1. Concept a. Legal basis Article 25. Penalties which may be imposed. – The penalties which may be imposed according to this Code, and their different classes, are those included in the following: Scale ———- Principal Penalties ——————– Capital punishment: —————————————- Death. ——————– Afflictive penalties: —————————————- Reclusion perpetua, —————————————- Reclusion temporal, —————————————- Perpetual or temporary…
1. Penalties [T]here is no crime when there is no law punishing it (Nullum Crimen, nulla poena sine lege). (Peñalosa v. Ocampo, Jr., G.R. No. 230299, April 26, 2023, Per Leonen, SAJ.) a. Legal basis Article 21. Penalties that may be imposed. – No felony shall be punishable by any penalty not prescribed by law…
1. Concept Accessories – refers to those who did not directly participate in the commission of the crime but take part in the subsequent acts in certain and specific situations. a. Legal basis Article 19. Accessories. – Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either…
1. Concept Accomplices – refers to the those who are not principals but cooperated in the commission of the crime by previous or simultaneous acts. a. Legal basis Article 18. Accomplices. – Accomplices are those persons who, not being included in Article 17, cooperate in the execution of the offense by previous or simultaneous acts….
1. Concept Principals – refers to those who authored or directly participated in the commission of the crime. a. Legal basis Article 17. Principals. – The following are considered principals: 1. Those who take a direct part in the execution of the act; 2. Those who directly force or induce others to commit it; 3….
1. Concept Who are criminally liable – refers to the individuals who are considered accountable for a crime that has been committed. a. Legal basis Article 16. Who are criminally liable. – The following are criminally liable for grave and less grave felonies: 1. Principals. 2. Accomplices. 3. Accessories. The following are criminally liable for…
1. Concept Alternative circumstances – refers to circumstances wherein they may be appreciated as an aggravating circumstance or a mitigating circumstance depending on the conditions. a. Legal basis Article 15. Their concept. – Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the…
1. Concept RPC’s suppletory application – refers to the supplementary application of the Revised Penal Code in case future special penal laws which may be lacking in certain respects. a. Legal basis Article 10. Offenses not subject to the provisions of this Code. – Offenses which are or in the future may be punishable under…
1. Concept Grave felonies, less grave felonies, light felonies – refer to the gravity or seriousness of the felonies or crimes as reflected in the extent of the penalty that is imposed. a. Legal basis Art. 9. Grave felonies, less grave felonies and light felonies. – Grave felonies are those to which the law attaches…
1. Concept Duty of the court – the Revised Penal Code imposes certain duties over courts in connection with acts which should be repressed but which are not covered by the law. a. Legal basis Article 6. Consummated, frustrated, and attempted felonies. – Consummated felonies as well as those which are frustrated and attempted, are…