ART 49 ART 50 -57

RULES AS TO THE PENALTY IMPOSED WHEN THE DIAGRAM OF THE APPLICATION OF ART 50-57
CRIME COMMITTED IS DIFFERENT FROM THAT Consummate Frustrated Attempted
INTENDED d
1. If the penalty for the felony committed be Principals 0 1 2
HIGHER than the penalty for the offense Accomplices 1 2 3
which the accused intended to commit, the Accessories 2 3 4
LOWER penalty shall be imposed in its MAX *0 represents the penalty prescribed by law in
period defining a crime which is to be imposed on the
2. If the penalty for the felony committed be principal in a consummated offense
LOWER than the penalty for the offense
which the accused intended to commit, the EXCEPTION TO THE RULES IN ART 50-57
LOWER penalty shall be imposed in its MAX The law expressly prescribed the penalty for a
period frustrated or attempted felony, or to be imposed
3. If the act committed also constitutes an upon accomplices or accessories
attempt or frustration of another crime, and
the law prescribes a higher penalty for BASES FOR THE DETERMINATION OF THE EXTENT
either of the latter, the penalty for the OF PENALTY TO BE IMPOSED UNDER THE RPC
attempted or frustrated crime shall be 1. The stages REACHED by the crime in its
imposed in its MAX period development (attempted, frustrated or
*rule no.3 is not necessary (REASON: they consummated)
may as well be covered by Art 48 in view of 2. PARTICIPATION of the persons liable
the fact that the same act committed by the 3. Aggravating or mitigating circumstances
guilty person, which gives rise to one crime, which attended the commission f the crime
also constitutes an attempt or a frustration
of another crime)  Degree – one entire penalty, one whole
penalty or one unit of the penalties
*Art 49 has reference to the provision of the 1 st par enumerated in the graduated scales
of Art 4 provided for in Art 71
*Art 49 applies only when there is a mistake in the  Period – one of the 3 equal portions of a
identity of the victim of the crime and the penalty divisible penalty (min, med, or max)
for the crime committed is different from that for
the crime intended to be committed *a period of a divisible penalty, when prescribed by
*Art 49 cannot apply to cases involving aberratio the Code as a penalty for a felony, is in itself a
ictus or praeter intentionem degree
*Art 49 is applicable only when the intended crime
and the crime actually committed are punished with ART 58
the different penalties ADDITIONAL PENALTIES FOR PUBLIC OFFICERS
WHO ARE GUILTY AS ACCESSORIES UNDER PAR 3
ART 49 ART 48 OF ART 19
Lesser penalty is to Penalty for the more or most 1. Absolute perpetual disqualification if the
be imposed to be serious crime shall be imposed principal offender is guilty of a GRAVE
applied in the max to be applied in the max period felony
period 2. Absolute temporary disqualification if the
principal offender is guilty of LESS GRAVE
felony
 *Art is limited to grave or less grave felonies 1. Knowingly used counterfeited seal or forged
because it is not possible to have signature or stamp of the Pres
accessories liable for light felonies 2. Illegal possession and use of a false treasury
or bank note
*Art applies only to public officers who abused their 3. Using a falsified document
public office or authority (within the term of par 3 4. Using a falsified dispatch
Art 19 *RATIONALE: he perpetrates the act after
someone has committed counterfeiting or
ART 59 falsification
PENALTY FOR IMPOSSIBEL CRIME
Arresto mayor or a fine ranging from 200-500php ART 61
RULES FOR GRADUATING PENALTIES
BASIS FOR IMPOSITION OF PENALTY Rules provided for in Art 61 should also apply in
Social danger and degree of criminality shown by determining the MIN of the indeterminate penalty
the offender under ISLAW and in lowering the penalty by 1 or 2
degrees by reason of the presence of privileged
ART 60 mitigating circ or when the penalty is divisible and
EXCEPTION TO THE RULES ESTABLISHED IN ART 50- there are 2 or more generic mitigating cirm and no
57 aggravating circ
Art 50-57 do not apply when the law expressly
prescribes the penalty for a frustrated or attempted *the lower penalty shall be taken from the
felony or to be imposed upon accomplices or graduated scale in Art 71
accessories (EX: on the occasion of an attempted or
frustrated robbery, offender commits a homicide, ILLUSTRATION OF THE RULES
the law provides in Art 297 that the special penalty *refer to codal provision
of reclusion temporal In its max period to reclusion 1. When the penalty is single and indivisible
perpetua shall be imposed) (EX: in reclusion perpetua (kidnapping), the
penalty immediately following it is reclusion
ACCOMPLICE, PUNISHED AS PRINCIPAL temporal which is the penalty next lower in
1. Ascendants, guardians, curators, teachers degree)
and any person who by abuse of authority 2. .
or confidential relationship, shall cooperate a. when the penalty is composed of 2
as accomplices in the crimes of rape, acts of indivisible penalty (EX: in reclusion
lasciviousness, seduction, corruption of perpetua to death (parricide), the
minors, white slave trade or abduction penalty immediately following the
2. One who furnished the place for the lesser of the penalties is reclusion
perpetration of the crime of slight illegal temporal)
detention b. when the penalty is composed of 1
or more divisible penalties to be
ACCESSORY, PUNISHED AS PRINCIPAL imposed to their full extent (EX: 1
Concealing certain evil practices is ordinarily an act divisible penalty to be imposed to
of the accessory but in Art 142 (inciting to sedition) its full extent is reclusion temporal;
such act is punished as the act of the principal the penalty immediately following
such is prision mayor. 2 divisible
CERTAIN ACCESSORIES ARE PUNISHED WITH A penalties to be imposed in its full
PENALTY 1 DEGREE LOWER, INSTEAD OF 2 extent are prision correccional to
DEGREES prision mayor; the penalty
 immediately following the lesser of (RATIONALE: penalty prescribed by the RPC for the
the penalties is arresto mayor) crime is the basis)
*it is only after the penalty next lower in degree is
already determined that the mitigating or
aggravating circ should be considered
3. .
a. when the penalty is composed of 2 ART 62
indivisible penalties and the max EFFECT OF ATTENDANCE OF AGGRAVATING/
period of a divisible penalty (EX: in, MTIGATING CIRC OR OF HABITUAL DELINQUENCY
reclusion temporal in its max period 1. Aggravating circ (generic or specific) have
to death (murder), the penalty next the effect of increasing the penalty without
lower is composed of the med and exceeding the max provided by law
min period of reclusion temporal 2. Mitigating circ have the effect of
and the max of prision mayor diminishing the penalty
b. when the penalty is composed of 1 3. Habitual delinquency has the effect, not
indivisible penalty and the max only increasing the penalty because of
period of a divisible penalty (EX: recidivism generally implied in habitual
reclusion temporal in its max period delinquency, but also of imposing an
to reclusion perpetua) additional penalty

4. When the penalty is composed of several RULES REGARDING AGGRAVATING AND

periods MITIGATING CIRCUMSTANCE
*4th rule contemplates a penalty composed PAR 1
of at least 3 periods Aggravating circ which (1) in themselves constitutes
5. By analogy (because “not specially provided a crime especially punished by law (ex: ‘by means of
for in the 4 preceding rules”) fire’ in arson) or (2) are included by the law in
a. When the penalty has 2 periods (EX: defining a crime and prescribing the penalty
prision correccional in its min and therefore (ex: dwelling in robbery with force upon
med periods (abduction)) thing, abuse in confidence in qualified theft) are not
b. When the penalty has 1 period to be taken into account to increase penalty

SIMPLIFIED RULES WHEN MAX OF PENALTY SHALL BE IMPOSED

1. If the penalty prescribed by the Code 1. When in the commission of the crime,
consists in 3 periods, corresponding to advantage was taken by the offender of his
different divisible penalties, the penalty public position
next lower in degree is the penalty 2. If the offense was committed by any person
consisting the 3 periods down in the scale who belongs to an organized/syndicated
2. If the penalty prescribed by the Code crime group
consists in 2 periods, the penalty next lower
in degree is the penalty consisting in 2  Organized/syndicated crime group
periods down in the scale – two or more persons
3. If the penalty prescribed by the Code collaborating, confederating or
consists in only 1 period, the penalty next mutually helping one another for
lower in degree is the next period down in purposes of gain in the commission
the scale of any crime
PAR 2
*mitigating and aggravating circ are disregarded in
the application of the rules for graduating penalties
Same rule applies with respect to aggravating circ *the computation of the 10yr period starts
which are inherent in the crime (ex: evident from the defendant’s last conviction or
premeditation in robbery and theft) release

PAR 3 REQUISITES OF HABITUAL DELINQUENCY

Aggravating or mitigating circ which arise from (1) 1. That the offender had been convicted of
the moral attributes of the offender (ex: when one any of the crimes of serious or less serious
acts with passion and obfuscation or with evident physical injuries, robbery, theft, estafa, or
premeditation), or (2) from his private relations falsification
with the offended party, or (3) from any other 2. That after the conviction or after serving his
personal cause (ex: when one is a recidivist or under sentence, he again committed and within
9yrs of age), serve to aggravate or mitigate the 10yrs from his release or conviction,
liability of the principals, accomplices and convicted of any of the said crimes for the
accessories as to whom such circumstances are 2nd time
attendant 3. That after his conviction of or after serving
sentence for the 2nd offense, he again
PAR 4 committed and within 10yrs from his last
Circumstances which consists (1) in the material release or last conviction, convicted for any
execution of the act, or (2) in the means employed of the said offenses the 3rd time or oftener
to accomplish it, shall serve to aggravate or mitigate
the liability of those persons only who had ADDITIONAL PENALTY FOR HABITUAL
knowledge of them at the time of the execution of DELINQUENCY
the act or their cooperation therein 1. Upon a 3rd conviction, the culprit shall be
sentenced to the penalty provided by law
*there is no mitigating circ relating to the means for the last crime of which he is found guilty
employed in the execution of the crime and to the additional penalty of prision
correccional in its med and max periods
Circ relating to the Circ consisting in the material 2. Upon a 4th conviction, the culprit shall also
persons participating execution of the crime be sentenced to the additional penalty of
in the crime prision mayor in its min and med periods
Do not affect all the Have a direct bearing upon the 3. Upon a 5th or additional conviction, the
participants in the crim liability of all the culprit shall also be sentenced to the
crime, but only those defendants who had knowledge
additional penalty of prision mayor in its
to whom they thereof at the time of the
particularly apply commission of the crime, or of min period to reclusion temporal in its min
their cooperation therein period
*the total of the 2 penalties shall not
PAR 5 exceed 30yrs
 Habitual delinquent – a person who within a
period of 10yrs from the date of his last REASON FOR IMPOSING ADDTL PENALTY: he is
release or conviction of the crimes of serious deemed to have shown a dangerous propensity to
or less serious physical injuries, theft, crimes; to render more effective social defense and
robbery, estafa, or falsification, he is found reformation of multirecidivist
guilty of any of said crimes a 3 rd time or
oftener IN THE INFORMATIOM MUST BE ALLEGED
*the crimes are specified in habitual 1. Dates of the commission of the previous
delinquency crimes
2. Date of the last conviction or release
 3. Dates of the other previous conviction or the 1st or after the service of sentence for
releases the 1st crime)
5. Crimes committed on the same date,
*plea of guilty when allegations in information are although convictions on different dates are
insufficient is not an admission that the offender is a considered only one (REASON: until the
habitual delinquent but only a recidivist offender has served the addtl penalty
*failure to allege said dates in the information is provided in his case, and has committed or
cured when the accused did not object to the abstained from committing another crime,
admission of decisions for previous offenses which it cannot be known of said addtl penalty has
show the dates of his convictions or has not reformed him)
Habitual delinquency Recidivism 6. Previous convictions are considered every
The crimes are Sufficient that the accused on time a new offense is committed
specified the date of his trial has been 7. The commission of any of those crimes
previously convicted by final need not be consummated. He who
judgment of another crime commits a crime (frustrated or attempted)
embraced in the same title of
reveals the same degree of depravity and
the Code
Offender is found No period of time between
perversity as one who commits a
guilty of any crimes former conviction and last consummated crime
specified within 10yrs conviction fixed by law 8. Habitual delinquency applies to accomplices
from his last release or and accessories. Their participation in
conviction committing those crimes reveal the
Accused must be 2nd conviction for an offense persistence on them of the inclination to
found guilty the 3rd embraced in the same title of wrongdoing and of the perversity of
time or oftener of any the Code is sufficient character that had led them to commit the
of the crimes specified previous crime
An additional penalty If not offset by a mitigating
9. If one crime was committed during the
is imposed circ, serves to increase
minority of the offender such crime should
penalty only to the max
not be considered for the purpose of
treating him as a habitual offender because
RULING ON HABITUAL DELINQUENCY
the proceeding as regards that crime were
1. 10yr period computed either from the last
suspended
conviction or release
10. The imposition of additional penalty
2. 10yr period is counted nit to the date of the
prescribed by law for habitual delinquents
commission of subsequent offense, but to
is mandatory
the date of conviction thereof in relation to
11. Modifying circumstances applicable to
the date of his last release or last conviction
additional penalty
3. When an offender has committed several
12. Habitual delinquency is not a crime. It is a
crimes mentioned in the definition of
fact or circumstance which if present gives
habitual delinquent, without being first
rise to the imposition of additional penalties
convicted of any of them before committing
13. Penalty for habitual delinquency is a real
the others, he is not a habitual delinquent
penalty that determines jurisdiction
4. Convictions on the same day or about the
14. A habitual delinquent is necessarily a
same time are considered as one only
recidivist
(REASON: addtl penalties fixed by law for
*recidivism is inherent in habitual
habitual delinquency are reformatory in
delinquency and shall be considered as
character and that their application should
aggravating circ in imposing the principal
be gradual and this can be carried out only
penalty (REASON: to punish him more
when the 2nd conviction takes place after
severely)
 15. In imposing the additional penalty, *mitigating circ is not necessary to impose reclusion
recidivism is not aggravating. The additional perpetua when the crime is punishable with 2
penalty to be imposed must be the min of indivisible penalties of reclusion perpetua to death
that prescribed by law as no other circ or
fact justifying the imposition of said penalty When the penalty is composed of 2 indivisible
in a higher period has been present (with penalties, the penalty cannot be lowered by one
the exception of recidivism) degree, no matter how many mitigating circ are
present (EXCEPTION: when a privileged mitigating
*a convict can be a habitual delinquent without circ under Art 68 or 69 is present)
being a recidivist when no 2 crimes committed are
embraced in the same title of the Code ART 64
*the imposition of additional penalty for habitual RULES FOR THE APPLICATION OF PENALTIES
delinquency is constitutional. It is neither an ex post WHICH CONTAIN 3 PERIODS
facto law nor an additional punishment for former 1. No aggravating and no mitigating – med
crimes (it is a punishment on future crimes, the period
penalty being enhanced on account of the crim 2. Only a mitigating – min period
propensities of the accused) 3. Only an aggravating – max period
*when there are 2 aggravating circ and no
ART 63 mitigating circ, the penalty prescribed by
RULES FOR THE APPLICATION OF INDIVISIBLE law for the crime should be imposed in its
PENALTIES max period
1. When the penalty is single indivisible, it 4. When there are aggravating and mitigating
shall be applied regardless of any mitigating – the court shall offset those of one class
or aggravating circ (ex: reclusion perpetua against the other according to their relative
in kidnapping and failure to return a minor weight
and in rape; death in rape with homicide) 5. 2 or more mitigating and no aggravating –
2. When the penalty is composed of 2 penalty next lower in the period table
indivisible penalty (ex: reclusion perpetua according to the number and nature of such
to death in parricide, robbery with circ
homicide) , the ff rules shall be observed: 6. No penalty greater than the max period of
a. When there is only 1 aggravating the penalty prescribed by law shall be
circ, the greater penalty shall be imposed, no matter how many aggravating
imposed circ are present
b. When there is neither mitigating 7. The court can determine the extent of the
nor aggravating circ, the lesser penalty within the limits of each period,
penalty shall be imposed according to the number and nature of the
c. When there is a mitigating circ and aggravating and mitigating circ and the
no aggravating circ, the lesser greater or lesser extent of evil produced by
penalty shall be imposed the crime
d. When both mitigating and
aggravating circ are present, the *Art 64 applies only when the penalty has 3 periods
court shall allow them to offset one (ex: reclusion temporal, prision mayor, prision
another correccional, arresto mayor, arresto menor)
*Art 64 is not applicable when the penalty is
*Art 63 applies only when the penalty prescribed by indivisible or prescribed by special law or fine
the Code is either 1 indivisible penalty or 2 *when the law prescribe a single divisible penalty
indivisible penalties (ex: reclusion temporal in homicide), it is
understood as distributed in 3 equal parts, each the total will represent the max of the max
part forms a period called min, med, and max period
*when the penalty is made up of 3 different
penalties (ex: prision correccional to reclusion ART 66
temporal), each forms a period IMPOSITION OF FINES
1. The court can fix any amount of the fine
CASES WHEN MITIGATING AND AGGRAVATING within the limits established by law
CIRC ARE NOT CONSIDERED IN THE IMPOSITION OF 2. The court must consider
PENALTY a. Mitigating and aggravating circ
1. When the penalty is single and indivisible b. The wealth or means of the culprit
2. In felonies through negligence (main consideration) (REASON:
3. The penalty to be imposed upon a Moro or because a fixed amount of fine for
other non-Christian inhabitants (It lies in the all offenders of a particular crime
discretion of the trial court, irrespective of will result in inequality)
the attending circ)
*’non-Christian’ refers not only to religious When the law does not fix the min of the fine,
belief but in a way to geographical area and the determination of the amount of the fine to
directly to Phil natives of a low grade of be imposed is left to the sound discretion of the
civilization court, provided it shall not exceed the max
4. When the penalty is only a fine imposed by authorized by law
an ordinance
5. When the penalties are prescribed by ART 67
special laws PENALTY TO BE IMPOSED WHEN NOT ALL THE
REQUISITES OF EXEMPTION OF THE 4 TH CIRC OF
ART 65 ART 12 ARE PRESENT (ACCIDENT)
RULES IN CASES IN WHICH THE PENALTY IS NOT Conditions necessary to exempt from liability under
COMPOSED OF 3 PERIODS Art 12(4):
1. Compute and determine the 3 periods of 1. Act causing the injury be lawful
the entire penalty 2. That it be performed with due care
2. The time included in the penalty prescribed 3. The injury be caused by mere accident
should be divided into 3 equal portions, 4. There be no fault or intention to cause the
after subtracting the min (eliminate the 1 injury
day) from the max of the penalty *it is reckless imprudence if the act is executed
3. The min of the min period should be the without taking precaution or measure which the
min of the given penalty (including the 1 most common prudence would require
day) *it is simple imprudence if it is a mere lack of
4. The quotient should be added to the min precaution in those cases where either the
prescribed (eliminate the 1 day) and the threatened harm is not imminent or the danger is
total will represent the max of the min not openly visible
period. Take the max of the min period, add
1 day and make it the min of the med  Arresto mayor in its max period to prision
period; then add the quotient to the min correccional in its min period – grave felony
(eliminate the 1 day) of the med period and  Arresto mayor in its min and med period –
the total will represent the max of the med less grave felony
period. Take the max of the med period,
add 1 day and make it the min of the max ART 68
period; then add the quotient to the min PENALT TO BE IMPOSED UPON A PERSON UNDER
(eliminate the 1 day) of the max period and 18 YRS OF AGE
Art 68 is partly repealed by RA 9344 which provides be subjected to diversion proceedings
that: (*refer to notes on Art 13 (2) System of
a. A child 15yrs and under is exempt from crim Diversion to check on the conditions of the
responsibility CICL undergoing diversion program without
b. A child above 15yrs but below 18yrs of age court proceedings)
is exempt from crim liability unless he/she
has acted with discernment  If the CICL failed to fulfill or comply with the
conditions of his disposition or rehabilitation
RA 9344 further amended by RA 10630 (An Act program, the CICL shall be brought before the
Strengthening the Juvenile Justice System in the court for execution of judgment. The penalty to
Phil) provides the ff: be imposed is the penalty next lower than that
1. Child under 15yrs of age – child shall be prescribed by law
immediately released to the custody of his *exemption from crim liability does not include
parents or guardian, or the child’s nearest exemption from civil liability
relative, and be subjected to a community
based intervention program supervised by  The parents shall be liable for damages
the local social welfare and development unless they prove that they were exercising
officer (LSWDO) unless the best interest of reasonable supervision over the child at the time
the child requires the referral of the child to the child committed the offense and exerted
a youth care facility or bahay pag-asa reasonable effort and utmost diligence to prevent
2. Child above 12 but under 15yrs of age who or discourage the child from committing another
commits serious crimes (ex: parricide, offense
murder, infanticide, robbery with homicide  The court may, after it shall have convicted
or rape, offenses under RA 9165) – shall be and sentenced a CICL, and upon application at any
deemed a neglected child; he shall be time, place the child on probation in lieu of
mandatorily placed in a special facility service of his sentence taking into account the
within the youth care faculty or bahay pag- best interest of the child
asa called the Intensive Juvenile
Intervention and Support Center (IJISC) ART 69
3. Child above 12 but under 15yrs of age who PENALTY TO BE IMPOSED WHEN THE CRIME
commits another offense – shall be deemed COMMITTEED IS NOT WHOLLY EXCUSABLE
a neglected child; he shall undergo an The privileged mitigating circ contemplated in Art
intensive intervention program supervised 69 include the incomplete justifying and incomplete
by the LSWDO. If the best interest of the exempting circ, provided the MAJORITY of their
child requires he be placed in a youth care conditions are present
facility or bahay pag-asa, the parents or
guardian shall execute a written  The court has the discretion to impose 1 or
authorization for the voluntary 2 degrees lower than that prescribed by law for
commitment of the child. If the child has no the offense
parents/guardians or if they refuse or fail to *but in determining such, the court must
execute written authorization for voluntary consider the number and nature of the
commitment, the proper petition for conditions of exemption or justification present
involuntary commitment shall be filed by or lacking
the DSWD or the LSWDO
4. Child above 15yrs of age but under 18 – he ART 70
shall be exempt from crim liability and be SUCCESSIVE SERVICE OF SENTENCES
subject to an intervention program. If the 1. When the culprit has to serve 2 or more
offender acted with discernment, he shall penalties, he shall serve them
 simultaneously if the nature of the penalties *above penalties, except destierro, can be
will so permit (ex: death) served simultaneously with imprisonment
*imposition of multiple death penalties has (REASON: nature of such penalty)
practical importance – indelible badge of
his extreme crim perversity; serve as a 3-FOLD RULE
deterrent to an improvident grant of The max duration of the convict’s sentence shall not
pardon or commutation (proper be more than 3 times the length of time
penitentiary authorities would exercise corresponding to the MOST SEVERE of the penalties
judicious restraint in recommending imposed upon him
clemency or leniency in his behalf) *the phrase ‘most severe of the penalties’ includes
2. Otherwise, the order of their respective equal penalties
severity shall be followed *the 3-fold rule applies only when the convict has to
3. The respective severity of the penalties is as serve at least 4 sentences
follows: *if the sum total of all the penalties does not exceed
a. Death the most severe multiplied by 3, the 3-fold rule does
b. Reclusion perpetua not apply
c. Reclusion temporal *all the penalties, even if by different courts at
d. Prision mayor different times, cannot exceed 3-fold the most
e. Prision correccional severe
f. Arresto mayor The 3-fold rule applies although the penalties were
g. Arresto menor imposed for different crimes, at different times, and
h. Destierro under separate information (REASON: information
i. Perpetual absolute disqualification must not charge more than 1 offense)
j. Temporary absolute disqualification *duration of the convict’s sentence refers to several
k. Suspension from public office, the penalties for different offenses, not yet served out; if
right to vote and be voted for, the the convict already served sentence for one offense,
right to follow profession or calling that imprisonment will not be considered for the
l. Public censure purpose of the 3-fold rule
*no prisoner shall be required to remain in prison
*convict who serves the term successively, the time CONTINUOUSLY for more than 40yrs
of the 2nd sentence shall not commence to run until *if the sentence is indeterminate, the max term is to
the expiration of the first be considered
*imprisonment must be served before destierro
(arresto menor is more severe than destierro)  The imposition of 3-fold max penalty does
not preclude subsidiary imprisonment for
PENALTIES WHICH CAN BE SIMULTANEOUSLY failure to pay a fine
SERVED *subsidiary imprisonment for nonpayment of
a. Perpetual absolute disqualification fine cannot be eliminated so long as the
b. Perpetual special disqualification principal penalty is not higher than 6yrs of
c. Temporary absolute disqualification imprisonment
d. Temporary special disqualification
e. Suspension *computation of the 3-fold rule is for the PRISON
f. Destierro AUTHORITIES to undertake
g. Public censure
h. Fine and bond to keep the peace DIFFERENT SYSTEM OF PENALTY
i. Civil interdiction 1. Material accumulation system – all the
j. Confiscation and payment of costs penalties for all the violations are imposed
 even if they reached beyond the natural  Under BP 129 (Judiciary Reorganization Act
span of human life (Par 1,2,3, of Art 70) of 1980) as amended by RA 7691, MeTC, MTC,
2. Juridical accumulation system – service of and MCTC shall exercise exclusive and original
the several penalties imposed on one and jurisdiction over all offenses punishable with
the same culprit is limited to not more than imprisonment not exceeding 6yrs irrespective
3-fold the length of time corresponding to of the amount of fine and regardless of other
the most severe and in no case to exceed imposable accessory or other penalties
40yrs including civil liability PROVIDED that in
3. Absorption system (lesser penalties are offenses involving damage to property through
absorbed by the graver penalties) – crim negligence, they shall have exclusive
imposition of the penalty in complex original jurisdiction thereof
crimes, continuing crimes, and specific
crimes ART 25 ART 70 ART 71
Penalties are Classifies the Provides for the
ART 71 classified into penalties for scales which should
GRADUATED SCALES principal and the purpose be observed in
SCALE 1 – All personal penalties such as accessory of the graduating the
penalties. The successive penalties by degrees
deprivation of life and liberty
principal service of in accordance with
1. Death penalties are sentences Art 61
2. Reclusion perpetua subdivided into according to
3. Reclusion temporal capital, afflictive, severity
4. Prision mayor and light
5. Prision correccional Destierro is Destierro is Destierro is placed
6. Arresto mayor placed above placed under above arresto
7. Destierro arresto menor arresto menor because
8. Arresto menor because it is menor destierro, being a
9. Public censure classified as a according to correctional penalty,
correctional their severity is higher than
10. Fine
penalty arresto menor, a
*arresto mayor and destierro must not be light penalty
judged by the duration of each penalties but
by the degree of deprivation of liberty ART 72
involved PREFERENCE IN THE PAYMENT OF THE CIVIL
LIABILITIES
SCALE 2 – All penalties consisting in deprivation of The order of payment of civil liability is based on the
political rights chronological order of the dates of the final
1. Perpetual absolute disqualification judgments
2. Temporary absolute disqualification
3. Suspension from public office, the right to ART 73
vote and be voted for, and the right to PRESUMPTION IN REGARD TO THE IMPOSITION OF
follow a profession or calling ACCESSORY PENALTIES
4. Public censure Accessory penalties are deemed imposed by the
5. Fine courts without the necessity of making an express
*death shall no longer form part of the equation in pronouncement of their imposition
the graduation of penalties, pursuant to RA 9346 *subsidiary imprisonment is not an accessory
*metropolitan and municipal courts can impose penalty and thus judgment of conviction must
destierro expressly state that the offender shall suffer the
subsidiary imprisonment in case of insolvency
 left to the sound discretion of the courts,
ART 74 without exceeding the max authorized by law
PENALTY HIGHER THAN RECLUSION PERPETUA IN
CERTAIN CASES Fine with a minimum Fine without a minimum
Under Art 74, when a given penalty has to be raised The law fixes the max of the fine
by 1 or 2 degrees and the resulting penalty is death Court cannot change Court can impose any amount
according to the scale, but it is not specifically the min not exceeding such max
provided by law as a penalty, the latter cannot be Court can impose an It cannot impose an amount
amount higher than higher than the max
imposed. The given penalty and the accessory
the max
penalty of death when not executed by reason of
commutation or pardon (Art 40) shall be imposed
 As to ‘fines that do not consist of a fixed
amount, but are made proportional’ example:
*death cannot be the penalty next higher in degree
Negligent act resulted in damage to property of
when not provided by law
another, the fine shall be from an amount equal to
the value of the damage to 3 times such value but
APPLICATION OF ART: convict should not be given
shall in no case be less than P25 (Art 365, Par 3)
the benefit of Art 27 (that he should be pardoned
after undergoing the penalty for 30yrs) until 40yrs
ART 76
have elapsed; otherwise, there would be no
LEGAL PERIOD OF DURATION OF DIVISIBLE
difference between reclusion perpetua when
PENALTIES
imposed as the penalty next higher in degree and
Penalties Penalt Time Time Time
when it is imposed as the penalty fixed by law
y in its include include include
entiret d in its d in its d in its
REASON FOR ART: penalty higher than reclusion y min med max
perpetua cannot be death because the penalty of period period period
death must be specifically imposed by law as a Reclusion 12yrs 12yrs 14yrs, 17yrs,
penalty for a given crime Temporal and and 8mos 4mos
1day – 1day – and and
ART 75 20yrs 14yrs 1day – 1day –
INCREASING OR REDUCING THE PENALTY OF FINE and 17yrs 20yrs
BY 1 OR MORE DEGREES 8mos and
4mos
It shall be increased/reduced, for each degree, ¼ of
Prision mayor, 6yrs 6yrs 8yrs 10yrs
the max amount prescribed by law without absolute and and and and
changing the min (ex: fine is fromP200-P2000; ¼ of disqualification 1day – 1day – 1day – 1day –
P2000 is P500; for each degree, take P500 from the and special 12yrs 8yrs 10yrs 12yrs
max of next higher degree; thus, one degree lower temporary
would be P200-P1500 and 2 degrees lower would disqualification
be P200-P1000) Prision 6mos 6mos 2yrs, 4yrs,
*fines are graduated into degrees for the correccional, and and 4mos 2mos
accomplices and accessories and for the principals suspension 1day – 1day – and and
in frustrated and attempted felonies and destierro 6yrs 2yrs 1day – 1day –
and 4yrs 6yrs
*under this Art, the fine must have a min and a max
4mos and
fixed by law 2mos
*Art does not apply when the law does not fix the Arresto mayor 1mo 1– 2mos 4mos
min of the fine and 2mos and and
1day – 1day – 1day –
 When only the max of the fine is fixed, the 6mos 4mos 6mos
determination of the amount to be imposed is Arresto menor 1– 1– 11 – 21 –
 30days 10days 20days 30days 3. Board of pardons and parole found that his
released is for greater interest of society
*intention of the Legislature is to give the 3 periods
of a divisible penalty equal or uniform duration PURPOSE OF ISLAW
*division of arresto mayor into 3 equal periods does 1. To uplift and redeem valuable human
not follow the rule material
*when the prescribed penalty does not have 3 2. Prevent unnecessary and excessive
periods, it has to be divided into 3 equal portion for deprivation of personal liberty and
the application of the rules contained in Art 64 economic usefulness
*duration of each of the periods of the divisible *ISLAW aims to individualize the administration
penalties as fixed in the table in Art 76 is not of our crim law
controlling when the penalty prescribed is
composed of 3 periods corresponding to different FACTORS TO BE TAKEN INTO CONSIDERATION BY
divisible penalties THE COURT IN FIXING THE MIN PENALTY
a. As an individual
ART 77 1. Age
WHEN THE PENALTY IS A COMPLEX ONE 2. General health and physical
COMPOSED OF 3 DISTINCT PENALTIES condition
 Complex penalty – penalty composed of 3 3. Mentality, heredity and personal
distinct penalties, each forming a period; habits
the lightest of them shall be the min, the 4. Previous conduct, environment and
next the med, and the most severe the max mode of life
period (ex: reclusion temporal to death) 5. Previous education, both
intellectual and moral
x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x 6. Proclivities and aptitudes for
usefulness or injury to society
INDETERMINATE SENTENCE LAW 7. Demeanor during trial and attitude
ISLAW modifies the imposition of penalty. It is with regard to the crime committed
applied to RPC and Special Penal Laws. It provides 8. Manner and circ in which the crime
for a min and max term, such that the moment the was committed
offender serves the minimum of the sentence, he 9. Gravity of the offense
shall be eligible for parole. If granted, he will serve
the remainder of the sentence out of prison, but b. As a member of society
subject to the supervision of the parole officer 1. His relationship towards his
dependents, family and associates
 Parole – conditional release of the offender and their relationship with him
form the correctional institution after 2. His relationship towards society at
serving min sentence after showing that he large and the State
has reformed
*parole does not extinguish criminal and THE COURT MUST DETERMINE 2 PENALTIES (MIN
civil liability AND MAX TERMS)
a. When the crime is punishable by a special
REQUISITES FOR PAROLE law – max term shall not exceed the max
1. Offender must be placed in prison jail to fixed by law and min term shall not be less
serve an indeterminate sentence penalty than the min prescribed by the same
which exceeds 1 year; b. When the crime is punished by RPC – max
2. He served the min term of sentence; term, in view of the attending circ, could be
properly imposed under the rules of the
 RPC, and min term shall be within the range 3. Even if the prisoner has served the min, but
of the penalty next lower to that prescribed he is not fitted for release on parole, he
by the Code shall continue to serve the imprisonment
*the court cannot put the min penalty in the until the end of max
same period and the same degree as the
max penalty *every prisoner released on parole shall report
*the penalty next lower must be based on personally to such govt officials or parole officers
the penalty prescribed by the Code for the appointed by the Board for a period of surveillance
offense, without considering in the equivalent to the remaining portion of the max
meantime modifying circ sentence imposed on him or until final release and
*when the number of mitigating circ discharge is provided
entitles the accused to the penalty next *If during period of surveillance the paroled
lower in degree, this penalty in the prisoner show himself to be a law-abiding citizen
application of ISLAW should be the starting and did not violate any of the laws of the Phil, the
point for the determination of the penalty Board may issue a final certification of release in his
next lower in degree favor (which shall entitle him to a final release and
*the modifying circ are considered only in discharge)
the imposition of the max term of the
indeterminate sentence BOARD OF PARDONS AND PAROLE
*in determining the min term, it is left  Composed of the Sec of Justice (chairman),
within the discretion of the court to fix it 4 members to be appointed by the Pres, with
anywhere within the range of the penalty consent of the COA, who shall hold office for a
next lower without reference to the periods term of 6yrs PROVIDED that one member of the
into which it may be subdivided board shall be a trained sociologist, one a
*in cases where the application of ISLAW clergyman or educator, one psychiatrist unless a
would be unfavorable to the accused, trained psychiatrist be employed by the board,
resulting in the lengthening of the prison and the other members shall be persons qualified
sentence, said law should not be applied for such work by training or experience. At least
one member of the board shall be a woman
REASON FOR FIXING THE MIN AND MAX *a majority of the members shall constitute a
PENALTIES IN THE INDETERMINATE SENTENCE quorum and a majority vote is necessary to arrive
1. Whenever any prisoner shall have served at a decision; any dissent from the majority
the min penalty imposed upon him, and it opinion shall be reduced to writing and filed with
shall appear to the Board of Indeterminate the records of the proceedings
Sentence that such prisoner is fitted for *Board meeting will not be more than 3 times a
release, said Board may authorize the week
release of such prisoner on parole upon
such terms and conditions as may be BOARD OF INDETERMINATE SENTENCE
prescribed by the Board Board shall look into the physical, mental and moral
2. Whenever such prisoner released on parole record of the prisoner who shall be eligible to
shall, during the period of surveillance parole and to determine the proper time of release
violate any of the conditions of his parole, of the prisoners. It shall also examine the records
the Board may issue an order for his arrest. and status of prisoners who shall have been
In such case, the prisoner rearrested shall convicted of any offense other than those named in
serve the remaining unexpired portion of Sec 2 hereof, and have been sentenced for more
the max sentence (unless the Board, in its than 1yr by final judgment prior to the date on
discretion, grants a new parole to the which this Act took effect, and shall make
prisoner) recommendation in all such cases to the Pres with
regard to the parole of such prisoners as they shall  Probation officer – one who investigates for
deem qualified for parole, after they have served a the court a referral for probation or
period of imprisonment not less than the min for supervises a probationer or both
which they might have been sentenced under this
Act for the same offense *probation is a privilege and its grant rests upon the
discretion of the court
*probation may be granted even if the sentence
imposed is fine only, but with subsidiary
ISLAW NOT APPLICABLE TO THE FF: imprisonment (in case of insolvency)
1. Persons convicted of offenses punished *upon application by defendant for probation, the
with death penalty or life imprisonment court may suspend the execution of the sentence
*penalty ‘actually imposed’ should be
considered  The application for probation must be filed
2. Those convicted of treason, conspiracy, or within the period for perfecting an appeal
proposal to commit treason (REASON: to encourage offenders, who are willing
3. Those convicted of misprision of treason, to be reformed and rehabilitated, to avail of
rebellion, sedition, or espionage probation at the first opportunity)
4. Those convicted of piracy *the grant of an application for probation is
5. Those who are habitual delinquents expressly prohibited if the defendant has
*ISLAW is applicable to recidivist perfected an appeal from the judgment of
6. Those who shall have escaped from conviction
confinement or evaded sentence
7. Those who violated the terms of conditional  An application for probation shall be filed
pardon granted by them by the Chief with the trial court. If the application is based on a
Executive modified decision imposing a probationable
8. Those whose max term of imprisonment penalty, it shall be filed in the trial court where
does not exceed 1yr the judgment of conviction imposing a non-
*ISLAW does not apply to non-divisible probationable penalty was rendered, or where
penalties such case has been re-raffled
*application of ISLAW is MANDATORY  The filing of the application for probation is
where imprisonment would exceed 1yr a waiver of the right to appeal
9. Those who, upon the approval of the law  Convict may file for probation if appeal is
(12/5/1933), had been sentenced by final for conviction imposing a non-probationable
judgment penalty is modified on appeal to a probationable
10. Those sentenced to the penalty of destierro penalty (provided that application is before such
or suspension decision becomes final)
*benefit of probation shall be lost if a review of
x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x the modified decision which already imposes a
probationable penalty is sought
PROBATION LAW
 Probation – disposition under which a  In an application for probation involving
defendant, after conviction and sentence, is several defendants where some have appealed,
released subject to conditions imposed by defendants who did not file an appeal may apply
the Court and to the supervision of a for probation by submitting a written application
probation officer and attaching a certified true copy of the
 Probationer – person placed on probation judgment of conviction
 An order granting or denying probation is
non-appealable
  Accessory penalties are deemed suspended
once probation is granted WHEN PROBATION SHALL BE DENIED
1. The offender is in need of correctional
*probation affects only the crim aspect of the case; treatment that can be provided most effectively
it has no bearing on his civil liability; the court must by commitment to an institution
hear the civil aspect 2. There is an undue risk that during the
period of probation, the offender will commit
another crime
3. Probation will depreciate the seriousness of
NATURE OF ORDER GRANTING PROBATION the offense committed
It is not a sentence but a suspension of the
imposition of sentence. It is not a final judgment but *grant/denial of application does not rest solely on
is rather an interlocutory judgment in the nature of the offender’s potentiality to reform but also on the
a conditional order placing the convict under the observance of demands of justice and public
supervision of the court for his reformation to be interest
followed by a final judgment of discharge, if the
conditions of the probation are complied with, or by OFFENDERS DISQUALIFIED FROM BEING PLACED
final judgment of sentence if the conditions are ON PROBATION
violated 1. Those sentenced to serve a MAX TERM of
imprisonment of more than 6yrs
*probation officer shall submit to the court the 2. Those convicted of any crime against
investigation report not later than 60days from national security
receipt of the order of the court to conduct the 3. Those who were previously convicted by
investigation; the court shall resolve the application final judgment of an offense punished by
for probation not later than 15days from the receipt imprisonment of more than 6mos and 1day
of the report and/or fine of more than P1,000
4. Those who have been once on probation
 Pending submission of report and under the provision of the Decree
resolution of the petition, defendant may be 5. Those who are already serving sentence at
released under his bail filed in the crim case the time the substantive provisions of the
*defendant may be released on recognizance to Decree became applicable pursuant to Sec33
the custody of a responsible member of the thereof
community, who guarantees only the defendant’s
appearance whenever required by the court, (1) in CONDITIONS OF PROBATION
case where no bail was filed, or (2) in case where MANDATORY
defendant is incapable of filing a bail 1. Present himself to the probation officer
designated to undertake his supervision at such
CRITERIA FOR PLACING AN OFFENDER ON place as may be specified in the order within
PROBATION 72hrs from the receipt of the order
1. All information relative to the ff condition of 2. Report to the probation officer at least once
the offender a month at such time and place as specified by
a. Character said officer
b. Antecedents
c. Environment SPECIAL/DISCRETIONARY
d. Mental 1. Cooperate with a program of supervision
e. Physical 2. Meet his family responsibilities
2. Available institutional and community
resources
 3. Devote himself to a specific employment imprisonment, the period of probation shall be
and not to change said employment without prior twice the total number of days of subsidiary
written approval of the probation officer imprisonment
4. Undergo medical, psychological or
psychiatric examination and treatment and enter WHEN MAY A PROBATIONER BE ARRESTED AND
and remain in a specified institution when WHAT IS THE DISPOSITION ONCE HE IS ARRESTED
required for that purpose 1. The violation of the conditions of probation
5. Pursue a prescribed secular study or must be serious to justify the issuance of a
vocational training warrant of arrest
6. Attend or reside in a facility established for 2. The probationer shall be brought before the
instruction, recreation or residence of persons on court for a hearing of the violation charged. He
probation may be admitted to bail pending hearing
7. Refrain from visiting houses of ill-repute 3. The hearing is summary in nature but the
8. Abstain from drinking intoxicating probationer shall have the right to be informed
beverages to excess of the violation charged and to adduce evidence
9. Permit the probation officer or an in his favor
authorized social workers to visit his home and 4. Court is not bound by the technical rules of
place of work evidence
10. Reside at premises approved by the court 5. If the violation is established, the court may
and not to change his residence without its prior revoke or continue his probation and modify
written approval the conditions thereof
11. Satisfy any other condition related to the 6. If revoked, the court shall order the
rehabilitation of the defendant and not unduly probationer to serve the sentence originally
restrictive of his liberty or incompatible with his imposed
freedom of conscience 7. The order revoking the grant of probation
or modifying the term and condition is not
*the enumeration is NOT inclusive; such appealable
special/discretionary conditions should be realistic,
purposive and geared to help the probationer *upon application of probationer or probation
develop into a law-abiding and self-respecting offcer revise or modify the condition/period of
individual probation, the court shall notify (in writing) either
the probationer or probation officer of the filing of
 Upon the failure of the probationer to such an application so as to give both parties an
comply with any of the conditions prescribed in opportunity to be heard
the order, or upon his commission of another
offense, he shall serve the penalty imposed for *REFER TO PROBATION LAW (PD968) SEC18-28 FOR
the offense under which he was placed on THE PROBATION ADMINISTRATION
probation
WHEN AND HOW PROBATION IS TERMINATED
HOW LONG MAY A CONVICT BE PLACED ON AND WHAT ARE THE EFFECTS OF THE
PROBATION TERMINATION
1. If the convict is sentenced to a term of After the period of probation and upon
imprisonment of not more than 1yr, the period consideration of the report and recommendation of
of probation shall not exceed 2yrs the probation officer, the court may order the final
2. In all other cases, if he is sentenced to more discharge of the probationer
than 1yr, said period shall not exceed 6yrs
3. When the sentence imposed a fine only and  The final discharge shall operate to restore
the offender is made to serve subsidiary to probationer all civil rights lost or suspended
 as a result of his conviction and to totally *if the defendant has expressly waived in writing his
extinguish his crim liability as to the offense for right to appeal, the judgment becomes final
which probation was granted immediately

*the expiration of the probation period ALONE does ART 79

not automatically terminate probation SUSPENSION OF THE EXECUTION AND SERVICE OF
*extinction of crim liability does not necessarily THE PENALTIES IN CASE OF INSANITY
mean that civil liability is also extinguished 1. When a convict becomes insane or imbecile
after final sentence has been pronounced, the
3-FOLD PURPOSE OF THE DECREE ESTABLISHING A execution of said sentence is suspended only as
PROBATION SYSTEM regards the personal penalty
1. Promote the correction and rehabilitation 2. If he recovers his reason, his sentence shall
of the offender by providing him with be executed unless the penalty has prescribed
individualized treatment 3. Even if while serving his sentence, the
2. Provide an opportunity for the reformation convict becomes insane or imbecile, the above
3. of a penitent offender, which might be less provisions shall be observed
probable if her were to serve a prison sentence 4. But the payment of his civil or pecuniary
4. Prevent the commission of offenses liabilities shall not be suspended

*the application of Sec 106 of the Admin Code of *only execution of personal penalty is suspended in
Mindanao and Sulu (Penalty on Moros and Non- case of insanity; civil liability may be executed even
Christians – judge/justice may ignore any min in case of insanity of convict
penalty provided by the law for the offense, and
may impose such penalty not in excess of the AN ACCUSED PERSON MAY BECOME INSANE:
highest penalty provided by law) is discretionary to 1. At the time of the commission of the
the Court offense – exempt from crim liability
2. At the time of the trial – court shall suspend
Probation Parole proceedings and order his confinement in a
occurs prior to and early release from prison (after hospital until he recovers his reason (REASON:
often instead of jail offender has completed a certain he cannot have a fair trial or make a proper
or prison time portion of his prison sentence) defense even with the help of counsel)
Imposed by the Imposed by the Board of Pardon 3. At the time of final judgment – execution
Court and Parole
shall be suspended with regard to personal
Nature is Nature is administrative
penalty only
determinative
Offender reports to Offender reports to parole officer 4. While serving sentence – execution shall be
probation officer suspended with regard to personal penalty only
alternatives to incarceration
supervised and expected to follow certain rules and ART 80
guidelines (parole/probation conditions) SUSPENSION OF SENTENCE OF MINOR
DELINQUENTS
x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x-x  CICL – a child alleged/ accused/ adjudged as
having committed an offense under Phil laws
ART 78
WHEN AND HOW A PENALTY IS TO BE EXECUTED *refer to Art 13(2) and 68 on notes for CICL
The judgment must be final before it can be
executed because the accused may still appeal DUTIES DURING INITIAL INVESTIGATION
within 15days from its promulgation.
 1. Law enforcement officer shall determine a. CICL may be released on bail or
where the case involving the CICL should be recognizance
referred b. In all other cases and whenever possible, it
2. LSWDO shall conduct an initial assessment may be replaced by alternative measures
to determine the appropriate interventions such as close supervision, intensive care or
and whether the child acted with placement with a family or in an education
discernment using the discernment setting or home
assessment tools developed by DSWD. He c. Institutionalization or detention shall be
shall do either of the ff: used only as a measure of last resort and
a. Proceed with an intervention for the shortest possible period of time
program if the child is 15yrs or i. it must be in a youth detention
below or above 15yrs but below home established by local
18yrs old who acted without governments;
discernment ii. in the absence of such, CICL may be
b. Proceed to diversion if the child is committed to the care of the DSWD or a
above 15yrs old but below 18 and local rehabilitation center recognized by
who acted with discernment the government in the province, city,
municipality within the jurisdiction of
PRELIMINARY INVESTIGATION AND FILING OF the court
INFORMATION IN THE FF INSTANCES:
a. When the CICL does not qualify for DISCHARGE OF THE CICL WITH THE LAW
diversion Upon recommendation of the social worker who
b. When the child or his parents/guardians had custody of the child, the court shall dismiss the
does not agree to diversion case and shall order the final discharge of the child
c. When considering the assessment and if it finds that the objective of the disposition
recommendation of the LSWDO, the measures have been fulfilled
prosecutor determines that diversion is not
appropriate for the CICL RETURN OF THE CICL TO COURT
if the court finds that the objective of the
*upon determination of probable cause, the info disposition measures imposed have not been
against the child shall be filed before the Family fulfilled or if the CICL has willfully failed to comply
Court within 45 days from the start of the with the conditions of his disposition or
preliminary investigation rehabilitation program
*if the CICL has reached 18yrs of age while under
*the suspension of sentence shall be applied even if the suspended sentence, the court shall determine
the juvenile is already 18yrs or more at the time of whether to discharge the child, to order execution
the pronouncement of his guilt (suspension of of the sentence, or to extend the suspended
sentence lasts only until CICL reaches 21yrs old) sentence for a certain specified period or until the
*age of the CICL at the time of the promulgation of child reaches the max age of 21
the judgment of conviction is not material; what *if the CICL has reached 18yrs of age while under
matters is that the offender committed the offense the suspended sentence, the court shall determine
when he was still of tender age whether to discharge the child, to order execution
*automatic suspension applies to a CICL found of the sentence, or to extend the suspended
guilty of a heinous crime sentence for a certain specified period or until the
child reaches the max age of 21

DETENTION OF THE CHILD PENDING TRIAL

  CICL shall be credited in the service of his a. Aids, causes, abets or connives with the
sentence with the full time spent in actual commission by a child of delinquency
commitment and detention b. Does any act producing, promoting,
contributing to a child’s being or becoming
CARE AND MAINTENANCE OF THE CICL a juvenile delinquent
1. Shall be borne by his parents or those
persons liable to support him ART 81
2. In case his parents or those persons liable WHEN AND HOW DEATH PENALTY IS TO BE
to support him cannot pay all or parts of EXECUTED
said expenses: *RA9346 expressly repealed RA8177 which
a. 1/3 of the expense shall be prescribed death by legal injection
shouldered by the municipality *prior to the enactment of RA8177, death sentence
where the offense was committed, was executed by electrocution
1/3 shall be paid by the province to *in view of RA9346, death penalty may not be
which the municipality belongs, and imposed; thus Art81-85 RPC have no application
1/3 shall be borne by the national
govt *death sentence shall be executed with preference
b. Chartered cities shall pay 2/3 of the to any other penalty (according to Art70 providing
said expenses. In case a chartered for successive service of sentence with death
city cannot pay said expenses, part penalty as number 1 in the order of severity of
of the internal revenue allotment penalties)
applicable to the unpaid portion
shall be withheld and applied to the  Death sentence shall be carried out not
settlement of said obligation earlier than 1yr nor later than 18mos after the
c. In the event the CICL is not a judgment becomes final and executor without
resident of the municipality/city prejudice to the exercise by the Pres of his
where the offense was committed, executive clemency powers
the court may require the
municipality/city where CICL resides ART 82
to shoulder the cost NOTIFICATION AND EXECUTION OF THE SENTENCE
AND ASSISTANCE TO THE CULPRIT
CIVIL LIABILITY  A convict sentenced to death shall have the
Parents shall be liable for damages unless they right to consult a lawyer and make a will for the
prove, to the satisfaction of the court, that they disposition of his property
were exercising reasonable supervision over the *a convict sentenced to death may dispose of his
child at the time the child committed the offense property by an act or conveyance inter vivos
and exerted reasonable effort and utmost diligence because he was not suffering civil interdiction at
to prevent or discourage the child from committing the time he executed the deed of donation inter
another offense vivos (Art40 provides that civil interdiction is an
accessory penalty only when the death penalty is
LIABILITY OF PARENTS/GUARDIANS OR ANY not executed by reason of commutation or
PERSON IN THE COMMISSION OF DELINQUENCY pardon)
ACTS BY THEIR CHILDREN OR WARD
Shall be punished by a fine not exceeding P500 or to ART 83
imprisonment for a period not exceeding 2yrs or SUSPENSION OF THE EXECUTION OF THE DEATH
both at the discretion of the court upon a person SENTENCE
who knowingly and willfully: 1. Woman, while pregnant
2. Woman, within 1yr after delivery
 3. Person over 70yrs of age (REASON: to give ART 85
the Pres time to act because only the Pres can PROVISIONS RELATIVE TO THE CORPSE OF THE
commute the sentence) FAMILY EXECUTED AND ITS BURIAL
4. Convict who becomes insane after final 1. It can be claimed by deceased’s family,
sentence of death has been pronounced 2. If not, corpse shall be turned over to the
*when he recovers his reason and before the institute of learning or scientific research
penalty has prescribed, he may be put to death first applying for it for the purpose of study
and investigation provided that such
 RTC can suspend execution of death institution shall take charge of the decent
sentence upon petition of the prisoner, based burial of the remains
upon grounds arising after judgment has 3. Otherwise, Director of Prisons shall order
become final, the adjudication of which does the burial of the body at government
not challenge the validity of the judgment or expense, granting permission to be present
involve a review or reconsideration of the thereat to the members of the family and
proceedings (among such grounds are (1) friends of the culprit
insanity or pregnancy of the convict, (2) non- *burial of the body of a person sentenced to
identity of the prisoner with the person actually death should not be held with pomp or a
convicted and sentenced, (3) lack of a suitable dignified display with a lot of splendor (ex:
opportunity to be heard on an application for lavish military parade) (REASON: to prevent
executive clemency, and the like anyone from making a hero out of a
*court cannot grant indefinite, permanent or criminal)
conditional suspension of the execution of
sentences pronounced in crim cases ART 86
RECLUSION PERPETUA/TEMPORAL, PRISION
 Records to be forwarded to the Office of MAYOR/CORRECCIONAL, ARRESTO MAYOR
the Pres, when the death sentence has become Penalties for such shall be executed and served in
final for possible exercise of pardoning power the places and penal establishments provided by
the Admin Code in force or which may be provided
ART 47 ART 83 by law
Cases when death Provides for suspension only
penalty is not to be of execution of death ART 87
imposed sentence DESTIERRO
 Destierro – a penalty that restricts freedom;
ART 84 persons sentenced to such cannot enter the
PLACE OF EXECUTION: in the penitentiary or Bilibid place designated in the sentence, nor
in a space closed to the public view within a radius specified, which shall not be
more than 250 and not less than 25km from
PERSONS WHO MAY WITNESS EXECUTION the place designated
1. Priests assisting the offender
2. Offender’s lawyers *entering the prohibited area is evasion of the
3. Offender’s relatives, not exceeding 6, if so service of the sentence
requested
4. Physician WHEN DESTIERRO IS IMPOSED
5. Necessary personnel of penal establishment *refer to notes on Art27 RPC

*a person below 18 may not be allowed to witness ART 88

an execution ARRESTO MENOR
Such penalty shall be served:
1. in the municipal jail; or
2. in the house of the defendant himself under
the surveillance of an officer of the law
when the court provides in its decision,
taking into consideration the health of the
offender and other reason which may seem
satisfactory to it (ex: when convict is
suffering from tuberculosis)