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8/14/2019 Penalties Crim Philippines.ppt
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Penalties
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Penalties in General
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Penalty
Penalty is the punishment
imposed by lawful authority upon
a person who commits an
unlawful, deliberate or negligent
act. [Philippine Law Dictionary,
Federico B. Moreno, Third Edition,
1988, p. 688, citing People v. Moran,33 Phil. 431]
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Pena t es w c may eimposed
No felony shall be punishable by anypenalty not prescribed by law prior to
its commission. [Article 21, RPC]
The penalties that may be imposed,according to the RPC, are those
enumerated in Article 25 of the RPC.
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Constitutional limitations on penalties
Excessive fines shall not be imposed, norcruel, degrading or inhuman punishmentinflicted. [Const., art. III, sec. 19 (1)]
Neither shall death penalty be imposed,
unless, for compelling reasons involvingheinous crimes, the Congress hereafterprovides for it. Any death penalty alreadyimposed shall be reduced to reclusion perpetua . [Const., art. III, sec. 19 (1)]
The employment of physical, psychological,or degrading punishment against anyprisoner or detainee or the use ofsubstandard or inadequate penal facilitiesunder subhuman conditions shall be dealt
with by law. [Const., art. III, sec. 19 (2)]
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Principal Penalties which may be imposed
1. Death
2. Reclusion Perpetua
3. Reclusion Temporal
4. Perpetual or Temporary Absolute Disqualification
5. Perpetual or Temporary Special Disqualification
6. Prision Mayor 7. Prision Correccional
8. Arresto Mayor
9. Suspension
10. Destierro
11. Arresto Menor
12. Public Censure
13. Fine
14. Bond to Keep the Peace
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Accessory Penalties which may be imposed
1. Perpetual or temporary absolute disqualification
2. Perpetual or temporary special disqualification
3. Suspension from public office, the right to vote and be
voted for, the profession or calling4. Civil interdiction
5. Indemnification
6. Forfeiture or confiscation of instruments and proceeds of
the offense7. Payment of costs
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The Death Penalty
The 1987 Constitution prohibited the imposition of the
death penalty unless, for compelling reasons involvingheinous crimes, the Congress deemed it necessary to
impose it. [CONST ., art. III, sec. 19 (1)]
Pursuant to the 1987 Constitution, Congress enacted
Republic Act No. 7659, which imposed the death penalty
on certain heinous crimes. The law took effect on 31
December 1993.
Subsequently, the death penalty was prohibited frombeing imposed by Republic Act No. 9346 or An Act
Prohibiting the Imposition of Death Penalty in the
Philippines. Rep. Act No. 9346 was enacted into law on 24
June 2006 and took effect on 14 July 2006.
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People v. Echegaray
The Supreme Court has repeatedly ruled that the death penalty is not a cruel, excessive or
unusual punishment.
Under the 1987 Constitution, Congress may re-impose the death penalty provided: (i)
Congress define or describe what is meant by heinous crimes; and (ii) Congress specify and
penalize by death only crimes that qualify as heinous in accordance with the definition or
description set in the death penalty bill and designate crimes punishable by reclusion
perpetua to death in which latter case, death can only be imposed upon the attendance of
circumstances duly proven in court that characterize the crime to be heinous; and (iii)
Congress, in enacting the death penalty bill be singularly motivated by “compelling reasons
involving heinous crimes”.
Crimes in Rep. Act No. 7659 are heinous for being grievous, odious and hateful offenses and
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.
The Supreme Court held that, insofar as the element of heinousness is concerned, Rep. Act
No. 7659 correctly identified crimes warranting the mandatory penalty of death. As to the
other crimes in Rep. Act No. 7659 punished by reclusion perpetua to death, they are
admittedly no less abominable than those mandatorily penalized by death. The proper time
to determine their heinousness is when on automatic review the SC is called upon to pass
on a death sentence meted out by the trial court. Compelling reasons go hand in hand with
the heinousness of the crimes.
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Effects of Rep. Act No. 9346
The imposition of the death penalty wasprohibited. [Section 1, Rep. Act No. 9346]
In lieu of the death penalty, the followingshall be imposed:
a. the penalty of reclusion perpetua , when thelaw violated makes use of the nomenclatureof the penalties of the Revised Penal Code; or
b. the penalty of the imprisonment, when thelaw violated does not make use of thenomenclature of the penalties of the RevisedPenal Code. [Section 2, Rep. Act No. 9346]
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Effects of Rep. Act No. 9346
However, Rep. Act No. 9346 provides that
persons convicted of offenses punished with
reclusion perpetua , or whose sentences will
be reduced to reclusion perpetua , by reason
of its effectivity, shall not be eligible for
parole under Act No. 4103, otherwise knownas the Indeterminate Sentence Law, as
amended. [Section 3, Rep. Act No. 9346]
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Reclusion Perpetua v. Life
Imprisonment
1. Reclusion Perpetua is imposed by the Revised Penal
Code, while Life Imprisonment is imposed by Special Law
2. Reclusion Perpetua entails imprisonment for only thirty(30) years after which the convict becomes eligible for pardon,
while Life Imprisonment does not appear to have any definite
extent of duration
3. Reclusion Perpetua carries accessory penalties, while it isnot so in Life Imprisonment [People v. Abapo, 239 SCRA 469
(1994), citing People vs. Baguio, 196 SCRA 459 (1991)].
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Perpetual or temporary absolute disqualification
Perpetual absolute disqualification shall produce the following
effects:
1. The deprivation of the public offices and
employments which the offender may have held, even if
conferred by popular election;
2. The deprivation of the right to vote in any electionfor any popular elective office or to be elected to such office;
3. The disqualification for the offices or public
employments and for the exercise of any of the rights
mentioned; and
4. The loss of all rights to retirement pay or otherpension for any office formerly held. [REV. PEN. CODE, art. 30]
In case of temporary absolute disqualification, the
disqualification in nos. 2 and 3 above shall last during the term
of the sentence. [REV. PEN. CODE, art. 30]
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Perpetual or temporary special
disqualification
The penalties for perpetual or temporary special
disqualification for public office, profession or calling
shall produce the following effects:
1. The deprivation of the office,
employment, profession or calling affected; and
2. The disqualification for holding similaroffices or employment either perpetually or during
the term of the sentence, according to the extent of
such disqualification. [REV. PEN. CODE, art. 31]
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Destierro
The penalty of destierro means
banishment or only a prohibition from
residing within the radius of 25 kilometers
from the actual residence of the accused for aspecified length of time. Although destierro
does not constitute imprisonment (which is a
typical example of deprivation of liberty), it is
nonetheless a deprivation of liberty. [People v.
Dionisia Bastasa, G.R. No. 32792, 2 February
1979]
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Destierro v Arresto Mayor
Destierro is not higher penalty than arresto mayor .
Arresto mayor means imprisonment or complete deprivation of
liberty, whereas destierro means banishment or only a
prohibition from residing within the radius of 25 kilometers
from the actual residence of the accused for a specified length of
time. The respective severities of arresto mayor and destierro
must not be judged by the duration of each of these penalties,but by the degree of deprivation of liberty involved. Penologistshave always considered destierro lighter than arresto mayor .
Such criterion is reflected both in the old Spanish Penal Code
and in our Revised Penal Code. In the graduated scale of article
71 the lawmaker has placed destierro below arresto mayor . There is, therefore, no basis in fact or in law for holding thatdestierro is a higher penalty than arresto mayor and that an
offense penalized with destierro falls under the jurisdiction of
the court of first instance. [Uy Chin Hua vs. Dinglasan, 86 Phil.
617 (1950)]
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When is destierro imposed as a
penalty?
1. Serious physical injuries or death under
exception circumstances [REV. PEN. CODE, art. 247]
2. In case of failure to give bond for good behavior
[REV. PEN. CODE, art. 284]
3. Penalty for concubine in concubinage [REV.PEN. CODE, art. 334]
4. In cases where, after reducing the penalty by
one or more degrees, destierro is the proper penalty
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Public Censure
Censure, being a penalty, is not
proper in acquittal. [Luis B. Reyes, The
Revised Penal Code, Book I, Sixteenth
Edition, 2006, p. 607, citing People v.
Abellera, 69 Phil. 623]
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Civil Interdiction
Civil interdiction shall deprive the
offender during the time of his sentence of the
rights of parental authority, or guardianship,either as to the person or property of any
ward or marital authority, of the right to
manage his property and of the right to
dispose of such property by any act or any
conveyance inter vivos . [REV. PEN. CODE, art.
34]
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Bond to Keep the Peace
It shall be the duty of any person sentenced to give bond to keep the
peace, to present two sufficient sureties who shall undertake that such
person 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 in its judgment, or otherwise to deposit such amount in the
office of the clerk of the court to guarantee said undertaking. [R EV .
PEN. CODE, art. 35]
The court shall determine, according to its discretion, the period of
duration of the bond. [R EV . PEN. CODE, art. 35]
Should the person sentenced fail to give the bond as required, he shall
be detained for a period which shall in no case exceed six months, if he
shall have been prosecuted for a grave or less grave felony, and shall not
exceed thirty days, if for a light felony. [R EV . PEN. CODE, art. 35]
Under Article 284 of the Revised Penal Code, bond for good behavior is
imposed for those convicted for grave and light threats.
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Measures of prevention or safety which are
not considered penalties
1. The arrest and temporary detention of accusedpersons, as well as their detention by reason ofinsanity or imbecility, or illness requiring theirconfinement in a hospital;
2. The commitment of a minor to any of the institutionsmentioned in article 80 and for the purposes specifiedtherein;
3. Suspension from the employment or public officeduring the trial or in order to institute proceedings;
4. Fines and other corrective measures which, in theexercise of their administrative or disciplinary powers,superior officials may impose upon their subordinates;and
5. Deprivation of rights and reparations which the civil
law may establish in penal form. [Article 24, RPC]
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Classification of Penalties
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Several classification ofpenalties
1. Principal v. Accessory
2. According to divisibility
3. According to gravity
4. According to subject matter
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Principal penalties
Principal penalties are those
expressly imposed by the court in the judgment of conviction.
Accessory penalties
Accessory penalties are those that
are deemed included in theimposition of the principal penalties.
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Principal Penalties which may be imposed
1. Death
2. Reclusion Perpetua
3. Reclusion Temporal
4. Perpetual or Temporary Absolute Disqualification
5. Perpetual or Temporary Special Disqualification
6. Prision Mayor 7. Prision Correccional
8. Arresto Mayor
9. Suspension
10. Destierro
11. Arresto Menor12. Public Censure
13. Fine14. Bond to Keep the Peace
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Accessory Penalties which may beimposed
1. Perpetual or temporary absolute disqualification
2. Perpetual or temporary special disqualification
3. Suspension from public office, the right to vote and be
voted for, the profession or calling
4. Civil interdiction
5. Indemnification
6. Forfeiture or confiscation of instruments and proceeds of
the offense7. Payment of costs
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Classification of penalties
according to divisibility
1. Divisible penalties
2. Indivisible penalties
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Indivisible penalties
Indivisible penalties are those whichhave no fixed duration.
The indivisible penalties are reclusion perpetua , perpetual absolute orspecial disqualification, and public
censure
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Classification of penalties
according to their gravity
1. Capital
2. Afflictive penalties
3. Correctional penalties
4. Light penalties
i h ffli i i l
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Fine, when afflictive, correctional, orlight penalty
A fine, whether imposed as a singleor as an alternative penalty, shall be
considered an afflictive penalty, if itexceeds 6,000 pesos; a correctionalpenalty, if it does not exceed 6,000pesos but is not less than 200 pesos;and a light penalty if it be less than 200pesos. [Article 26, RPC]
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Classification of penaltiesaccording to subject matter
1. Deprivation of freedom (reclusion , prision , arresto )
2. Restriction of freedom (destierro )
3. Deprivation of rights (disqualification
and suspension)
4. Pecuniary (fine)
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Duration and Effect of Penalties
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Duration of penalties
Reclusion Perpetua - 20 years and 1 day to 40 years
Reclusion Temporal - 12 years and 1 day to 20 years
Prision Mayor and
Temporary Disqualification - 6 years and 1 day to 12 years
Prision correccional,
Suspension and destierro - 6 months and 1 day to 6 years
Arresto mayor - 1 month and 1 day to 6 months
Arresto menor - 1 day to 30 days
Bond to Keep the Peace - The bond shall be required to
cover such period as the court
may determine
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Effects of the penalties of perpetual or
temporary absolute disqualification
The penalties of perpetual or temporary
absolute disqualification for public office
shall produce the following effects:
1. The deprivation of the public offices and
employments which the offender may have held even
if conferred by popular election.
2. The deprivation of the right to vote in any election for
any popular elective office or to be elected to suchoffice.
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Effects of the penalties of perpetual or
temporary absolute disqualification
3. The disqualification for the offices or
public employments and for the exercise
of any of the rights mentioned.
In case of temporary disqualification, suchdisqualification as is comprised in paragraphs 2
and 3 of this article shall last during the term of
the sentence.
4. The loss of all rights to retirement pay orother pension for any office formerly held.
[Article 30, RPC]
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Effects of the penalties of perpetual or
temporary special disqualification
The penalties of perpetual or temporary
special disqualification for public office,
profession or calling shall produce the
following effects:1. The deprivation of the office, employment,
profession or calling affected;
2. The disqualification for holding similar offices oremployments either perpetually or during the
term of the sentence, according to the extent of
such disqualification. [Article 31, RPC]
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Effects of the penalties of perpetual or
temporary special disqualification for the
exercise of the right of suffrage
The perpetual or temporary special
disqualification for the exercise of the
right of suffrage shall deprive the offender
perpetually or during the term of the
sentence, according to the nature of said
penalty, of the right to vote in any popular
election for any public office or to be
elected to such office. Moreover, theoffender shall not be permitted to hold
any public office during the period of his
disqualification. [Article 32, RPC]
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Effects of the penalties of suspension from
any public office, profession or calling, or the
right of suffrage
The suspension from public office,
profession or calling, and the exercise of
the right of suffrage shall disqualify the
offender from holding such office or
exercising such profession or calling or
right of suffrage during the term of the
sentence.
The person suspended from holding public
office shall not hold another having
similar functions during the period of his
suspension. [Article 33, RPC]
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Civil interdiction
Civil interdiction shall deprive the offender duringthe time of his sentence of the rights of parentalauthority, or guardianship, either as to the personor property of any ward, of marital authority, ofthe right to manage his property and of the rightto dispose of such property by any act or anyconveyance inter vivos . [Article 34, RPC]
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Effects of bond to keep the peace
It shall be the duty of any person sentenced to give
bond to keep the peace, to present two sufficientsureties who shall undertake that such person willnot commit the offense sought to be prevented,and that in case such offense be committed theywill pay the amount determined by the court in its
judgment, or otherwise to deposit such amount in
the office of the clerk of the court to guaranteesaid undertaking. [Article 35, RPC]
The court shall determine, according to itsdiscretion, the period of duration of the bond.[Article 35, RPC]
Should the person sentenced fail to give the bondas required, he shall be detained for a period whichshall in no case exceed six months, if he shall havebeen prosecuted for a grave or less grave felony,and shall not exceed thirty days, if for a lightfelony. [Article 35, RPC]
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Costs; what are included
Costs shall include fees and indemnities in the
course of the judicial proceedings, whether they befixed or unalterable amounts previouslydetermined by law or regulations in force, oramounts not subject to schedule. [Article 37, RPC]
Pecuniary liabilities In case the property of the offender should not be
sufficient for the payment of all his pecuniaryliabilities, the same shall be met in the followingorder:
1. The reparation of the damage caused;
2. Indemnification of consequential damages;
3. The fine; and
4. The costs of the proceedings. [Article 38, RPC]
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Subsidiary penalty
3. When the principal penalty imposed is higher than prisión correccional no subsidiary imprisonment
shall be imposed upon the culprit.
4. If the principal penalty imposed is not to beexecuted by confinement in a penal institution,but such penalty is of fixed duration, the convict,during the period of time established in the
preceding rules, shall continue to suffer the samedeprivation as those of which the principal penaltyconsists.
5. The subsidiary personal liability which the convictmay have suffered by reason of his insolvency shall
not relieve him from the fine in case his financialcircumstances should improve. [Article 39, RPC]
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Application of Penalties
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Successive service of sentences
1. When the culprit has to serve two ormore penalties, he shall serve them
simultaneously if the nature of the penalties
will so permit.
2. If the penalties cannot be served
simultaneously, they will be served
successively on the basis of their severity.
3. The severity of the penalty is based on
the following scale:
(i) D th
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(i) Death
(ii) Reclusion Perpetua
(iii) Reclusion Temporal
(iv) Prision Mayor
(v) Prision Correccional
(vi) Arresto Mayor
(vii) Arresto Menor
(viii) Destierro
(ix) Perpetual absolute disqualification
(x) Temporary absolute disqualification
(xi) Suspension from public office, the rightto vote and be voted for, the right to follow profession
or calling, and
(xii) Public censure
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Three-fold rule
The maximum duration of the convict’s 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 to
which he may be liable shall be inflicted after the
sum of those imposed equals the maximum period.
Such maximum period shall in no case exceed
forty years.
The duration of perpetual penalties shall be
computed at thirty years. [Art. 70, RPC]
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Graduated Scales (Art. 71, RPC)
Scale No. 1
1. Death
2. Reclusion Perpetua
3. Reclusion Temporal
4. Prision Mayor
5. Prision Correccional
6. Arresto Mayor
7. Destierro8. Arresto Menor
9. Public Censure
10. Fine
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Scale No. 2
1. Perpetual absolute disqualification
2. Temporary absolute disqualification
3. Suspension from public office, the
right to vote and be voted for, and
the right to follow a profession or
calling
4. Public censure
5. Fine
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Degree and Period
A degree is one entire penalty, one whole
penalty or one whole unit of the penalties
enumerated in the graduated scales provided
for in Art. 71, RPC. Each of the penalties ofreclusion perpetua , reclusion temporal , prision
mayor , etc., enumerated in the graduated
scales, is a degree.
A period is one of the three equal
portions, called minimum, medium and
maximum, of a divisible penalty.
P l b i d
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Penalty to be imposed upon
principals in general
The penalty prescribed by law for the
commission of a felony shall be imposed
upon the principals in the commission ofsuch felony. [REV. PEN. CODE, art. 46]
Whenever the law prescribes a penalty for a
felony in general terms, it shall be
understood as applicable to the
consummated felony. [REV. PEN. CODE, art.
46]
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Penalties upon principals in consummated,
frustrated and attempted crime
The penalty prescribed by law for the commission of a felonyshall be imposed upon the principals in the commission of
such felony, which shall be understood as applicable to the
consummated felony. [REV. PEN. CODE, art. 46]
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. [REV. PEN. CODE, art. 50]
The penalty lower by two degrees than that prescribed by lawfor the consummated felony shall be imposed upon theprincipals in an attempt to commit a felony. [REV. PEN. CODE,
art. 51]
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Penalty on accomplices in consummated,
frustrated and attempted crime
The penalty next lower in degree than that prescribed by lawfor the consummated felony shall be imposed upon the
accomplices in the commission of a consummated felony.
[REV. PEN. CODE, art. 52]
The penalty next lower in degree than that prescribed by law
for the frustrated felony shall be imposed upon the
accessories in the commission of a frustrated felony. [REV.
PEN. CODE, art. 54]
The penalty next lower in degree than that prescribed by lawfor an attempt to commit a felony shall be imposed upon the
accomplices in an attempt to commit the felony. [REV. PEN.
CODE, art. 56]
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Penalty on accessories in a consummated,
frustrated and attempted crime
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.
[REV. PEN. CODE, art. 53]
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. [REV.
PEN. CODE, art. 55]
The penalty lower by two degrees than that prescribed by law
for the attempt shall be imposed upon the accessories to the
attempt to commit a felony. [REV. PEN. CODE, art. 57]
Rules for Graduating Penalties
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Rules for Graduating Penalties
1. When the penalty prescribed for the felony is single
and indivisible, the penalty next lower in degree shall be thatimmediately following that indivisible penalty in the respective
graduated scale prescribed in article 71 of this Code.
2. When the penalty prescribed for the crime is
composed of two indivisible penalties, or of one or more divisiblepenalties to be imposed to their full extent, the penalty next lower indegree shall be that immediately following the lesser of the penalties
prescribed in the respective graduated scale.
3. When the penalty prescribed for the crime iscomposed of one or two indivisible penalties and the maximum
period of another 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 period of that
immediately following in said respective graduated scale.
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4. When the penalty prescribed for the crime is
composed of several periods, corresponding to different divisible
penalties, 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 in the above mentioned respective graduated scale.
5. When the law prescribes a penalty for a crime insome manner not specially provided for in the four preceding
rules, the courts, proceeding by analogy, shall impose
corresponding penalties upon those guilty as principals of the
frustrated felony, or of attempt to commit the same, and upon
accomplices and accessories.
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Effect of mitigating and aggravating circumstances
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Effect of mitigating and aggravating circumstances
1. Aggravating circumstances which in themselves
constitute a crime specially punishable by law or which are included
by the law in defining a crime and prescribing the penalty therefor
shall not be taken into account for the purpose of increasing the
penalty.
2. The same rule shall apply with respect to any
aggravating circumstances inherent in the crime to such a degree
that it must of necessity accompany the commission thereof.
3. Aggravating or mitigating circumstances which arise
from the moral attributes of the offender, or from his private relations
with the offended party, or from any other personal cause, shall only
serve to aggravate or mitigate the liability of the principals,
accomplices and accessories as to whom such circumstances are
attendant.
4. The circumstances which consist in the material
execution of the act, or in the means employed to accomplish it, shall
serve to aggravate or mitigate the liability of those persons only who
had knowledge of them at the time of the execution of the act or their
cooperation therein.
Eff t f h bit l d li
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Effect of habitual delinquency
1. Upon the 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;
2. Upon the 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; and
3. 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.
Notwithstanding the provisions of this article, the total of
the two penalties to be imposed upon the offender, in conformity
herewith, shall in no case exceed 30 years.
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Habitual delinquent
A person shall be deemed to be
habitual delinquent, if within a period of
ten years from the date of his release orlast conviction of the crimes of serious
or less serious physical injuries, robo ,
hurto , estafa, or falsification, he is foundguilty of any of said crimes a third time
or oftener.
R l i li ti f i di i ibl lti
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Rules in application of indivisible penalties
1. In all cases in which the law prescribes a
single indivisible penalty, it shall be applied by the
courts regardless of any mitigating or aggravating
circumstances that may have attended the
commission of the deed.
2. In all cases in which the law prescribes a
penalty composed of two indivisible penalties, the
following rules shall be observed in the application
thereof:
(a) When in the commission of the deed
there is present only one aggravating circumstance,
the greater penalty shall be applied.
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(b) When there are neither mitigating nor
aggravating circumstances in the commission of the
deed, the lesser penalty shall be applied.
(c) When the commission of the act is
attended by some mitigating circumstance and there
is no aggravating circumstance, the lesser penalty
shall be applied.
(e) When both mitigating and aggravating
circumstances attended the commission of the act,
the courts shall reasonably allow them to offset oneanother in consideration of their number and
importance, for the purpose of applying the penalty
in accordance with the preceding rules, according to
the result of such compensation.
Application of penalties with three periods
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1. When there are neither aggravating nor mitigating
circumstances, they shall impose the penalty prescribed by law in its
medium period.
2. When only a mitigating circumstance is present in thecommission of the act, they shall impose the penalty in its minimum period.
3. When only an aggravating circumstance is present in the
commission of the act, they shall impose the penalty in its maximum period.
4. When both mitigating and aggravating circumstances are
present, the court shall reasonably offset those of one class against the
other according to their relative weight.
5. When there are two or more mitigating circumstances and
no aggravating circumstances are present, the court shall impose the
penalty next lower to that prescribed by law, in the period that it may deem
applicable, according to the number and nature of such circumstances.
6. Whatever may be the number and nature of the aggravatingcircumstances, the courts shall not impose a greater penalty than that
prescribed by law, in its maximum period.
7. Within the limits of each period, the courts shall determine
the extent of the penalty according to the number and nature of the
aggravating and mitigating circumstances and the greater or lesser extent of
the evil produced by the crime.
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Plurality of crimes
1. Complex crime
2. Special complex crime
3. Continued or continuing crime
4. Separate and distinct crimes
Complex crime
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Complex crime
A complex crime is committed when a singleact constitutes two or more grave or lessgrave felonies (compound crime) or when anoffense is a necessary means for committingthe other (complex crime proper) [Article 48,RPC]
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Two kinds of complex crimes
1. Compound crime or when a single
act constitutes two or more grave or less
grave felonies
2. Complex crime proper or when an
offense is a necessary means for
committing the other
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Compound crime
1. That only a single act is performed
by the offender
2. That the single act produces (i) two
or more grave felonies, or (ii) one or
more grave and one or more less grave
felonies, or (iii) two or more less gravefelonies
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A complex crime is only one crime,
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co p e c e s o y o e c e,hence, only one penalty is imposed forthe commission of a complex crime
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Penalty for complex crime
The penalty for the most seriouscrime shall be imposed, the sameto be applied in its maximumperiod. [Article 48, RPC]
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No complex crime of rebellion
In Enrile v. Salazar, 186 SCRA 217 (1990)),the Supreme Court reiterated that there is no
complex crime of rebellion.
It affirmed its ruling in People v. Hernandez,
99 Phil. 515 (1956) which prohibits the
complexing of rebellion with any other offense
committed on the occasion thereof, either as ameans necessary to its commission or as an
unintended effect of an activity that
constitutes rebellion.
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People v. Guillen, 85 Phil. 307 (1950)
Julio Guillen planned to kill the Philippine
President, Manuel Roxas, and threw a grenade during a
rally in Plaza Miranda, Manila, killing one person and
injuring four others. He was charged and convicted by
the trial court of the complex crime of murder and
multiple frustrated murder. The Supreme Court heldthat the case before it is clearly governed by the first
clause of Article 48 of the RPC because by a single act,
that of throwing a highly explosive hand grenade at
President Roxas, Guillen committed two grave felonies,namely: (1) murder, of which Simeon Varela was the
victim; and (2) multiple attempted murder, of which
President Roxas, Alfredo Eva, Jose Fabio, Pedro Carrillo
and Emilio Maglalang were the injured parties
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People v. Toling, 62 SCRA 17 (1975)
Twins Jose and Antonio Toling were chargedand convicted of multiple murder (9 deaths), multiple
frustrated murder (6 victims) and triple homicide (3
victims), when they ran amuck in a Bicol-bound
train. The Supreme Court held that the eight killingsand the attempted murder were perpetrated by
means of different acts. Hence, they cannot be
regarded as constituting a complex crime under
article 48 of the Revised Penal Code which refers to
cases where "a single act constitutes two or more
grave felonies, or when an offense is a necessary
means for committing the other".
People v Valdez 304 SCRA 611 (1999)
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People v. Valdez, 304 SCRA 611 (1999)
Rolando Valdez was charged and convicted by the trial
court of complex crime of multiple murder with doublefrustrated murder and for separate crime of illegal
possession of firearms. SC reversed. It was clear from
the evidence that the four crimes of murder resulted not
from a single act but from several individual and
distinct acts. Each act by each gunman pulling thetrigger of their respective firearms, aiming each
particular moment at different persons constitute
distinct and individual acts which cannot give rise to
the complex crime of multiple murder. The SupremeCourt ruled that Valdez was guilty, not of a complex
crime of multiple murder, but of four counts of murder
for the death of the four victims in this case. In the
same manner, Valdez was likewise held guilty for two
counts of frustrated murder.
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Under Article 48, a complex crime arises "when
an offense is a necessary means for committing the
other." The term "necessary means" does not connote
indispensable means for if it did then the offense as a
"necessary means" to commit another would be an
indispensable element of the latter and would be an
ingredient thereof. The phrase "necessary means"
merely signifies that one crime is committed to facilitateand insure the commission of the other. In this case,
the crime of Serious Illegal Detention was such a
"necessary means" as it was selected by appellant and
his co-accused to facilitate and carry out moreeffectively their evil design to stage a robbery.
Special complex crimes
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Article 48 of the RPC does not applyin special complex crimes, e.g. robberywith homicide (Art. 294, par. 1), robberywith rape (Art. 294, par. 2), kidnappingwith murder or homicide (Art. 267, last
par.), rape with homicide (Art. 335),because RPC provides for one singlepenalty for each of those special complexcrimes.
Continued crime
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A continued or continuous orcontinuing is a single crime, consisting ofa series of acts but all arising from onecriminal resolution. Only one penalty shallbe imposed.
A continued crime is not a complexcrime.
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Rebellion is a continuing
offense[Umil v. Ramos, 202 SCRA 251 (1991)
People v. De Leon, 49 Phil. 437 (1926)
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p , ( )
Vicente de Leon stole two game roosters, belonging to two
different owners, in a yard. He was prosecuted for two crimes of
theft. The trial court convicted him for one crime of theft only. The crime of theft is an offense against personal property and
what is punished is the alarm caused in the community by the
perpetration of the act which is violative of the individual rights
guaranteed by the law, as well as the damage that said act may
occasion to the members of the community. Under soundprinciples, the act of taking the two roosters, in response to the
unity of thought in the criminal purpose on one occasion, is not
susceptible of being modified by the accidental circumstance
that the article unlawfully taken belonged to two distinct
persons. There is no series of acts here for the accomplishment
of different purposes, but only of one which was consummated,and which determines the existence of only one crime. The act of
taking the roosters in the same place and on the same occasion
cannot give rise to two crimes having an independent existence
of their own, because there are not two distinct appropriations
nor two intentions that characterize two separate crimes.
Transitory crime in
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Transitory crime in
criminal procedure to
determine venue
Penalty when crime different
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Penalty when crime different
from that intended
[Art. 49, RPC]
P l f i ibl i
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Penalty for impossible crime
[Art. 59, RPC]
P l f i
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Penalty for minor
[Art. 68, RPC]
Penalty for incomplete
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justifying or exempting
circumstances[Art. 69, RPC]
Penalty for incomplete
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exempting under Art. 12, par.
4, RPC[Art. 67, RPC]