PenaltiesUnder the Revised Penal Code

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What Is A Penalty? It is the suffering that is inflicted by the State for the transgression of a law. In its general sense, signifies pain; especially considered in the juridical sphere, It means suffering undergone, because of the action of human society, by one who commits a crime>> 0 >> 1 >> 2 >> 3 >> 4 >>

What Are The Juridical Conditions Of Penalty?a) Must be productive of suffering, without however affecting the integrity of the human personality. b) Must be commensurate with the offense different crimes must be punished with different penalties. c) Must be personal no one should be punished for the crime of another.>> 0 >> 1 >> 2 >> 3 >> 4 >>

What Are The Juridical Conditions Of Penalty?d) Must be legal it is the consequence of a judgment according to law. e) Must be certain no one may escape its effects. f) Must be equal for all. g) Must be correctional.

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What Is The Purpose Of The State In Punishing Crimes? To Secure Justice. The State has an existence of its own to maintain, a conscience of its to assert, and moral principles to be vindicated. Penal justice must be therefore be exercised by the State in the service and satisfaction of a duty, and rests primarily on the moral rightfulness of the punishment inflicted.>> 0 >> 1 >> 2 >> 3 >> 4 >>

What Are The Theories Justifying Penalty?a) Prevention b) Self-defense c) Reformation d) Exemplarity e) Justice Note: Social defense and exemplarity justify the penalty of death.>> 0 >> 1 >> 2 >> 3 >> 4 >>

What Are The Three-Fold Purposes Of A Penalty Under RPC?1. Retribution or Expiation the penalty is commensurate with the gravity of the offense. 2. Correction or Reformation as shown by the rules which regulate the execution of the penalties consisting in deprivation of liberty. 3. Social defense shown by its inflexible severity to recidivists and habitual delinquents.

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When Penalty May NOT Be Imposed? No felony shall be punishable by any penalty not prescribed by law prior to its commission. (Art 21,RPC)

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When Penal Laws Shall Have A Retroactive Effect? Penal laws shall have a retroactive effect in so far as they favor the person guilty of a felony, who is not a habitual criminal. (Art. 22, RPC) Although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same. Note: General rule is to give criminal laws prospective effect.

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When Penal Laws Shall Have A Retroactive Effect?The favorable retroactive effects of a new law find the defendant in one of these three situations: a) The crime has been committed and prosecution begins; b) Sentence has been passed but service has not begun; c) The sentence is being carried out.>> 0 >> 1 >> 2 >> 3 >> 4 >>

What Is The Effect Of Pardon By The Offended Party? A pardon by the offended party does not extinguish criminal action except as provided in Article 344 of RPC. But civil liability with regard to the interest of the injured party is extinguished by his express waiver. Pardon under Art. 344 of RPC must be made before institution of criminal prosecution.>> 0 >> 1 >> 2 >> 3 >> 4 >>

What Is The Effect Of Pardon By The Offended Party? Note: Pardon under Art. 344 of RPC is only a bar to criminal prosecution. Art. 89 of RPC does not mentioned pardon by the offended party as one of the causes of total extinguish of criminal liability.

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When Pardon May Be Granted? Pardon may be granted conviction by final judgment. only after

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What are the effects of pardon by the President? A pardon shall not restore the right to hold public office or the right of suffrage. It shall not exempt the culprit from the payment of the civil indemnity. Exception: When any or both such rights is or are expressly restored by the terms of the pardon.(Art. 36, RPC)

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What Are The Measures Of Prevention Or Safety Are Not Considered Penalties?a) The arrest and temporary detention of accused persons b) The commitment of a minor to any of the institutions mentioned in RA 9344. c) Suspension from the employment or public office during the trial or in order to institute proceedings.>> 0 >> 1 >> 2 >> 3 >> 4 >>

What Are The Measures Of Prevention Or Safety Are Not Considered Penalties?d) Fines and other corrective measures. e) Deprivation of rights and the reparations which the civil law may establish in penal form.

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What Are The Penalties That May Be Imposed?1. Principal Penalties: 1.1 Capital Punishment: Death 1.2 Afflictive Penalties: Reclusion Perpetua / Reclusion Temporal / Perpetual or Temporary Absolute Disqualification / Perpetual or Temporary Special Disqualification / Prision Mayor

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What Are The Penalties That May Be Imposed? 1.3 Correctional Penalties: Prision Correccional / Arresto Mayor / Suspension / Destierro 1.4 Light Penalties: Arresto Menor / Public Censure 1.5 Penalties common to the three preceding classes: Fine, and Bond to keep the peace.>> 0 >> 1 >> 2 >> 3 >> 4 >>

What Are The Penalties That May Be Imposed?2. Accessory Penalties: Perpetual or Temporary Absolute Disqualification Perpetual / Temporary Special Disqualification / Suspension from public office, the right to vote and be voted for, the profession or calling / Civil interdiction / Indemnification / Forfeiture / Confiscation of instruments and proceeds of the offense / Payment of Cost>> 0 >> 1 >> 2 >> 3 >> 4 >>

What Are The Classifications Of Penalties? Principal penalties those expressly imposed by the court in the judgment of conviction. Accessory penalties those that are deemed included in the imposition of the principal penalties.

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Classification Of Principal Penalty1. Indivisible penalties are those which have no fixed duration, which are: Death / Reclusion Perpetua / Perpetual absolute or special disqualification / Public censure 2. Divisible penalties are those that have fixed duration and are divisible into three periods.

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What Is The Classification If The Principal Penalty Consists Of A FINE Only? Afflictive Penalty, if fine exceeds 6,000 pesos. Correccional Penalty, if fine does not exceed 6,000 pesos but is not less than 200 pesos. Light Penalty, if fine is less than 200 pesos.>> 0 >> 1 >> 2 >> 3 >> 4 >>

What Is The Duration Of Each Penalty? Reclusion Perpetua shall be from twenty years and one day to forty years / Reclusion Temporal 12 years and 1 day to 20 years / Prision Mayor 6 years and 1 day to 12 years / Prision Correccional 6 months and 1 day to six years / Arresto Mayor 1 month and 1 day to 6 months / Arresto Menor 1 day to 30 days / Bond to keep the peace shall be required to cover such period of time as the court may determine.>> 0 >> 1 >> 2 >> 3 >> 4 >>

In What Cases May Destierro Be Imposed?a. Serious physical injuries or death under exceptional circumstances (Art. 247) b. In case of failure to give bond for good behavior (Art. 248) c. As a penalty for the concubine in concubinage (Art. 334) d. In cases where after reducing the penalty by one or more degrees destierro is the proper penalty.>> 0 >> 1 >> 2 >> 3 >> 4 >>

Terms To Consider Preventive Imprisonment Subsidiary Penalty Cost Civil Interdiction

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Cost Cost shall include fees and indemnities in the course of the judicial proceedings, whether they are fixed or unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule.

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What Are The Pecuniary Liabilities Of Persons Criminally Liable? The reparation of the damage caused. Indemnification of the consequential damages. Fine. Costs of Proceedings. (Art. 38, RPC)

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What Is Subsidiary Penalty? It is a subsidiary personal liability to be suffered by the convict who has no property with which to meet the fine, at the rate of one day for each eight pesos, subject to the rules provided for in Article 39.

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When Subsidiary penalty is not imposable? When the penalty imposed is higher than prision correccional. (Par. 3, Art. 39, RPC) For failure to pay the reparation of the damage caused, indemnification of the consequential damages, and the costs of the proceedings. When the penalty imposed is fine and a penalty not to be executed by confinement in a penal institution and which has no fixed duration.>> 0 >> 1 >> 2 >> 3 >> 4 >>

When There Is A Complex Crime? When a single act constitutes two or more grave or less grave felonies. (compound crime) When an offense is a necessary means for committing the other. (complex crime proper) Note: No complex crime where one of the offense is penalized by a special law.>> 0 >> 1 >> 2 >> 3 >> 4 >>

What Is Special Complex Crime? Cases which seem to be complex crimes but cannot be considered as such, as the RPC specially provides penalty therefore. Example: Robbery with Homicide (Art. 294, par. 1), Robbery with Rape (Art. 294, par. 2), Kidnapping with Serious Physical Injuries (Art. 267, par. 3), Kidnapping with Murder or Homicide (Art. 267, last par.), or Rape with Homicide (Art. 335).>> 0 >> 1 >> 2 >> 3 >> 4 >>

What Is Plurality Of Crimes? It consists in the successive execution by the same individual of different criminal acts upon any of which no conviction has yet been declared.

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What Is Continued Crime? It is a single crime consisting of a series of acts but all arising from one criminal resolution.

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What Is The Rule on Successive Service of Sentences?1. When the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature of the penalties will so permit (Par. 1, Art. 70, RPC) 2. Otherwise, in the imposition of the penalties, the order of their respective severity shall be followed so that they may be executed successively. (Par. 2, Art. 70, RPC)

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What Is The Rule on Successive Service of Sentences? Note: Material Accumulation System absolute accumulation of crimes and penalties and establishes no limitation whatsoever and, accordingly, all the penalties for all the violations were imposed even if they reached beyond the natural span of human life. (Guevara)

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What Is The Three-Fold Rule? It means that the maximum duration of the convicts sentence shall not be more than threefold the length of time corresponding to the most severe of the penalties imposed upon him. No other penalty shall be inflicted after the sum of those imposed equals the said maximum period. Such maximum penalty shall in no case exceed forty years. Applicable only when the convicted person has to serve at least four (4) sentences.>> 0 >> 1 >> 2 >> 3 >> 4 >>

What Is The Three-Fold Rule? Note: Juridical Accumulation System the service of the several penalties imposed on one and the same culprit is limited to not more than three-fold the length of time corresponding to the most severe and in no case to exceed 40 years.

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Note: Duration of the convicts sentence refers to several penalties for different offenses, not yet served out. Subsidiary imprisonment forms part of the penalty. (Bagtas vs. Director of Prisons, 84 Phil. 692, 698)

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Other System of Penalty Absorption system - the lesser penalties are absorbed by the graver penalties. Observed in the imposition of complex crimes (Art 48), continuing crimes, and specific crimes like robbery with homicide, etc.)

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What Is Executive Clemency? It refers to Commutation of Sentence, Absolute and Conditional Pardon, with or without parole conditions, as may be granted by the President of the Philippines upon the recommendation of the Board of Pardon and Parole.

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When Is Criminal Liability Totally Extinguished? By the death of the convict / By service of the sentence / By amnesty, which completely extinguishes the penalty and all its effects / By absolute pardon / By prescription of the crime / By prescription of the penalty / By the marriage of the offended woman, as provided in Art. 344 of this Code. Extinction of criminal liability does not automatically extinguish the civil liability. (Petralba vs. Sandiganbayan, 200 SCRA 644)>> 0 >> 1 >> 2 >> 3 >> 4 >>

When Is Criminal Liability Partially Extinguished? By conditional pardon By commutation of the sentence; and For good conduct allowances which the culprit may earn while he is serving sentence.

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What Is Amnesty? It is an act of the sovereign power granting oblivion or a general pardon for a past offense, and is rarely, if ever, exercised in favor of a single individual, and is usually exerted in behalf of certain classes of persons, who are subject to trial but have not yet been convicted. (Brown vs. Walker, 161 US 602)>> 0 >> 1 >> 2 >> 3 >> 4 >>

What Is Pardon? It is an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed. Two kinds of pardon: (a) Absloute (b) Conditional

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Prescription of Crimes vs. Prescription of Penalties Prescription of Crimes the loss or forfeiture of the power of the State to prosecute offenses after the lapse of the period prescribed by law. Prescription of Penalty the loss or forfeiture of the power of the State to impose punishment after the lapse of the period prescribed by law.>> 0 >> 1 >> 2 >> 3 >> 4 >>

When Does A Crime Prescribe? Crimes punishable by death, reclusion perpetua or temporal shall prescribe in 20 years. Crimes punishable by other afflictive penalties shall prescribe in 15 years.

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When Does A Crime Prescribe? Those punishable by a correctional penalty shall prescribe in 10 years; With the exception of those punishable by arresto mayor, which shall prescribe in 5 years.

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When Does A Crime Prescribe? The Crime of libel or other similar offenses shall prescribe in 1 year. The offenses of oral defamation and slander by deed shall prescribe in 6 moths. Light offenses prescribe in 2 months.

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When And How Penalties Prescribe? The penalties imposed by final sentence prescribe as follows: Death and reclusion perpetua, in 20 years / Other afflictive penalties, in 15 years / Correctional penalties, in 10 years, with the exception of the penalty of arresto mayor, which prescribes in 5 years / Light penalties, in 1 year.>> 0 >> 1 >> 2 >> 3 >> 4 >>

THE END

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