Criminal Law Book 1 Articles 41 – 50
Art. 41. Reclusion perpetua and reclusion temporal. — Their accessory penalties. — The penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for 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 pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.
Art. 42. Prision mayor — Its accessory penalties. — The penalty of prision mayor, shall carry with it that of temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage which the offender shall suffer although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.
Art. 43. Prision correccional — Its accessory penalties. — The penalty of prision correccional shall carry with it that of suspension from public office, from the right to follow a profession or calling, and that of perpetual special disqualification from the right of suffrage, if the duration of said imprisonment shall exceed eighteen months. The offender shall suffer the disqualification provided in the article although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.
Art. 44. Arresto — Its accessory penalties. — The penalty of arresto shall carry with it that of suspension of the right too hold office and the right of suffrage during the term of the sentence.
- Outline of accessory penalties inherent in principal penalties
- death – if not executed because of commutation or pardon
- perpetual absolute disqualification
- civil interdiction during 30 years (if not expressly remitted in the pardon)
- civil interdiction for life or during the sentence
- perpetual absolute disqualification (unless expressly remitted in the pardon)
- temporary absolute disqualification
- perpetual absolute disqualification from suffrage (unless expressly remitted in the pardon)
- suspension from public office, profession or calling
- perpetual special disqualification from suffrage if the duration of the imprisonment exceeds 18 months (unless expressly remitted in the pardon)
- RP and RT
- The accessory penalties in Art 40-44 must be suffered by the offender, although pardoned as to the principal penalties. To be relieved of these penalties, they must be expressly remitted in the pardon.
- No accessory penalty for destierro
- Persons who served out the penalty may not have the right to exercise the right of suffrage. For a prisoner who has been sentenced to one year of imprisonment or more for any crime, absolute pardon restores to him his political rights. If the penalty is less than one year, disqualification does not attach except if the crime done was against property.
- The nature of the crime is immaterial when the penalty imposed is one year imprisonment or more.
- The accessory penalties are understood to be always imposed upon the offender by the mere fact that the law fixes a certain penalty for the crime. Whenever the courts impose a penalty which by provision of law, carries with it other penalties, it’s understood that the accessory penalties are also imposed.
- the accessory penalties do not affect the jurisdiction of the court in which the information is filed because they don’t modify or alter the nature of the penalty provided by law. What determines jurisdiction in criminal cases is the extent of the principal penalty w/c the law imposes of the crime charged.
- the MTC has exclusive jurisdiction over offenses punishable with imprisonment of not exceeding 4 years and 2 months or a fine of not more than 4000 or both regardless of other imposable accessory or other penalties.
Art. 45. Confiscation and forfeiture of the proceeds or instruments of the crime. — Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of 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 the Government, unless they be property of a third person not liable for the offense, but those articles which are not subject of lawful commerce shall be destroyed.
- every penalty imposed carries with it the forfeiture of the proceeds of the crime and the instruments or tools used in the commission of the crime
- proceeds and instruments/tools of the crime are confiscated in favor of the government
- 3rd persons’ (not liable for the offense) property is not subject to confiscation and forfeiture
- property not subject of lawful commerce (whether it belongs to accused or 3rd person) shall be destroyed.
- can’t confiscate/forfeit unless there’s a criminal case filed and tried, and accused is acquitted.
- must indict 3rd person to order confiscation of his property
- instruments of the crime belonging to innocent 3rd person may be recovered
- confiscation can be ordered only if the property is submitted in evidence or placed at the disposal of the court
- articles which are forfeited – when the order of forfeiture is already final, can’t be returned even in case of an acquittal
- confiscation and acquittal are additional penalties. Where the penalty imposed did not include the confiscation of the goods involved, the confiscation & forfeiture of said goods would be an additional penalty and would amount to an increase of the penalty already imposed, thereby placing the accused in double jeopardy.
- when the accused has appealed, confiscation and forfeiture not ordered by the trial court may be imposed by the appellate court
- the government can’t appeal the modification of a sentence if the defendant did not appeal. But if the defendant appeals, it removes all bars to the review and correction of the penalty imposed by the court below, even if an increase thereof should be the result.
Art. 46. Penalty to be imposed upon principals in general. — The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony.
Whenever the law prescribes a penalty for a felony is general terms, it shall be understood as applicable to the consummated felony.
- The penalty prescribed by law in general terms shall be imposed:
a upon the principals
b for consummated felony
- Exception: when the law fixes a penalty for the frustrated or attempted felony. Whenever it is believed that the penalty lower by one or two degrees corresponding to said acts of execution is not proportionate to the wrong done, the law fixes a distinct penalty for the principal in the frustrated or attempted felony.
- The graduation of penalties refers to:
a stages of execution (consummated, frustrated, attempted)
b degree of the criminal participation of the offender (principal, accomplice, accessory)
- the division of a divisible penalty (min, med, max) refers to the proper period of the penalty which should be imposed when aggravating or mitigating circumstances attend the commission of the crime.
Art. 47. In what cases the death penalty shall not be imposed. — The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except in the following cases:
1. When the guilty person be more than seventy years of age.
2. When upon appeal or revision of the case by the Supreme court, all the members thereof are not unanimous in their voting as to the propriety of the imposition of the death penalty. For the imposition of said penalty or for the confirmation of a judgment of the inferior court imposing the death sentence, the Supreme Court shall render its decision per curiam, which shall be signed by all justices of said court, unless some member or members thereof shall have been disqualified from taking part in the consideration of the case, in which even the unanimous vote and signature of only the remaining justices shall be required.
- whenever the judgment of the lower court imposes the death penalty, the case shall be determined by 10 justices of the court. When 10 justices fail to reach a decision (as to the propriety of the imposition of the death penalty), the penalty next lower in degree than the death penalty shall be imposed.
- Death penalty not imposed in the ff cases:
a) when the person is more than 70 years old at time RTC sentenced him
b) when upon appeal or revision of the case by the SC, 10 justices are not unanimous in their voting
c) when the offender is a minor under 18 yrs of age. Why? Because minority is always a mitigating circumstance
- Justification for the death penalty: social defense and exemplarity. Not considered cruel and unusual because does not involve torture or lingering death.
- Crimes where death penalty is imposed:
b) certain acts of espionage under Commonwealth Act 616
c) correspondence w/ hostile country when it contains notice or information and the intention of the offender is to aid the enemy
d) qualified piracy
e) certain violations of the Anti-subversion act
h) kidnapping and serious illegal detention
i) robbery w/ homicide
j) rape w/ homicide
k) when death resulted from the commission of arson or other crime involving destruction
- trial court must require the prosecution to present evidence, despite plea of guilty, when the crime charged is punished by death. A sentence of death is valid only if it is susceptible of a fair and reasonable examination by the court. This is impossible if no evidence of guilt was taken after a plea of guilty.
Art. 48. Penalty for complex crimes. — When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period.
- The 2 or more grave or less grave felonies must be the result of a single act, or an offense must be a necessary means to commit the crime.
- Complex crime – one crime only as there is only one criminal intent – only one information need be filed.
- 2 kinds of complex crimes:
a) compound crime – single act constitutes 2 or more grave or less grave felonies
1) that only one single act is committed by the offender
2) that the single act produces
a) 2 or more grave felonies
b) one or more grave and one or more less grave felonies
c) 2 or more less grave felonies
b) complex crime proper – when an offense is a necessary means for committing another
1) that at least 2 offenses are committed
2) that one or some of the offenses must be necessary to commit the other
3) that both or all the offenses must be punished under the same statute
- No single act in the following cases:
a) When 2 persons are killed one after the other, by different acts, although these 2 killings were the result of a single criminal impulse, the different acts must be considered as distinct crimes.
b) When the acts are wholly different, not only in themselves, but also because they are directed against 2 different persons, as when one fires his gun twice in succession, killing one and injuring the other.
- Light felonies produced by the same act should be treated and punished as separate offenses or may be absorbed by the grave felony.
a) several light felonies resulting from one single act – not complex
Juan hit Pedro’s car, resulting in several light injuries and light felony of damage to property. No complex crime because the crime of slight physical injuries and damage to property are light felonies. There are as many crimes as there are persons injured w/ light physical injuries and as many penalties as there are light felonies committed, even though they are produced by a single act of the offender.
b) when the crime is committed by force or violence, slight physical injuries are absorbed.
- Examples of complex crimes:
a) Juan was a barangay captain who was killed while discharging his duty, the crime is a complex crime of homicide w/ assault upon a person of authority.
b) Juan raped Petra, causing her physical injuries w/c required a month’s worth of medical attention. This is a complex crime of rape w/ less serious physical injuries. The injuries were necessary to the commission of the rape.
- when in obedience to an order, several accused simultaneously shot many persons, without evidence how many each killed, there is only a single offense, there being a single criminal impulse.
- when various acts are executed for the attainment of a single purpose w/c constitutes an offense, such acts must be considered only as one offense.
Example: Juan falsified 100 warehouse receipts from April to June which enabled him to swindle the bank of 100 million. There’s only one complex crime of estafa through multiple falsification of documents.
- There is no complex crime of arson w/ homicide
- Art 48 is applicable to crimes through negligence
Example: Juan lit a cigarette as he poured gas in the tank of his car in his garage. The gas caught fire and the house burned. His sister died and the maid suffered serious physical injuries. The crimes of arson, homicide, serious physical injuries and damage to property constitute a complex crime. There is only one penalty but there are 3 civil liabilities.
- No complex crime when one of the offenses is penalized by a special law
- Example of complex crime proper (at least 2 crimes must be committed):
Kidnapping the victim to murder him in a secluded place – ransom wasn’t paid so victim was killed. Kidnapping was a necessary means to commit murder. But where the victim was taken from his home for the sole purpose of killing him and not for detaining him illegally or for the purpose of ransom, the crime is simple murder.
- “Necessary means” does not mean “indispensable means”. Indispensable would mean it is an element of the crime. The crime can be committed by another mean. The means actually employed (another crime) was merely to facilitate and insure the consummation of the crime.
- When in the definition of a felony, one offense is a means to commit the other, there is no complex crime.
Ex. Murder committed by means of fire. Murder can be qualified by the circumstance of fire so no complex crime even if Art 321 and 324 punishes arson. It’s plain and simple murder.
- Not complex crime when trespass to dwelling is a direct means to commit a grave offense. Like rape, there is no complex crime of trespass to dwelling with rape. Trespass will be considered as aggravating (unlawful entry or breaking part of a dwelling)
- No complex crime when one offense is committed to conceal another
Example: Juan set the school on fire after committing homicide. 2 crimes.
- When the offender had in his possession the funds w/c he misappropriated, the falsification of a public or official document involving said funds is a separate offense. But when the offender had to falsify a public or official document to obtain possession of the funds w/c he misappropriated, the falsification is a necessary means to commit the malversation.
- There is no complex crime of rebellion with murder, arson, robbery or other common crimes. They are mere ingredients of the crime of rebellion – absorbed already.
- When 2 crimes produced by a single act are respectively within the exclusive jurisdiction of 2 courts of different jurisdiction, the court of higher jurisdiction shall try the complex crime.
Example: Although the forcible abduction which was supposedly commenced in Manila was not proven, and although the rape which was proven was actually committed in Cavite, still the RTC of Manila had jurisdiction to convict the accused of rape. The complex crime of forcible abduction with rape was charged in the complaint on the basis of which the case was tried.
- Art. 48 is intended to favor the culprit.
- The penalty for complex crime is the penalty for the most serious crime, the same to be applied in its maximum period. If the different crimes resulting from one single act are punished with the same penalty, the penalty for any one of them shall be imposed, the same to be applied in the maximum period. The same rule shall be observed when an offense is a necessary means to commit the other.
- A complex crime of the second form may be committed by two persons.
- But when one of the offenses, as a means to commit the other, was committed by one of the accused by reckless imprudence, the accused who committed the crime by reckless imprudence is liable for his acts only.
Example: Juan cooperated in the commission of the complex offense of estafa through falsification by reckless imprudence by acts without which it could not have been accomplished, and this being a fact, there would be no reason to exculpate him from liability. Even assuming he had no intention to defraud Tomas if his co-defendants succeeded in attaining the purpose sought by the culprits, Juan’s participation together w/ the participation of his co-defendants in the commission of the offense completed all the elements necessary for the perpetration of the complex crime of estafa through falsification of documents.
- When two felonies constituting a complex crime are punishable by imprisonment and fine, respectively, only the penalty of imprisonment shall be imposed.
- When a single act constitutes two grave or less grave or one grave and another less grave, and the penalty for one is imprisonment while that for the other is fine, the severity of the penalty for the more serious crime should not be judged by the classification of each of the penalties involved, but by the nature of the penalties.
Example: Even if the fine for damage to property through reckless imprudence is P40,000, an afflictive penalty, and the penalty for the physical injuries resulting from the same act is only 4 mos of arresto mayor, a correccional penalty may be imposed.
- In the order of severity of the penalties, arresto mayor and arresto menor are considered more severe than destierro and arresto menor is higher in degree than destierro.
- Fine is not included in the list of penalties in the order of severity and it is the last in the order.
- Art 48 applies only to cases where the Code doesn’t provide a specific penalty for a complex crime.
- Art 48 doesn’t apply when the law provides one single penalty for single complex crimes like the ff:
a) robbery w/ homicide
b) robbery w/ rape
c) kidnapping w/ serious physical injuries
d) rape w/ homicide
- When a complex crime is charged and one offense is not proven, the accused can be convicted of the other.
- Plurality of crimes – consists in the successive execution by the same individual of different criminal acts upon any of w/c no conviction has yet been declared.
- Kinds of plurality of crimes:
a) formal or ideal – only one criminal liability
b) real or material – there are different crimes in law as well as in the conscience of the offender, in such cases, the offender shall be punished for each and every offense that he committed.
Example: Juan stabbed Pedro, then Juan stabbed Tomas too. There are 2 committed as 2 acts were performed.
|PLURALITY OF CRIMES||RECIDIVISM|
|No conviction of the crimes committed||There must be conviction by final judgment of the first prior offense|
- Formal/ideal plural crimes are divided into 3 groups: (a person committing multiple crimes is punished w/ one penalty in the ff cases)
a) when the offender commits any of the complex crimes defined in art 48
b) when the law specifically fixes a single penalty for 2 or more offenses committed: robbery w/ homicide, kidnapping w/ serious physical injuires
c) when the offender commits continued crimes
- Continued crimes – refers to a single crime consisting of a series of acts but all arising from one criminal resolution. Although there is a series of acts, there is only one crime committed, so only one penalty shall be imposed.
- Examples of continued crimes:
a) a collector of a commercial firm misappropriates for his personal use several amounts collected by him from different persons. There is only one crime because the different and successive appropriations are but the different moments during which one criminal resolution arises.
b) Juan stole 2 books belonging to 2 different persons. He commits only one crime because there is unity of thought in the criminal purpose of the offender.
- A continued crime is not a complex crime as offender does not perform a single act but a series of acts. Therefore:
a) penalty not to be imposed in the maximum
b) no actual provision punishing a continued crime – it’s a principle applied in connection w/ 2 or more crimes committed w/ a single intention.
- Continued crime is different from a transitory crime. Transitory crime is “moving crime”.
Example: kidnapping someone for ransom and moving him to another venue. The offenders can be prosecuted and tried in either of the 2 areas.
|REAL/MATERAIAL PLURALITY||CONTINUED CRIME|
|There is a series of acts performed by the offender||Same|
|Each act performed constitutes a separate crime because each act is generated by a criminal impulse||Different acts constitute only one crime because all of the acts performed arise from one criminal resolution.|
Art. 49. Penalty to be imposed upon the principals when the crime committed is different from that intended. — In cases in which the felony committed is different from that which the offender intended to commit, the following rules shall be observed:
1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to commit, the penalty corresponding to the latter shall be imposed in its maximum period.
2. If the penalty prescribed for the felony committed be lower than that corresponding to the one which the accused intended to commit, the penalty for the former shall be imposed in its maximum period.
3. The rule established by the next preceding paragraph shall not be applicable if the acts committed by the guilty person shall also constitute an attempt or frustration of another crime, if the law prescribes a higher penalty for either of the latter offenses, in which case the penalty provided for the attempted or the frustrated crime shall be imposed in its maximum period.
- Art 49 has reference to the provision in the 1st par of Art 4 which provides that criminal liability shall be incurred “by any person committing a felony although the wrongful act done be different from that which he intended”
- Art 49 applicable only in cases when there is a mistake in identity of the victim of the crime and the penalty for the crime committed is different from that for the crime intended to be committed.
- Art 49 also has no application where a more serious consequence not intended by the offender befalls the same person.
Example: Juan only wanted to inflict a wound upon Pedro but because he lost control of his right arm, he killed Pedro. Art 49 not applicable.
|ART 49||ART 48|
|Lesser penalty to be imposed in its maximum pd||Penalty for the more serious crime shall be imposed in its maximum pd|
- Art. 49 has reference to Art. 4(1). It applies only when there is error in personae.
- In Art. 49 (Paragraphs 1 and 2) the lower penalty in its maximum period is always imposed.
- In Par. 3 the penalty for the attempted or frustrated crime shall be imposed in its maximum period. This rule is not necessary and may well be covered by Art. 48, in view of the fact that the same act also constitutes an attempt or a frustration of another crime.
Art. 50. Penalty to be imposed upon principals of a frustrated
crime. — The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the principal in a frustrated felony.
Criminal Law Book 1 Reviewer
Ateneo Central Bar Operations 2001