CRIMINAL LAW (AND PRACTICAL

EXERCISES) THE 2022 BAR BEATLES

NOTES

DISCLAIMER:

These notes are derived from various bar review materials made by several lawprofessorslike
those from the Villasis Law Center (VLC), UST Golden Notes, etc., and selectedlawbooks from
known authors.
The criminal justice system, like any
systemdesignedbyhumanbeings, clearly
has its flaws.

Ben Whishaw
CRIMINAL LAW (AND PRACTICAL EXERCISES)
 TABLE OF CONTENTS
(BASED ON THE 2022 BAR SYLLABUS)

CRIMINAL LAW

I. PRINCIPLES OF CRIMINAL LAW

(REVISED PENAL CODE - BOOK 1)

A. General
principles........................................................................................................21. Mala
in se and mala prohibita ....................................................................................22.
Applicability and effectivity of the RPC......................................................................3
a. Generality .............................................................................................................. 3b.
Territoriality ........................................................................................................... 3c.
Prospectivity ...........................................................................................................3
3. Interpretation of penal laws....................................................................................... 44.
Retroactive effect of penal laws................................................................................. 4B.
Felonies........................................................................................................................51. Criminal
liabilities and felonies................................................................................. 5a. Classification of
felonies (grave, less grave and light felonies) ................................. 5b. Aberratio ictus, error in
personae, and praeter intentionem.................................... 5c. Impossible
crimes...................................................................................................6d. Stages of
execution.................................................................................................6e. Continuing
crimes.................................................................................................. 6f. Complex crimes and
composite crimes................................................................... 72. Circumstances affecting criminal
liability ...................................................................7a. Justifying
circumstances..........................................................................................7b. Exempting
circumstances....................................................................................... 9c. Mitigating
circumstances......................................................................................11d. Aggravating
circumstances................................................................................... 13e. Alternative
circumstances.....................................................................................15f. Absolutory
causes................................................................................................. 163. Persons liable and
degree of participation................................................................16a. Principals, accomplices, and
accessories..............................................................16b. Conspiracy and
proposal......................................................................................17c. Multiple
offenders................................................................................................ 17i.
Recidivism.........................................................................................................17ii. Habituality
........................................................................................................17iii.
Quasi-recidivism..............................................................................................18iv. Habitual
delinquency .......................................................................................184.
Penalties..................................................................................................................19a. Imposable
penalties..............................................................................................19

THE 2022 BAR BEATLES NOTES TABLE OF CONTENTSi

CRIMINAL LAW (AND PRACTICAL EXERCISES)

b. Classification........................................................................................................21c.
 Duration and effects............................................................................................. 22d.
Application and graduation of penalties............................................................... 22
i. Indeterminate Sentence Law (Act No. 4103)...................................................... 22e.
Accessory penalties.............................................................................................. 30f.
Subsidiary Imprisonment.......................................................................................33
5. Execution and service ..............................................................................................34a.
Three-fold rule ..................................................................................................... 34b. Probation
Law (Presidential Decree No. 968, as amended)...................................35c. Juvenile Justice and
Welfare Act (Republic Act No. 9344, as amended)................38d. Republic Act No. 10592
(Amendments to Articles 29, 94, 97, 98 and 99 of theRPC)
................................................................................................................................ 40e.
Community Service Act (Republic Act No. 11362; A. M. No. 20-06-14-SC)......... 40
6. Extinction of criminal liability (as amended by Republic Act No.
10592).................447. Civil liability in criminal
cases.................................................................................48

II. CRIMES UNDER THE REVISED PENAL CODE

(REVISED PENAL CODE - BOOK 2)

A. Crimes against national security and laws of nations...................................................53B.

Crimes against the fundamental law of the State ......................................................... 56C.
Crimes against public order........................................................................................61D. Crimes
against public interest.....................................................................................77E. Crimes against
public morals...................................................................................... 91F. Crimes committed by
public officers........................................................................... 93G. Crimes against
persons.............................................................................................113H. Crimes against
personal liberty and security .............................................................127I. Crimes against property
............................................................................................. 139J. Crimes against chastity
...............................................................................................160K. Crimes against the civil status
of persons.................................................................. 165L. Crimes against
honor................................................................................................ 166M.
Quasi-offenses.........................................................................................................170

III. SPECIAL PENAL LAWS

A. Anti-Child Pornography Act of 2009 (Sections 3[a-c], 4 and 5, Republic Act No.
9775).....................................................................................................................174B. Anti-Fencing
Law of 1979 (Sections 2 to 6, Presidential Decree No. 1612)............... 175C. Anti-Graft and Corrupt
Practices Act (Republic Act No. 3019, as amended by RepublicAct No. 3047, Presidential Decree
No. 677, Presidential Decree No. 1288, Batas Pambansa Blg. 195, and Republic Act No. 10910)
........................................................177D. Anti-Hazing Act of 2018 (Republic Act No. 8049, as
amended by Republic Act No.
11053)..........................................................................................................................181
THE 2022 BAR BEATLES NOTES TABLE OF CONTENTSii

CRIMINAL LAW (AND PRACTICAL EXERCISES)

E. Anti-Money Laundering Act of 2001 (Republic Act No.
9160)...................................182F. Anti-Photo and Video Voyeurism Act of 2009 (Sections 3 and 4,
Republic Act No. 9995)
.....................................................................................................................................187G.
Anti-Plunder Act (Sections 1, 2 and 6, Republic Act No. 7080, as amended by RepublicAct No.
7659)...............................................................................................................188H. Anti-Torture Act of
2009 (Sections 3 [a, b], 4 and 5, Republic Act No. 9745)...........189I. Anti-Trafficking in Persons Act
of 2003 (Sections 3 to 12, Republic Act No. 9208).....192J. Anti-Violence Against Women and their
Children Act of 2004 (Sections 3, 5 and26, Republic Act No.
9262)................................................................................................ 202K. Anti-Wire Tapping Act
(Sections 1 to 4, Republic Act No. 4200).............................. 205L. Bouncing Checks Law (Batas
Pambansa Blg. 22) .......................................................207M. Comprehensive Dangerous Drugs Act
of 2002 (Republic Act No. 9165, as amendedbyRepublic Act No. 10640)
.............................................................................................. 209N. Cybercrime Prevention Act of
2012 (Republic Act No. 10175) .................................214O. New Anti-Carnapping Act of 2016
(Sections 3 to 4, Republic Act No. 10883)......... 218P. Special Protection of Children Against Abuse,
Exploitation, and DiscriminationAct (Sections 3[a], 5 and 10, Republic Act No.
7610)......................................................... 219Q. Swindling by Syndicate (Presidential Decree No.
1689)...........................................221

IV. PRACTICAL EXERCISES

A. Drafting of Complaint, Information, Affidavits of Desistance, etc..............................

223BIBLIOGRAPHY...........................................................................................................231

THE 2022 BAR BEATLES NOTES TABLE OF CONTENTSiii

I. PRINCIPLES OF CRIMINAL
LAW(REVISED PENAL CODE -
BOOK1)
 1

CRIMINAL LAW (AND PRACTICAL EXERCISES)

Degree The penalty is computedthe
participation basis of whether the of
I. PRINCIPLES OF CRIMINAL LAW malefactor is a principaloffend
(REVISED PENAL CODE - BOOK 1) merely an

A. General principles
accomplice or accessory
1. Mala in se and mala prohibita
Ma
Stage The penalty imposedon whet
ofaccomplishme the crimeconsummated,
Basis The moral state of theoffende
frustrated
hence, goodlack of criminal in
attempted.
isdefense

Moral turpitude Crimes mala in se generallyin

Modifiying Taken into account inimposin moral turpitudebasis is the mo
circumstances penaltyprecisely because stateoffender.
offender’s moral trait isbasis
of the crime.
 Law Generally
violated the
Revised
Co

(Boado, Compact Reviewer in Criminal Law, 2016

edition, pp. 10-12)

faithor

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 2

CRIMINAL LAW (AND PRACTICAL EXERCISES)

2. Applicability and effectivity of the RPC

a. Generality

Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn
in the Philippine territory, subject to the principles of public international law and to treaty
stipulations. (Article 14, Republic Act No. 386, Civil Code)
b. Territoriality

i. This principle means, that as a rule, penal laws of the Philippines are enforceableonlywithin its
territory. (Article 2, Act No. 3815, Revised Penal Code, as citedinReyes, Revised Penal Code Book
1, 2012 edition, p. 13)

ii. Application of the territoriality principle - Except as provided in the treaties andlawsof preferential
application, the provisions of this Code shall be enforced not only withinthePhilippine Archipelago,
including its atmosphere, its interior waters and maritimezone, but also outside of its jurisdiction,
against those who:

(1) Should commit an offense while on a Philippine ship or airship

(2) Should forge or counterfeit any coin or currency note of the Philippine Islandsorobligations and
securities issued by the Government of the Philippine Islands;

(3) Should be liable for acts connected with the introduction into these islands of theobligations
and securities mentioned in the presiding number;

(4) While being public officers or employees, should commit an offense in the exerciseof their
functions; or

(5) Should commit any of the crimes against national security and the lawof nations, defined in Title
1 of Book 2 of this Code. (Article 2, Revised Penal Code)

c. Prospectivity

A penal law cannot make an act punishable in a manner in which it was not punishablewhen
committed. As provided in Article 366 of the Revised Penal Code, crimes arepunished under the laws
in force at the time of their commission. (Reyes, Vol. 1, p. 14)

i Exception - Whenever a new statute dealing with crime establishes conditions morelenient or
favourable to the accused, it can be given a retroactive effect. (Reyes, Vol. 1, p. 15)

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 3

CRIMINAL LAW (AND PRACTICAL EXERCISES)
ii. Exception to the exception - It will not apply:

(1) Where the new law is expressly made inapplicable to pending actions or existing causes of
action. (Tavera v. Valdez, 1 Phil. 468, G.R. No. 922, 8 November 1902)

(2) Where the offender is a habitual criminal under Rule 5, Article 62, Revised Penal Code. (Article
22, Revised Penal Code; all cited in Reyes, Vol. 1, p. 15)

3. Interpretation of penal laws

For, it is a well-entrenched rule that penal laws are to be construed strictly against theState and
liberally in favor of the accused. They are not to be extended or enlargedbyimplications,
intendments, analogies or equitable considerations. They are not tobestrained by construction to
spell out a new offense, enlarge the field of crime or multiplyfelonies. Hence, in the interpretation of
a penal statute, the tendency is to subject it tocareful scrutiny and to construe it with such strictness
as to safeguard the rights of theaccused. If the statute is ambiguous and admits of two reasonable
but contradictoryconstructions, that which operates in favor of a party accused under its provisions
is tobepreferred. The principle is that acts in and of themselves innocent and lawful cannot beheld to
be criminal unless there is a clear and unequivocal expression of the legislativeintent to make them
such. Whatever is not plainly within the provisions of a penal statuteshould be regarded as without
its intendment. (Centeno v. Villalon-Pornillos, G. R. No. 113092, 1 September 1994)

4. Retroactive effect of penal laws

Penal laws shall have a retroactive effect:

a. Insofar as they favor the person guilty of a felony;

b. The said person is not a habitual criminal under Rule 5 of Article 62 of the RevisedPenal Code.

Although at the time of the publication of such laws a final sentence has been pronouncedand the
convict is serving the same. (Article 22, Revised Penal Code)

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 4

CRIMINAL LAW (AND PRACTICAL EXERCISES)

B. Felonies

1. Criminal liabilities

a. Classification of felonies (grave, less grave and light felonies)

Grave felo Less grave fel Light felonies
Those to whichattaches the law Those infractions of lawfort
thepunishment or penaltiesw capital commissionthe penalty of
any of their periodsare afflict Those which the arrestomenoror a fine not
accordancewith Article 25Re punishes with exceedingP40,000.00, or bo
Penal Code. (Article9, Revis which in their maximum law
Code, asamended by Repub period are correction provided. (Article 9, Rev
10951)
of the penalties
accordance with Penal Code, as
abovementioned amendedbyRepublic Act No
10951) in
(Id.) the
Act They are punishableonly
article.
when they
havebeenconsummated,
withtheexception of
thosecommitted against
personsor property.
(Article7,Revised Penal Cod

of which
is

b. Aberratio ictus, error in personae, and praeter intentionem

act may
Aberr Error inpers but
crime or
Also known as thethe victim error in the offender.
theoffender intends theon on Also known a intent.
but thefell on another. There identity. I
persons involved:offender, th injury
intendedvictim and the actua offend
Consequently, theresult in a (Boado, pp. 25-26)
harm
two felonies, althoughthere i offender committed
single are
mistake inthe the
the
identity of the
case, there are onlyand
involved: the
it
 THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 5
CRIMINAL LAW (AND PRACTICAL EXERCISES)

c. Impossible crimes

i. Impossible crime is an act which would have been an offense against person or property, were it
not for the inherent impossibility of its accomplishment or on account of theemployment of
inadequate or ineffectual means. (Campanilla, Criminal LawReviewer, Vol. I, 2019 edition, p. 67)

ii. The commission of an impossible crime is indicative of criminal propensity or criminal tendency
on the part of the actor. Such person is a potential criminal. Accordingtopositivist thinking, the
community must be protected from anti-social activities, whetheractual or potential, of the morbid
type of man called “socially dangerous person.” (Reyes, Vol. 1, p. 81)

iii. Elements

(1) The acts performed would have been a crime against persons or property; (2)
There is criminal intent;
(3) It is not accomplished because of inherent impossibility or because themeansemployed is
inadequate or ineffectual; (Boado, pp. 27-28)
(4) That the act performed should not constitute a violation of another provisionof theRevised
Penal Code. (Reyes, Vol. 1, p. 82)

d. Stages of execution
Consummated Frustrated Attempted

When all the elementsneces When the offender performs When the offendercommenc
its executionand acts of executionwhich w commissionof a felony dir
accomplishmentpresent. producefelony as a conseq acts, and does not perfo
which, nevertheless, d the
are all the acts of execution
produce it by reasoncauses but
independent ofwill of the which should pro
perpetrator. not
felony by reasonof so
of
cause or accident other
the
his own spontaneous
desistance.
 byovert

than

(Article 6, Revised Penal Code)

e. Continuing crimes

i. Concept - Also known as delito continuado, is composed of several acts committed

under a single criminal impulse in violation of a single penal provision. (Campanilla, Vol. I, p. 108)

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 6

CRIMINAL LAW (AND PRACTICAL EXERCISES)

ii. Elements of delito continuado

(1) Plurality of acts performed separately during a period of time; (2) Unity of
criminal intent and purpose; and
(3) Unity of penal provision infringed upon or violated. (Santiago v. Garchitorena, G. R. No. 109266,
2 December 1993, 228 SCRA 214, as cited in Campanilla, Vol. I, p. 108)

f. Complex crimes and composite crimes

i. Concept of complex crime - There is a complex crime when a single act constitutes 2ormore grave
or less grave felonies. (People v. Benecio, G. R. No. 235016, 8 September2020)

ii. Penalty for complex crimes. - When a single act constitutes 2 or more graveor lessgrave
felonies, or when an offense is a necessary means for committing the other, thepenalty for the
most serious crime shall be imposed, the same to be appliedinitsmaximum period. (Article 48,
Revised Penal Code)

iii. Kinds of complex crime under Article 48 of the Revised Penal Code

(1) Compound crime - Composed of 2 or more grave or less grave felonies

producedbyasingle act. (Campanilla, Vol. I, p. 140)

(2) Complex crime proper - Composed of 2 or more crimes one or some of whicharenecessary
means to commit the other. (Id.)

iv. Composite crime - A composite crime, also known as a special complex crime, iscomposed of 2
or more crimes that the law treats as a single indivisible anduniqueoffense for being the product of a
single criminal impulse. (People v. Villaflores, G. R. No. 184926, 11 April 2012)

2. Circumstances affecting criminal liability

a. Justifying circumstances

i. Those where the act of a person is said to be in accordance with law, sothat suchperson is deemed
not to have transgressed the law and is free from both criminal andcivil liability. (Reyes, Vol. I, p. 150)

ii. Basis - The law recognizes the non-existence of a crime by expressly statingintheopening
sentence of Article 11 that the persons therein mentioned “do not incur anycriminal liability.” (Id.)

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 7

CRIMINAL LAW (AND PRACTICAL EXERCISES)
iii. Justifying circumstances under the Revised Penal Code (1) Self-defense

(a) Elements

(i) Unlawful aggression;

(ii) Reasonable necessity of the means employed to prevent or repel it; (iii) Lack of sufficient
provocation on the part of the person defending himself. (Article11[1], Revised Penal Code)

(2) Defense of relative

(a) Persons covered

(i) Spouse;
(ii) Ascendants;
(iii) Descendants;
(iv) Legitimate brothers or sisters;
(v) Illegitimate brothers or sisters; or
(vi) Relatives by affinity in the same degrees; and
(vii) Relatives by consanguinity within the 4th civil degree. (Article 11[2], RevisedPenal Code)

(b) Elements

(i) Unlawful aggression;

(ii) Reasonable necessity of the means employed to prevent or repel it; (iii) In case the provocation
was given by the person attacked, that the one making defensehad no part therein. (Id.)

(3) Defense of stranger

(a) Elements

(i) Unlawful aggression;

(ii) Reasonable necessity of the means employed to prevent or repel it; (iii) The person defending
be not induced by revenge, resentment or other evil motive. (Article 11[3], Revised Penal Code)

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 8

CRIMINAL LAW (AND PRACTICAL EXERCISES)
(4) Any person who, in order to avoid an evil or injury, does an act which causes damageto
another (state of necessity)

(a) Elements

(i) That the evil sought to be avoided actually exists;

(ii) That the injury feared be greater than that done to avoid it; (iii) That there be no other practical
and less harmful means of preventing it. (Article11[4], Revised Penal Code)

(5) Any person who acts in the fulfillment of a duty or in the lawful exercise of a right oroffice. (Article
11[5], Revised Penal Code)

(6) Any person who acts in obedience to an order issued by a superior for somelawful purpose.
(Article 11[6], Revised Penal Code)

(7) Battered woman syndrome. (Section 26, Republic Act No. 9262; People v. Genosa, G. R. No.
135981, 15 January 2004)

b. Exempting circumstances

i. An imbecile or an insane person, unless the latter has acted during a lucidinterval. (Article 12[1],
Revised Penal Code)
Imbecility Insanity

Exempt in all cases from crim Not exempt if it can be shown that heactedd
lucid interval.

NOTE: During lucid interval, theinsaneacts

with intelligence.
(Reyes, Vol. I, p. 223)

(1) Basis - Based on the complete absence of intelligence, an element of voluntariness. (Reyes,
Vol. I, p. 232)

ii. A person under 15 years of age. (Section 6, Republic Act No. 9344, Juvenile JusticeandWelfare
Act, as amended by Republic Act No. 10630)

NOTE: Republic Act No. 9344, otherwise known as the Juvenile Justice and WelfareAct, as
amended by Republic Act No. 10630, amended the age of responsibility from9yearsunder the
Revised Penal Code to 15 years.

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 9

CRIMINAL LAW (AND PRACTICAL EXERCISES)
iii. A person under 15 years of age, and under 18, unless he has acted with discernment. (Id.)

NOTE: RA 9344, as amended by RA 10630, also amended this provision, by amendingthe age
from 9 years to 15 years and from 15 years to 18 years.

(1) Periods of criminal responsibility

(Reyes, Vol. I, pp. 233-234)

Period of criminal responsibility

Age of absolute irresponsibility

Age of conditional responsibility

Age of full responsibility 18 y 70years

to(m
offender
Age of mitigated responsibility 15 y years of
with

iv. Any person who, while performing a lawful act with due care, causes aninjurybymere accident
without fault or intention of causing it. (Article 12[4], Revised Penal Code)
(1) Elements

(a) A person is performing a lawful act;

(b) He does it with due care;
(c) He causes an injury to another by mere accident;
(d) Without fault or intention of causing it. (Reyes, Vol. I, pp. 237-238)

v. Any person who acts under the compulsion of irresistible force. (Article 12[5], RevisedPenal
Code)

(1) Elements

(a) That the compulsion is by means of physical force;

(b) That the physical force must be irresistible;
(c) That the physical force must come from a third person. (Reyes, Vol. I, p. 243)

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 10

CRIMINAL LAW (AND PRACTICAL EXERCISES)
vi. Any person who acts under the impulse of an uncontrollable fear of an equal or greaterinjury.
(Article 12[6], Revised Penal Code)

(1) Elements

(a) That the threat which causes the fear is of an evil greater than or at least equal to, that which he
is required to commit;
(b) That it promises an evil of such gravity and imminence that the ordinary manwouldhave
succumbed to it. (United States v. Elicanal, G. R. No. L-11439, 28 October 1916, 35Phil. 209, as
cited in Reyes, Vol. I, pp. 244-245)

(2) Requisites to invoke this circumstance as a defense

(a) Existence of an uncontrollable fear;

(b) The fear must be real and imminent; and
(c) The fear of an injury is greater than or at least equal to that committed. (Peoplev. Petenia, G. R.
No. L-51256, 12 August 1986, 143 SCRA 361, as cited in Reyes, Vol. I, p. 245)

vii. Any person who fails to perform an act required by law, when preventedbysomelawful or
insuperable cause. (Article 12[7], Revised Penal Code)

(1) Elements
(a) That an act is required by law to be done;
(b) That a person fails to perform such act;
(c) That his failure to perform such act was due to some lawful or insuperablecause. (Reyes, Vol. I,
p. 249)

c. Mitigating circumstances

i. Mitigating circumstances under the Revised Penal Code

(1) Those mentioned in Article 12, when all the requisites necessary to justify or toexempt from
criminal liability in the respective cases are not attendant.

(2) That the offender is under 18 years of age or over 70 years. In the case of the minor, heshall be
proceeded against in accordance with the provisions of Article 80.

NOTE: RA 9344 provides for the procedure in case of a minor who is a child inconflict with the law,
such as suspension of sentence under Section 38 of RA 9344.

(3) That the offender had no intention to commit so grave a wrong as that committed.

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 11

CRIMINAL LAW (AND PRACTICAL EXERCISES)
(4) That sufficient provocation or threat on the part of the offended party immediatelypreceded
the act.

(5) That the act was committed in the immediate vindication of a grave offense totheonecommitting
the felony (delito), his spouse, ascendants, or relatives by affinity withinthesame degrees.

(6) That of having acted upon an impulse so powerful as naturally to have producedpassion or
obfuscation.

(7) That the offender had voluntarily surrendered himself to a person in authorityor hisagents, or
that he had voluntarily confessed his guilt before the court prior tothepresentation of the evidence
for the prosecution.

(8) That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus
restricts his means of action, defense, or communications with his fellowbeings.

(9) Such illness of the offender as would diminish the exercise of the will-power of theoffender
without however depriving him of the consciousness of his acts.

(10) And, finally, any other circumstances of a similar nature and analogous tothoseabove
mentioned. (Article 13, Revised Penal Code)

ii. Classes of mitigating circumstances

 (Boado, pp. 81-82)
Ordinary Privileged
mitigatingcircumsta mitigatingc
s penalty,
of caseof
Lowers the penaltyminimum to the pregnant
penalty must befor an indivis Lowers the penal be
penaltyno minimum, medium prescribed by on
period. theextent
degrees, whether
divisible or indivis
penalty.

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 12

CRIMINAL LAW (AND PRACTICAL EXERCISES)

d. Aggravating circumstances

i. Aggravating circumstances under the Revised Penal Code (1) That advantage be taken by

the offender of his public position. (2) That the crime be committed in contempt or with insult

to the public authorities.

(3) That the act be committed with insult or in disregard of the respect due the offendedparty on
account of his rank, age, or sex, or that it be committed in the dwellingof theoffended party, if the
latter has not given provocation.

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

(5) That the crime be committed in the palace of the Chief Executive or in his presence, orwhere
public authorities are engaged in the discharge of their duties, or inaplacededicated to religious
worship.
(6) That the crime be committed in the night time, or in an uninhabited place, or byaband,
whenever such circumstances may facilitate the commission of the offense.

NOTE: Whenever more than 3 armed malefactors shall have acted together inthecommission
of an offense, it shall be deemed to have been committed by a band.

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

(8) That the crime be committed with the aid of armed men or persons who in sure or
afford impunity.

(9) That the accused is a recidivist.

NOTE: A recidivist is one who, at the time of his trial for one crime, shall havebeenpreviously
convicted by final judgment of another crime embraced in the same titleof thisCode.

(10) That the offender has been previously punished by an offense to whichthelawattaches an
equal or greater penalty or for two or more crimes to which it attachesalighter penalty.

NOTE: This refers to reiteracion. (People v. Cajara, G. R. No. 122498, 27 September 2000)(11)

That the crime be committed in consideration of a price, reward, or promise.

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 13

CRIMINAL LAW (AND PRACTICAL EXERCISES)

(12) That the crime be committed by means of inundation, fire, poison, explosion, stranding of a
vessel or international damage thereto, derailment of a locomotive, or bythe use of any other artifice
involving great waste and ruin.

(13) That the act be committed with evident premeditation.

(14) That the craft, fraud or disguise be employed.

(15) That advantage be taken of superior strength, or means be employed to weakenthedefense.

(16) That the act be committed with treachery (alevosia).

NOTE: There is treachery when the offender commits any of the crimes against theperson,
employing means, methods, or forms in the execution thereof which tend directlyandspecially to
insure its execution, without risk to himself arising fromthe defense whichtheoffended party might
make.

(17) That means be employed or circumstances brought about which add ignominytothenatural
effects of the act.
(18) That the crime be committed after an unlawful entry.

NOTE: There is an unlawful entry when an entrance is affected by a way not intendedforthe
purpose.

(19) That as a means to the commission of a crime a wall, roof, floor, door, or
windowbebroken.

(20) That the crime be committed with the aid of persons under 15 years of age, or bymeans of
motor vehicles, motorized watercraft, airships, or other similar means.

(21) That the wrong done in the commission of the crime be deliberately augmentedbycausing
other wrong not necessary for its commission. (Article 14, Revised Penal Code, asamended by
Republic Act No. 5438)

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 14

CRIMINAL LAW (AND PRACTICAL EXERCISES)
ii. Kinds of aggravating circumstances
Generic aggravating circumstances Qualifying aggravating circumstance

Increase the penalty of the offensemaximum to its

The penalty prescribedBook II is the maxim Change the nature of the cri
imposable, thus,the increase in the penalty in
benext higher degree, but onlymaximum pe designation of the offense and
be offset byordinary mitigating circumstance increase the penalty to a higher degre
to the
cannot be offset by any mit
to the
circumstance.
an

Special or specific Inherent aggravating circumstances

aggravatingcircumstances

They apply to a particular felony. Theynot c do

the character of thecharged but guide the c It is an element of the felony thus nolo
imposingproper penalty. offense
 considered against the offender. the

andthe
resultantly
It

(Boado, pp. 92-94)

e. Alternative circumstances

i. Concept - Alternative circumstances are those which must be taken into considerationas
aggravating or mitigating according to the nature and effects of the crime andtheotherconditions
attending its commission. They are the relationship, intoxicationandthedegree of instruction and
education of the offender.

The alternative circumstance of relationship shall be taken into consideration whentheoffended party
is the spouse, ascendant, descendant, legitimate, natural, or adoptedbrother or sister, or relative by
affinity in the same degrees of the offender.

The intoxication of the offender shall be taken into consideration as a mitigatingcircumstances

when the offender has committed a felony in a state of intoxication, if thesame is not habitual or
subsequent to the plan to commit said felony but whentheintoxication is habitual or intentional, it
shall be considered as an aggravatingcircumstance. (Article 15, Revised Penal Code)

ii. Elements

(1) Relationship
(2) Intoxication
(3) Degree of instruction and education of the offender. (Id.)

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 15

CRIMINAL LAW (AND PRACTICAL EXERCISES)
f. Absolutory causes

Those where the act committed is a crime but for reasons of public policy andsentiment there is no
penalty imposed. (People v. Talisic, G. R. No. 97961, September 5, 1997, ascited in Campanilla,
Vol. I, p. 273, and in Reyes, Vol. I, p. 251)

3. Persons liable and degree of participation

a. Principals, accomplices, and accessories

i. Principals

(1) By direct participation - Those who take a direct part in the execution of the act. (2) By
inducement - Those who directly force or induce others to commit it. (3) By indispensable
cooperation - Those who cooperate in the commission of theoffenseby another act without which it
would not have been accomplished. (Article 17, RevisedPenal Code)

ii. Accomplices - Persons not being principals who cooperate in the executionof theoffense by
previous or simultaneous acts. (Article 18, Revised Penal Code)

iii. Accessories - Those who, having knowledge of the commission of the crime, andwithout having
participated therein, either as principals or accomplices, takepart 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 principals of thecrime, 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 theChief Executive, or is known to be
habitually guilty of some other crime. (Article 19, Revised
Penal Code)

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 16

CRIMINAL LAW (AND PRACTICAL EXERCISES)
iv. Degree of liability of persons criminally liable
 Grave felo Less grave fel Light felonies

Principals

Accomplices

Accessories (Accessories not liable

(Article 16, Revised Penal Code)

v. Accessories exempt from criminal liability

(1) Persons covered

(a) Spouses
(b) Ascendants
(c) Descendants
(d) Legitimate, natural, and adopted brothers and sisters, or relatives by affinity withinthesame
degrees. (Article 20, Revised Penal Code)

(2) Exception - Accessories falling under paragraph 1 of Article 19 of the RevisedPenal Code. (Id.)

b. Conspiracy and proposal

Conspiracy Proposal

It exists when 2 or more persons There is such when the personwhoha

comeagreement concerning the to an
commissionfelony and decide to commit it. decided to commit a felony pro
of a
execution to some other person or

its

(Article 8, Revised Penal Code)

c. Multiple offenders

i. Recidivism

A recidivist is one who, at the time of his trial for one crime, shall have been previouslyconvicted by
final judgment of another crime embraced in the same title of this Code. (Article 14[9], Revised Penal
Code)

ii. Habituality

There is reiteracion when the offender has been previously punished by an offensetowhich the law
attaches an equal or greater penalty or for two or more crimes towhichit

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 17

CRIMINAL LAW (AND PRACTICAL EXERCISES)
attaches a lighter penalty. (Article 14[10], Revised Penal Code, as cited in Campanilla, Vol. I, p.
103)

iii. Quasi-recidivism

Besides the provisions of Rule 5 of Article 62, any person who shall commit a felonyafterhaving been
convicted by final judgment, before beginning to serve such sentence, orwhile serving the same,
shall be punished by the maximum period of the penaltyprescribed by law for the new felony.

Any convict of the class referred to in this article, who is not a habitual criminal, shall bepardoned at
the age of 70 years if he shall have already served out his original sentence, or when he shall
complete it after reaching the said age, unless by reason of his conduct or other circumstances he
shall not be worthy of such clemency. (Article 160, RevisedPenal Code)

iv. Habitual delinquency

Habitual delinquency shall have the following effects:

(a) Upon a 3rd conviction the culprit shall be sentenced to the penalty provided bylawforthe last crime
of which he be found guilty and to the additional penalty of prisióncorreccional in its medium and
maximum periods;

(b) Upon a 4th conviction, the culprit shall be sentenced to the penalty providedfor thelast crime of
which he be found guilty and to the additional penalty of prisión mayor initsminimum and medium
periods; and

(c) Upon a 5fth or additional conviction, the culprit shall be sentenced to the penaltyprovided for the
last crime of which he be found guilty and to the additional penaltyof prisión mayor in its maximum
period to reclusión temporal in its minimumperiod.

Notwithstanding the provisions of this article, the total of the two penalties to be imposedupon the
offender, in conformity herewith, shall in no case exceed 30 years.

For the purpose of this article, a person shall be deemed to be habitual delinquent, iswithin a period
of 10 years from the date of his release or last conviction of the crimesof serious or less serious
physical injuries, robo, hurto, estafa or falsification, he is foundguilty of any of said crimes a third
time or oftener. (Article 62[5], Revised Penal Code)
 THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 18
CRIMINAL LAW (AND PRACTICAL EXERCISES)

4. Penalties

a. Imposable penalties

i. Concept - No felony shall be punishable by any penalty not prescribed by lawprior toits
commission. (Article 21, Revised Penal Code)

ii. Measures of prevention or safety which are not considered penalties - The followingshall not be
considered as penalties:

(1) The arrest and temporary detention of accused persons, as well as their
detentionbyreason of insanity or imbecility, or illness requiring their confinement in a hospital.

(2) The commitment of a minor to any of the institutions mentioned in Article 80andforthe purposes
specified therein (now governed by the Juvenile Justice and Welfare Act).

(3) Suspension from the employment or public office during the trial or in order
toinstituteproceedings.

(4) Fines and other corrective measures which, in the exercise of their
administrativedisciplinary powers, superior officials may impose upon their
subordinates.

(5) Deprivation of rights and the reparations which the civil laws may establishinpenal form. (Article
24, Revised Penal Code)

iii. Imposition of penalties

Stage of F Principal Accomplice Accessory

Consummated 0 1 2

Frustrated 1 2 3

Attempted 2 3 4

(Articles 50-57, Revised Penal Code, as cited in Reyes, Vol. 1, p. 712) NOTE: The above figures
refer to the imposed penalty by the number of degree(s) lower.

iv. Exception on the imposition of penalties - The provisions contained in Articles 50to57, inclusive,
of this Code shall not be applicable to cases in which the lawexpresslyprescribes the penalty
provided for a frustrated or attempted felony, or to be imposedupon accomplices or accessories.
(Article 60, Revised Penal Code)

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 19

CRIMINAL LAW (AND PRACTICAL EXERCISES)
v. Penalty to be imposed upon the principals when the crime committed is different fromthat
intended
Penalty prescribed Penalty imposed

Higher than that correspondingoffense whic to the

accused intendedcommit In its maximum period to

Lower than that corresponding towhich the the one

accused intended to commit In its maximum period for the former

Higher penalty for either of the or

frustratedattempted offenses In its maximum p

(Article 49, Revised Penal Code)

vi. Additional penalty to be imposed upon certain accessories

(1) Coverage - Accessories who harbored, concealed, or assisted in the escapeof theprincipals
of the crime, provided the accessory acts with abuse of his public functionsor
whenever the author of the crime is guilty of treason, parricide, murder, or an attempt totake the life of
the Chief Executive, or is known to be habitually guilty of some other crime. (Article 19[3], Revised
Penal Code)
 Additional penalty Felony

Absolute perpetual disqualification Grave felony

Absolute temporary disqualification Less grave felony

(Article 58, Revised Penal Code)

vii. Penalty for impossible crimes - When the person intending to commit an offensehasalready
performed the acts for the execution of the same but nevertheless the crimewasnot produced by
reason of the fact that the act intended was by its nature oneof impossible accomplishment or
because the means employed by such personareessentially inadequate to produce the result desired
by him, the court, having inmindthesocial danger and the degree of criminality shown by the offender,
shall impose uponhimthe penalty of arresto mayor or a fine from P200 to P500. (Article 59, Revised
Penal Code)

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 20

CRIMINAL LAW (AND PRACTICAL EXERCISES)
Prisión correccional Arres
Arresto mayor Publ
b. Classification Suspension Destierro
Principal pena
Penalties common to the afflictive
Capital punishment
Fine
Death (Repealed by Section 1 of RepublicA Rec Bond to keep the peace
9346) tem
Perp Access
abs
tem
may

Correctional penalties
 Perpetual or temporary absolute disqualification P
disqualification Suspension from public office, the
professionCivil interdiction
Indemnification
Forfeiture or confiscation of instruments and proc
costs

(Article 25, Revised Penal Code)

Fine

Afflictive p Exceeds P

Correctional penalty Does not exceed

Light penalty Less than P40

(Article 26, Revised Penal Code, as amended by

Republic Act No. 10951)
or calling

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 21

CRIMINAL LAW (AND PRACTICAL EXERCISES)
 Bond to keep t The bond to keep the
time as the court may
c. Duration and effects

i. Duration of penalties
(Article 27, Revised Penal Code, as amended by
Penalty Duration
Republic Act No. 7659)
Reclusión perp From 20 years and

Reclusión temp From 12 years and

Prisión mayorandtemporar From 6 years and 1

disqualification disqualification is im

which case, it shal

Prisión From 6 months and

correccional,suspension, whenthesuspension
anddestierro inwhich

case, its duration sh

Arresto may From 1 month and

Arresto men From 1 to 30 days

ii. Computation of penalties - If the offender shall be in prison, the termof the durationof the
temporary penalties shall be computed from the day on which the judgment of conviction shall have
become final.

If the offender be not in prison, the term of the duration of the penalty consistingof deprivation of
liberty shall be computed from the day that the offender is placedat thedisposal of the judicial
authorities for the enforcement of the penalty. The durationof theother penalties shall be computed
only from the day on which the defendant commencesto serve his sentence. (Article 28, Revised
Penal Code)

d. Application and graduation of penalties

i. Indeterminate Sentence Law (Act No. 4103)

(1) Concept - Hereafter, in imposing a prison sentence for an offense punishedbytheRevised Penal
Code, or its amendments, the court shall sentence the accusedtoanindeterminate sentence the
maximum term of which shall be that which, in viewof theattending circumstances, could be properly
imposed under the rules of the said Code, andto a minimum which shall be within the range of the
penalty next lower to that prescribedby the Code for the offense; and if the offense is punished by
any other law, the court shall sentence the accused to an indeterminate sentence, the maximum
termof whichshall not exceed the maximum fixed by said law and the minimum shall not be less
thanthe
 THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 22
CRIMINAL LAW (AND PRACTICAL EXERCISES)
minimum term prescribed by the same. (Section 1, Act No. 4103, Indeterminate SentenceLaw, as
amended by Act No. 4225)

(2) Coverage and non-applicability - This Act shall not apply to:

(a) Persons convicted of offenses punished with death penalty or life imprisonment; (b) To
those convicted of treason, conspiracy or proposal to commit treason; (c) To those convicted
of misprision of treason, rebellion, sedition or espionage; (d) To those convicted of piracy;
(e) To those who are habitual delinquents;
(f) To those who shall have escaped from confinement or evaded sentence; (g) To those who having
been granted conditional pardon by the Chief Executiveshall have violated the terms thereof;
(h) To those whose maximum term of imprisonment does not exceed 1 year; nor (i) To those already
sentenced by final judgment at the time of approval of this Act, except as provided in section 5
hereof. (Section 2, Indeterminate Sentence Law, as amendedbyAct No. 4225)

(3) Effect of parole - Every prisoner released from confinement on parole by virtueof thisAct shall, at
such manner as may be required by the conditions of his parole, as maybedesignated by the said
Board for such purpose, report personally to such government officials or other parole officers
hereafter, appointed by the Board of Pardons andParolefor a period of surveillance equivalent to the
remaining portion of the maximumsentenceimposed upon him or until final release and discharge by
the Board of Pardons andParoleas herein provided. The officials so designated shall keep such
records and makesuchreports and perform such other duties hereunder as may be required by said
Board. Thelimits of residence of such paroled prisoner during his parole may be fixed andfromtimeto
time changed by the said Board in its discretion. If during the period of surveillancesuch paroled
prisoner shall show himself to be a law-abiding citizen and shall not violateany of the laws of the
Philippines, the Board of Pardons and Parole may issueafinal certificate of release in his favor, which
shall entitle him to final release and discharge. (Section 6, Indeterminate Sentence Law, as amended
by Republic Act No. 4203)

(4) Effect of violation of parole - Whenever any prisoner released on parole by virtueof this Act shall,
during the period of surveillance, violate any of the conditions of his parole, the Board of Pardons
and Parole may issue an order for his re-arrest which may beserved
in any part of the Philippines by any police officer. In such case the prisoner so re-arrestedshall serve
the remaining unexpired portion of the maximum sentence for whichhewasoriginally committed to
prison, unless the Board of Pardons and Parole shall, initsdiscretion, grant a new parole to the said
prisoner. (Section 8, Indeterminate SentenceLaw, as amended by Republic Act No. 4203)

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 23

 CRIMINAL LAW (AND PRACTICAL EXERCISES)
ii. Graduation of penalties

(a) Graduated scales

Scale N Scale No. 2

(1) Death
(2) Reclusion perpetua(3) (1) Perpetual absolute disqualification
Reclusion temporal(4) Prision
mayor(5) Prision correcciona (2) Temporary absolute disqualification
Arresto mayor(7) Destierro
(8) Arresto menor(9) Public (3) Suspension from public office, the right to voteandbe
censure(10) Fine
voted for, and the right to follow a profession or calling
(4) Public censure

(5) Fine

(Article 71, Revised Penal Code)

(b) Rules on graduation of penalties

Penalty prescribed Penalty to be imposed

Single and indivisible Penalty next lower in degree shall be that

immediatelyfollowing that indivisible penalty in the
graduatedscale prescribed in Article 71

Composed of 2 indivisiblepenaltie Penalty next lower in degree shall be that immediately

1divisible penalties to be imposed or more
full extent
 following the lesser of the penalties
prescribedinthegraduated scale under Article 71

Composed of 1 or 2penalties and Penalty next lower in degree shall be composed

maximumperiod of another indivisible
divisiblepenalty medium and minimum periods of the proper divisibl
penalty and the maximum period of that immediat
following in the graduated scale under Article

Composed of severa Penalty next lower in degree shall be composedofper

periods,corresponding todivisible immediately following the minimumprescribed and of
penalties two next following, whichshall

different
be taken from the penalty prescribed, if possible;othe
from the penalty immediately followingin

the graduated scale under Article 71

the

71
the

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 24

CRIMINAL LAW (AND PRACTICAL EXERCISES)
When the lawpenalty for a The courts, proceeding by analogy, shall impose
crimemanner not especially prescribes a
for in the 4 precedin corresponding penalties upon those guiltyas in some
principals of the frustrated felony, or of attempt
provided
commit the same, and upon accomplicesaccessories

to
and

(Article 61, Revised Penal Code)

TABULATION OF THE PROVISIONS OF THE CHAPTER PROVIDEDBY ARTICLE61(4)OF THE

REVISED PENAL CODE
First Death Reclusion
Penalty Penalty Case perpetua
Prescribe imposed
for the prin
crime frustrate
Sec Reclusio Reclusion
the
ond n temporal
accomplice
Cas perpetua death
consumm
e to
tedcrime

Third Reclusio Prisionin

Case n maximu
temporal period
in its
maxim reclusion
umperi
od temporalin
death
medium

attempted and
 THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 25
CRIMINAL LAW (AND PRACTICAL EXERCISES)
Fourt Prisioninits mayor Arresto mayo Fine andArres Fin
h maximumperiod Prision its maximum its itsminimumand e
Case reclusion correccionalin
to pe
temporalin its medium
maximum period
medium
toprisionin toprisioncorreccion
mayor
p periods
medium
its its medium p

DIVISIBLE AND INDIVISIBLE PENALTIES AND THEIR RESPECTIVE DURATIONS

Death
(prohibited by Republic Act No. 9346)

Reclusion perpetua
(20 years and 1 day to 40 years)

Maximum period
(17 years, 4 months and 1 day to 20 years)
 Minimum period (12 years and 1 day to 14
Reclusion temporal years and8months)
(12 years and 1 day to 20
Medium period
Maximum period (10 years and 1 day to 12
years) years)

(6 years and 1 day to 12

Medium period
years)

Accessory penalties
(8 years and 1 day to 10 years)

Prision mayor
(14 years, 8 months and 1 day to 17 years and Minimum period (6 years and 1 day to 8 years)
4 months)
Absolute disqualification and temporary
disqualification

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 26

CRIMINAL LAW (AND PRACTICAL EXERCISES)
day to 6 years)

Medium period
Prision correccional
Maximum period (4 years, 2 months and 1
(6 months and 1 day to 6
years)

Maximum period
Accessory penalties
(2 years, 4 months and 1 day to 4 years and 2
months)
Arresto mayor
Minimum period (6 months and 1 day to 2 (4 months and 1 day to 6 months) Medium
years and4
Suspension and destierro
period
months)
 (1 month and 1 day to 6
months)

Maximum period (21 to 30 days)

Medium period (11 to 20 days)

Arresto menor (1 to 30 days)
(2 months and 1 day to 4 months)

Minimum period (1 to 10 days)

Minimum period (1 month and 1 day to 2

months)

(Article 76, Revised Penal Code)

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 27

CRIMINAL LAW (AND PRACTICAL EXERCISES)
iii. Rules on applying mitigating or aggravating circumstances in imposing penalties-Mitigating or
aggravating circumstances and habitual delinquency shall be takenintoaccount for the purpose of
diminishing or increasing the penalty in conformity withthefollowing rules:

(1) Aggravating circumstances which in themselves constitute a crime specially punishableby law or
which are included by the law in defining a crime and prescribing the penaltytherefor shall not be
taken into account for the purpose of increasing the penalty.

(2) When in the commission of the crime, advantage was taken by the offender of hispublic position,
the penalty to be imposed shall be in its maximum regardless of mitigatingcircumstances.

The maximum penalty shall be imposed if the offense was committed by any personwhobelongs
to an organized/syndicated crime group.

An organized/syndicated crime group means a group of two or more persons collaborating,

confederating or mutually helping one another for purposes of gain in the commissionof any crime.

(3) The same rule shall apply with respect to any aggravating circumstance inherent inthecrime
to such a degree that it must of necessity accompany the commission thereof.

(4) Aggravating or mitigating circumstances which arise from the moral attributes of theoffender, or
from his private relations with the offended party, or fromany other personal cause, shall only serve
to aggravate or mitigate the liability of the principals, accomplicesand accessories as to whom such
circumstances are attendant.

(5) The circumstances which consist in the material execution of the act, or in themeansemployed to
accomplish it, shall serve to aggravate or mitigate the liability of thosepersons only who had
knowledge of them at the time of the execution of the act or theircooperation therein. (Article 62,
Revised Penal Code, as amended by Republic Act No. 7659)

iv. Rules for the application of indivisible penalties - In all cases in whichthelawprescribes a single
indivisible penalty, it shall be applied by the courts regardless of anymitigating or aggravating
circumstances that may have attended the commissionof thedeed.

In all cases in which the law prescribes a penalty composed of two indivisible penalties, the
following rules shall be observed in the application thereof:

(1) When in the commission of the deed there is present only one aggravatingcircumstance, the
greater penalty shall be applied.

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 28

CRIMINAL LAW (AND PRACTICAL EXERCISES)

(2) When there are neither mitigating nor aggravating circumstances and thereis noaggravating
circumstance, the lesser penalty shall be applied.

(3) When the commission of the act is attended by some mitigating circumstances andthere is no
aggravating circumstance, the lesser penalty shall be applied.

(4) When both mitigating and aggravating circumstances attended the commissionof theact, the
court shall reasonably allow them to offset one another in considerationof theirnumber and
importance, for the purpose of applying the penalty in accordance withthepreceding rules, according
to the result of such compensation. (Article 63, RevisedPenal Code)

v. Rules for the application of penalties which contain 3 periods - In cases in whichthepenalties
prescribed by law contain 3 periods, whether it be a single divisible penaltyorcomposed of 3 different
penalties, each one of which forms a period in accordancewiththe provisions of Articles 76 and 77,
the court shall observe for the applicationof thepenalty the following rules, according to whether there
are or are not mitigatingoraggravating circumstances:

(1) When there are neither aggravating nor mitigating circumstances, they shall
imposethepenalty prescribed by law in its medium period.

(2) When only a mitigating circumstance is present in the commission of the act, theyshall impose
the penalty in its minimum period.

(3) When an aggravating circumstance is present in the commission of the act, theyshall impose the
penalty in its maximum period.
(4) When both mitigating and aggravating circumstances are present, the court shall reasonably
offset those of one class against the other according to their relative weight.

(5) When there are two or more mitigating circumstances and no aggravatingcircumstances are
present, the court shall impose the penalty next lower to that prescribedby law, in the period that it
may deem applicable, according to the number andnatureof such circumstances.

(6) Whatever may be the number and nature of the aggravating circumstances, thecourtsshall
not impose a greater penalty than that prescribed by law, in its maximumperiod.

(7) Within the limits of each period, the court shall determine the extent of the penaltyaccording to the
number and nature of the aggravating and mitigating circumstances andthe greater and lesser extent
of the evil produced by the crime. (Article 64, RevisedPenal Code)

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 29

CRIMINAL LAW (AND PRACTICAL EXERCISES)

vi. Rule in cases in which the penalty is not composed of 3 periods - In cases in whichthepenalty
prescribed by law is not composed of 3 periods, the courts shall apply therulescontained in the
foregoing articles, dividing into 3 equal portions of time includedinthepenalty prescribed, and forming
one period of each of the 3 portions. (Article 65, RevisedPenal Code)

vii. Imposition of fines - In imposing fines the courts may fix any amount withinthelimitsestablished
by law; in fixing the amount in each case attention shall be given, not onlytothe mitigating and
aggravating circumstances, but more particularly to the wealthormeans of the culprit. (Article 66,
Revised Penal Code)

viii. Penalty to be imposed when not all the requisites of exemption of the4thcircumstance of Article
12 are present - When all the conditions required in circumstanceNumber 4 of Article 12 of this
Code to exempt from criminal liability are not present, thepenalty of arresto mayor in its maximum
period to prisión correccional in its minimumperiod shall be imposed upon the culprit if he shall have
been guilty of a grave felony, andarresto mayor in its minimum and medium periods, if of a less
grave felony. (Article67, Revised Penal Code)

ix. Penalty to be imposed when the crime committed is not wholly excusable - Apenaltylower by 1 or
2 degrees than that prescribed by law shall be imposed if the deedis not wholly excusable by reason
of the lack of some of the conditions required to justifythesame or to exempt from criminal liability in
the several cases mentioned in Articles 11and12, provided that the majority of such conditions be
present. The courts shall imposethepenalty in the period which may be deemed proper, in view of the
number andnatureof the conditions of exemption present or lacking. (Article 69, Revised Penal Code)

e. Accessory penalties

i. Effects of accessory penalties

(1) Perpetual or temporary absolute disqualification

(a) The deprivation of the public offices and employments which the offender mayhaveheld
even if conferred by popular election.
(b) The deprivation of the right to vote in any election for any popular office or tobeelected to such
office.
(c) The disqualification for the offices or public employments and for the exercise of anyof the rights
mentioned.
(d) The loss of all rights to retirement pay or other pension for any office formerlyheld. (Article 30,
Revised Penal Code)

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 30

CRIMINAL LAW (AND PRACTICAL EXERCISES)
NOTE: In case of temporary disqualification, such disqualification as is
comprisedinparagraphs 2 and 3 of Article 30 shall last during the term of the sentence. (Id.)

(2) Perpetual or temporary special disqualification

(a) The deprivation of the office, employment, profession or calling affected;

(b) The disqualification for holding similar offices or employments either perpetuallyorduring the term
of the sentence according to the extent of such disqualification; (Article31, Revised Penal Code)

(c) The deprivation of the right to vote in any popular election for any public officeor tobe elected to
such office; and to hold any public office during the periodof hisdisqualification. (Article 32, Revised
Penal Code)

(3) Suspension

(a) Disqualify the offender from holding public office or exercising his professionor callingor
right of suffrage during the term of the sentence.

(b) Shall not hold another having similar functions during the period of his suspension. (Article 33,
Revised Penal Code)

(4) Civil interdiction - It shall deprive the offender during the time of his sentenceof thefollowing:

(a) Right of parental authority,

(b) Right of guardianship, either as to the person or property of any ward, (c) Right of
marital authority,
(d) Right to manage his property; and
(e) Right to dispose of such property by any act or any conveyance inter vivos. (Article34, Revised
Penal Code)

(5) Bond to keep the peace

(a) The offender must present two sufficient sureties who shall undertake that the offenderwill not
commit the offense sought to be prevented, and that in case such offensebecommitted they will pay
the amount determined by the court; or

(b) The offender must deposit such amount with the clerk of court to guaranteesaidundertaking;
or

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 31

CRIMINAL LAW (AND PRACTICAL EXERCISES)
(c) The offender may be detained, if he cannot give the bond, for a period not toexceed6months if
prosecuted for grave or less grave felony, or for a period not to exceed30days, if for a light felony.
(Article 35, Revised Penal Code; Reyes, Vol. 1, p. 636)

(6) Costs - Includes the following:

(a) Fees and

(b) Indemnities in the course of the judicial proceedings

Whether they be fixed or unalterable amounts previously determined by laworregulations in force, or

amounts not subject to schedule. (Article 37, Revised Penal Code)

(7) Order of payment in pecuniary liabilities - In case the property of the offender shouldnot be
sufficient for the payment of all his pecuniary liabilities, the same shall bemet inthe following
order:

(a) The reparation of the damage caused.

(b) Indemnification of consequential damages.
(c) The fine.
(d) The cost of the proceedings. (Article 38, Revised Penal Code) ii. Penalties

with inherent accessory penalties

(1) Accessory penalties of reclusión perpetua and reclusión temporal - The penaltiesof reclusión
perpetua and reclusión temporal shall carry with them that of civil interdictionfor life or during the
period of the sentence as the case may be, and that of perpetual absolute disqualification which the
offender shall suffer even though pardonedas tothe
principal penalty, unless the same shall have been expressly remitted in the pardon. (Article 41,
Revised Penal Code)

(2) Accessory penalties of prisión mayor - The penalty of prisión mayor, shall carrywithit that of
temporary absolute disqualification and that of perpetual special disqualificationfrom the right of
suffrage which the offender shall suffer although pardonedas totheprincipal penalty, unless the same
shall have been expressly remitted in the pardon. (Article 42, Revised Penal Code)

(3) Accessory penalties of prisión correccional - The penalty of prisión correccional shall carry with it
that of suspension from public office, from the right to followa professionorcalling, and that of
perpetual special disqualification from the right of suffrage, if theduration of said imprisonment shall
exceed 18 months. The offender shall suffer thedisqualification provided in the article although
pardoned as to the principal penalty, unless the same shall have been expressly remitted in the
pardon. (Article 43, RevisedPenal Code)

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 32

CRIMINAL LAW (AND PRACTICAL EXERCISES)
(4) Accessory penalties of arresto - The penalty of arresto shall carry with it that of suspension of the
right to hold office and the right of suffrage during the termof thesentence. (Article 44, Revised Penal
Code)

(5) Confiscation and forfeiture of the proceeds or instruments of the crime - Every penaltyimposed for
the commission of a felony shall carry with it the forfeiture of the proceedsof the crime and the
instruments or tools with which it was committed.

Such proceeds and instruments or tools shall be confiscated and forfeited in favor of
theGovernment, unless they be property of a third person not liable for the offense, but
thosearticles which are not subject of lawful commerce shall be destroyed. (Article 45,
RevisedPenal Code)

f. Subsidiary Imprisonment

i. Concept - It is a subsidiary personal liability to be suffered by the convict whohas noproperty with
which to meet the fine, at the rate of 1 day for each amount equivalent tothe highest minimum wage
rate prevailing in the Philippines at the time of the renditionof judgment of conviction by the trial court,
subject to the rules provided for in Article39of the Revised Penal Code. (Reyes, Vol. 1, p. 647)

ii. Rules as to subsidiary imprisonment - If the convict has no property with whichtomeet the fine
mentioned in paragraph 3 of the next preceding article, he shall be subject toasubsidiary personal
liability at the rate of one day for each amount equivalent tothehighest minimum wage rate
prevailing in the Philippines at the time of the renditionof judgment of conviction by the trial court,
subject to the following rules:
Penalty imposed Subsidiary penalty

Prision correccional or arrestoand Shall not exceed 1/3 of the termof thesente
and shall not continue fine
than 1 year. Fraction or part of acounted.

Fine only Shall not exceed 6 months, if theprosecuted

grave or less grave felony.

Shall not exceed 15 days, if

prosecutedforlight felony.

Higher than prision correccional No subsidiary imprisonment.

 Not to be executed by confinement, butfixe Shall consist in the same deprivations of
duration those of the principal penalty, under rules1t
of Article 39.

for more
day, not

culprit is

as

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 33

CRIMINAL LAW (AND PRACTICAL EXERCISES)
In case of insolvency The subsidiary personal liability whichtheco
may have suffered shall not relievehim from
fine in case his financialcircumstances shou
improve.

(Article 39, Revised Penal Code, as amended by Republic Act No. 10159) 5. Execution

and service

a. Three-fold rule

When the culprit has to serve two or more penalties, he shall serve themsimultaneouslyif the nature
of the penalties will so permit otherwise, the following rules shall be observed:

In the imposition of the penalties, the order of their respective severity shall be followedsothat they
may be executed successively or as nearly as may be possible, shouldapardonhave been granted
as to the penalty or penalties first imposed, or should they havebeenserved out.
For the purpose of applying the provisions of the next preceding paragraph the respectiveseverity
of the penalties shall be determined in accordance with the following scale:

i. Death,
ii. Reclusión perpetua,
iii. Reclusión temporal,
iv. Prisión mayor,
v. Prisión correccional,
vi. Arresto mayor,
vii. Arresto menor,
viii. Destierro,
ix. Perpetual absolute disqualification,
x. Temporary absolute disqualification,
xi. Suspension from public office, the right to vote and be voted for, the right
tofollowaprofession or calling, and
xii. Public censure.

Notwithstanding the provisions of the rule next preceding, the maximumdurationof theconvict's
sentence shall not be more than 3-fold the length of time correspondingtothemost severe of the
penalties imposed upon him. No other penalty to which he maybeliable shall be inflicted after the
sum total of those imposed equals the same maximumperiod.

Such maximum period shall in no case exceed 40 years.

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 34

CRIMINAL LAW (AND PRACTICAL EXERCISES)
In applying the provisions of this rule the duration of perpetual penalties (pena perpetua) shall be
computed at 30 years. (Article 70, Revised Penal Code, as amendedbyCommonwealth Act No.
217)

b. Probation Law (Presidential Decree No. 968, as amended)

i. Purpose - This Decree shall be interpreted so as to:

(a) Promote the correction and rehabilitation of an offender by providing himwithindividualized

treatment;
(b) Provide an opportunity for the reformation of a penitent offender which might belessprobable if
he were to serve a prison sentence; and
(c) Prevent the commission of offenses. (Section 2, Presidential Decree No. 968,
ProbationLaw, as amended by Republic Act No. 10707)

ii. Grant of probation - Subject to the provisions of this Decree, the trial court may, after it shall have
convicted and sentenced a defendant for a probationable penalty anduponapplication by said
defendant within the period for perfecting an appeal, suspendtheexecution of the sentence and place
the defendant on probation for such periodanduponsuch terms and conditions as it may deem best.
No application for probationshall beentertained or granted if the defendant has perfected the appeal
fromthe judgment of conviction: Provided, That when a judgment of conviction imposing a
non-probationablepenalty is appealed or reviewed, and such judgment is modified through the
impositionof a probationable penalty, the defendant shall be allowed to apply for
probationbasedonthe modified decision before such decision becomes final. The application for
probationbased on the modified decision shall be filed in the trial court where the judgment of
conviction imposing a non-probationable penalty was rendered, or in the trial court wheresuch case
has since been re-raffled. In a case involving several defendants wheresomehave taken further
appeal, the other defendants may apply for probation by submittingawritten application and attaching
thereto a certified true copy of the judgment of conviction.

The trial court shall, upon receipt of the application filed, suspend the executionof thesentence
imposed in the judgment.

This notwithstanding, the accused shall lose the benefit of probation should heseekareview of the
modified decision which already imposes a probationable penalty.

Probation may be granted whether the sentence imposes a term of imprisonment or afineonly.
The filing of the application shall be deemed a waiver of the right to appeal.

An order granting or denying probation shall not be appealable. (Section 4, ProbationLaw, as

amended by Republic Act No. 10707)

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 35

CRIMINAL LAW (AND PRACTICAL EXERCISES)
iii. Criteria for placing an offender on probation - In determining whether an offender maybe placed
on probation, the court shall consider all information relative, to the character, antecedents,
environment, mental and physical condition of the offender, andavailableinstitutional and community
resources. Probation shall be denied if the court finds that:

(a) The offender is in need of correctional treatment that can be provided most effectivelyby his
commitment to an institution; or
(b) There is undue risk that during the period of probation the offender will commit another crime; or
(c) Probation will depreciate the seriousness of the offense committed. (Section8, Probation Law, as
amended by Republic Act No. 10707)

iv. Disqualified offenders - The benefits of this Decree shall not be extended to those:

(a) Sentenced to serve a maximum term of imprisonment of more than 6 years; (b) Convicted
of any crime against the national security;
(c) Who have previously been convicted by final judgment of an offense punishedbyimprisonment of
more than 6 months and 1 day and/or a fine of more than P1,000.00; (d) Who have been once on
probation under the provisions of this Decree; and (e) Who are already serving sentence at the time
the substantive provisions of this Decreebecame applicable pursuant to Section 33 hereof. (Section
9, Probation Law, as amendedby Republic Act No. 10707)

v. Conditions of probation - Every probation order issued by the court shall

containconditions requiring that the probationer shall:

(a) Present himself to the probation officer designated to undertake his supervisionat suchplace
as may be specified in the order within 72 hours from receipt of said order; (b) Report to the
probation officer at least once a month at such time andplaceasspecified by said officer.

The court may also require the probationer to:

(a) Cooperate with a program of supervision;

(b) Meet his family responsibilities;
(c) Devote himself to a specific employment and not to change said employment without the prior
written approval of the probation officer;
(d) Undergo medical, psychological or psychiatric examination and treatment andenterand
remain in a specified institution, when required for that purpose; (e) Pursue a prescribed
secular study or vocational training;
(f) Attend or reside in a facility established for instruction, recreation or residenceof persons on
probation;
(g) Refrain from visiting houses of ill-repute;
(h) Abstain from drinking intoxicating beverages to excess;

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 36

CRIMINAL LAW (AND PRACTICAL EXERCISES)
(i) Permit the probation officer or an authorized social worker to visit his home andplaceor work;
(j) Reside at premises approved by it and not to change his residence without its priorwritten
approval; or
(k) Satisfy any other condition related to the rehabilitation of the defendant and not undulyrestrictive
of his liberty or incompatible with his freedom of conscience. (Section10, Probation Law, as
amended by Republic Act No. 10707)

vi. Modification of condition of probation - During the period of probation, the court may, upon
application of either the probationer or the probation officer, revise or modifytheconditions or period
of probation. The court shall notify either the probationer or the probation officer of the filing such an
application so as to give both parties an opportunity to be heard thereon.

The court shall inform in writing the probation officer and the probationer of anychangein
the period or conditions of probation. (Section 12, Probation Law, as amendedbyRepublic
Act No. 10707)

vii. Effectivity of probation order - A probation order shall take effect upon its issuance, at which time
the court shall inform the offender of the consequences thereof andexplainthat upon his failure to
comply with any of the conditions prescribed in the saidorder orhis commission of another offense, he
shall serve the penalty imposed for the offenseunder which he was placed on probation. (Section 11,
Probation Law, as amendedbyRepublic Act No. 10707)

viii. Control and supervision of probationer - The probationer and his probationprogramshall be
under the control of the court who placed him on probation subject toactual supervision and
visitation by a probation officer.
Whenever a probationer is permitted to reside in a place under the jurisdiction of anothercourt,
control over him shall be transferred to the Executive Judge of the Court of First Instance (now
Regional Trial Court) of that place, and in such a case, a copyof theprobation order, the investigation
report and other pertinent records shall be furnishedsaid Executive Judge. Thereafter, the Executive
Judge to whomjurisdictionover theprobationer is transferred shall have the power with respect to
himthat was previouslypossessed by the court which granted the probation. (Section 13,
ProbationLaw, asamended by Republic Act No. 10707)

ix. Period of probation

(a) The period of probation of a defendant sentenced to a term of imprisonment of not more than 1
year shall not exceed 2 years, and in all other cases, said periodshall not exceed 6 years.

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 37

CRIMINAL LAW (AND PRACTICAL EXERCISES)
(b) When the sentence imposes a fine only and the offender is made to serve
subsidiaryimprisonment in case of insolvency, the period of probation shall not be less thannor tobe
more than twice the total number of days of subsidiary imprisonment as computedat the rate
established, in Article 39 of the Revised Penal Code, as amended. (Section14, Probation Law, as
amended by Republic Act No. 10707)

x. Arrest of probationer and subsequent disposition - At any time during probation, thecourt may
issue a warrant for the arrest of a probationer for any serious violationof theconditions of probation.
The probationer, once arrested and detained, shall immediatelybe brought before the court for a
hearing of the violation charged. The defendant maybeadmitted to bail pending such hearing. In
such case, the provisions regarding releaseonbail of persons charged with a crime shall be
applicable to probationers arrestedunderthis provision.

In the hearing, which shall be summary in nature, the probationer shall have theright tobe informed of
the violation charged and to adduce evidence in his favor. The court shall not be bound by the
technical rules of evidence but may inform itself of all the facts whichare material and relevant to
ascertain the veracity of the charge. The State shall berepresented by a prosecuting officer in any
contested hearing. If the violationisestablished, the court may revoke or continue his probation and
modify the conditionsthereof. If revoked, the court shall order the probationer to serve the sentence
originallyimposed. An order revoking the grant of probation or modifying the terms and
conditionsthereof shall not be appealable. (Section 15, Probation Law, as amended by RepublicAct
No. 10707)

xi. Termination of probation - After the period of probation and upon considerationof thereport and
recommendation of the probation officer, the court may order thefinal discharge of the probationer
upon finding that he has fulfilled the terms and conditionsof his probation and thereupon the case is
deemed terminated.

The final discharge of the probationer shall operate to restore to himall civil rights lost
orsuspended as a result of his conviction and to totally extinguish his criminal liabilityastothe
offense for which probation was granted.
The probationer and the probation officer shall each be furnished with a copy of suchorder. (Section
16, Probation Law, as amended by Republic Act No. 10707)

c. Juvenile Justice and Welfare Act (Republic Act No. 9344, as amended)

i. Automatic suspension of sentence - Once the child who is under 18 years of ageat thetime of the
commission of the offense is found guilty of the offense charged, the court shall determine and
ascertain any civil liability which may have resulted fromthe offensecommitted. However, instead of
pronouncing the judgment of conviction, the court shall place the child in conflict with the law under
suspended sentence, without needof

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 38

CRIMINAL LAW (AND PRACTICAL EXERCISES)
application: Provided, however, That suspension of sentence shall still be appliedevenif the juvenile
is already 18 years of age or more at the time of the pronouncement of his/herguilt.

Upon suspension of sentence and after considering the various circumstances of thechild, the court
shall impose the appropriate disposition measures as provided in the SupremeCourt Rule on
Juveniles in Conflict with the Law. (Section 38, Juvenile Justice andWelfareAct, as amended by
Republic Act No. 10630)

ii. Discharge of the child in conflict with the law - Upon the recommendation of thesocial worker who
has custody of the child, the court shall dismiss the case against thechildwhose sentence has been
suspended and against whom disposition measures havebeenissued, and shall order the final
discharge of the child if it finds that the objectiveof thedisposition measures have been fulfilled.

The discharge of the child in conflict with the law shall not affect the civil liabilityresulting from the
commission of the offense, which shall be enforced in accordancewithlaw. (Section 39, Juvenile
Justice and Welfare Act, as amended by Republic Act No. 10630)

iii. Return of the child in conflict with the law to court - If the court finds that the objectiveof the
disposition measures imposed upon the child in conflict with the lawhave not beenfulfilled, or if the
child in conflict with the law has willfully failed to comply withtheconditions of his/her disposition or
rehabilitation program, the child in conflict withthe
law shall be brought before the court for execution of judgment.

If said child in conflict with the law has reached 18 years of age while under suspendedsentence, the
court shall determine whether to discharge the child in accordance withthisAct, to order execution of
sentence, or to extend the suspended sentence for acertainspecified period or until the child reaches
the maximum age of 21 years. (Section40, Juvenile Justice and Welfare Act, as amended by
Republic Act No. 10630)

iv. Credit in service of sentence - The child in conflict with the law shall be creditedintheservices of
his/her sentence with the full time spent in actual commitment anddetentionunder this Act. (Section
41, Juvenile Justice and Welfare Act, as amended by RepublicAct No. 10630)

v. Probation as an alternative to imprisonment - The court may, after it shall haveconvicted and
sentenced a child in conflict with the law, and upon applicationat anytime, place the child on
probation in lieu of service of his/her sentence taking intoaccount the best interest of the child. For
this purpose, Section 4 of Presidential Decree No. 968, otherwise known as the "Probation Law of
1976", is hereby amended accordingly. (Section 42, Juvenile Justice and Welfare Act, as amended
by Republic Act No. 10630)

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 39

CRIMINAL LAW (AND PRACTICAL EXERCISES)

d. Republic Act No. 10592 (Amendments to Articles 29, 94, 97, 98 and 99 of the RPC)

i. Preventive imprisonment - Offenders or accused who have undergone preventiveimprisonment

shall be credited in the service of their sentence consisting of deprivationof liberty, with the full time
during which they have undergone preventive imprisonment if the detention prisoner agrees
voluntarily in writing after being informed of theeffectsthereof and with the assistance of counsel to
abide by the same disciplinary rules imposedupon convicted prisoners, except in the following
cases:

(1) When they are recidivists, or have been convicted previously twice or more timesof any crime;
and

(2) When upon being summoned for the execution of their sentence they have failedtosurrender
voluntarily.

If the detention prisoner does not agree to abide by the same disciplinary rules imposedupon
convicted prisoners, he shall do so in writing with the assistance of a counsel andshall be
credited in the service of his sentence with 4/5 of the time during whichhehasundergone
preventive imprisonment.

Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deductedfrom 30
years.

Whenever an accused has undergone preventive imprisonment for a period equal tothepossible
maximum imprisonment of the offense charged to which he may be sentencedand his case is not yet
terminated, he shall be released immediately without prejudicetothe continuation of the trial thereof or
the proceeding on appeal, if the same is underreview. Computation of preventive imprisonment for
purposes of immediate releaseunderthis paragraph shall be the actual period of detention with good
conduct time allowance: Provided, however, That if the accused is absent without justifiable cause at
any stageof the trial, the court may motu proprio order the rearrest of the accused: Provided, finally,
That recidivists, habitual delinquents, escapees and persons charged with heinous crimesare
excluded from the coverage of this Act. In case the maximumpenalty to whichtheaccused may be
sentenced is destierro, he shall be released after 30 days of preventiveimprisonment. (Article 29,
Revised Penal Code, as amended by Republic Act No. 10592)

e. Community Service Act (Republic Act No. 11362; A. M. No. 20-06-14-SC)

i. Community service under Republic Act No. 11362- The court in its discretionmay, inlieu of service in
jail, require that the penalties of arresto menor and arresto mayor beserved by the defendant by
rendering community service in the place where thecrimewas committed, under such terms as the
court shall determine, taking into considerationthe gravity of the offense and the circumstances of the
case, which shall be under the

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 40

CRIMINAL LAW (AND PRACTICAL EXERCISES)
supervision of a probation officer: Provided, That the court will prepare an order imposingthe
community service, specifying the number of hours to be worked and theperiodwithin which to
complete the service. The order is then referred to the assignedprobationofficer who shall have
responsibility of the defendant.

The defendant shall likewise be required to undergo rehabilitative counseling under thesocial welfare
and development officer of the city or municipality concernedwiththeassistance of the Department of
Social Welfare and Development (DSWD). Inrequiringcommunity service, the court shall consider the
welfare of the society and the reasonableprobability that the person sentenced shall not violate the
law while rendering the service.

Community service shall consist of any actual physical activity which inculcates civicconsciousness,
and is intended towards the improvement of a public work or promotionof a public service.

If the defendant violates the terms of the community service, the court shall order his/herre-arrest
and the defendant shall serve the full term of the penalty, as the case maybe, injail, or in the house
of the defendant as provided under Article 88. However, if thedefendant has fully complied with the
terms of the community service, the court shall order the release of the defendant unless detained
for some other offense.

The privilege of rendering community service in lieu of service in jail shall be availedof only once.
(Article 88a, Revised Penal Code, as amended by Republic Act No. 11362)

ii. Guidelines in the Imposition of Community Service as Penalty in Lieu of Imprisonment (A. M.
No. 20-06-14-SC)

(1) After promulgation of judgment or order where the imposable penalty for the crimeoroffense
committed by the accused is arresto menor or arresto mayor, it shall be thecourt'sduty to inform the
accused of and announce in open court his/her options within15calendar days from date of
promulgation, to wit:

(a) File an appeal;

(b) Apply for probation as provided by law; or
(c) Apply that the penalty be served by rendering community service in the placewherethe crime
was committed.

It shall further be explained to the accused that if he/she chooses to appeal the conviction, such
resort thereto bars any application for community service or probation.

(2) In the event accused opts to apply for community service, the application must befiledwithin the
period to perfect an appeal. Likewise, said application shall be resolvedwithin5 calendar days from
the filing thereof. For this purpose, the court should set a hearingtorender or promulgate the ruling
on the said application within the said period.

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 41

CRIMINAL LAW (AND PRACTICAL EXERCISES)

(3) If the accused was required to post bail, pending resolution of the applicationforcommunity service
he/she may also move that he/she be allowed on temporarylibertyunder the same bond he/she
posted or be granted recognizance as provided for underSection 15, Rule 114 of the Revised Rules
on Criminal Procedure.

(4) Upon receipt of the application for community service, the court shall
immediatelynotify the following officers:

(a) The barangay chairperson or his/her authorized representative of the barangaywherethe

crime was committed;
(b) A representative from the provincial or city's Probation Office; and, (c) The local
government unit's Social Welfare Development Officer (SWDO).

The court may resort to electronic service of the notices to the above officers.

(5) The notice shall direct the barangay chairperson or his/her authorized representativetosubmit a
proposed community service program for accused on or before the scheduledhearing on the
application. The SWDO shall also be directed to recommendarehabilitative counseling program
and schedule for the accused that shall be incorporatedin the barangay's proposal. The following
programs of the Parole and ProbationOfficeinrelation to community service may also be
considered:

(a) Mentoring and Intergenerational Service;

(b) Economic Development;
(c) Citizenship and Civic participation-experiential activities which involve solvingcommunity
problems; and
(d) Involvement in Crime Prevention projects.

(6) In assessing the recommendations of the barangay chairperson or his/her

authorizedrepresentative and SWDO, the court shall take into account that the type of
programforcommunity service shall:

(a) Consist of actual physical activity which inculcates civic consciousness; (b)
Intended towards the improvement of a public work; or,
(c) Promotion of public service.

(7) In exercising the discretion to allow service of penalty through community service, thefollowing
factors may be taken into consideration by the court:

(a) The gravity of the offense;

(b) The circumstances of the case;
(c) The welfare of the society; and
 THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 42
CRIMINAL LAW (AND PRACTICAL EXERCISES)
(d) The reasonable probability that the accused shall not violate the lawwhile renderingthe service.

In no case shall the benefit of the Community Service Law be given to the accusedmorethan once.
Also, the period for the community service to be rendered should not bemorethan the maximum
sentence imposed by· law, but not less than 1/3 thereof.

If the accused has undergone preventive imprisonment, the period shall be deductedfromthe
term of community service.

(8) The court shall resolve the application for community service immediately after thehearing
thereon. An order granting or denying the application shall not be appealable.

Failure of the accused to appear at the said hearing, except for justified reasons, shall beaground to
deny the application and a warrant of arrest shall be issued against the accused.

(9) In the event the court needs time to resolve the application, the court shall set theorderfor
promulgation within 24 hours from the hearing thereof and require the presenceof accused and
his/her counsel, including the representatives from the concerned barangay, city or municipal
Probation Office and SWDO.

(10) The community service order shall provide for the following:

(a) The details of the community service program;

(b) The specific number of hours to be accomplished and period within which tocompletethe
service;

(c) The referral of accused to the probation office having jurisdiction over the placewherethe
crime was committed for supervision;

(d) A statement requiring the concerned probation officer to provide a final report
ontheaccused's compliance with the program within 5 calendar days fromexpirationof theperiod
and recommendation for discharge if applicable;

(e) A statement requiring the SWDO to submit a report within 5 calendar days aftercompletion of
rehabilitative counseling; and

(f) The imposition of additional conditions as may be warranted by the circumstancesof the case.

The community service order shall take effect upon its issuance in open court, at whichtime, the
court shall inform the accused of the consequences thereof and explainthat
 THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 43
CRIMINAL LAW (AND PRACTICAL EXERCISES)
failure to comply with the terms or commission of another offense, he/she shall bere-arrested to
serve the full term of the penalty.

(11) After the period of community service and upon consideration of the report andrecommendation
of the probation officer and SWDO, the court may order thefinal discharge of accused upon finding
that he/she has fulfilled the terms and conditions of hiscommunity service and thereupon, the case
is deemed terminated. The accused, probation officer and SWDO shall each be furnished with a
copy of such order.

(12) If the accused is sentenced with a penalty higher than arresto menor or arrestomayor, and on
appeal the penalty was lowered to arresto menor or arresto mayor, whichbecamefinal and
executory, the accused may, upon written application with the court of origin, seek community
service in lieu of imprisonment, which may be acted upon subject totheprovisions of these
guidelines.

With respect hereto, in no case shall community service be allowed if the defendant isahabitual
delinquent.

(13) In the event the court denies the application for community service, and the periodtoappeal has
not yet lapsed, the accused may still choose to appeal the said judgment orapply for probation.

(14) An accused who has applied and was granted probation in a previous caseis not disqualified to
apply for community service in a subsequent case. (A. M. No. 20-06-14-SC, Guidelines in the
Imposition of Community Service as Penalty in Lieu of Imprisonment)

6. Extinction of criminal liability (as amended by Republic Act No. 10592) i. Total

extinction

(1) Modes - Criminal liability is totally extinguished:

(a) By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability
therefor is extinguished only when the death of the offender occurs beforefinal judgment;
(b) By service of the sentence;
(c) By amnesty, which completely extinguishes the penalty and all its effects; (d) By
absolute pardon;
(e) By prescription of the crime;
(f) By prescription of the penalty;
(g) By the marriage of the offended woman, as provided in Article 344 of this Code. (Article 89,
Revised Penal Code)
 THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 44
CRIMINAL LAW (AND PRACTICAL EXERCISES)
(2) Prescriptive periods under the Revised Penal Code (a) Prescription of

crimes

(i) Prescriptive periods

Crime Prescriptiveperiod

Crimes punishable by death, reclusión

20 y
perpetuaorreclusióntemporal

Crimes punishable by other afflictive penalties 15 y

Crimes punishable by a correctional penalty other

10 y
thanarrestomayor

Crimes punishable by arresto mayor 5 ye

Crime of libel or other similar offenses 1y

Crime of oral defamation and slander by deed 6 mon

Light offenses 2 mon

(Article 90, Revised Penal Code, as amended by Republic Act No. 4661)

NOTE: When the penalty fixed by law is a compound one, the highest penalty shall bemade the
basis of the application of the rules contained in the first, secondandthirdparagraphs of this article.
(Id.)

(ii) Computation of prescription of offenses - The period of prescription shall commencetorun from
the day on which the crime is discovered by the offended party, the authorities, or their agents, and
shall be interrupted by the filing of the complaint or information, andshall commence to run again
when such proceedings terminate without the accusedbeingconvicted or acquitted, or are
unjustifiably stopped for any reason not imputable tohim.

The term of prescription shall not run when the offender is absent fromthe PhilippineArchipelago.
(Article 91, Revised Penal Code)

(b) Prescription of penalties

(i) Prescriptive periods

Penalty Prescriptiveperiod

Death and reclusión perpetua 20 y

Other afflictive penalties 15 y

Correctional penalty other than arresto mayor 10 y

Arresto mayor 5 ye

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 45

CRIMINAL LAW (AND PRACTICAL EXERCISES)
Light penalties 1y

(Article 92, Revised Penal Code)

(ii) Computation of the prescription of penalties - The period of prescription of penaltiesshall

commence to run from the date when the culprit should evade the serviceof hissentence, and it
shall be interrupted if the defendant should give himself up, be captured, should go to some foreign
country with which this Government has no extraditiontreaty, or should commit another crime before
the expiration of the period of prescription. (Article 93, Revised Penal Code)

(2) Prescriptive periods under special laws

(a) Prescriptive periods
Crimes Prescriptive

Punished only by a fine or by imprisonment for not After 1 yea

morethan 1 month

Punished by imprisonment for more than 1 month, but less After 4 year
2 years

Punished by imprisonment for 2 years or more but less6 ye than

After 8 year

Punished by imprisonment for 6 years or more After 12 yea

Treason (Articles 90[1], and 114, Revised Penal Co After 20 yea

All offenses in violation of the National Internal RevenueCo

amended by TRAIN Law(Section 281, RepublicAct No. 842 After 5 years
National Internal Revenue Code [NIRC], asamended by Re for
No. 10963, Tax ReformAcceleration and Inclusion Act [TRA

Penalized by municipal ordinances 2 months

(Section 1, Act No. 3326, as amended by Act No. 3763)

(b) Computation of prescriptive period - Prescription shall begin to run fromthe dayof
thecommission of the violation of the law, and if the same be not known at the time,
fromthediscovery thereof and the institution of judicial proceedings for its
investigationandpunishment.

The prescription shall be interrupted when proceedings are instituted against theguiltyperson, and
shall begin to run again if the proceedings are dismissed for reasons not constituting jeopardy.
(Section 2, Act No. 3326, as amended by Act No. 3763)
 THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 46
CRIMINAL LAW (AND PRACTICAL EXERCISES)
ii. Partial extinction

(1) Modes - Criminal liability is extinguished partially:

(a) By conditional pardon;

(b) By commutation of the sentence; and
(c) For good conduct allowances which the culprit may earn while he is undergoingpreventive
imprisonment or serving his sentence. (Article 94, Revised Penal Code, asamended by Republic
Act No. 10592)

(2) Obligation incurred by person granted conditional pardon - Any person whohas beengranted
conditional pardon shall incur the obligation of complying strictly withtheconditions imposed therein
otherwise, his non-compliance with any of the conditionsspecified shall result in the revocation of
the pardon and the provisions of Article 159shall be applied to him. (Article 95, Revised Penal
Code)

(3) Effect of commutation of sentence - The commutation of the original sentenceforanother of a

different length and nature shall have the legal effect of substituting thelatterin the place of the
former. (Article 96, Revised Penal Code)

iii. Good conduct time allowance

(1) Allowance for good conduct - The good conduct of any offender qualified for credit forpreventive
imprisonment pursuant to Article 29 of this Code, or of any convictedprisonerin any penal institution,
rehabilitation or detention center or any other local jail shall entitle him to the following deductions
from the period of his sentence:
hisimprisonment beha
Term of imprison
At any time during the periodimprisonment Anot
During the first 2 years of imprisonment Ded num
beha
stud
serv
During the 3rd to the 5th year, inclusive,his Ded
imprisonment
(Article 97, Revised Penal Code, as amended by
During the following years until theyear, DedRepublic Act No. 10592)
inclusive, of his imprisonment
good
monthof
During the 11th and successive years of Ded
monthof monthof

monthof

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 47

CRIMINAL LAW (AND PRACTICAL EXERCISES)
NOTE: An appeal by the accused shall not deprive him of entitlement to theaboveallowances for
good conduct. (Id.)

(2) Special time allowance for loyalty

Person entitled Time allowance

Any prisoner who, having evaded his preventiveimpris

or the service of his sentence under thecircumstances
mentioned in Article 158 of this Code,gives himself up
authorities withinfollowing the issuance of a proclamat Deduction of 1/5 of his sentenc
announcingthe passing away of the calamity or
catastrophereferred to in said article hours

Any prisoner who chose to stay in the placeconfineme of his

notwithstanding the existencecalamity or catastrophe of a
enumerated in Articlethis Code Deduction of 2/5 of his sentenc
of
 (Article 98, Revised Penal Code, as amended by Republic Act No. 10592)

NOTE: This Article shall apply to any prisoner whether undergoing preventiveimprisonment or
serving sentence. (Id.)

(3) Who grants time allowances - Whenever lawfully justified, the Director of theBureauof
Corrections, the Chief of the Bureau of Jail Management and Penology and/or theWarden of a
provincial, district, municipal or city jail shall grant allowances for goodconduct. Such allowances
once granted shall not be revoked. (Article 99, RevisedPenal Code, as amended by Republic Act
No. 10592)

7. Civil liability in criminal cases

a. General provisions

i. Concept of civil liability - Every person criminally liable for a felony is also civillyliable. (Article 100,
Revised Penal Code)

ii. Rules regarding civil liability in certain cases - The exemption fromcriminal liabilityestablished in
subdivisions 1, 2, 3, 5 and 6 of Article 12 and in subdivision 4 of Article11of this Code does not
include exemption from civil liability, which shall be enforcedsubject to the following rules:

(1) In cases of subdivisions 1, 2, and 3 of Article 12, the civil liability for acts committedby an
imbecile or insane person, and by a person under 9 years of age, or by oneover 9but under 15 years
of age, who has acted without discernment, shall devolve uponthose

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 48

CRIMINAL LAW (AND PRACTICAL EXERCISES)
having such person under their legal authority or control, unless it appears that
therewasno fault or negligence on their part.

Should there be no person having such insane, imbecile or minor under his authority, legal
guardianship or control, or if such person be insolvent, said insane, imbecile, orminor shall respond
with their own property, excepting property exempt fromexecution, in accordance with the civil law.

(2) In cases falling within subdivision 4 of Article 11, the persons for whose benefit theharm has
been prevented shall be civilly liable in proportion to the benefit whichtheymay have received.

The courts shall determine, in sound discretion, the proportionate amount for
whicheachone shall be liable.

When the respective shares cannot be equitably determined, even approximately, or whenthe
liability also attaches to the Government, or to the majority of the inhabitants of thetown, and, in all
events, whenever the damages have been caused with the consent of theauthorities or their
agents, indemnification shall be made in the manner prescribedbyspecial laws or regulations.

(3) In cases falling within subdivisions 5 and 6 of Article 12, the persons using violenceorcausing
the fear shall be primarily liable and secondarily, or, if there be no suchpersons, those doing the act
shall be liable, saving always to the latter that part of their propertyexempt from execution. (Article
101, Revised Penal Code)

iii. Subsidiary civil liability of innkeepers, tavernkeepers and proprietors of establishments- In default
of the persons criminally liable, innkeepers, tavernkeepers, and anyotherpersons or corporations
shall be civilly liable for crimes committed in their establishments, in all cases where a violation of
municipal ordinances or some general or special policeregulation shall have been committed by them
or their employees.

Innkeepers are also subsidiarily liable for the restitution of goods taken by robberyor theft within their
houses from guests lodging therein, or for the payment of the value thereof, provided that such
guests shall have notified in advance the innkeeper himself, or theperson representing him, of the
deposit of such goods within the inn; andshall furthermore have followed the directions which such
innkeeper or his representativemayhave given them with respect to the care and vigilance over such
goods. No liabilityshall attach in case of robbery with violence against or intimidation of persons
unlesscommitted by the innkeeper's employees. (Article 102, Revised Penal Code)

iv. Subsidiary civil liability of other persons - The subsidiary liability establishedinthenext preceding
article shall also apply to employers, teachers, persons, and corporationsengaged in any kind of
industry for felonies committed by their servants, pupils, workmen,

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 49

CRIMINAL LAW (AND PRACTICAL EXERCISES)
apprentices, or employees in the discharge of their duties. (Article 103, RevisedPenal Code)

b. Modes of civil liability

i. Matters included in civil liability - The civil liability established in Articles 100, 101, 102, and 103 of
this Code includes:

(1) Restitution;
(2) Reparation of the damage caused;
(3) Indemnification for consequential damages. (Article 104, Revised Penal Code)

ii. Restitution - The restitution of the thing itself must be made whenever possible,
withallowance for any deterioration, or diminution of value as determined by the court.
The thing itself shall be restored, even though it be found in the possession of athirdperson who has
acquired it by lawful means, saving to the latter his action against theproper person, who may be
liable to him.

This provision is not applicable in cases in which the thing has been acquired by thethirdperson in
the manner and under the requirements which, by law, bar an actionfor itsrecovery. (Article 105,
Revised Penal Code)

iii. Reparation - The court shall determine the amount of damage, takingintoconsideration the price
of the thing, whenever possible, and its special sentimental valueto the injured party, and
reparation shall be made accordingly. (Article 106, RevisedPenal Code)

iv. Indemnification - Indemnification for consequential damages shall include not onlythose caused
the injured party, but also those suffered by his family or by a thirdpersonbyreason of the crime.
(Article 107, Revised Penal Code)

v. Obligation to make restoration, reparation for damages, or

indemnificationforconsequential damages and actions to demand the same - The
obligationtomakerestoration or reparation for damages and indemnification for
consequential damagesdevolves upon the heirs of the person liable.

The action to demand restoration, reparation, and indemnification likewise descendstothe heirs
of the person injured. (Article 108, Revised Penal Code)

vi. Share of each person civilly liable - If there are two or more persons civilly liablefor afelony, the
courts shall determine the amount for which each must respond. (Article109, Revised Penal Code)

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 50

CRIMINAL LAW (AND PRACTICAL EXERCISES)
vii. Several and subsidiary liability of principals, accomplices and accessories of a
felony-Notwithstanding the provisions of the next preceding article, the principals, accomplices, and
accessories, each within their respective class, shall be liable severally (insolidum) among
themselves for their quotas, and subsidiaries for those of the other persons liable.

The subsidiary liability shall be enforced, first against the property of the principals; next, against
that of the accomplices, and, lastly, against that of the accessories.

Whenever the liability in solidum or the subsidiary liability has been enforced, thepersonby whom
payment has been made shall have a right of action against the others for theamount of their
respective shares. (Article 110, Revised Penal Code)

viii. Obligation to make restitution in certain cases - Any person who has participatedgratuitously in
the proceeds of a felony shall be bound to make restitution in anamount equivalent to the extent of
such participation. (Article 111, Revised Penal Code)

c. Extinction and survival of civil liability

i. Extinction of civil liability - Civil liability established in Articles 100, 101, 102, and103of this
Code shall be extinguished in the same manner as obligations, in accordancewiththe
provisions of the Civil Law. (Article 112, Revised Penal Code)

ii. Modes of extinguishment

(1) By payment or performance;

(2) By the loss of the thing due;
(3) By the condonation or remission of the debt;
(4) By the confusion or merger of the rights of creditor and debtor; (5) By
compensation;
(6) By novation.

Other causes of extinguishment of obligations, such as annulment, rescission, fulfillment of a

resolutory condition, and prescription, are governed elsewhere in this Code. (Article1231, Civil
Code)

iii. Obligation to satisfy civil liability - Except in case of extinction of his civil liabilityasprovided in the
next preceding article the offender shall continue to be obligedtosatisfythe civil liability resulting from
the crime committed by him, notwithstanding the fact that he has served his sentence consisting of
deprivation of liberty or other rights, or has not been required to serve the same by reason of
amnesty, pardon, commutation of sentenceor any other reason. (Article 113, Revised Penal Code)

THE 2022 BAR BEATLES NOTES PRINCIPLES OF CRIMINAL LAW 51

II. CRIMES UNDER THE REVISED

PENAL CODE(REVISED PENAL CODE -
BOOK2)
 52

CRIMINAL LAW (AND PRACTICAL EXERCISES)

II. CRIMES UNDER THE REVISED PENAL CODE

(REVISED PENAL CODE - BOOK 2)

A. Crimes against national security and laws of nations

1. Treason - Any Filipino citizen who levies war against the Philippines or adheres toherenemies,
giving them aid or comfort within the Philippines or elsewhere, shall bepunished by reclusión
perpetua to death and shall pay a fine not to exceed P4,000,000.

No person shall be convicted of treason unless on the testimony of 2 witnesses at least tothe
same overt act or on confession of the accused in open court.

Likewise, an alien, residing in the Philippines, who commits acts of treason as definedinparagraph 1
of this article shall be punished by reclusión temporal to death and shall payafine not to exceed
P4,000,000. (Article 114, Revised Penal Code, as amended by RepublicAct No. 10951)

a. Elements

i. That the offender is a Filipino citizen or alien residing in the Philippines; ii. That

there is a war in which the Philippines is involved;

iii. That the offender either:

(1) Levies war against the Government, or
(2) Adheres to the enemies, giving them aid or comfort. (Reyes, Revised Penal CodeBook2,
2012 edition, p. 2)

2. Conspiracy and proposal to commit treason - The conspiracy or proposal to commit thecrime of
treason shall be punished respectively, by prisión mayor and a fine not exceedingP2,000,000, and
prisión correccional and a fine not exceeding P1,000,000. (Article115, Revised Penal Code, as
amended by Republic Act No. 10951)

3. Misprision of treason - Every person owing allegiance to the Government of theRepublic of the
Philippines, without being a foreigner, and having knowledgeof anyconspiracy against them,
conceals or does not disclose and make known the same, assoon as possible to the governor or
fiscal of the province, or the mayor or fiscal of thecityin which he resides, as the case may be, shall
be punished as an accessory to the crimeof treason. (Article 116, Revised Penal Code, as amended
by Republic Act No. 10951)

THE 2022 BAR BEATLES NOTES CRIMES UNDER THE REVISED PENAL CODE 53
CRIMINAL LAW (AND PRACTICAL EXERCISES)

a. Elements

i. That the offender must be owing allegiance to the Government and not a foreigner. ii. That he has
knowledge of any conspiracy (to commit treason) against the Government. iii. That he conceals or
does not disclose and make known the same as soon as possibletothe governor or fiscal of the
province or the mayor or fiscal of the city in which he resides. (Reyes, Vol. 2, p. 20)

4. Espionage - The penalty of prisión correccional shall be inflicted upon any personwho:

a. Without authority therefor, enters a warship, fort, or naval or military establishment orreservation
to obtain any information, plans, photographs, or other data of a confidential nature relative to the
defense of the Philippine Archipelago; or

b. Being in possession, by reason of the public office he holds, of the articles, data, orinformation
referred to in the preceding paragraph, discloses their contents toarepresentative of a foreign
nation.

The penalty next higher in degree shall be imposed if the offender be a public officer oremployee.
(Article 117, Revised Penal Code, as amended by Republic Act No. 10951)

5. Inciting to war or giving motives for reprisals - The penalty of reclusión temporal shall be imposed
upon any public officer or employee, and that of prisión mayor uponanyprivate individual, who, by
unlawful or unauthorized acts provokes or gives occasionfor awar involving or liable to involve the
Philippines or exposes Filipino citizens toreprisalson their persons or property. (Article 118, Revised
Penal Code, as amended by RepublicAct No. 10951)
a. Elements

i. That the offender performs unlawful or unauthorized acts. ii. That such acts provoke or give
occasion for a war involving or liable to involvethePhilippines or expose Filipino citizens to reprisals
on their persons or property. (Reyes, Vol. 2, p. 27)

6. Violation of neutrality - The penalty of prisión correccional shall be inflicteduponanyone who, on

the occasion of a war in which the Government is not involved, violatesany regulation issued by
competent authority for the purpose of enforcing neutrality. (Article 119, Revised Penal Code, as
amended by Republic Act No. 10951)

a. Elements

i. That there is a war in which the Philippines is involved;

THE 2022 BAR BEATLES NOTES CRIMES UNDER THE REVISED PENAL CODE 54
CRIMINAL LAW (AND PRACTICAL EXERCISES)
ii. That there is a regulation issued by competent authority for the purpose of enforcingneutrality;
iii. That the offender violates such regulation. (Reyes, Vol. 2, pp. 29-30)

7. Correspondence with hostile country - Any person who in time of war, shall
havecorrespondence with an enemy country or territory occupied by enemy troops shall
bepunished:

i. By prisión correccional, if the correspondence has been prohibited by the Government; ii. By
prisión mayor, if such correspondence be carried on in ciphers or conventional signs; and
iii. By reclusión temporal, if notice or information be given thereby which might beuseful to the enemy.
If the offender intended to aid the enemy by giving such noticeorinformation, he shall suffer the
penalty of reclusión temporal to death. (Article120, Revised Penal Code, as amended by Republic
Act No. 10951)

a. Elements

i. That it is in time of war in which the Philippines is involved;

ii. That the officer makes correspondence with an enemy country or territory occupiedbyenemy
troops;

iii. That the correspondence is either:

(1) Prohibited by the Government, or

(2) Carried on in ciphers or conventional signs, or
(3) Containing notice or information which might be useful to the enemy. (Reyes, Vol. 2, p. 30)

8. Flight to enemy's country - The penalty of arresto mayor shall be inflicted uponanyperson who,
owing allegiance to the Government, attempts to flee or go to anenemycountry when prohibited by
competent authority. (Article 121, Revised Penal Code, asamended by Republic Act No. 10951)
9. Piracy in general and mutiny on the high seas or in Philippine waters - The penaltyof reclusión
perpetua shall be inflicted upon any person who, on the high seas, or inPhilippine waters shall
attack or seize a vessel or, not being a member of its complement nor a passenger, shall seize the
whole or part of the cargo of said vessel, its equipment, or
personal belongings of its complement or passengers.

The same penalty shall be inflicted in case of mutiny on the high seas or in Philippinewaters. (Article
122, Revised Penal Code, as amended by Republic Act No. 10951)

THE 2022 BAR BEATLES NOTES CRIMES UNDER THE REVISED PENAL CODE 55
CRIMINAL LAW (AND PRACTICAL EXERCISES)
a. Modes of committing piracy

i. By attacking or seizing a vessel on the high seas or in Philippine waters; ii. By seizing in the
vessel while on the high seas or in Philippine waters the wholeor part of its cargo, its equivalent or
personal belongings of its complement or passengers. (Reyes, Vol. 2, p. 32)

b. Elements

i. That a vessel is on the high seas or in Philippine waters;

ii. That the offenders are not members of its complement or passengers of the vessel; iii. That

the offenders:

(1) Attack or seize that vessel, or

(2) Seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its
complement or passengers. (Id.)

10. Qualified piracy - The penalty of reclusión temporal to death shall be imposeduponthose
who commit any of the crimes referred to in the preceding article, under anyof thefollowing
circumstances:

a. Whenever they have seized a vessel by boarding or firing upon the same; b. Whenever the
pirates have abandoned their victims without means of savingthemselves; or
c. Whenever the crime is accompanied by murder, homicide, physical injuries or rape. (Article 123,
Revised Penal Code, as amended by Republic Act No. 10951)

B. Crimes against the fundamental law of the State

1. Arbitrary detention - Any public officer or employee who, without legal grounds, detains a person,
shall suffer:

a. The penalty of arresto mayor in its maximum period to prisión correccional initsminimum
period, if the detention has not exceeded 3 days;
b. The penalty of prisión correccional in its medium and maximumperiods, if thedetention has
continued more than 3 but not more than 15 days; c. The penalty of prisión mayor, if the detention
has continued for more than 15days but not more than 6 months; and
d. That of reclusión temporal, if the detention shall have exceeded 6 months.

The commission of a crime, or violent insanity or any other ailment requiringthecompulsory

confinement of the patient in a hospital, shall be considered legal grounds for

THE 2022 BAR BEATLES NOTES CRIMES UNDER THE REVISED PENAL CODE 56
CRIMINAL LAW (AND PRACTICAL EXERCISES)
the detention of any person. (Article 124, Revised Penal Code, as amended by RepublicAct No.
10951)

2. Delay in the delivery of detained persons to the proper judicial authorities - Thepenalties
provided in the next preceding article shall be imposed upon the publicofficeror employee who
shall detain any person for some legal ground and shall fail todeliversuch person to the proper
judicial authorities within the period of: 12 hours, for crimesoroffenses punishable by light
penalties, or their equivalent; 18 hours, for crimes or offensespunishable by correctional penalties,
or their equivalent and 36 hours, for crimes, oroffenses punishable by afflictive or capital
penalties, or their equivalent.

In every case, the person detained shall be informed of the cause of his detentionandshall be
allowed upon his request, to communicate and confer at any time withhisattorney or counsel. (Article
125, Revised Penal Code, as amended by Republic Act No. 10951)

a. Elements

i. That the offender is a public officer or employee;

ii. That he has detained a person for some legal ground;

iii. That he fails to deliver such person to the proper judicial authorities within:

(1) 12 hours, for crimes or offenses punishable by light penalties, or their equivalent; or (2) 18
hours, for crimes or offenses punishable by correctional penalties, or theirequivalent; or
(3) 36 hours, for crimes or offenses punishable by afflictive or capital penalties, or
theirequivalent. (Reyes, Vol. 2, p. 53)

3. Delaying release - The penalties provided for in Article 124 shall be imposeduponanypublic
officer or employee who delays for the period of time specified thereintheperformance of any
judicial or executive order for the release of a prisoner or detentionprisoner, or unduly delays the
service of the notice of such order to said prisoner or theproceedings upon any petition for the
liberation of such person. (Article 126, RevisedPenal Code, as amended by Republic Act No.
10951)

a. Acts punishable

i. By delaying the performance of a judicial or executive order for the release of a prisoner. ii. By
unduly delaying the service of the notice of such order to said prisoner. iii. By unduly delaying the
proceedings upon any petition for the liberation of suchperson. (Reyes, Vol. 2, p. 61)

THE 2022 BAR BEATLES NOTES CRIMES UNDER THE REVISED PENAL CODE 57
CRIMINAL LAW (AND PRACTICAL EXERCISES)
b. Elements

i. That the offender is a public officer or employee.

ii. That there is a judicial or executive order for the release of a prisoner or detentionprisoner, or that
there is a proceeding upon a petition for the liberation of such person.

iii. That the offender without good reason delays:

(1) The service of the notice of such order to the prisoner; or

(2) The performance of such judicial or executive order for the release of the prisoner; or (3) The
proceedings upon a petition for the release of such person. (Ibid., p. 62)

4. Expulsion - The penalty of prisión correccional shall be imposed upon any publicofficeror
employee who, not being thereunto authorized by law, shall expel any personfromthePhilippines
or shall compel such person to change his residence. (Article 127, RevisedPenal Code, as
amended by Republic Act No. 10951)

a. Acts punishable

i. By expelling a person from the Philippines.

ii. By compelling a person to change his residence. (Reyes, Vol. 2, p. 62) b. Elements

i. That the offender is a public officer or employee.

ii. That he expels any person from the Philippines, or compels a person to changehisresidence.
iii. That the offender is not authorized to do so by law. (Ibid., p. 63)

5. Violation of domicile - The penalty of prisión correccional in its minimumperiodshall be imposed

upon any public officer or employee who, not being authorized by judicial order, shall enter any
dwelling against the will of the owner thereof, search papersorother effects found therein without the
previous consent of such owner, or havingsurreptitiously entered said dwelling, and being required to
leave the premises, shall refuse to do so.

If the offense be committed in the night-time, or if any papers or effects not constitutingevidence of a
crime be not returned immediately after the search made by the offender, the penalty shall be prisión
correccional in its medium and maximumperiods. (Article128, Revised Penal Code, as amended by
Republic Act No. 10951)
 THE 2022 BAR BEATLES NOTES CRIMES UNDER THE REVISED PENAL CODE 58
CRIMINAL LAW (AND PRACTICAL EXERCISES)
a. Acts punishable

i. By entering any dwelling against the will of the owner thereof; or ii. By searching papers or
other effects found therein without the previous consent of suchowner; or
iii. By refusing to leave the premises, after having surreptitiously entered said dwellingandafter
having been required to leave the same. (Reyes, Vol. 2, p. 64)

b. Elements common to 3 acts

i. That the offender is a public officer or employee.

ii. That he is not authorized by judicial order to enter the dwelling and/or tomakeasearch
therein for papers or other effects. (Id.)

6. Search warrants maliciously obtained and abuse in the service of those legally obtained- In
addition to the liability attaching to the offender for the commission of anyotheroffense, the penalty of
arresto mayor in its maximum period to prisión correccional initsminimum period and a fine not
exceeding P200,000 shall be imposed upon anypublicofficer or employee who shall procure a search
warrant without just cause, or, havinglegally procured the same, shall exceed his authority or use
unnecessary severityinexecuting the same. (Article 129, Revised Penal Code, as amended by
Republic Act No. 10951)

a. Elements

using
By procuring a search warrant By exceeding his authority or by just
withoutcause unnecessary severity in
executingwarrant legally
procured

i. That the offender is a public officer oremp i. That the offender is a public officer oremp
ii. That he procures a search warrant.iii. Tha ii. That he has legally
there is no just cause. (Reyes,2, p. 67) procuredasearchwarrant.

Vol.
iii. That he exceeds his
authorityunnecessary severity in
executing(Ibid., p. 71)

asearch
 or uses
thesame.

7. Searching domicile without witnesses - The penalty of arresto mayor in its mediumandmaximum
periods shall be imposed upon a public officer or employee who, incaseswhere a search is proper,
shall search the domicile, papers or other belongings of anyperson, in the absence of the latter, any
member of his family, or in their default, without the presence of two witnesses residing in the same
locality. (Article 130, RevisedPenal Code, as amended by Republic Act No. 10951)

THE 2022 BAR BEATLES NOTES CRIMES UNDER THE REVISED PENAL CODE 59
CRIMINAL LAW (AND PRACTICAL EXERCISES)
a. Elements

i. That the offender is a public officer or employee.

ii. That he is armed with search warrant legally procured.
iii. That he searches the domicile, papers or other belongings of any person. iv. That the owner,
or any member of his family, or two witnesses residing inthesamelocality are not present. (Reyes,
Vol. 2, p. 72)

8. Prohibition, interruption and dissolution of peaceful meetings - The penalty of prisióncorreccional

in its minimum period shall be imposed upon any public officer or employeewho, without legal
ground, shall prohibit or interrupt the holding of a peaceful meeting, orshall dissolve the same.

The same penalty shall be imposed upon a public officer or employee who shall hinderany person
from joining any lawful association or from attending any of its meetings.

The same penalty shall be imposed upon any public officer or employee whoshall prohibit or hinder
any person from addressing, either alone or together with others, anypetition to the authorities for
the correction of abuses or redress of grievances. (Article131, Revised Penal Code, as amended by
Republic Act No. 10951)

a. Acts punishable

i. By prohibiting or by interrupting, without legal ground, the holding of a peaceful meeting, or by

dissolving the same.
ii. By hindering any person from joining any lawful association or fromattending anyof itsmeetings.
iii. By prohibiting or hindering any person from addressing, either alone or together withothers, any
petition to the authorities for the correction of abuses or redress of grievances. (Reyes, Vol. 2, p. 74)

b. Elements common to 3 acts

i. That the offender is a public officer or employee; and ii. That he performs any of
the acts mentioned above. (Ibid., p. 75)

9. Interruption of religious worship - The penalty of prisión correccional in its minimumperiod shall
be imposed upon any public officer or employee who shall prevent or disturbthe ceremonies or
manifestations of any religion.

If the crime shall have been committed with violence or threats, the penalty shall beprisión
correccional in its medium and maximum periods. (Article 132, RevisedPenal Code, as amended by
Republic Act No. 10951)

THE 2022 BAR BEATLES NOTES CRIMES UNDER THE REVISED PENAL CODE 60
CRIMINAL LAW (AND PRACTICAL EXERCISES)
a. Elements

i. That the offender is a public officer or employee.

ii. That religious ceremonies or manifestations of any religion are about to take placeorare going on.
iii. That the offender prevents or disturbs the same.
iv. Qualifying circumstance - If the crime is committed with violence or threats. (Reyes, Vol. 2, p. 79)

10. Offending the religious feelings - The penalty of arresto mayor in its maximumperiodto prisión
correccional in its minimum period shall be imposed upon anyone who, inaplace devoted to
religious worship or during the celebration of any religious ceremonyshall perform acts notoriously
offensive to the feelings of the faithful. (Article 133, RevisedPenal Code, as amended by Republic
Act No. 10951)

a. Elements

i. That the acts complained of were performed:

(1) In a place devoted to religious worship, or

(2) During the celebration of any religious ceremony.

ii. That the acts must be notoriously offensive to the feelings of the faithful. (Reyes, Vol. 2, p. 79)

C. Crimes against public order

1. Rebellion or insurrection - The crime of rebellion or insurrection is committedbyrisingpublicly and

taking arms against the Government for the purpose of removing fromtheallegiance to said
Government or its laws, the territory of the Philippines or anypart thereof, of any body of land, naval
or other armed forces, depriving the Chief Executiveorthe Legislature, wholly or partially, of any of
their powers or prerogatives. (Article134, Revised Penal Code, as amended by Republic Act No.
10951)
 THE 2022 BAR BEATLES NOTES CRIMES UNDER THE REVISED PENAL CODE 61
CRIMINAL LAW (AND PRACTICAL EXERCISES)
a. Distinction between rebellion and insurrection
Rebellion Insurrection

It is more frequently used where theof the It is more commonly employed inreferencet
movement is completelyoverthrow and supe movement which seeks merely
thegovernment. object
some change of minor importance
to
prevent the exercise of governmental
existing
authority with respect to particular matterso
subjects.

toeffect
to

(Reyes, Vol. 2, pp. 85-86)

b. Elements

i. That there be:

(1) Public uprising, and

(2) Taking arms against the Government.

ii. That the purpose of the uprising or movement is either:

(1) To remove from the allegiance to said Government or its laws:

(a) The territory of the Philippines or any part thereof; or
(b) Any body of land, naval or other armed forces; or

(2) To deprive the Chief Executive or Congress, wholly or partially, of any of their powersor
prerogatives. (Ibid., p. 85)

2. Coup d'etat - The crime of coup d'etat is a swift attack accompanied by violence, intimidation,
threat, strategy or stealth, directed against duly constituted authorities of theRepublic of the
Philippines, or any military camp or installation, communications network, public utilities or other
facilities needed for the exercise and continued possessionof power, singly or simultaneously carried
out anywhere in the Philippines by any personorpersons, belonging to the military or police or
holding any public office or employment with or without civilian support or participation for the
purpose of seizing or diminishingstate power. (Article 134-A, Revised Penal Code, as amended by
Republic Act No. 10951)

a. Elements

i. That the offender is a person or persons belonging to the military or police or holdingany public
office or employment;
ii. That it is committed by means of a swift attack, accompanied by violence, intimidation, threat,
strategy or stealth;

THE 2022 BAR BEATLES NOTES CRIMES UNDER THE REVISED PENAL CODE 62
CRIMINAL LAW (AND PRACTICAL EXERCISES)
iii. That the attack is directed against duly constituted authorities of the Republicof
thePhilippines, or any military camp or installation, communication networks, publicutilitiesor
other facilities needed for the exercise and continued possession of power; iv. That the purpose
of the attack is to seize or diminish state power. (Reyes, Vol. 2, p. 91)

NOTE: The crime of coup d’etat may be committed with or without civilian participation. (Ibid., p. 92)

b. Persons liable for rebellion, insurrection and coup d’etat

Persons liable Penalty

Any person who promotes, or

maintains,heads rebellion or Reclusión perpetua
insurrection

Any person merely participatingexecuting or

the commands of othersrebellion Reclusión temporal
in a

Any person who leads or in anydirects or manner

commands others to undertakecoup d'etat Reclusión perpetua
a
Any person in the government who
serviceparticipates, or executes or
directionscommands of others in Reclusión temporal in its maximumperiod
undertakingcoupd'etat a

Any person not in the government servicew manner

participates, or in anysupports, finances, ab Prisión mayor in its maximumperiod
or aidsundertaking a coup d'etat in

(Article 135, Revised Penal Code, as amended by Republic Act No. 10951)

NOTE: When the rebellion, insurrection, or coup d'etat shall be under the commandof unknown
leaders, any person who in fact directed the others, spoke for them, signedreceipts and other
documents issued in their name, as performed similar acts, onbehalf of the rebels shall be deemed
a leader of such a rebellion, insurrection, or coup d'etat. (Id.)

3. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection- Theconspiracy and
proposal to commit coup d'etat shall be punished by prisión mayor initsminimum period and a fine
which shall not exceed P1,000,000.

The conspiracy and proposal to commit rebellion or insurrection shall be punishedrespectively, by

prisión correccional in its maximum period and a fine whichshall not exceed P1,000,000 and by
prisión correccional in its medium period and a finenot

THE 2022 BAR BEATLES NOTES CRIMES UNDER THE REVISED PENAL CODE 63
CRIMINAL LAW (AND PRACTICAL EXERCISES)
exceeding P400,000. (Article 136, Revised Penal Code, as amended by Republic Act No. 10951)

4. Disloyalty of public officers or employees - The penalty of prisión correccional initsminimum period
shall be imposed upon public officers or employees who have failedtoresist a rebellion by all the
means in their power, or shall continue to discharge thedutiesof their offices under the control of the
rebels or shall accept appointment to officeunderthem. (Article 137, Revised Penal Code, as
amended by Republic Act No. 10951)

a. Acts of disloyalty punishable

i. By failing to resist a rebellion by all the means in their power; or ii. By continuing to discharge the
duties of their offices under the control of the rebels; or iii. By accepting appointment to office under
them. (Reyes, Vol. 2, p. 101)

5. Inciting to rebellion or insurrection - The penalty of prisión mayor in its minimumperiod shall be
imposed upon any person who, without taking arms or being inopenhostility against the Government,
shall incite others to the execution of any of theactsspecified in Article 134 of this Code, by means of
speeches, proclamations, writings, emblems, banners or other representations tending to the same
end. (Article 138, RevisedPenal Code, as amended by Republic Act No. 10951)

a. Elements

i. That the offender does not take arms or is not in open hostility against the Government; ii. That he
incites others to the execution of any of the acts of rebellion; iii. That the inciting is done by means
of speeches, proclamations, writings, emblems, banners or other representations tending to the
same end. (Reyes, Vol. 2, p. 102)

6. Sedition - The crime of sedition is committed by persons who rise publiclyandtumultuously in order
to attain by force, intimidation, or by other means outside of legal methods, any of the following
objects:

a. To prevent the promulgation or execution of any law or the holding of any popularelection;
b. To prevent the National Government, or any provincial or municipal government orany public
officer thereof from freely exercising its or his functions, or prevent theexecution of any
administrative order;
c. To inflict any act of hate or revenge upon the person or property of any public officer oremployee;
d. To commit, for any political or social end, any act of hate or revenge against privatepersons
or any social class; and

THE 2022 BAR BEATLES NOTES CRIMES UNDER THE REVISED PENAL CODE 64
CRIMINAL LAW (AND PRACTICAL EXERCISES)
e. To despoil, for any political or social end, any person, municipality or province, or theNational
Government, of all its property or any part thereof. (Article 139, RevisedPenal Code, as amended
by Republic Act No. 10951)
a. Elements

i. That the offender rise publicly and tumultuously;

ii. That they employ force, intimidation, or other means outside of legal methods; iii. That the
offenders employ any of those means to attain any of the followingenumerated objects. (Reyes,
Vol. 2, p. 103)

b. Persons liable for sedition

7. Inciting to sedition - The penalty of prisión

Persons liable
correccional in its maximumperiodandafine not
Leader of a sedition Priexceeding P400,000 shall be imposed upon any
minperson who, without takingany
P2,

Other persons participating ther Pri

ma
P1

(Article 140, Revised Penal Code, as amended b

Conspiracy to commit sedition Pri

a fi

(Article 141, Revised Penal Code, as amended b

direct part in the crime of sedition, should incite others to the accomplishment of anyof the acts which
constitute sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or
other representations tending to the same end, or uponany person or persons who shall utter
seditious words or speeches, write, publish, orcirculate scurrilous libels against the Government, or
any of the duly constitutedauthorities thereof, or which tend to disturb or obstruct any lawful officer in
executingthefunctions of his office, or which tend to instigate others to cabal and meet together
forunlawful purposes, or which suggest or incite rebellious conspiracies or riots, or whichlead or tend
to stir up the people against the lawful authorities or to disturb the peaceof the community, the safety
and order of the Government, or who shall knowingly conceal such evil practices. (Article 142,
Revised Penal Code, as amended by Republic Act No. 10951)

THE 2022 BAR BEATLES NOTES CRIMES UNDER THE REVISED PENAL CODE 65
 CRIMINAL LAW (AND PRACTICAL EXERCISES)
a. Elements

i. Inciting others to the accomplishment of any of the acts which constitute seditionbymeans of
speeches, proclamations, writings, emblems, etc.

(1) That the offender does not take direct part in the crime of sedition. (2) That he incites others to the
accomplishment of any of the acts which constitutesedition.
(3) That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons,
banners, or other representations tending to the same end.

ii. Uttering seditious words or speeches which tend to disturb the public peace.

iii. Writing, publishing, or circulating scurrilous libels against the Government or anyof the duly
constituted authorities thereof, which tend to disturb the public peace.

(1) They tend to disturb or obstruct any lawful order in executing the functions of his office; or
(2) They tend to instigate others to cabal and meet together for unlawful purposes; or (3) They
suggest or incite rebellious conspiracies or riots; or
(4) They lead or tend to stir up the people against the lawful authorities or to disturbthepeace of the
community, the safety and order of the Government. (Reyes, Vol. 2, pp. 110- 112)

NOTE: Scurrilous means low, vulgar, mean or foul. (Ibid., p. 111)

8. Acts tending to prevent the meeting of Congress and similar bodies - The penaltyof prisión
correccional or a fine ranging from P40,000 to P400,000, or both, shall beimposed upon any person
who, by force or fraud, prevents the meeting of Congress or of any of its committees or
subcommittees, Constitutional Commissions or committeesordivisions thereof, or of any provincial
board or city or municipal council or board. (Article143, Revised Penal Code, as amended by
Republic Act No. 10951)

a. Elements

i. That there be a projected or actual meeting of Congress or any of its

committeesorsubcommittees, constitutional commissions or committees or divisions thereof, or
of anyprovincial board or city or municipal council or board.
ii. That the offender who may be any person prevents such meeting by force or fraud. (Reyes, Vol.
2, pp. 116-117)

9. Disturbance of proceedings - The penalty of arresto mayor or a fine fromP40,000toP200,000

shall be imposed upon any person who disturbs the meetings of Congress or of any of its
committees or subcommittees, Constitutional Commissions or committeesor

THE 2022 BAR BEATLES NOTES CRIMES UNDER THE REVISED PENAL CODE 66
CRIMINAL LAW (AND PRACTICAL EXERCISES)
divisions thereof, or of any provincial board or city or municipal council or board, or inthe presence
of any such bodies should behave in such manner as to interrupt itsproceedings or to impair the
respect due it. (Article 144, Revised Penal Code, as amendedby Republic Act No. 10951)

a. Elements

i. That there be a meeting of Congress or any of its committees or subcommittees, constitutional

commissions or committees or divisions thereof, or of any provincial boardor city or municipal
council or board.

ii. That the offender does any of the following acts:

(1) He disturbs any of such meetings.

(2) He behaves while in the presence of any such bodies in such a manner as tointerrupt its
proceedings or to impair the respect due it. (Reyes, Vol. 2, p. 118)

10. Violation of parliamentary immunity - The penalty of prisión mayor shall be imposedupon any
person who shall use force, intimidation, threats, or fraud to prevent anymember of the Congress of
the Philippines from attending the meetings of the Congressorof any of its committees or
subcommittees, constitutional commissions or committeesordivisions thereof, from expressing his
opinions or casting his vote; and the penaltyof prisión correccional shall be imposed upon any public
officer or employee whoshall, while the Congress is in regular or special session, arrest or search
any member thereof, except in case such member has committed a crime punishable under this
Codebyapenalty higher than prisión mayor. (Article 145, Revised Penal Code, as
amendedbyRepublic Act No. 10951)

a. Elements

i. By using force, intimidation, threats, or frauds to prevent any member of Congress fromexercising
their functions

(1) That the offender uses force, intimidation, threats or fraud;

(2) That the purpose of the offender is to prevent any member of Congress from:

(a) Attending the meetings of Congress or of any of its committees or subcommittees, constitutional
commissions or committees or divisions thereof; or (b) Expressing his opinions; or
(c) Casting his vote.

THE 2022 BAR BEATLES NOTES CRIMES UNDER THE REVISED PENAL CODE 67
CRIMINAL LAW (AND PRACTICAL EXERCISES)
ii. By arresting or searching any member of Congress while the same is in session

(1) That the offender is a public officer or employee;

(2) That he arrests or searches any member of Congress;
(3) That the Congress, at the time of arrest or search, is in regular or special session; (4) That the
member arrested or searched has not committed a crime punishable under theCode by a penalty
higher than prisión mayor. (Reyes, Vol. 2, pp. 119-120)

NOTE: A Senator or Member of the House of Representatives shall, in all offensespunishable by

not more than 6 years imprisonment, be privileged fromarrest whiletheCongress is in session.
(Article VI, Section 11, 1987 Constitution)

11. Illegal assemblies - The penalty of prisión correccional in its maximumperiodtoprisión mayor in
its medium period shall be imposed upon the organizers or leaders of anymeeting attended by
armed persons for the purpose of committing any of thecrimespunishable under this Code, or of
any meeting in which the audience is incitedtothecommission of the crime of treason, rebellion or
insurrection, sedition or assault uponaperson in authority or his agents. Persons merely present at
such meeting shall suffer thepenalty of arresto mayor, unless they are armed, in which case the
penalty shall beprisióncorreccional.

If any person present at the meeting carries an unlicensed firearm, it shall be presumedthat the
purpose of said meeting, insofar as he is concerned, is to commit acts punishableunder this Code,
and he shall be considered a leader or organizer of the meetingwithinthe purview of the preceding
paragraph.

As used in this article, the word "meeting" shall be understood to include a gatheringorgroup,
whether in a fixed place or moving. (Article 146, Revised Penal Code, as amendedby Republic
Act No. 10951)

a. Elements

i. Any meeting attended by armed persons for the purpose of committing any of
thecrimespunishable under the Code.

(1) That there is a meeting, a gathering or group of persons, whether in a fixedplaceormoving;

(2) That the meeting is attended by armed persons;
(3) That the purpose of the meeting is to commit any of the crimes punishable under theCode.

THE 2022 BAR BEATLES NOTES CRIMES UNDER THE REVISED PENAL CODE 68
CRIMINAL LAW (AND PRACTICAL EXERCISES)
ii. Any meeting in which the audience, whether armed or not, is incited to the commissionof the
crime of treason, rebellion or insurrection, sedition, or assault upon a personinauthority or his
agents.

(1) That there is a meeting, a gathering or group of persons, whether in a fixedplaceormoving;

(2) That the audience whether armed or not, is incited to the commission of the crimeof treason,
rebellion or insurrection, sedition or direct assault. (Reyes, Vol. 2, pp. 122-123)

b. Persons liable for illegal assembly

 i. The organizers or leaders of the meeting.
ii. Persons merely present at the meeting. (Ibid., p. 124)

c. Responsibility of persons merely present at the meeting

d. Responsibility of persons present at the meeting

Si
with unlicensed firearms
If the persons merely present at the meetin

If they carry arms, like bolos or knive

(Id.)

i. It is presumed that the purpose of the meeting insofar as he is concerned, is tocommit acts
punishable under the Code; and
ii. He is considered a leader or organizer of the meeting. (Id.)

12. Illegal associations - The penalty of prisión correccional in its minimumandmediumperiods and a
fine not exceeding P200,000 shall be imposed upon the founders, directors, and presidents of
associations totally or partially organized for the purpose of committingany of the crimes punishable
under this Code or for some purpose contrary topublicmorals. Mere members of said associations
shall suffer the penalty of arrestomayor. (Article 147, Revised Penal Code, as amended by Republic
Act No. 10951)

a. Kinds of illegal associations

i. Associations totally or partially organized for the purpose of committing anyof thecrimes
punishable under the Code.
ii. Associations totally or partially organized for some purpose contrary to public morals. (Reyes, Vol.
2, p. 125)

THE 2022 BAR BEATLES NOTES CRIMES UNDER THE REVISED PENAL CODE 69
CRIMINAL LAW (AND PRACTICAL EXERCISES)
b. Persons liable for illegal association
Persons liable Penalty
 Founders, directors and president Prisión correccional in its minimumand the
ofassociation medium periods and a fine not
exceedingP200,000

Mere members of the association Arresto mayor

(Article 147, Revised Penal Code, as amended by Republic Act No. 10951)

13. Direct assaults - Any person or persons who, without a public uprising, shall employ force or
intimidation for the attainment of any of the purposes enumerated in definingthecrimes of rebellion
and sedition, or shall attack, employ force, or seriously intimidateorresist any person in authority or
any of his agents, while engaged in the performanceof official duties, or on occasion of such
performance, shall suffer the penalty of prisióncorreccional in its medium and maximum periods and
a fine not exceeding P200,000, when the assault is committed with a weapon or when the offender
lays handuponaperson in authority. If none of these circumstances be present, the penalty of
prisióncorreccional in its minimum period and a fine not exceeding P100,000 shall be imposed.
(Article 148, Revised Penal Code, as amended by Republic Act No. 10951)

a. Elements

i. Without public uprising, by employing force or intimidation for the attainment of anyof the
purposes enumerated in defining the crimes of rebellion and sedition.

(1) That the offender employs force or intimidation.

(2) That the aim of the offender is to attain any of the purposes of the crime of rebellionorany of
the objects in the crime of sedition.
(3) That there is no public uprising.

ii. Without public uprising, by attacking, by employing force, or by seriously intimidatingor

seriously resisting any person in authority or any of his agents, while engagedintheperformance
of official duties, or on the occasion of such performance.

(1) That the offender:

(a) Makes an attack,

(b) Employs force,
(c) Makes a serious intimidation, or
(d) Makes a serious resistance.

(2) That the person assaulted is a person in authority or his agent.

 THE 2022 BAR BEATLES NOTES CRIMES UNDER THE REVISED PENAL CODE 70
CRIMINAL LAW (AND PRACTICAL EXERCISES)
(3) That at the time of the assault the person in authority or his agent:

(a) Is engaged in the actual performance of official duties, or that he is assaulted, or (b) By
reason of the past performance of official duties.

(4) That the offender knows that the one he is assaulting is a person in authorityor hisagent in the
exercise of his duties.

(5) That there is no public uprising. (Reyes, Vol. 2, pp. 130-131) iii. Qualified

direct assault

(1) When the assault is committed with a weapon; or

(2) When the offender is a public officer or employee; or
(3) When the offender lays hands upon a person in authority. (Ibid., p. 146) b. Persons in

authority

i. Any person directly vested with jurisdiction, whether as an individual or as a member of some
court or governmental corporation, board, or commission;
ii. A barrio captain and a barangay chairman;
iii. Teachers, professors and persons charged with the supervision of public or dulyrecognized
private schools, colleges and universities;
iv. Lawyers in the actual performance of their professional duties or on the occasionof such
performance; (Article 152, Revised Penal Code, as amended by Republic Act No. 10951) and
v. The punong barangay, sangguniang barangay members, and members of
thelupongtagapamayapa in each barangay. (Section 388, Republic Act No. 7160, Local Government
Code of 1991)

c. Agents of persons in authority

i. A person who, by direct provision of law or by election or by appointment bycompetent authority,

is charged with the maintenance of public order and the protectionand security of life and property,
such as a barrio councilman, barrio policemanandbarangay leader;
ii. Any person who comes to the aid of persons in authority. (Article 152, RevisedPenal Code, as
amended by Republic Act No. 10951)
iii. Other barangay officials and members who may be designated by lawor ordinanceand charged
with the maintenance of public order, protection and security of lifeandproperty, or the maintenance
of a desirable and balanced environment; and iv. Any barangay member who comes to the aid of
persons in authority. (Section388, Local Government Code of 1991)
 THE 2022 BAR BEATLES NOTES CRIMES UNDER THE REVISED PENAL CODE 71
CRIMINAL LAW (AND PRACTICAL EXERCISES)
14. Indirect assaults - The penalty of prisión correccional in its minimumandmediumperiods and a fine
not exceeding P100,000 shall be imposed upon any person whoshall make use of force or
intimidation upon any person coming to the aid of the authoritiesortheir agents on occasion of the
commission of any of the crimes defined inthenext preceding article. (Article 149, Revised Penal
Code, as amended by Republic Act No. 10951)

a. Elements

i. That a person in authority or his agent is the victim of any of the forms of direct assault defined in
Article 148.
ii. That a person comes to the aid of such authority or his agent.
iii. That the offender makes use of force or intimidation upon such person comingtotheaid of the
authority or his agent. (Reyes, Vol. 2, p. 147)

15. Disobedience to summons issued by Congress, its committees or subcommittees, bythe

Constitutional Commissions, its committees, subcommittees or divisions - Thepenaltyof arresto
mayor or a fine ranging from P40,000 to P200,000, or both suchfineandimprisonment, shall be
imposed upon any person who, having been duly summonedtoattend as a witness before Congress,
its special or standing committees and subcommittees, the Constitutional Commissions and its
committees, subcommittees, or divisions, or beforeany commission or committee chairman or
member authorized to summon witnesses, refuses, without legal excuse to obey such summons or
being present before anysuchlegislative or constitutional body or official, refuses to be sworn or
placedunderaffirmation or to answer any legal inquiry or to produce any books, papers, documents,
orrecords in his possession, when required by them to do so in the exercise of theirfunctions. The
same penalty shall be imposed upon any person who shall restrainanotherfrom attending as a
witness, or who shall induce disobedience to summons or refusal tobe sworn by any such body or
official. (Article 150, Revised Penal Code, as amendedbyRepublic Act No. 10951)

a. Acts punished as disobedience to Congress or its committees or constitutional commissions

i. By refusing, without legal excuse, to obey summons of Congress, its special or

standingcommittees and subcommittees, the Constitutional Commissions and its committees,
subcommittees or divisions, or by any commission or committee chairman or memberauthorized to
summon witnesses.

ii. By refusing to be sworn or placed under affirmation while being before such legislativeor
constitutional body or official.
 THE 2022 BAR BEATLES NOTES CRIMES UNDER THE REVISED PENAL CODE 72
CRIMINAL LAW (AND PRACTICAL EXERCISES)
iii. By refusing to answer any legal inquiry or to produce any books, papers, documents, or records in
his possession, when required by them to do so in the exercise of theirfunctions.

iv. By restraining another from attending as a witness in such legislative or constitutional body.

v. By inducing disobedience to a summons or refusal to be sworn by any suchbodyorofficial.

(Reyes, Vol. 2, p. 149)

16. Resistance and disobedience to a person in authority or the agents of suchperson-The penalty
of arresto mayor and a fine not exceeding P100,000 shall be imposeduponany person who not
being included in the provisions of the preceding articles shall resist or seriously disobey any person
in authority or the agents of such person while engagedinthe performance of official duties.

When the disobedience to an agent of a person in authority is not of a serious nature, thepenalty
of arresto menor or a fine ranging from P2,000 to P20,000 shall be imposeduponthe offender.
(Article 151, Revised Penal Code, as amended by Republic Act No. 10951)

a. Elements

i. Resistance and serious disobedience

(1) That a person in authority or his agent is engaged in the performance of official
dutyorgives a lawful order to the offender.
(2) That the offender resists or seriously disobeys such person in authority or his agent. (3)
That the act of the offender is not included in the provisions of Articles 148, 149, and150.

ii. Simple disobedience

(1) That a person in authority or his agent is engaged in the performance of official
dutyorgives a lawful order to the offender.
(2) That the offender disobeys such agent of a person in authority. (3) That such disobedience is
not of a serious nature. (Reyes, Vol. 2, pp. 151, 153)

17. Tumults and other disturbances of public order and tumultuous disturbanceorinterruption liable
to cause disturbance - The penalty of arresto mayor in its mediumperiod to prisión correccional in
its minimum period and a fine not exceeding P200,000shall be imposed upon any person who shall
cause any serious disturbance inapublicplace, office, or establishment, or shall interrupt or disturb
public performances, functionsor gatherings, or peaceful meetings, if the act is not included in the
provisions of Articles131 and 132.
 THE 2022 BAR BEATLES NOTES CRIMES UNDER THE REVISED PENAL CODE 73
CRIMINAL LAW (AND PRACTICAL EXERCISES)

The penalty next higher in degree shall be imposed upon persons causing any disturbanceor
interruption of a tumultuous character.

The disturbance or interruption shall be deemed to be tumultuous if caused by morethan3 persons

who are armed or provided with means of violence.

The penalty of arresto mayor shall be imposed upon any person who in any meeting, association, or
public place, shall make any outcry tending to incite rebellion or seditionor in such place shall display
placards or emblems which provoke a disturbanceof thepublic order.

The penalty of arresto menor and a fine not to exceed P40,000 shall be imposeduponthese persons
who in violation of the provisions contained in the last clause of Article85, shall bury with pomp the
body of a person who has been legally executed. (Article153, Revised Penal Code, as amended by
Republic Act No. 10951)

a. Forms of tumults and other disturbances of public order

i. Causing any serious disturbance in a public place, office or establishment; ii. Interrupting or
disturbing performances, functions or gatherings, or peaceful meetings, if the act is not included in
Articles 131 and 132;
iii. Making any outcry tending to incite rebellion or sedition in any meeting,
associationorpublic place;
iv. Displaying placards or emblems which provoke a disturbance of public order insuchplace;
v. Burying with pomp the body of a person who has been legally executed. (Reyes, Vol. 2, p. 160)

18. Unlawful use of means of publication and unlawful utterances - The penalty of arrestomayor
and a fine ranging from P40,000 to P200,000 shall be imposed upon:

a. Any person who by means of printing, lithography, or any other means of publicationshall
publish or cause to be published as news any false news which may endanger thepublic order, or
cause damage to the interest or credit of the State;

b. Any person who by the same means, or by words, utterances or speeches shall encourage
disobedience to the law or to the constituted authorities or praise, justify, orextol any act punished
by law;

c. Any person who shall maliciously publish or cause to be published any official resolution or
document without proper authority, or before they have been publishedofficially; or

THE 2022 BAR BEATLES NOTES CRIMES UNDER THE REVISED PENAL CODE 74