Article 7Act No. 3815, Sec./Art. 7

When light felonies are punishable.-Light felonies are punishable only when they have been consummated, with the exception of those committed against persons or property.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

8. That the crime be committed with the aid of armed

men or persons who insure or afford impunity.

9. That the accused is a recidivist.

A recidivist is one who, at the time of his trial for one

crime, shall have been previously convicted by final

judgment of another crime embraced in the same title of

this Code.

10. That the offender has been previously punished by an

offense to which the law attaches an equal or greater

penalty or for two or more crimes to which it attaches a

lighter penalty.

11. That the crime be committed in consideration of a

price, reward, or promise.

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 by the use of any other artifice involving great waste

and ruin.

13.

That

the

act

be

committed

with

evidence

premeditation.

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

15. That advantage be taken of superior strength, or

means be employed to weaken the defense.

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

There is treachery when the offender commits any of the

crimes against the person, employing means, methods,

or forms in the execution thereof which tend directly and

specially to insure its execution, without risk to himself

arising from the defense which the offended party might

make.

17. That means be employed or circumstances brought

about which add ignominy to the natural effects of the

act.

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

There is an unlawful entry when an entrance of a crime a

wall, roof, floor, door, or window be broken.

20. That the crime be committed with the aid of persons

under fifteen years of age or by means of motor vehicles,

motorized watercraft, airships, or other similar means. (As

amended by RA 5438).

21. That the wrong done in the commission of the crime

be deliberately augmented by causing other wrong not

necessary for its commissions.

Chapter Five ALTERNATIVE CIRCUMSTANCES

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 crime and the other conditions attending its

commission. They are the relationship, intoxication and

the degree of instruction and education of the offender.

The alternative circumstance of relationship shall be

taken into consideration when the offended party in the

spouse, ascendant, descendant, legitimate, natural, or

adopted brother 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 mitigating circumstances when the

offender has committed a felony in a state of intoxication,

if the same is not habitual or subsequent to the plan to

commit said felony but when the intoxication is habitual

or intentional, it shall be considered as an aggravating

circumstance.

Title Two PERSONS CRIMINALLY LIABLE FOR

FELONIES

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 light felonies:

1. Principals

2. Accomplices.

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. Those who cooperate in the commission of the offense

by another act without which it would not have been

accomplished.

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.

Article 19. Accessories. - Accessories are those who,

having knowledge of the commission of the crime, and

without having participated therein, either as principals

or accomplices, take part subsequent to its commission

in any of the following manners:

1. By profiting themselves or assisting the offender to

profit by the effects of the crime.

2. By concealing or destroying the body of the crime, or

the effects or instruments thereof, in order to prevent its

discovery.

3. By harboring, concealing, or assisting in the escape of

the principals of the crime, provided the accessory acts

with abuse of his public functions or whenever the author

of the crime is guilty of treason, parricide, murder, or an

attempt to take the life of the Chief Executive, or is known

to be habitually guilty of some other crime.

Article 20. Accessories who are exempt from criminal

liability. - The penalties prescribed for accessories shall

not be imposed upon those who are such with respect to

their

spouses,

ascendants,

descendants,

legitimate,

natural, and adopted brothers and sisters, or relatives by

affinity

within

the

same

degrees,

with

the

single

exception of accessories falling within the provisions of

paragraph 1 of the next preceding article.

Title Three PENALTIES

Chapter One PENALTIES IN GENERAL

Article 21. Penalties that may be imposed. - No felony

shall be punishable by any penalty not prescribed by law

prior to its commission.

Article 22. Retroactive effect of penal laws. - Penal Laws

shall have a retroactive effect insofar as they favor the

persons guilty of a felony, who is not a habitual criminal,

as this term is defined in Rule 5 of Article 62 of this Code,

although at the time of the publication of such laws a

final sentence has been pronounced and the convict is

serving the same.

Article 23. Effect of pardon by the offended party. - A

pardon

of

the

offended

party

does

not

extinguish

criminal action except as provided in Article 344 of this

Code; but civil liability with regard to the interest of the

injured party is extinguished by his express waiver.

Article 24. Measures of prevention or safety which are

not considered penalties. - The following shall not be

considered as penalties:

1. The arrest and temporary detention of accused persons,

as

well

as their detention by reason of insanity or

imbecility, or illness requiring their confinement in a

hospital.

© Compiled By RGL

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