Title Three: Penalties

Chapter I: Penalties in General

Penalty- suffering that is inflicted by the State for the transgression of law; it is punishment prescribed by law prior to the commission of the crime and imposed by the court upon conviction of the accused; signifies pain

Penalty that may be imposed

Only that penalty prescribed by law prior to the commission of the felony (Article 21)

Felonies are punishable under the laws in force at the time of their commission (Article 366)

But the penalty prescribed by a law enacted after the commission of the felony may be imposed, if it is favorable to the offender

Juridical Conditions of Penalty

1. Legal- prescribed by law prior to the commission of the crime; a consequence of a judgment

2. Judicial- imposed by the court upon conviction; correctional

3. Definite- it cannot be uncertain or conditional; no one may escape its effects

4. Personal- no one should be punished for the crime of another

Acto personalis moritur cum persona; action peonalis in haeredem non datur, nisi forte ex damno locupletior haeres factus sit.

A personal right of action dies with the person. A penal action is not given against an heir, unless, indeed, such heir is benefited by the wrong

5. Equal- penalty should apply to all

6. Commensurate- different crimes mist be punished with different penalties

7. Productive of suffering- without affecting the integrity of human personality

Purpose of Punishing Crime

To secure justice

To maintain existence, assert conscience, and vindicate moral principles

Penal justice is exercised by the State in the service and satisfaction of a duty, and rests primarily on the moral rightfulness of the punishment inflicted

Theories justifying penalty:

1. Preventive- State must punish the criminal to prevent or suppress the danger to the State and to the public from the criminal acts of the offender

2. Self-defense- State has the right to punish the criminal as a measure of self-defense so as to protect society from the threat and wrong inflicted by the criminal

3. Reformation- The object of punishment in criminal cases is to correct ad reform, as the State has the duty to take care of and reform of and reform the criminal.

4. Exemplarity- The criminal is punished to serve as an example to deter other from committing crimes

5. Justice- The absolute theory of penalty rests on the theory that crime must be punished by the State as an act of retributive justice, vindication of absolute right, and moral law violated by the criminal

Justification of Death Penalty

Means of society to protect itself from such enemy by taking his life in retribution for his offense and as an example and warning to others

Self-defense and Exemplarity

Three-fold purpose of penalty

1. Retribution or expiation- the penalty is commensurate with the gravity of the crime

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

Constitutional Restriction on penalties

No excessive, cruel and unusual punishments- so disproportionate to the offense committed as to shock the moral sense of all reasonable men as to what is right and proper under the circumstances

Article 21. Penalties that may be imposed.

Only penalty prescribed by the law prior to the commission of the crime shall be imposed upon a person found guilty thereof

Not a penal provision. Neither defines a crime nor provides a punishment for one

Announcement of government policy and guaranty that no act of his will be considered criminal unless the law has provided for its punishment

Invoked when a person is being tried for a act or commission for which no penalty has been prescribed by law

A law cannot be rationally obeyed unless it is first shown, and a man cannot be expected to obey an order that has not been given.

It is the duty for the courts to apply the law. If there is no penalty for an act or omission that the court thinks should be penalized, the proper remedy is to dismiss the case and report to the Chief Executive through the DOJ for reasons that induce it to believe that said act should be penalized

Article 22. Retroactivity of Penal Laws.

Refer to substantive penal laws and does not apply to special laws

Penal laws shall only have retroactive effect if it is favorable to the accused, who is not a habitual delinquent.

If by an amendment, punishment for an act is made less severe than by provisions of this code, accused person may invoke this provision.

Courts are mandated to apply retroactivity if favorable to the accused even if already serving sentence.

Also applies to a law dealing with prescription of an offense which is intimately connected with that of the penalty, for the length of time prescription depends upon the gravity of the offense

Prohibition against ex post facto laws

Makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act

Aggravates a crime, or makes it greater than it was, when committed

Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed

Altered the legal ruled of evidence, and authorizes conviction upon less or different testimony than the law required at the time of commission of the offense

Assuming to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right for something which when done was lawful

Deprives a person accused of a crime of some lawful protection to which he was entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty

Habitual Delinquent- if within the period of ten years from the date of his release or last conviction of the crime of serious or less serious physical injuries, robbery, theft, estafa, or falsification. (S/LPI T E R F)

Repeal of a Penal Law

1. Absolute repeal- express or implied

2. Partial repeal

3. Self-repeal

Effects of absolute repeal

1. Expressed absolute repeal- When a law expressly repeals a prior law in absolute term such that a persons conduct formerly denounces as a crime is no longer deemed criminal, the accused cannot be convicted of the act punished in the repealed law since it would be illogical for the court to sentence him for an offence that no longer exists

2. Implied absolute repeal- where the repealing law entirely fails to penalize the acts which constituted the offense defined and penalized in the repealed law, the repeal carries with it the deprivation the courts of jurisdiction to try, convict and sentence persons charged with violation of the old law prior to the repeal.

Effects of expressed or implied absolute repeal

1. Effect on the criminal cases still pending in court

The case shall be dismissed since the court loses jurisdiction to try and decide it in view of the obliteration of the offense from the statute books

2. Effect on service of sentence

When the case is already decided by the court and the accused is serving his sentence, he shall be released from detention for the same reason

3. Effect on the case not yet filed in court

The criminal case can no longer be filed in court since the act no longer constitutes a crime

Effects of partial repeal

1. If the repealing law penalizes the same act punished by the repealed law, the court retains the authority to try and sentence the accused under the old law or the law existing at the time of its commission

2. If the same act is punished by both the repealing and the repealed law and the penalty provided in the new law is lighter, the accused shall be sentenced to suffer the penalty retroactive effect when the accused is not a habitual delinquent and that the new law does not prohibit retroactivity

Self-repealing law

One that expires by its own terms and provision

Effect, as though it had been repealed at the time of its expiration

Favorabiliab sunt amplianda, adiosa restrigensa, Penal laws that are favorable to the accused are given retroactive effect

Article 23. Effect of pardon by the offended party.

Two kinds of liabilities resulting from a crime

Criminal liability

Civil Liability

Article 100 of the RPC every person criminally liable is also civilly liable

Nature of the criminal liability of the offender

The State is interested in the enforcement of the criminal liability for it is a matter of public interest

Nature of civil liability of the offender

Enforcement sought by the offended party or his heirs. In the form of:

Restitution of the thing unlawfully taken (Article 105, RPC)

Reparation of the damage cause (Article 106, RPC)

Indemnification for consequential damages (Article 107, RPC)

Bar to prosecution through pardon is only applicable to acts under Article 344 of the RPC: ASAA

Adultery

Concubinage

Seduction

Abduction

Acts of Lasciviousness

Requirements for pardon of the offended party

Abduction, seduction and acts of lasciviousness: ASA

1. It must be express

2. Must be done prior to the institution of the action in court

Adultery and Concubinage: AC

1. May be expressed or implied

2. Must include both partied

Only a bar to prosecution, not an extinction of criminal liability, Article 89 have the exclusively provided for the extinction of criminal liability

Compromise does not extinguish criminal liability

Pardon by the Chief Executive

Pardon by the Offended Party

Extinguishes criminal liability

Extinguishes civil liability

May be extended to all crimes except election and impeachment cases

Only a bar to prosecution to private crimes under Article 344

Given after final judgment of conviction

Done prior to the institution of the criminal action incourt

Given only to one convict

Extended to both offenders in adultery and concubinage

Article 24. Measures of prevention or safety which are not considered penalties.

Measures not considered as penalties

Detention of the insane, or imbecile, or ill person needed to be confined in a hospital

Detention of minors in youth detention homes established by local government (or in DSWD or a local rehabilitation center) who will be responsible for the childs appearance to court

Suspension from employment or public office during trial

Fines and other corrective measures in the exercise of the administrative or disciplinary powers by superior officials

Deprivation of rights and the reparations established by civil law in penal form e.g. termination of parental authority

Commitment to a rehabilitation center of a drug dependent (RA 9165)

Arrest and temporary detention of the accused

Why they are not considered penalties?

Because they are not a result of a judicial proceeding

Chapter II: Classification of Penalties

Article 25. Penalties which may be imposed

Scale

Principal Penalties

Capital Punishment:

Death

Afflictive Penalties:

Reclusion Perpetua

Reclusion Temporal

Perpetual or temporary absolute disqualification

Perpetual or temporary special disqualification

Prision Mayor

Correctional Penalties:

Prision Correccional

Arresto Mayor

Suspension

Destierro

Light Penalties:

Arresto Menor

Public Censure

Penalties common to the threes preceding classes:

Fine, and

Bond to keep peace

Accessory Penalties:

Perpetual or temporary disqualification

Perpetual or temporary special disqualification

Suspension from public office, the right to vote and be voted for, the profession or calling

Civil interdiction

Indemnification

Forfeiture or confiscation of instruments and proceeds of the offense

Payment of cost

Classification of Penalties: PA

Principal Penalties- those expressly specified in the judgment of conviction

Accessory Penalties- those deemed included in the principal penalty and do not have to be expressly specified in the judgment of conviction

Classification According to Gravity: CACP

Capital penalty- grave felony

Afflictive penalty- grave felony

Correctional Penalty- less grave felony, prision correccional; Light felonies, arresto menor and below or fine not exceeding 200

Penalties common to afflictive, correctional and light penalties

Classification According to Divisibility: ID

Indivisible Penalty- those that have no fixed duration and therefore they cannot be divided into three periods

Death

Reclusion Perpetua (RA 7695)

Public Censure

Divisible Penalty- those that have a fixed duration and therefore can be divided into three periods

Classification of penalties according to subject-matter: CDRDP

Corporal (death)

Deprivation of Freedom (reclusion, prision, arresto)

Restriction of Freedom (Destierro)

Deprivation of Rights (disqualification and suspension)

Pecuniary (fine)

life imprisonment is only for special laws. No accessory penalty. No definite extent or duration.

no more cadena perpetua

Public censure is not proper in acquittal

In acquittal, the trial court may still criticize or express disappointment for the reprehensible acts and conduct of the accused; to avoid the impression that the court approves of his act

Penalties which may be imposed are those in Article 25 only.

RA 9346 prohibits imposition of death penalty, reclusion perpetua instead.

PTAD, PTSD, and suspension may be both principal and an accessory penalty because they are formed in two general classes

Article 26. Fine

Classification of Fines

Afflictive- over Php 6,000.00

Correctional- Php 200.00 to Php 6,000.00

Light penalty- less than Php 200.00

Fines cannot be reduced or converted into a prison term

Fine is an independent penalty

Article 26 is to be construed with Article 90 to determine prescriptive periods of crimes; to wit:

Afflictive, 15 years

Correctional, 10 years

Light, 2 months

Chapter III: Duration and Effect of Penalties

Section 1: Duration of Penalties

Article 27. Duration of penalties.

Reclusion perpetua- 20 year and 1 day to 40 years, pardoned after 30 years unless considered by the Chief Executive to be ineligible of pardon

Reclusion temporal- 12 years and 1 day to 20 years

Prision mayor and temporary disqualification- 6 years and 1 day to 12 years, except when disqualification is accessory penalty, in which case its duration is that of the principal penalty

Prision correccional, suspension, and destierro- 6 months and 1 day to 6 years, except when suspension is accessory penalty, in which case its duration is that of the principal penalty

Arresto Mayor- 1 month and 1 day to 6 months

Arresto menor- 1 day to 30 days

Bond to keep the peace- period during which the bond shall be effective is discretionary on the court

Imposition of destierro in the following cases:

1. Serious injuries or death under exceptional circumstances (Article 247)

2. In case of failure to give bond to good behavios (Article 284)

3. As penalty for the concubine in concubinage (Article 334)

In cases where after reducing the penalty by one or more degrees destierro is the proper penalty

Article 28. Computation of Penalties.

When to start the computation of the duration of temporary penalties

1. If in prison, computation of temporary penalties shall start from the day that the judgment shall have become final

2. If not in prison, computation consisting of the deprivation of liberty shall be computed only from the day on which the offender commences to serve the sentence

Since a penalty is a result of a judgment, an accused who appealed shall have his penalty counted from the day the court of appeals promulgated its decision, not from the date of judgment in the trial court.

Temporary penalties

1. Temporary absolute disqualification

2. Temporary special discualification

3. Suspension

If under detention, rule no. 1

If not under detention, rule no. 3

Penalties consisting of deprivation of liberty

1. Imprisonment

2. Destierro

Article 29. Period of preventive imprisonment deducted from term of imprisonment.

Full time if:

If the detention prisoner agrees voluntarily in writing after being informed of the effects thereof and with the assistance of counsel to abide by the same disciplinary rules imposed upon convicted prisoners

Unless, in which case four-fifths only:

1. Recidivists or have been convicted previously twice or more times of any crime

2. Upon being summoned for exection of their sentence, failed to surrender voluntarily

Four-fifths if:

If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall do so in writing with the assistance of a counsel

If preventive imprisonment is equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he shall be released immediately without prejudice to the continuation of trial

If maximum sentence is destierro, released after 30 days of preventive imprisonment

Preventive Imprisonment

Kind of imprisonment undergone by the accused while his case is pending trial because:

Charge is not bailable; or

Charge is bailable but cannot post bail

Applies to detention prisoners

Applies to those detained in NBI

Full-time if he agrees in writing to abide by the same disciplinary rules imposed upon convicted persons; even in reclusion perpetua

4/5 if he did not voluntarily agree in writing to abide by the same disciplinary rules imposed upon convicted officers

Child in conflict with law shall be credited full time (RA 9344)

Even if not rehabilitated, drug dependent shall be credited full-time

Preventive imprisonment applicable only to deprivation of liberties penalties

Accused will be released if the penalty judged is less than preventive imprisonment

Section 2: Effects of the penalties according to their respective nature

Article 30. Effects of the penalties of perpetual or temporary absolute disqualification

The penalties of perpetual or temporary absolute disqualification for public office produce the following effects

a. Deprivation of public offices and employments even if by election

b. Deprivation of right to vote or to be elected

c. Disqualification for the office or public employments and for the exercise of any of the rights mentioned

d. Loss of right to retirement pay for any pension formerly held

Perpetual absolute disqualification is effective during the lifetime of the convict and even after the service of the sentence

Temporary absolute disqualification lasts during the term of the sentence and is removed after the service of the same, except

Deprivation of the public office or employment

Loss of all rights to retirement pay or other pension for any office formerly held

Perpetual absolute disqualification is encompassed in the punishment set for the in Section 9 of the Anti-Graft and Corrupt Practices Act

Temporary absolute disqualification is an automatic accessory of prision mayor duration of which is same with the principal penalty

Article 31. Effects of the penalties of perpetual or temporary special disqualification

The penalties of perpetual or temporary special disqualification for public office, profession or calling produce the following effects:

a. Deprivation of the office employment, profession or calling affected

b. Disqualification for holding similar offices or employments perpetually or during the period of disqualification

Article 32. Effects of the penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage

The penalties of suspension from public office, profession or calling or the right of suffrage produce the following effects:

a. Deprivation of the right to vote or to be elected to any public office

b. Cannot hold any public office during the period of disqualification

Purpose is to preserve the purity of elections

Presumption that one who is rendered infamous by the conviction of a felony or whose base offense indicates moral turpitude, is unfit to exercise the privilege of suffrage or to hold office

Article 33. Effects of the penalties of suspension from any public office, profession, or calling or the right of suffrage.

The penalties of suspension from public office, profession or calling or the right of suffrage produce the following effects:

a. Disqualification from holding such office or exercising such profession or calling or right to suffrage during the term of sentence

b. If suspended from public office, the offender cannot hold another office having similar functions during the period of suspension

Article 34. Civil Interdiction.

a. Deprivation of the rights of parental authority or guardianship of any ward

b. Deprivation of marital authority

c. Deprivation of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos

Allowed to dispose by will or donation mortis causa

Article 35. Effects of bond to keep peace.

a. The offender must present two sureties who shall undertake that the offender will not commit the offense sought to be prevented, and that in case such offense be committed they will pay the amount determined by the court; or

b. The offender must deposit such amount with the clerk of court to guarantee said undertaking; or

c. The offender may be detaine, if he cannot give the bond, for a period not to exceed 6 months if prosecuted for a grave or less grave felony, or for a period not to exceed 30 days, if a light felony

Not to be confused with bail bond.

Bond to keep peace

Bond for good behavior

penalty

Merely and additional obligation which the court may impose upon the accused charged with either grave threat or light threat

Two sureties given by two other person

Given by the person himself

Two sureties will undertake

Accused himself will undertake

If failed, detained for not more than 6 months or not more than 30 days

If failed, Destierro

Given in any case

Grave threat and light threat only

Article 36. Pardon; its effects.

shall not restore the right to hold public office or the right of suffrage, except when expressly restored by the terms of the president

shall not exempt the culprit from the payment of the civil indemnity. No exemptions.

Limitations

Can only be exercised after conviction

Such power does not extend to cases of impeachment

If pardon is granted in general terms, does not include accessory penalty

Pardon granted to reclusion perpetua after 30 years does not extinguish perpetual absolute disqualification

Features of pardon by Chief Executive:

1. The power to grant pardon is discretionary upon the Chief Executive

2. The grant of pardon is a private act of the Chief Executive which must be proved and pleaded by the person pardoned

3. Pardon can be granted only after a final judgment of conviction

4. Pardon looks forward and relieves the offender of the consequences of the offense for which he has been convicted

5. Pardon does not restore the accuseds right to hold public office unless it is expressly restored by the terms of pardon

6. Pardon does not exempt the accused from the payment of civil indemnity

7. The power to grant pardon does not extend to impeachment cases

8. No pardon for violation of election laws, rules, and regulations shall be granted by the President without the favorable recommendation of the COMELEC

Article 37. Costs

1. Fees; and

2. Indemnities, in the course of judicial proceedings

Costs are chargeable to the accused in case of conviction

1. If accused is quilty, hell shoulder the costs

2. If acquitted, each party shall bear his or her offense

No costs against the republic

Payment costs is discretionary upon the courts

Section 38. Pecuniary liabilities- Order of payment

1. Reparation of the damage caused

2. Indemnification of the consequential damages

3. Fine

4. Cost of Proceedings

Applicable only if the offenders property is not sufficient

Article 39. Subsidiary penalty

1. If the penalty imposed is prision correccional or arrest and fine- subsidiary imprisonment, not to exceed 1/3 of the term of the sentence, and in no case to continue for more than one year. Fraction or part of a day not counted

2. When the penalty is fine only- subsidiary imprisonment, not to exceed 6 months, if the culprit is prosecuted for grave or less grave felony, and not to exceed 15 days, if prosecuted for light felony

3. When the penalty imposed is higher than prision correccional- no subsidiary imprisonment

4. If the penalty imposed is not to be executed by confinement, but of fixed duration- subsidiary penalty shall consist in the same deprivation as those of the principal penalty, under the same rules as in Nos. 1, 2 and 3 above

5. In case the financial circumstances of the convict should improve, he shall pay the fine, notwithstanding the fact that the convict suffered subsidiary personal liability therefor

Subsidiary Penalty- penalty suffered by the convict when he does not have sufficient property to meet his pecuniary liability of fine

Subsidiary penalty must be expressly imposed in the judgment

Instances when subsidiary imprisonment cannot be imposed

1. Reparation of the damage caused

2. Indemnification of the consequential damages

3. Cost of Proceedings

4. When the principal penalty imposed is higher than prision correccional

Article 39 is applicable to special laws

RA No. 10159

As provided by RA No. 10159, the duration of subsidiary imprisonment is computed at the rate of one day for each amount equivalent to the highest minimum wage rate prevailing in the Philippine at the time of rendition of the judgment of conviction by the trial of the court

Given retroactive effect

Section 3: Penalties which other accessory penalties are inherent

Accessory penalties under Article 40-45 are deemed imposed with the principal penalty and need not be expressly specified in the judgment of conviction

Article 40. Death- Its accessory penalty

When not executed by reason of commutation or pardon

1. Perpetual absolute disqualification

2. Civil interdiction for 30 years if not expressly remitted

Reclusion perpetua with the accessory penalties of death

Article 41. Reclusion perpetua and reclusion temporal- Its accessory penalties

1. Civil interdiction for life or during the sentence

2. Perpetual absolute disqualification, unless expressly remitted in the pardon of the principal penalty

Article 42. Prision mayor- its accessory penalties

1. Temporary absolute disqualification

2. Perpetual special disqualification from suffrage,unless

Article 43. Prision correccional- its accessory penalties-

1. Suspension from public office, profession or calling

2. Perpetual special disqualification from suffrage if exceeds 18 months, unless

Article 44. Arresto- its accessory penalties

1. Suspension of the right to hold office and right of suffrage during the term of sentence

Article 45. Confiscation and forfeiture of the proceeds or instruments of the crime

1. 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

2. The proceeds and instruments or tools of the crime are confiscated and forfeited in favor of the Government

3. Property of a third person not liable for the offense is not subject to confiscation and forfeiture

4. Property not subject of lawful commerce (whether it belongs to the accused of to third person) shall be destroyed

Forfeiture may not be effected if the property used in the commission of the offense belongs to a third person and may be returned to him

This is a penalty, thus, cannot be imposed without a criminal case

Suppletory to special laws

Once order of forfeiture is final, cannot be returned to the accused even if acquitted

Chapter IV: Application of Penalties

Section 1: rules for the application of penalties to the persons criminally liable and for the graduation of the same

Article 46. Penalty to be imposed upon principals in general

The penalty prescribed by law in general terms shall be imposed:

1. Upon the principals

2. For consummated felony

Unless the law expressly provides otherwise

Graduation of penalties by degrees or by periods

By degrees, refers to stages of execution (consummated, frustrated or attempted) and to the degree of the criminal participation of the offender (whether as principal,accomplice or accessory)

By period (three periods), refers to the proper period of the penalty which should be imposed when aggravating or mitigating circumstances attended the commission of the crime

Article 47. Death penalty

1. When the guilty person is below 18 years of age at the time of the commission of the crime

2. When the guilty is more than 70 years of age

3. When upon appeal or automatic review of the case by the Supreme Court, the vote of eight members is not obtained for the imposition of the death penalty

Irrelevant due to RA 9346

RA 9346: An Act Prohibiting the Imposition of Death Penalty in the Philippines

In lieu of the death penalty, the following shall be imposed:

1. Reclusion perpetua if using the nomenclature of the penalties of the RPC

2. Life imprisonment if does not use

Crimes where death penalty is imposed

Treason, piracy, qualified theft, qualified bribery, parricide, murder, infanticide, kidnapping and serious illegal detention, robbery with homicide, destructive arson, rape with homicide, plunder, certain violations of the Dangerous Drugs Act and carnapping

Article 48. Penalty for Complex Crime

Penalty for the most serious crime in its maximum period shall be imposed between two crimes when;

1. The single act constitutes two or more grave or less grave felonies (compound crime)

2. An offense is a necessary means for committing the other (complex crime proper)

Nature of the complex crime

Constitutes a violation of diverse juridical rights or interests by means of diverse acts, each of which is a simple crime in itself

Single intent but component crimes are considered as element of a single crime

Reason

When to or more crime are the result of a single act, the offender is deemed less perverse than when he commits said crimes through separate and distinct acts

Only one crime in the eyes of the law and the conscience of the offender

Pro Reo Principle

Accused who commits two crimes with single criminal impulse demonstrates lesser perversity than when the crimes are committed by different acts and several criminal resolutions

Composite crimes or special complex crimes

Only a single penalty is imposed by law for each of such composite crimes composed of two offenses

examples of composite crime in the RPC are robbery with homicide, robbery with rape, kidnapping with serious physical injuries, kidnapping with murder or homicide and rape with homicide

Prosecution must necessarily prove that each of the component offenses with the same precision that would be necessary if they were made the subject of separate complaints

Special complex crime of robbery with homicide, requisites

1. Taking the personal property is committed with violence or intimidation against a person

2. Property take belong to another

3. Taking is done with animo lucrandi (intent to gain)

4. By reason of the robbery or on occasion thereof, homicide is committed

Composite Crime

Compound or Complex crime

Composition of the offenses is fixed by law

Combination of the offenses is not specified but generalized, that is, grave and or less grave, or one offense being the necessary means to commit the other

Penalty is specific

Penalty is that corresponding to the most serious offense imposed in the maximum period

Light felony is absorbed

Light felony may be subject of a separate information

Light felonies produced by the same act should be treated and punished as separate offenses or may be absorbed by the grave felony.

Mala prohibita and mala in se cannot be grouped together to form a complex crime under Article 48

When in the definition of a felony, one offense is a means to commit the other, there is no complex crime

No complex crime when one offense is committed to conceal another

If by complexing the crime, the penalty would turn out to be higher, do not complex anymore.

Delito Compuesto

Requisites:

1. One single act committed by the offender

2. That the single act produces:

a. two or more grave felonies

b. one or more grave and one or more less grave felony

c. two or more less grave felonies

Compound crime which exists when a single act constitutes two or more grave or less grave felonies

When several victims died from several shots, the crimes of homicide or murder are separate and distinct

Lawas Ruling, if there is no evidence at all to show the number of persons killed by each of several defendants, court is constrained to find all the accused guilty of one offense of multiple homicide

Single-criminal impulse, same motive or the single-purpose theory have no legal basis however, theory is acceptable when it is not certain who manong the accused killed or injures each of the several victims

Lawas Ruling not applicable when there is conspiracy for act of one is act of all. Each will be charged with three counts of murder

Article 48 is applicable to crimes through negligence for a felony is defined in article 3 as acts and omissions punishable by law by means of deceit and fault

Complex Crime Proper or Delito Complejo

Requisites

1. At least two offenses are committed

2. One or some of the offenses must be necessary to commit the other

3. Both or all the offenses must be punished under the same statute

Necessary means doesnt mean indispensible means

Must have one single purpose

When in the definition of felony one offense is a means to commit the other, there is no complex crime

No complex crime when one offense is committed to conceal the other

No complex crime where one of the offense is penalized by a special law

No complex crime of rebellion with murder, arson, robber, and other common crimes, inherent in rebellion. absorbed

Article 48 is mean to favor the culprit, applies only where the Code does not provide a definite specific penalty for complex crime

When complex crime is charged and one offense is not proven, the accused can be convicted of the other

Plurality of Crimes or Concurso de delitos

A case of material or real plurality

One under which different crimes have been committed and for each of which a separate criminal liability attachess

Flaw, although two crimes have been committed, they are not altogether separate or disconnected from each other both in law and in fact

Successive execution by the same individual of different criminal acts upon any of which no convicton has yet been declared

Kinds of plurality of crimes

1. Formal or ideal plurality, only one criminal liability (Article 48)

2. Real or material plurality, 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.

No complex crime of homicide and arson

One would be murder through arson

While the other is two separate crimes of arsons for covering up the murder

Separate crimes of robbery and rape when robbery was a mere afterthought

RA 7659, Section 8

Where the victim is raped while under detention, the crime shall be special complex crime of kidnapping or serious illegal detention with rape

RA6539

If by reason or on occasion of a carnapping, the owner, driver or occupant is killed, the crime is qualified carnapping, carnapping in an aggravated form or special complex crime of carnapping with homicide

Does not include frustrated homicide

Continued Crime or Delito Continuado

A single crime consisting of a series of acts but all arising from one criminal resolution

A continuous, unlawful act or series of acts set foot by single impulse and operated by an unintermittent force however long a time it may occupy

Only one crime committed

Unity of thought of the offender

When two acts are deemed distint from one another, although proceeding from the same criminal impulse, are two separate crimes

Not a complex crime because the offender does not perform a single act (Reyes)

Complex crime (amurao)

Not to be imposed in its maximum period

Not a transitory crime or moving crime

Crimes cannot be complexed in the following instances

1. When a single act constitutes a grave felony and a light felony

2. When a single act constitutes a less grave felony and a light felony

3. When a single act constitutes two or more light felonies

4. When a single act constitutes a violation of the RPC and a violation of a special law

5. When a single act constitutes a violation of two or more special laws

6. When an offense used is to conceal another offense

Felonies that cannot be complexed by express provision under the Revised Penal Code

1. Search warrants maliciously obtained and abuse in the service of those legally obtained

2. Direct Bribery

3. Maltreatment of prisoners

4. Occupation of real property or usurpation of real rights in property

Article 49. Penalty to be imposed upon the principals when the crime committed is different from that intended

Rules as to the penalty to be imposed when the crime committed is different from the intended

1. If the penalty for the felony committed be higher than the penalty for the offense which the accused intended to commit, the lower penalty shall be imposed in its maximum period

2. If the penalty for the felony committed be lower than the penalty for the offense which the accused intended to commit, the lower penalty be imposed in its maximum period

3. If the act committed also constitutes an attempt or frustration of another crime, and the law prescribed a higher penalty for either of the latter, the penalty for the attempted or frustrated crime shall be imposed in its maximum period

Applies only in error in personae

Applicable only when the intended crime and the crime actually committed are punished with different penalties

Article 49 constitutes a lighter penalty than Article 48

Article 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.

Article 51. Penalty to be imposed upon principals of attempted crimes. A penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit a felony.

Article 52. Penalty to be imposed upon accomplices in consummated crime. The penalty next lower in degree than that prescribed by law for the consummated crime shall be imposed upon the accomplices in the commission of a consummated felony.

Article 53. Penalty to be imposed upon accessories to the commission of a consummated felony. The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the accessories to the commission of a consummated felony.

Article 54. Penalty to be imposed upon accomplices in a frustrated crime. The penalty next lower in degree than prescribed by law for the frustrated felony shall be imposed upon the accomplices in the commission of a frustrated felony.

Article 55. Penalty to be imposed upon accessories of a frustrated crime. The penalty lower by two degrees than that prescribed by law for the frustrated felony shall be imposed upon the accessories to the commission of a frustrated felony.

Article 56. Penalty to be imposed upon accomplices in an attempted crime. The penalty next lower in degree than that prescribed by law for an attempt to commit a felony shall be imposed upon the accomplices in an attempt to commit the felony.

Article 57. Penalty to be imposed upon accessories of an attempted crime. The penalty lower by two degrees than that prescribed by law for the attempted felony shall be imposed upon the accessories to the attempt to commit a felony.

Consummated

Frustrated

Attempted

Principals

0

1

2

Accomplices

1

2

3

Accessories

2

3

4

Exceptions

1. Cases where the law expressly prescribes the penalty for a frustrated or attempted felony, or cases where the law expressly provides penalty to be imposed on accomplices or accessories

2. The courts, in view of the facts of the case, may impose upon the person guilty of the frustrated crime of parricide, murder or homicide, defined and penalized in Articles 246 to 249, a penalty lower by one degfree than that which should be imposed under the provision of Article 50. The courts, considering the facts of the case, may likewise reduce by one degree the penalty which under Article 51 should be imposed for an attempt to commit any of such crimes.

Circumstances that may lower the penalty by degree

1. Degree of participation of the offender in the commission of the crime such as principal, accomplice or accessory

2. Stage of execution on the commission of the crime such as consummated, frustrated or attempted stage

3. Presence of a privileged mitigating circumstance (incomplete justifying, incomplete exempting, minority)

4. When there are two or more mitigating circumstances and no aggravating circumstances

5. Article 250 of RPC The courts, in view of the facts of the case, may impose upon the person guilty of the frustrated crime of parricide, murder or homicide, defined and penalized in Articles 246 to 249, a penalty lower by one degfree than that which should be imposed under the provision of Article 50. The courts, considering the facts of the case, may likewise reduce by one degree the penalty which under Article 51 should be imposed for an attempt to commit any of such crimes.

6. RA 9344, minority

7. Impossible crime

Article 58. Additional penalty to be imposed upon certain accessories

Additional penalties for public officers who are guilty as accessories under Article 19 (3) who should act with abuse of their public functions

1. Absolute perpetual disqualification, if principal offender is quilty of a grave felony

2. Absolute temporary disqualification, if the principal offender is quilty of less grave felony

Applies only to public officers wo abused their public functions

Article 59. Penalty to be imposed in case of failure to commit the crime because the means employed or the aims sought are impossible:

Arresto mayor or a fine ranging from 200 to 500 pesos

Basis of imposition

1. Social Danger

2. Degree of criminality shown by the offender

Article 60. Exception to the rules established in Articles 50 to 57.

1. Where the law expressly prescribes the penalty provided for a frustrated or attempted felony, or to be imposed upon accomplices or accessories

Accomplice punished as a principal

1. ascendants, guardians, curators, teachers and any person who by abuse of authority or confidential relationship shall cooperate as accomplices in the crimes of rape, acts of lasciviousness, seduction, corruption of minors, white slave trade or abduction

2. one who furnished the place for the perpetration of the crime of slight illegal detention

Accessory punished as a principal

1. Art 142 punishes an accessory for knowingly concealed certain evil practices

Certain accessories punished with a penalty one degree lower rather than two degrees

1. Knowingly using counterfeited seal or forged signature or stamp of the President (Article 162)

2. Illegal possession and use of false treasury or bank note (Article 168)

3. Using a falsified document (Article 173 (3))

4. Using a falsified dispatch (Art 173 (2))

Article 61. Rules for Graduating Penalties.

Rules from Article 50 to 57 (base consummated according to article 46)

1. Principal in frustrated- one degree lower

2. Principal in attempted- two degrees lower

3. Accomplice in consummated- one degree lower

4. Accessory for consummated- two degrees lower

Graduate Scale (Article 71)

1. Death

2. Reclusion Perpetua

3. Reclusion Temporal

4. Prision Mayor

5. Prision Correccional

6. Arresto Mayor

7. Destierro

8. Arresto Menor

9. Public Censure

10. Fine

First Rule:

When the penalty is single and indivisible, the penalty next lower in degrees

Since there is only Reclusion Perpetua, answer is only Reclusion Temporal

Second Rule:

a. When the penalty is composed of two indivisible penalties, penalty next lower in degree shall be that immediately following the lesser of the penalties (irrelevant since there no more death penalty)

b. When the penalty is composed of one or more divisible penalties to be imposed to their full extent, penalty next lower in degree shall be that immediately following the lesser of the penalties

Third Rule:

When the penalty is composed of two indivisible penalties and the maximum period of a divisible penalty or when composed of one divisible penalty and the maximum of one divisible penalty, the penalty next lower in degree shall be composed of the medium and minimum periods of the proper divisible penalty and the maximum periods of the proper divisible penalty and the maximum period of that immediately following

Fourth Rule:

When the penalty is composed of two indivisible penalties and the maximum period of a divisible penalty or when composed of one divisible penalty the maximum of one divisible penalty, the penalty next lower in degree shall be composed of the period immediately following the minimum prescribed and of the two next following, which shall be taken from the penalty prescribed, if possible; otherwise from the penalty immediately following

Contemplates three or more periods

Fifth Rule:

When the penalty has only two periods, penalty lower by one degree formed by two periods

Section 2: Rules for the application of penalties with regard to the mitigating and aggravating circumstances, and habitual delinquency

Article 62. Effect of the attendance of mitigating or aggravating circumstances and of habitual delinquency

Paragraph 1: Aggravating circumstances are not to be taken into account when:

1. they themselves constitute a crime

2. they are included by law in the definition of a crime

Maximum penalty shall be imposed if:

1. In the commission of a crime, advantage was taken by the offender of his public position

2. The offense was committed by any person who belongs to an organized/syndicated group

Paragraph 2: Same rules applies when the aggravating circumstance is inherent in the crime

Paragraph 3: Aggravating or mitigating circumstances arising from any of the following affect only those to whom such circumstances are attendant:

1. from the moral attributes of the offender

2. from his private relations w/ the offended party

3. from any other personal cause

Paragraph 4: The circumstances which consist of the following shall serve to aggravate and mitigate the liability only of those who had knowledge of them at the time of the commission of the offense:

1. material execution of the act, do not affect all the participants in the crime, but only to those whom, they particularly apply

2. means employed to accomplish the crime, have direct bearing upon the criminal liability of all defendants who had knowledge thereof at the time of the commission of the crime, or of their cooperation therein

Cases where the attending aggravating or mitigating circumstances are not considered in the imposition of penalties

1. Penalty that is single and indivisible

2. Felonies through negligence

3. Penalty is a fine

4. Penalty is prescribed by a special law

Paragraph 5: Habitual delinquent

a person who within the period of 10 years from the date of his (last) release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification is found guilty of any of the said crimes a third time or oftener

Ten year period to be computed from the time of last release or conviction

Subsequent crime must be committed after conviction of the former crime. Cases still pending are not to be taken into consideration

Upon a third conviction, the culprit shall be sentenced to the penalty provided by law for the last crime of which he be found guilty and to the additional penalty of prision correccional in its medium and maximum periods

Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its minimum and medium periods

Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum period

Paragraph 6: two penalties imposed upon an offender cannot exceed 30 years

Repetitive Aggravating Circumstance

1. Habitual Delinquency- a person who within the period of 10 years from the date of his (last) release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification is found guilty of any of the said crimes a third time or oftener

Additional penalty shall be imposed

2. Recidivist/Reincindencia- is one who, at the time of his trial for one crime, shall have been previously convicted by a final judgment of another crime embraced in the same title of the Revised Penal Code

If not offset by any mitigating circumstance, increase the penalty only to the maximum

3. Habituality/Reitiracion- offender has been punished for an offense to which the law attaches an equal of greater penalty or for two or more crimes to which it attaches a lighter penalty

Not always an aggravating circumstance

4. Quasi-Recidivism- any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony

Imposes the maximum of the penalty for the new offense, and cannot be offset

Article 63. Rules for the application of indivisible penalties

1. When the penalty is single indivisible, it shall be applied regardless of any mitigating or aggravating circumstances

2. When the penalty is composed of two indivisible penalties, the following rules shall be observed:

a. One aggravating circumstance, greater penalty shall be imposed

b. Neither mitigating nor aggravating circumstance, lesser penalty shall be imposed

c. Mitigating circumstance and no aggravating circumstance, lesser penalty shall be imposed

d. Both mitigating and aggravating circumstance, offset

Only a privilege mitigating circumstance can lower by a degree, even if in an indivisible penalty

Article 64. Rules for the application of penalties which contain three periods.

1. No aggravating and no mitigating circumstances medium period

2. One mitigating circumstance minimum period

3. One aggravating circumstance maximum period

4. Mitigating and aggravating circumstance offset each other and according to relative weight

5. two or more mitigating without any aggravating circumstance on degree lower

6. No penalty greater than maximum period no matter how many aggravating ciscumstances

7. Within the limits of each period, the court shall determine the extent of the penalty according to the number and nature of the aggravating and mitigating circumstances and the greater and lesser extent of the evil produced by the crime.

Article 65. Rule in cases in which the penalty is not composed of three periods. In cases in which the penalty prescribed by law is not composed of three periods, the courts shall apply the rules contained in the foregoing articles, dividing into three equal portions of time included in the penalty prescribed, and forming one period of each of the three portions.

Article 66. Imposition of Fines

1. The court can fix any amount of the fine within the limits established by law

2. The court must consider:

a. Mitigating and aggravating circumstances

b. Wealth or means of the culprit

Article 67. Penalty to be imposed when not all the requisites of exemption of the fourth circumstance of Article 12 are present

Requisites of Art 12 par 4(Accident)

1. act causing the injury must be lawful

2. act performed w/ due care

3. injury was caused by mere accident

4. no fault or intention to cause injury

If these conditions are not all present, then the following penalties shall be imposed:

1. grave felony arresto mayor max to prision correccional min

2. less grave felony arresto mayor min to arresto mayor med

Article 68. Penalty to be imposed upon a person under eighteen years of age.

Repealed by RA 9344

Article 69. Penalty to be imposed when the crime committed is not wholly excusable. lack of some of the conditions required to justify the same or to exempt from criminal liability in the several cases mentioned in Article 11 and 12 one or two degrees lower if the majority of the conditions for justification or exemption in the cases provided in Arts. 11 and 12 are present

Article 70. Successive service of sentence

1. When the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature will so permit

2. Otherwise, the order of their respective severity shall be followed

3. Scale:

1. Death

2. Reclusion perpetua

3. Reclusion temporal

4. Prision mayor

5. Prision correccional

6. Arresto mayor

7. Arresto menor

8. Destierro

9. Perpetual absolute disqualification

10. Temporal absolute disqualification

11. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling

12. Public censure.

Article 70 refers to service of sentence. It is therefore addressed to the jail warden or to the director of prisons. The court or the judge has no power to implement Article 70 because the provision is not for the imposition of penalties. If the penalty by their very nature can be served simultaneously, then it must be so served

Three-fold rule

The maximum duration of the convicts sentence shall not be more than three timed the length of time corresponding to the most severe of the penalties imposed upon him. No other penalty to which he may be liable shall be inflicted after the sum of those penalties imposed equals the said maximum period. In any case, maximum period shall not exceed 40 years

Subsidiary imprisonment shall be excluded in computing for the maximum duration

If the sentences would be served simultaneously, the Three-Fold rule does not govern

The Three-Fold Rule can only be applied if the convict is to serve four or more sentences successively.

Article 71. Graduated scales.

Used for Article 61

SCALE NO. 1

1. Death,

2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,

6. Arresto mayor,

7. Destierro,

8. Arresto menor,

9. Public censure,

10. Fine

SCALE NO. 2

1. Perpetual absolute disqualification,

2. Temporal absolute disqualification

3. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling,

4. Public censure,

5. Fine.

Article 25, 70 and 71 compared

Article 25 classifies principal and accessory penalties and the subdivision of principal penalties to capital, afflictive, correctional and light

Article 70 classifies penalties for the purpose of the successive service of sentences according to severity

Article 71 provides for the scales which should be observed in graduating penalties by degrees in accordance with Article 61. Here, destierro is higher than arresto menor because the former is classified as a correctional penalty while the latter is a light penalty

Article 72. Preference in the payment of the civil liabilities. The civil liabilities of a person found guilty of two or more offenses shall be satisfied by following the chronological order of the dates of the judgments rendered against him, beginning with the first in order of time

Applies when there are two or more offenses

Will based on the dates of judgment

Section 3- Provision common to the last two sections.

Article 73. Presumption in regard to the imposition of accessory penalties

Accessory penalties are deemed imposed. However, the subsidiary imprisonment must be expressly stated in the decision

Article 74 Penalty higher than reclusion perpetua in certain cases. In cases in which the law prescribes a penalty higher than another given penalty, without specially designating the name of the former, if such higher penalty should be that of death, the same penalty and the accessory penalties of Article 40, shall be considered as the next higher penalty.

Death must be designated by name, for the other penalties, this does not apply.

Article 75. Increasing or reducing the penalty of fine by one or more degrees.

shall be increased or reduced, respectively, for each degree, by one-fourth of the maximum amount prescribed by law, without however, changing the minimum.

The same rules shall be observed with regard of fines that do not consist of a fixed amount, but are made proportional.

Article 76. Legal period of duration of divisible penalties

Reclusion Temporal

Whole

12 years and 1 day to 20 years

Minimum Period

12 years and 1 day to 14 years and 8 months

Medium Period

14 years and 8 months to 17 years and 4 months

Maximum Period

17 years and 4 months to 20 years

Prision Mayor and Absolute and Temporary Disqualification

Whole

6 years and 1 day to 12 years

Minimum Period

6 years and 1 day to 8 years

Medium Period

8 years and 1 day to 10 years

Maximum Period

10 years and 1 day to 12 years

Prision Correccional, Suspension and Destierro

Whole

6 months and 1 day to 6 years

Minimum Period

6 months and 1 day to 2 year and 4 months

Medium Period

2 years, 4 months and 1 day to 4 years and 2 months

Maximum Period

4 years and 2 months to 6 years

Arresto Mayor

Whole

From 1 month and 1 day to months

Minimum Period

From 1 month and 1 day to months

Medium Period

From 2 months and 1 day to 4 months.

Maximum Period

From 4 months and 1 day to 6 months

Arresto Menor

Whole

From 1 to 30 days.

Minimum Period

From 1 to 10 days.

Medium Period

From 11 to 20 days.

Maximum Period

From 21 to 30 days.

Article 73. When the penalty is a complex one composed of three distinct penalties.

If there are 3 distinct penalties; there shall be a minimum, a medium and a maximum

Complex penalty is a penalty imposed by law composed of three distinct penalties, each forming a period

Indeterminate Sentence Law

Purpose

To preserve economic usefulness for these people for having committed a crime

To reform them rather than to deteriorate them and, at the same time, saving the government expenses of maintaining the convicts on a prolonged confinement in jail.

Avoid prolonged imprisonment, because it is proven to be more destructive than constructive to the offender

Shortening the possible detention of the convict in jail is to save valuable human resources

If the valuable human resources were allowed prolonged confinement in jail, they would deteriorate

How to compute:

When punished by the Revised Penal Code:

Maximum of the indeterminate sentence will be arrived at by taking into account the attendant mitigating and/or aggravating circumstances according to Article 64 of the Revised Penal Code

Minimum of the indeterminate sentence, the court will take into account the penalty prescribed for the crime and go one degree lower.

If there is a privilege mitigating circumstance which has been taken in consideration in fixing the maximum of the indeterminate sentence, the minimum shall be based on the penalty as reduced by the privilege mitigating circumstance within the range of the penalty next lower in degree.

When punished by a special law

Maximum, the court will impose the penalty within the range of the penalty prescribed by the special law, as long as it will not exceed the limit of the penalty.

minimum, the court can fix a penalty anywhere within the range of penalty prescribed by the special law, as long as it will not be less than the minimum limit of the penalty under said law

No mitigating and aggravating circumstances are taken into account.

Pro Reo Principle

Penal laws should always be construed an applied in a manner liberal or lenient to the offender

The Indeterminate Sentence Law shall not apply to (Section 2)

1. Persons convicted of offense punishable with death penalty or life imprisonment

2. Persons convicted of treason, conspiracy or proposal to commit treason

3. Persons convicted of misprision of treason, rebellion, sedition, espionage

4. Persons convicted of piracy

5. Persons who are habitual delinquents

6. Persons who shall have escaped from confinement or evaded sentence

7. Those who have been granted conditional pardon by the Chief Executive and shall have violated the term thereto

8. Those whose maximum term of imprisonment does not exceed one year (consider the maximum term not the minimum term), but not to those already sentenced by final judgment at the time of the approval of Indeterminate Sentence Law

9. Those sentenced to destiero or suspension

10. Those found guilty of violating the Human Security Act

Indeterminate Sentence Law should not be applied when it is unfavorable to the accused

Indeterminate Sentence Law does not apply to non-divisible penalties.

Purpose of specifying the minimum and maximum terms

1. Prevent unnecessary and excessive deprivation of liberty

2. To enhance the economic usefulness of the accused, since he may be exempted from serving the entire sentence, depending upon his behavior and his physical, mental and moral record

Prisoner could be released on parole after serving the minimum sentence and could be rearrested to serve the maximum

Criteria for release after serving minimum term

1. That such prisoner is fitted by his training for release

2. That there is a reasonable probability that such prisoner will live and remain at liberty without violating the law

3. That such release will not be incompatible with the welfare of the society

Period of Surveillance after release of the prisoner on parole

Report to officials for the remaining term

Rearrested if he violated the conditions of his parole and shall serve the remaining of his sentence

Factors to be considered in applying the Indeterminate Sentence Law

His relationship;

1. Toward his dependents, family and associates and their relationship with him

2. Towards the society at large

Final Release

Board will issue final release and discharge if he showed to be a law-abiding citizen and shall not violate laws of the Philippines

PD 968: Probation Law

Probation is a manner of disposing of an accused who have been convicted by a trial court by placing him under supervision of a probation officer, under such terms and conditions that the court may fix. This may be availed of before the convict begins serving sentence by final judgment and provided that he did not appeal anymore from conviction.

Those Disqualified

1. those sentenced to a max of term of imprisonment of more than 6 years

2. those convicted of subversion or any crime against national security or public order

3. those who were previously convicted by final judgment of an offense punished by imprisonment of not less than 1 month and 1 day and/or fine of not more than 200

4. those who have been once on probation

5. those already serving sentence

If the penalty is six years plus one day, he is no longer qualified for probation

If the offender was convicted of several offenses which were tried jointly and one decision was rendered where multiple sentences imposed several prison terms as penalty, the basis for determining whether the penalty disqualifies the offender from probation or not is the term of the individual imprisonment and not the totality of all the prison terms imposed in the decision. So even if the prison term would sum up to more than six years, if none of the individual penalties exceeds six years, the offender is not disqualified by such penalty from applying for probation.

those who are convicted of subversion or any crime against the public order are not qualified for probation

May a recidivist be given the benefit of Probation Law?

No, except if the earlier conviction refers to a crime the penalty of which does not exceed 30 days imprisonment or a fine of not more than P200.00 (Arresto Menor), such convict is not disqualified of the benefit of probation

The moment the accused perfects an appeal from the judgment of conviction, he cannot avail of probation anymore

An application for probation is exclusively within the jurisdiction of the trial court that renders the judgment. For the offender to apply in such court, he should not appeal such judgment

If the offender would appeal the conviction of the trial court and the appellate court reduced the penalty to say, less than six years, that convict can still file an application for probation, because the earliest opportunity for him to avail of probation came only after judgment by the appellate court.

Purpose

To promote the correction and rehabilitation of an offender by providing him with individualized treatment;

To provide an opportunity for the reformation of a penitent offender which might be less probable if he were to serve a prison sentence;

To prevent the commission of offenses;

To decongest our jails; and to save the government much needed finance for maintaining convicts in jail

Probation is only a privilege.

So even if the offender may not be disqualified of probation, yet the court believes that because of the crime committed it was not advisable to give probation because it would depreciate the effect of the crime, the court may refuse or deny an application for probation.

Generally, the courts do not grant an application for probation for violation of the Dangerous Drugs Law, because of the prevalence of the crime

If it were the non-probationable crime, then regardless of the penalty, the convict cannot avail of probation

Generally, the penalty which is not probationable is any penalty exceeding six years of imprisonment. Offenses which are not probationable are those against natural security, those against public order and those with reference to subversion

Persons who have been granted of the benefit of probation cannot avail thereof for the second time

Probation shall be denied if the court finds:

1. That the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution

2. That there is undue risk that during the period of probation the offender will commit another crime

3. Probation will depreciate the seriousness of the crime

Mandatory conditions

1. The convict must report to the Probation Officer (PO) designated in the court order approving his application for Probation within 72 hours from receipt of Notice of such order approving his application

2. The convict, as a probationer, must report to the PO at least once a month during the period of probation unless sooner required by the PO.

Discretionary conditions

The trial court which approved the application for probation may impose any condition which may be constructive to the correction of the offender, provided the same would not violate the constitutional rights of the offender and subject to this two restrictions:

1. The conditions imposed should not be unduly restrictive of the probationer

2. such condition should not be incompatible with the freedom of conscience of the probationer

Procedure of Probation

1. trial court gives a sentence (one that qualifies to apply for probation)

2. within the period for filing an appeal, must apply for probation in the trial court. If already filed an appeal. As long as records havent reached appellate courts, must withdraw to apply for probation. Applying for probation means waiver of RT to appeal.

3. upon application, trial court to suspend execution of sentence. But does not mean already on probation

4. judge to order probation officer to investigate case(whether qualified, character antecedents, environment, mental and physical condition and available institutional and community resources) Officer to submit report not later than 60 days. Court to give decision not later than 15 days after receipt of report. Pending investigation, may be released under bail. No bail filed, can be released on the custody of a responsible member of the community.

The judge may grant the application or not

Expiration of the probation period does not automatically terminate probation. Must have court order.

Chapter V: Execution and Service of Penalties

Section 1: General Provisions

Article 78. When and how a penalty is to be executed.

Only penalty by final judgment can be executed.

Judgment is final if

the accused has not appealed within 15 days or he has expressly waived in writing that he will not appeal.

Sentence has been partially or totally satisfied or served

Waive his right to appeal in writing

When accused applied for probation

An appeal suspends the service of the sentence imposed by the trial court. In the absence of an appeal, the law contemplates a speedy execution of the sentence, and in the orderly administration of justice, the defendant should be forthwith remanded to the sheriff for the execution of the judgment.

Article 79. Suspension of the execution and service of the penalties in case of insanity

after final sentence, suspend the sentence regarding the personal penalties

if he recovers, the sentence is executed unless it has prescribed

the payment of civil or pecuniary liabilities shall not be suspended

Art 80. (as amended by PD 603: Child and Youth Welfare Code)

Intervention

Refers to a series of activities which are designe to address issues that caused the child to commit an offense. It may take form of an individualized treatment program which may include counseling, skills training, education and other activities that will enhance his/her psychological, emotional and psycho-social well being

Diversion

Refers to an alternative, child-appropriate processs of determing the responcibility and treatment of a child in conflict with the law on the basis of his/her social, cultural, ecojomic, psychological or educational background without resorting to formal court proceedings

Section 2: Execution of Principal Penalties

Article 81. When and how the death penalty is to be executed

Amended RA 8177

DEATH PENALTY

What are heinous crimes?

These are grievous, odious and hateful offenses, which by reason of their inherent or manifest wickedness, viciousness, atrocity and perversity are repugnant and outrageous to the common standards and norms of decency and morality in a just, civilized and ordered society.

Article 82. Notification and execution of the sentence and assistance to the culprit

Designate a working day which shall not be communicated to the offender before the sunrise of said day. The execution shall not take place until after the expiration of at least 8 hours following such notification.

He can execute a will.

Article 83. Suspension of the execution of the death sentence.

Death sentence commuted to Reclusion Perpetua:

woman, while pregnant or within 1 yr after delivery (only suspended)

person over 70 years old

Article 84. Place of execution and persons who may witness the same take place in the penitentiary or Bilibid in a space closed to the public view shall be witnessed only by the priests assisting the offender and by his lawyers, and by his relatives, not exceeding six physician and the necessary personnel of the penal establishment, and by such persons as the Director of Prisons may authorize

Article 85. Provisions relative to the corpse of the person executed and its burial. Unless claimed by his family, the corpse of the culprit shall, upon the completion of the legal proceedings subsequent to the execution, be turned over to the institute of learning or scientific research first applying for it, for the purpose of study and investigation, provided that such institute shall take charge of the decent burial of the remains. Otherwise, the Director of Prisons shall order the burial of the body of the culprit at government expense, granting permission to be present thereat to the members of the family of the culprit and the friends of the latter. In no case shall the burial of the body of a person sentenced to death be held with pomp.

Article 86. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor. The penalties of reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto mayor, shall be executed and served in the places and penal establishments provided by the Administrative Code in force or which may be provided by law in the future.

Article 87. Destierro. Any person sentenced to destierro shall not be permitted to enter the place or places designated in the sentence, nor within the radius therein specified, which shall be no

Execution of Destierro

Convict shall not be permitted to enter the place designated in the sentence nor be

1. within the radius specified, which shall not be more than 250 and not less than 25 km

2. from the place designated

If the convict enters the prohibited area, he commits evasion of sentence

Article 88. Arresto menor.

Served where

In the municipal jail

In the house of the offender, but under the surveillance of an officer of the law whenever the court so provides in the decision due to the health of the offender. But the reason is not satisfactory just because the offender is a respectable member of the community

Title Four: Extinction of Criminal Liability

Chapter I: Total Extinction of Criminal Liability

Article 89. How criminal liability is totally extinguished.

Criminal liability is totally extinguished:

1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment.

Extinguishes criminal liability

Extinguishment of criminal liability is a ground of motion to quash

Criminal liability whether before or after final judgment is extinguished upon death because it is a personal penalty

Pecuniary penalty is extinguished only when death occurs before final judgement as well as the civil liability based solely thereon

claim of civil liability survives notwithstanding the death of accused, if the same may also be predicated on a source of obligation other than delict

Where the civil liability survives, an action for recovery therefore, may be pursued but only by way of filing a separate civil action. This separate civil action may be enforced either against the executor/administrator of the estate of the accused, depending on the source obligation upon which the same is based as explained above.

What is contemplated in Article 89 is that the accused who died before the finality of a verdict or conviction cannot be ordered to make restitution, reparation or indemnification to the offended party by way of moral and exemplary damages

Where there are several accused, the death of one does not result to the dismissal of the action because the liabilities, whether civil or criminal of said accused are distinct and separate.

The death of the offended party pending the trial is not included in the total extinction of criminal liability under Article 89, neither is it a ground for the dismissal of a criminal complaint or information

2. By service of the sentence

Crime is a debt, hence extinguished upon payment

Service does not extinguish civil liability

3. By amnesty, which completely extinguishes the penalty and all its effects

AMNESTY is an act of the sovereign power granting oblivion or general pardon. It wipes all traces and vestiges of the crime but does not extinguish civil liability

4. By absolute pardon

PARDON an act of grace proceeding from the power entrusted w/ the execution of laws, which exempts the individual from the punishment the law inflicts for the crime

Pardon, although absolute does not erase the effects of conviction. Considering that recidivism does not prescribe, no matter how long ago was the first conviction, he shall still be a recidivist

When the crime carries with it moral turpitude, the offender even if granted pardon shall still remain disqualified from those falling in cases where moral turpitude is a bar

Pardon becomes valid only when there is a final judgment. If given before this, it is premature and hence void. There is no such thing as a premature amnesty, because it does not require a final judgment; it may be given before final judgment or after it.

5. By prescription of the crime

When the crime prescribes, the state loses the right to prosecute

Prescription of a crime is the loss/forfeiture of the right of the state to prosecute the offender after the lapse of a certain time.

6. By prescription of the penalty

the loss/forfeiture of the right of government to execute the final sentence after the lapse of a certain time there must be final judgment and the period has elapsed

7. By the marriage of the offended woman, as provided in Art 344 of this Code

Article 90. Prescription of crime

Penalty or Felony

Prescriptive Period

Death, reclusion perpetua or

reclusion temporal

20 years

Other afflictive penalties

15 years

Correctional penalty, except arresto

mayor

10 years

Arresto mayor

5 years

Libel or other similar offenses

1 year

Oral defamation and slander by deed

6 years

Light offenses

2 years

Prescriptive periods of offenses punished under special laws and municipal ordinances

Penalty or Felony

Prescriptive Period

Fine only; or

imprisonment for not more than 1

month,

Or both,

1 year

Imprisonment for more than 1 month,

but less than 2 years

4 years

Imprisonment for 2 years or more but

less than 6 years

8 years

Imprisonment for 6 years or more

12 years

Internal Revenue Law offenses

5 years

Violations of municipal ordinances

2 months

Violations of the regulations or

conditions of certificate of

convenience by the Public Service

Commission

2 months

Article 91. Computation of prescription of offense.

1. Period of prescription commences to run from the day on which the crime is discovered by the offended party, the authorities or their agents

2. Interrupted by the filing of a complaint

3. Commences to run again when such proceeding terminate without the accused beingconvicted or acquitted or are unjustifiably stopped for any reason mot imputable ot him

4. Term of prescription shall not run when the offender is absent from the Philippines

Not applicable in the following cases

In continuing crimes where the prescriptive period will start to run only at the termination of the intended result

In crimes which are not concealed because there is a constructive notice to the public, such as to those which involve a public document registered in public offices. It is a rule that registration is tantamount to a declaration to the whole world. In such cases, the prescriptive period shall commence from the time of the registration of the document.

In the crime of false testimony where the prescriptive period is reckoned from the day of final judgment is rendered by the court and not at the time the false testimony was made.

Article 92. When and how penalties prescribe.

Penalty

Prescriptive Period

Death

Reclusion perpetua

20 years

Other afflictive penalties

15 years

Correctional penalties, except arresto

mayor

10 years

Arresto mayor

5 years

Light penalties

1 year

final sentence must be imposed

if A after conviction by the trial court, appealed the decision, and escaped from jail where he has been detained during the trial, the penalty will never prescribe

Article 93. Computation of the prescription of penalties

For the penalty to prescribe, he must be brought to Muntinlupa, booked there, placed inside the cell and thereafter he escapes

Elements

1. Penalty is final

2. Convict evaded the sentence

3. Convict has not given himself up

4. Penalty has prescribed because of lapse of time from the date of the evasion of the service of the sentence

Interruption of the period

1. If the defendant surrenders

2. If he is captured

3. If he should go into a foreign country with which the Philippines has no extradition treaty

4. If he should commit another crime before the expiration of the period of prescription

5. Acceptance of a conditional pardon

If a government has an extradition treaty w/ the country to w/c a convict escaped and the crime is not included in the treaty, the running of the prescription is interrupted

Sentence evasion clearly starts the running of the prescription. It does not interrupt it.

Acceptance of the conditional pardon interrupts the prescriptive period.

Article 94. Partial Extinction of criminal liability.

By conditional pardon

Conditional pardon contract between the sovereign power of the executive and the convict, Convict shall not violate any of the penal laws of the Philippines

Violation of conditions

Offender is re-arrested and re-incarcerated

Prosecution under Article 159

By commutation of the sentence

The change in the decision of the court by the chief executive by reducing degree of the penalty or by decreasing the length of the imprisonment or fine

Allowed when

person over 70 yrs old

10 justices fail to reach a decision affirming the death penalty

Consent not necessary in commutation

Prisoner is also allowed special time allowance for loyalty which is 1/5 deduction of the period of his sentence

PAROLE consists in the suspension of the sentence of a convict after serving the minimum term of the indeterminate penalty, without granting pardon, prescribing the terms upon which the sentence shall be suspended. In case his parole conditions are not observed, a convict may be returned to the custody and continue to serve his sentence without deducting the time that elapsed.

For good conduct allowances which the culprit may earn while he is serving his sentence.

Article 95. Obligation incurred by person granted conditional pardon

Condition of pardon is limited to unserved portion of the sentence, unless an intention to extend it beyond the time is manifest

Article 96. Effect of commutation of sentence. The commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the latter in the place of the former

ARTICLE 97.Allowance for good conduct. The good conduct of any offender qualified for credit for preventive imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner in any penal institution, rehabilitation or detention center or any other local jail shall entitle him to the following deductions from the period of his sentence:

1. During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each month of good behavior during detention

2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a reduction of twenty-three days for each month of good behavior during detention

3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of twenty-five days for each month of good behavior during detention;

4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of thirty days for each month of good behavior during detention; and

5. At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in addition to numbers one to four hereof, for each month of study, teaching or mentoring service time rendered.

An appeal by the accused shall not deprive him of entitlement to the above allowances for good conduct.

ARTICLE 98.Special time allowance for loyalty. A deduction of one fifth of the period of his sentence shall be granted to any prisoner who, having evaded his preventive imprisonment or the service of his sentence under the circumstances mentioned in Article 158 of this Code, gives himself up to the authorities within 48 hours followi