; duration shall be
that of the principal penalty.
6 months and 1 day to 6 years
Prision correccional,
Correctional ***suspension imposed as an
suspension, and destierro
penalties accessory penalty; duration shall be
that of the principal penalty.
Arresto mayor 1 month and 1 day to 6 months
Light penalty Arresto menor 1 day to 30 days
Mitigating Circumstances Aggravating Circumstances
1. Taking advantage of public office
2. Contempt of or with insult to public
authorities
3. With insult or lack of regard due to
offended party by reason of rank, age,
or sex
4. Dwelling
5. Abuse of confidence
6. Obvious ungratefulness
7. Palace of the chief executive or his
presence, or where public authorities
1. Incomplete justification/exemption
engage in the discharge of their duties,
2. Conditional minority
or in a place dedicated to religious
3. No intention to commit so grave a
worship
wrong
8. Nighttime, an unhabitated place, by a
4. Sufficient provocation/threat
band
5. Immediate vindication of a grave
9. Calamity
offense
10. Aid of armed men or means to ensure
6. Passion or obfuscation
impunity
7. Voluntary surrender or Plea of Guilt
11. Recidivism
8. Physical defects
12. Habituality
9. Illness
13. Pride, reward, or promise
14. Inundation, fire, poison, explosion
15. Evident premeditation
16. Craft, fraud, and disguise
17. Superior strength or means to weaken
defense
18. Treachery
19. Ignominy
20. Unlawful entry
21. Breaking wall, roof, floor
22. With aid of persons under 15
Alternative Circumstances (as aggravating or mitigating accdg. to the nature and effects
of the crime)
1. Relationship
2. Intoxication
3. Degree of Education/Instruction