CRIMINAL LAW (BOOK 1)

Criminal Law - is that branch or division of law which defines crimes treats of their nature, and
provides for their punishment.

Crime - is an act committed or omitted in violation of a public law forbidding or commanding it.

Characteristics of Criminal Law:

1. GENERAL - binding on all persons who live or sojourn in Philippine territory.

2. TERRITORIAL- undertakes to punish crimes committed within Philippine territory.
3. PROSPECTIVE- cannot make an act punishable in a manner in which it was not punishable
when committed.

Felonies- acts and omissions punishable by RPC.

Elements of Felonies:

1. That there must be an act or omission.

2. That the act or omission must be punishable by RPC.
3. That the act is performed or the omission incurred by means of dolo or culpa.

Example:
In a case where the accused contended that being an American Citizen, he cannot be
prosecuted of, the crime of illegal possession of firearms, because it is a constitutional right if the
citizens of the United State of America “to keep and bear arms without my need of applying securing
government license therefore, the C,A. of held:

The Philippines is a sovereign state with the obligation and the right of every government
to uphold its laws and maintain order within its domain, and with general jurisdiction to punish person
regardless of the nationality of the offender. No foreigner enjoyed in the country extra – territorial right
to be exempted from its laws and jurisdiction, with the exception of head and state and diplomatic
representatives who, by virtue of the customary law of nations, are not subject to the Philippines
territorial jurisdiction.

TERRITORIAL in that Criminal Law undertaken to punish crimes Committed within Philippines
Territory. The principle of territoriality means that as a role penal laws are enforceable only within the
territory.

Exception to the Territorial application of Criminal Law

The provisions of the RPC shall be enforce outside of the jurisdiction of the Philippines
against those who:

a. Should commit an offence while on the Philippines ship or air ship.

b. Should forge or counterfeit any coin or currency vote of the Philippines or obligations
and securities issued by the Government of the Philippines.
c. Should be liable for acts connected with the introduction into the Philippines of he
obligations and securities mentioned in the preceding number.
d. While being public officers or employees, should commits an offense in the exercises
of their function: or
e. Should commit any of the crimes against National Security and the Law of Nation,
defined in Title One of Book Two of this Code. (Art. 2 RPC)
PROSPECTIVE, In that a penal law cannot make an act punishable in a manner in which it was no
punishable when committed. in other words, crimes are punished under the laws in force at the time of
their commission.

Criminal Liability shall be incurred:

1. By any persons committing a felony (delito) although the wrongful act done be different from
that which he intended.

2. By any person performing an act would be an offense against persons or property, were it not
for the inherent impossibility of its accomplishment, or on account of the employment of
inadequate or ineffectual means.

Elements (Part I, Art 4)

a. Felony is committed by dolo. The wrong done must be the direct natural and logical
consequence of.
b. The wrong done must be the direct, natural and logical consequence of a felony
committed even through different from that intended.

Note:

The are must be a felony which is committed by dolo it does not apply:

a. If the felony was committed by means of culpa because Art. 365 covers it and Art. 4
otherwise speaks of criminal intent.
b. If the act if offender is punished by a special law.

Elements: (Par. 2, Art I)

a. Acts are performed which would be a crime against persons or property.

b. There is a criminal intent.
c.It is not accomplished:
1. Because of the inherent impossibility of the offense.
2. Because the means employed are inadequate or ineffective.

Stage of Execution

1. Consummated all elements necessary for its execution and accomplishment.

2. Frustrated the offender performed all the acts of execution which would produce the felony as a
consequence, but the crime does independent of the will of the offender.

3. Attempted the offender begins the execution of the felony directly by overt acts of execution
which would produce the felony as a consequence by some cause or accident other than his
own spontaneous desistance.

Stage of Execution – Subjective and Objective

Phases of a Felony:

1. Development of the crime.

 a. Subjective phase that portion of the crime starting form the point where the offender
begins up to that point where he still has control of his acts.
b. Objective phase – the result of the acts of execution: the accomplishment of the crime.

2. Internal Acts pure though, not punishable.

3. External Acts Preparatory e.g. possession of tools of the offense ordinarily not punishable
unless acts are punishable as independent crimes in themselves.

4. Acts of a Execution – punishable if they institute of felony.

5. Subjective & Objective together produce the offense.

NB
Over acts an outward act done pursuant to a criminal design. The act must have an
immediate and necessary relation to the offense intended. The offense intended must in turn be
inferable from the overt acts.

If the offender cause to perform the overt act which would produce the felony as a
consequence by spontaneous desistance, he is not liable. The reason is that the law reward his for
being able to stop himself from pursuing his felonies intentions not with standing the fact that the he
was at the brink of committing a crime, and yet, was bale to heed the call of his conscience to return to
the path of righteousness.

When are Felonies Punishable:

1. According to gravity only grave and less grave felonies are punishable.
2. Art. 7 light felonies are punishable only when they have consummated with the exception of
those committed against persons or offense.
3. Gravity of Offenses:
1. Grave felonies – those to which the law attaches the capital punishment or penalties which
in any of their periods are afflictive in accordance with Art. 25 RPC.
2. Less grave felonies those which the law punishes with penalties which in their maximum
period are correctional in accordance with the prescribed Article.
3. Those infractions of law for the commission of which a penalty of arresto menor or a line not
exceeding 200 pesos or both is provided.

Conspiracy it exists when 2 or more persons agree to commit a crime and decide to commit it.

Proposal there is proposal when a person decided to commit a crime and purposes its
execution to someone else.

General Rule:

Mere proposal or conspiracy to commit a felony is not punishable.

Exemption:
a. when the law so provides that they are punishable.
b. When the essence of the felony is conspiracy or proposal.

In conspiracy to commit a crime, it is the crime itself. Were agreement is sufficient; whereas in
conspiracy as a means to commit a crime, overt acts to realize the criminal purpose must also be
performed by the conspirators.

In conspiracy to commit a crime it is punishable only where the criminal purpose must also be
performed by the conspirators.
 In conspiracy to commit a crime it is punishable only where the law expressly so provides; in
conspiracy as a means to commit a crime, what the offender is punished for is the crime and not the
conspiracy.

Justifying Circumstances defined:

 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 transgressed the law and is free from both criminal and civil liability.

SELF-DEFENCE

(Paragraph 1)
Anyone who acts in defense his person or right, provided that the following circumstances
occur:

First – Unlawful aggression.

Second – Reasonable necessity of the man’s employed to prevent or repel it.
Third – Lack of sufficient provocation on the part of the person defending himself.

Reason why penal law makes self-defense lawful

Because it would be quite impossible for the state in all cases to prevent aggression upon its
citizens ( and even foreigners, of course) and offer protection of the person unjustly attacked. On the
other hand, it cannot be conceive that a person should succumb to an lawful aggression without
offering any resistance.

Requisites of defense of relative:

(Paragraph 2)

1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it.
3. In case the provocation was given by the person attacked, the one making a defense had no
part therein.

Defense of Stager, Requisites:

(Paragraph 3)

1. Unlawful aggression
2. Reasonable necessity of the means employed to prevent or repel it.
3. The person defending be not induced by revenge, resentment or other evil motive.

(Paragraph 4) Avoidance of Greater Evil of Injury.

 Any person who, in order to avoid an evil or injury, does an act which causes damage to another,
provided that the following requisites are present:

1. That the evil sought to be avoided actually exists.

2. That the injury feared be greater than that done to avoid it.
3. That there be no other practical and less harmful means of preventing it.

Examples:
 M & W are engaged and about to be married after M had made preparations for the incoming
wedding, W doped with another man whom W really lived. Does the act of W justified?

Does the evil sought to be avoided Actually exist? Yes! What was the injury feared be
greater than that done to avoid it? Having a loveless.

Marriage with M! what was that other practical and less harmful means of preventing it?
By eloping with the man whom W really loved.

A was driving his car on a narrow road with due diligence and care when suddenly A
saw a “six by six” truck in front of his car. If A would swerve to the right A would kill a passer –
by A now was forced to choose between losing his life in the cliff or sacrificing the life of the
innocent by stander, A chose to sacrifice the life of the bystander.

(Paragraph 5) Fulfillment of duty or lawful exercise of right or office

Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.

Requisite:

1. That the accused acted in the performance of a duty or in the lawful exercise of a right or office.
2. The inquiry caused of the offense committed be the necessary consequence of the performance
of duty or the lawful exercise of such right office.

(Paragraph 6) Obedience to an order issued for some lawful Purpose

Any person who acts in obedience to an order issued by a superior for some lawful purpose.

Requisites:

1. That the order has been issued by a superior.

2. That such order must be for some lawful purpose.
3. That the means used by the subordinate to carry out said order is lawful.

Exempting Circumstances, defined:

Are those ground for exemption from punishment because there is wanting in the agent of the
crime any of the condition which make the act voluntary or negligent. The exemption from punishment
is based on the complete absence of intelligence, freedom of action, or intent, or on the absence of
negligence on the part of the accused.

Paragraph 1 – An imbecile or an insane person unless the letter has acted during a lucid interval.

During lucid interval, the insane acts with intelligence. An imbecile is one who while advanced in
age had a mental development comparable to that of children between two and seven years of age.

Imbecile is exempt in all cases from criminal liability, the insane is not so exempt if it can be
shown that be acted during a lucid interval.

Paragraph 2 – A person under nine years of age.

Paragraph 3 – A person over nine years of age and under fifteen, unless he has acted with
discernment.

Discernment defined:
 - the mental capacity of a minor between 9 and 15 years of age, to fully
appreciate the consequence of his unlawful act.

Paragraph 4 – Any person who, while performing a lawful act with due care causes an injury by a mere
accident without fault or intention of causing it.

Elements:

1. A person is performing a lawful Act

2. With due care.
3. He causes an injury to another by mere accident.
4. Without fault or intention of causing it.

Paragraph 5 – Any person acts under the compulsion of an irresistible force.

Elements:

1. That the compulsion is by means of physical force.

2. That the physical force must be irresistible.
3. That the physical force must come from a third person.

Paragraph 6 – Any person who act under the impulse of an uncontrollable fear of an equal or greater
injury.

Elements:

1. That the treat which causes the fear is an evil greater than, or at least to that which he is
required to commit.
2. That it promises an evil of such gravity and imminence that the ordinary man would have
succumbed to it.

Paragraph 7 – Any person who fails to performed an act required by law, when prevented by some
lawful or insuperable causes.

Elements:

1. That an act is required by law to be done.

2. That his person fails to perform such act.
3. That his failure to perform such act was due to same lawful or insuperable cause.

The circumstances in paragraph 7 of Art. 12 exempts the accused from criminal liability,
because he acts without intent, the third condition of voluntaries is intentional felony.

Mitigating those that have the effect of reducing the penalty because there is a diminution of any
of the elements of dolo or culpa which makes the act voluntary or because of the lesser perversity of
the offender.

Paragraph – 1 Those mentioned in Art. II when all the requisites necessary to instify the act or to
exempt from criminal liability in the respective cases are not attendant.
N.B this paragraph is applicable only when unlawful aggression is present and the other two
requisites are not present in any cases referred to in circumstances of 1.2 & 3 of Art. II.

Paragraph – 2 That the offender is under fifteen years of age, or even seventy years. In the case of the
minors he shall be proceeded against in accordance with the provisions of Articles 192. P.D. no. 603.
Paragraph – 3 That the offender had no intention to commit so grave a wrong as that committed.

Paragraph – 4 The sufficient provocation or threat on the part of the offended party immediately
precede the act.

Provocation is understood any unjust or improper conduct or act of the offended party capable
of exciting, inciting or irritating any one.

Requisites:

1. That the provocation must be sufficient.

2. That it must originate from the offended party.
3. That the Provocation must be immediate to the act, i.e., to the commission of the crime by the
person who is provoked.

Paragraph – 5 That act was committed in the immediate vindication of a grave offense to the one
committing the felony (delito), his spouse, ascendants, descendants, legitimate, natural or adopted
brothers or sisters, or relatives by affinity within the same degrees.

Requisites:

1. That there be a grave offense due to the one committing the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the
same degreed.
2. That the felony is committed in vindication of such grave offense. at lapse of time us allowed
between the vindication and the doing of the grave offense.

Paragraph – 6 That o having acted upon an impulse so powerful as naturally to have produced passion
or obfuscation.

This paragraph requires that:

1. The accused acted upon an impulse.

2. The impulse must be so powerful that it naturally produced passion or obfuscation.

Why passion or obfuscation is mitigating?

When there are causes naturally producing in a person powerful excitement, he loses his
reason and self-control, thereby diminishing the exercise of his well power.

Requisite of the mitigating circumstances of passion of obfuscation.

1. That there be an act, both unlawful and sufficient to produce such a condition of wind and
2. That said act which produced the obfuscation was not far removed from the commission of the
crime by a considerable length of time, during which the perpetrator might recover his normal
equanimity.

Example Facts: The accused, as common – law wife, lived with the deceased for 15 years whose
house she helped to support. Later, the deceased married another woman. The accused killed him.

Held: Although it was held in the hicks case that the cases which produce in the mind loss of reason
and self-control and which lessen criminal responsibility are those which originate from lawful
sentiments, not those which arise from vicious, unworthy and immoral passions yet such is not the case
here where the fact that the accused lived for 15 long years as the wife of the deceased, whose house
she helped to support, could not but arouse that natural feeling of despair in the woman who saw her
life broken and found herself abandoned by the very man whom she considered for so long a time as
her husband and for whom she had made so many sacrifices. The mitigating circumstances of passion
or obfuscation was considered in favor of the accused.

Paragraph – 7 The mitigating circumstances are provided in this par.

1. Voluntary surrender to a person in authority or his agents.

2. Voluntary confession of guilt before the court prior to the presentation of evidence for the
prosecution.

Requisites of Surrender:

a. That the offender had not been actually arrested.

b. That the offender surrender himself to a person in authority or to the latter’s agent.
c. That the surrender was voluntary.

When is Surrender voluntary?

A surrender to be voluntary must be spontaneous, showing the intent of the accused to submit
himself unconditionally to the authorities, either.

1. Because he acknowledges his guilt, or.

2. Because he wished to save thru the trouble and expenses necessarily incurred in his search
and capture.

Requisites of plea of guilty

In order that the plea of guilty may be mitigating, the three requisites must be present:

1. That the offender spontaneously confessed his guilt.

2. The confession of guilt was made in open court, this s before the competent court that is to try
the case.
3. The confession of guilt was made prior to the persecution of the evidence for the persecution.

Paragraph – 8 That the offender is deaf and dumb, blind or otherwise suffering from some physical
defeat which thus restricts his means of acting, defense, communication with his fellow being.

Paragraph – 9 Such illness of the offender as would diminish the exercise of the will – power if the
offender without however depriving him of consciousness of his acts.

Requisites:

1. That the illness of the offender must diminish the exercise of his will power.
2. That such illness should not deprive the offender of consciousness of his acts.

Paragraph – 10 And, finally any other circumstance of a similar nature and analogous to those above
mentioned.

Aggravating Circumstances defined:

Are those which, if attendant in the commission of the crime, serve to increase the penalty
without, however exceeding the maximum of the penalty provided by law for offense.

Paragraph – 1 That advantage be taken by the offender of his public position.

Paragraph – 2 That the crime be committed in contempt of or with insult to the public authorities.

Requisites:

a. That the public authority is engaged in the exercise oh his function.

b. That he who is thus engaged in he exercise of said function is not the person against whom the
crime is committed.
c. The offender knows him to be a public authority.
d. His presence has not prevented the offender from committing the criminal act.

Paragraph – 3 That the act be committed(1) with insult or in disregard of the request due the offended
party on account of his (a) rank, (b) age, or (c) sex or (2) that it be committed in the dwelling of the
offended party, if the latter has not given provocation.

Paragraph – 4 That the act be committed with(1) abuse of confidence or (2) obvious ungratefulness.

Requisites:

a. That the offended party had trusted the offender.

b. That the offender abused such trust by committing a crime against the offended party.
c. That the abuse of confidence facilitated the commission of the crime.

Paragraph – 5 That the crime be committed in the palace of the chief Executive, or in his presence or
where public authorities are engaged in the discharge of their duties, or in a place dedicated ton
religious worship.

Paragraph – 6 That the crime be committed(1) in the night time, or (2) in an uninhabited place or (3) by
a band, whenever such circumstances may facilitate the commission of the offense.

When Aggravating:

Night time, uninhabited place or band is aggravating.

1. When it facilitated the commission of the crime.
2. When especially sought for by the offender to insure the commission of the crime or for the
purpose of impurity.
3. When the offender took advantage there of for the purpose of impurity.

Paragraph – 7 That the crime be committed on the occasion of a conflagration, shipwreck, earthquake,
epidemic, or other calamity or misfortune.

Paragraph – 8 That the crime be committed with the aid of (1) armed men or (2) persons who insure of
attend impurity.

Requisites:

a. That armed men or persons took put in the commission of the crime, directly or indirectly.
b. That the accused availed himself of their aid or relied upon them the when the crime committed.

Paragraph – 9 That the accused is a recidivist.

What is a recidivist?

A recidivist is are who, at the time of his trial for one crime, shall have been previously convicted
in the same title of this code (RPC)
Requisites:

1. That the offender is a trial for an offense.

2. That he was previously convicted by final judgment of another crime.
3. That both the first and the second offense are embarrassed in the same title of the Code.
4. That the offender is convicted of the new offense.

Paragraph – 10 That the offender has been previously punished for an offense to which the law
attaches and could or greater penalty or for two or more crimes to which it attaches a lighter penalty

Requisites:

1. That the accused is on trial for and offense.

2. That be previously saved sentenced for another or for two or more crimes to which it attack
penalty than that for the new offense.
3. That he is convicted of the new offence.

Paragraph – 11 That the crime be committed by means of inundation, fire, poison, explosion, stranding
of a vessel or intentional damage thereto, derailment of a locomotive, or by use of any other artifice
involving great waste and min.

Essence of Premeditation

The essence of premeditation is that the execution of the criminal act must be preceded by cool
thought ad reflection upon the resolution to carry out the criminal intent to arrive at a calm judgment.

Paragraph – 14 That (1) CRAFT, (2) FRAUD. OR (3) DISGUISE BE EMPLOYED.

Craft – Involves intellectual trickery & cunning on the part of the accused.
Fraud – Insidious words or machination use to induce the victim to act in a manner which would enable
the offender to carry out his design.
Disguise – resorting to any devise to conceal identity.

Paragraph –15 That (1) advantage be taken of superior strength, or (2) means be employed to weaken
the defense.

To take advantage of superior strength means for use purposely excessive face out ot
proportion to the means of defense available to the person attacked.

Paragraph – 16 That the act be committed with treachery.

Treachery – is committed when the offender commits any of the crimes against the person, employing
means methods or forms in the execution there of which tend directly and specially to insure its
execution without risk to himself arising from the defense which the offended party might make.

Paragraph – 17 That means be employed or circumstances brought about which add ignoring to the
natural effects of the act.

Ignominy – is a circumstances pertaining to the moral order, which adds disgrace and obloquy to the
material injury cause by the crime.

Paragraph – 18 That the crime be committed after an unlawful entry.

Unlawful entry – is committed when an entrance is effected by a way not intended for the purpose.
Paragraph – 19 That as a means to the commission of a crime, a walls, roof, floor, door, or window be
broken.

Paragraph – 20 That the crime be committee (1) with the aid of persons under fifteen years of age, or
(2) by means of motor vehicles, airships, or other similar means.

What is cruelty?

There is cruelty when the culprit enjoys and delights in making his victim suffer slowly and
gradually, causing him unnecessary physical pain in the consummation of the criminal act. “Be
deliberately argumented by causing other wrong” means that the accused at the time of the
commission of the crime had a deliberate intention to prolong the suffering of the victim.

Requisites of Cruelty

1. That the injury caused be deliberately increased by causing other wrong.

2. That the other wrong be unnecessary for the execution of the purpose of the offender.

Alternative Circumstances defined:

Are those which must be taken into consideration as aggravating or mitigating according to the
nature and effects of the crime and the other conditions attending its commission.

Basis of the alternative circumstances:

If it is intentional (subsequent to the plan to commit a felony) it is intentional when the offender
drinks liquor fully knowing its effects, to find in the liquor a stimulants to commit a crime or a means to
suffocate any remorse.

When the intoxication is habitual?

The mere fact that the accused had been drinking intoxicating liquor about seven months and
that he had been drunk once or twice a month is not constituting habitual drunkenness. A habitual
drunkard is one given to intoxication by excessive use of intoxicating drinks. The habit should be actual
and confirmed, but it is not necessary that it be continuous or by daily occurrence.

The following are criminally liable for grave and less grave felonies;

1. Principals
2. Accomplices
3. Accessories

The following are criminally liable for light felonies;

1. Principals
2. Accomplices

The following are considered principals;

1. Those who take a direct part in the execution of the act.

2. These who directly force or induce other to commit it.
3. Those who cooperate in the commission of the offense by another act w/out it would not have
been accomplished
 Accomplices are the persons who, not being included ad principals, cooperate in the execution
of the offense by previous or simultaneous acts.

Accessories are those who having knowledge of the commission of the crime and without
having participated therein, either as principals or accomplices, take part subsequent to its commission
in any of the following manners.

1. By profiting themselves or assisting the offender to profit by the effects of the crime.
2. By concealing or destroying the body of the crime or the effects or instruments thereof, in order
to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the principal of the crime, provided the
accessory acts with abuse of his public functions or whenever the author of the crime is guilty of
treason, Parricide, murder or an attempt to take the life of the Chief Executive, or is know to be
habitually guilty of same other crime.

Aggravating Circumstances, principle, Accomplishes & Accessories, Alternative Circumstances.

1. Define the Following

a. Recidivist
b. Treachery
c. Ignominy
d. Unlawful entry

2. State the requisites to quality you to become recidivist.

3. What is the essence of premeditation?
4. What does alternative Circumstances means?
5. Whom are liable for felonies?
6. A for the consideration of P10,000.00 accept the offer made by to kill C. A killed B by using his
pistol. Briefly discuss the criminal liability, if any and cite the law involves to justify your answer.
7. A.B.C and D raped Miss E, A & B held the hand of Miss E while held the legs of the victim to
freely allow D in ravishing the virginity of the victims. Briefly discuss the crime mate.

Penalty Defined:

Is the suffering that is inflicted by the state for the transgression of a law.

Concept of penalty

Penalty in its general sense signifies pain, especially considered in the judicial sphere, it
means suffering undergone because of the action of human society, by one who commits a crime.

What is the purpose of the state in punishing crimes?

To secure justice. The state has an Existence of its own to maintain, a conscience of its
own to assert, and moral principles to be indicated. Penal justice must therefore and satisfaction of
a duty, and rests primarily on the moral rightfulness of the punishment inflicted.

Duration of each of different penalties:

1. Perpetual penalties – Convict is pardoned after undergoing the penalty for 30 years, except
when he is not worthy of pardon by reason of his conduct or same other serious crime.
2. Reclusion on temporal – 12 years and 1 day to 20 years.
3. Prision major and temporary disqualification is accessory penalty, in which case its duration is
that of the principle penalty.
 4. Prision correctional, suspension, and destierro 6 mos. and 1day to 6 yrs. except when
suspension is an accessory penalty, in which case its duration is that of the principal penalty.
5. Arresto menor – 1 mo. And 1 day to 6 mos.
6. Arresto menor – 1 day to 30 days
7. Bond to keep the peace – the period during which the bond shall be effective is discretionary to
the court.

Retroactive effect of penal laws

Penal laws shall have a retroactive effects in so far as they favor the person guilty of a
felony, who is not a habitual criminal, although at the time of the publication of such laws a final
sentence has been pronounced and the convict is serving the same.

Effects of Penalties:

1. The penalties of perpetual or temporary absolute disqualification and to penal laws existing prior
to revised penal code, in which the penalty was less severe than those of the code share avail
the retroactive effect of such law.
2. The laws enacted subsequent to the revised penal code in which the penalties is more favorable
to the accrued who is not a habitual criminal

Extinction of Criminal Liability

Kinds of Extinction

1. Total
2. Partial

Causes of Total Extinction of Criminal Liability:

1. Death of the Convict

a. The death of the convict only distinguishes the personal penalties. The pecuniary
liabilities continue to subsist.

Exception:

The personal as well as the pecuniary liabilities are extinguished when the accused dies
before final judgment.

2. Service of Sentence

3. Amnesty
4.
Amnesty is an act of the executive power granting oblivion or a general pardon for a past
offense. it is usually applied to a class of persons, for the commission of political offense, and such
persons are subject to trial but have not yet been convicted.

Amnesty extinguished the criminal liability and affects not merely the penalty, but also its
effects. But the civil liability is not extinguished.

5. Absolute Pardon
 Absolute Pardon is an act of grace proceeding from the power entrusted with the execution
of laws which exempts the individual from the punishment which the law inflicts for the crime he
committed.

6. Prescription of the Crime

Prescription of the Crime consists in the forfeiture of loss of the right of the state to
prosecute the offender after the lapse of a certain period of time fired by law.

Period of Prescription of crimes punished by:

a. Death, reclusion perpetua & temporal 20 years.

b. Prision mayor – 15 years.
c. Correctional penalties – 10 years.
d. Libel and similar offense – 1 year
e. Arresto major – 5 years.
f. Oral defamation & slander by dead – 6 months.
g. Light offense – 2 months.

7. Prescription of the Penalty

Prescription of the Penalty consists of the loss of forfeiture of the right of the government to
execute the final sentence after the lapse of a certain fixed period provided by law.

Period of Prescription of Penalties:

a. Death and reclusion perpetua – 20 years.

b. Other afflictive penalties – 15 years.
c. Correctional penalties – 10 years.
d. Arresto mayor – 5 years.
e. Light penalties

Marriage to the Offender Woman under Art. 344

Art. 344 provides: In cases of seduction, abduction , acts of lasciviousness, the marriage of the
offender with the criminal action or remit the penalty already imposed upon him. Te provisions of this
paragraph shall also be applicable to co-principals, accomplices, after the fact of the above mentioned
crimes

Pardon includes any Amnesty distinguished:

a. Pardon includes any crime; amnesty is generally applied to political offense.

b. Pardon is given after conviction, amnesty is given before or after conviction.
c. Pardon looks forward and forgives the punishment; amnesty looks backward and
abolished the offense itself.
d. Pardon as a defense must be proved; courts take judicial notice of amnesty since the
same is the result of a proclamation.
e. +
f. Both pardon and amnesty do not extinguish civil liability.

Running and Suspension of the Period of Prescription

a. The period commences to min from the day following the commission of the offense or
discovery by the offended party, the authorities, or their agents.
 b. It does not man if the offender is outside of the Phil-exception – if the offender is in a foreign
country wit whom the Phil. Has an extradition treaty.
c. The period is interrupted and suspended by the filling of he complaint or information.
d. The period commences to min again when the proceeding are terminated.

Without the accused having been convicted or acquitted

 The preceding is unjustifiably stopped for a person not immutable to he offender.

 The fact that the offender is unknown will not interrupt the period of prescription because
what the code requires is the offender.
 Merely reporting the case to the fiscal will not interrupt the period what is required is the
filing of a complaint a information.
 In a containing crime, the period of prescription is equivalent to be the period between
the date of commission and consummation and the date of the prosecution. The
containing crime must first terminates before the prescriptive may fall.

 Prescription of offenses punished by Special Laws.

a. Punished by fine and Imprisonment of not more than 1 men or both------1 yr.
b. Punished by imprisonment of more than 1 man. But less than 2 yr.-------4 yr.
c. Punished by imprisonment of 2 yr. but less than 6 yr.---------8yr.
d. Punished by imprisonment of 6 yr. or more ----------12 yr.
e. Internal Revenue Offices ------------5 yr.
f. Municipal Ordinance -----------2 mos.

Caused of Partial Extinction of Criminal Liability

a. Conditional Pardon

 Person granted conditional pardon must comply strictly with the conditions thereof,
otherwise, the pardon shall be revoked and he shall be liable for prosecution for violation
of the condition for violation of the conditional pardon.
 A conditional pardon is in the nature of a contract between the convict and the chief
Executive, the conditions of which the convict, upon acceptance, must not violate.

b. Commutation of Sentence

 Commutation of Sentence means a change in the sentences of the court made by the
President which consists in reducing the penalty imposed upon the offender. Such
substitute the original penalty.

c. Good Conduct Allowances

d. Parole

 Parole consists in the suspension of the sentences of the convict after serving the
minimum of the sentences imposed without granting a pardon, prescribing the terms
upon which the sentence shall suspended.

e. Probation

 Probation is disposition under which a defendant, after conviction and sentence is

released subject to conditions imposed by the court and to the supervision of a
probation.
Parole and Conditional Pardon Distinguished:

a. Conditional Pardons are given by the Chief Executive under the Revised Administrative Code;
while parole is given by the Parole Board to a prisoner who has served the minimum of an
indeterminate sentence.
b. For the violation of the conditional pardon, the offender may either be re-arrested and be made
to serve the remitted penalty, or be prosecuted under Art. 159 for violation of the conditional
pardon; for violation of parole, the convict, is re-arrested to serve the unexpired of his penalty.