Penalties; Preventive Imprisonment (1994)
1) When is there preventive imprisonment? 2) When is the accused credited with the full time of his preventive imprisonment, and when is he credited with 4/5 thereof?
SUGGESTED ANSWER:
1) There is preventive imprisonment when [a) an offender is detained while the criminal case against him is being heard, either because the crime committed is a capital offense and not bailable, or even if he crime committed was bailable, the offender could not post the required bail for his provisional liberty.
2) An accused is credited with the full time of his preventive imprisonment if he voluntarily agreed in writing to abide by the rules of the institution imposed upon its prisoners, provided that:
a) the penalty imposed on him for the crime committed consists of a deprivation of liberty;
b) he is not disqualified from such credit for being a recidivist, or for having been previously convicted for two or more times of any crime, or for having failed to surrender voluntarily for the execution of the sentence upon being so summoned (Art. 29, RPC). Where the accused however did not agree he would only be credited with 4/5 of the time he had undergone preventive imprisonment.
Penalties; Reclusion Perpetua (RA) No. 7959 (2005)
Under Article 27 of the Revised Penal Code, as amended by Republic Act (RA) No. 7959, reclusion perpetua shall be from 20 years and 1 day to 40 years. Does this mean that reclusion perpetua is now a divisible penalty? Explain. (2%)
SUGGESTED ANSWER:
No, because the Supreme Court has repeatedly called the attention of the Bench and the Bar to the fact that the penalties of reclusion perpetua and life imprisonment are not synonymous and should be applied correctly and as may be specified by the applicable law. Reclusion perpetua has a specific duration of 20 years and 1 day to 40 years (Art. 27) and accessory penalties (Art. 41), while life imprisonment has no definite term or accessory penalties.
Also, life imprisonment is imposable on crimes punished by special laws, and not on felonies in the Code (People vs. De Guzman, G.R. Nos. 51385-86, Jan. 22, 1993; People vs. Estrella, G.R. Nos. 92506-07, April 28, 1993; People vs. Alvero, G.R. No. 72319, June 30,1993; People vs. Lapiroso, G.R. No. 122507, Feb. 25, 1999).[see Criminal Law Conspectus, page 156]
Penalties; Reclusion Perpetua vs. Life Imprisonment (1994) Differentiate reclusion perpetua from life imprisonment.
SUGGESTED ANSWER:
RECLUSION PERPETUA is that penalty provided for in the Revised Penal Code for crimes defined in and penalized therein except for some crimes defined by special laws which impose reclusion perpetua, such as violations of Republic Act 6425, as amended by Republic Act 7659 or of PD 1860; while LIFE IMPRISONMENT is a penalty usually provided for in special laws. Reclusion perpetua has a duration of twenty (20) years and one (1) day to forty [40] years under Republic Act 7659, while life imprisonment has no duration; reclusion perpetua may
be reduced by one or two degrees; reclusion perpetuates accessory penalties while life imprisonment does not have any accessory penalties (People vs. Baguio, 196 SCRA 459, People vs. Panellos, 205 SCRA 546).
Penalties; Reclusion Perpetua vs. Life Imprisonment (2001)
After trial, Judge Juan Laya of the Manila RTC found Benjamin Garcia guilty of Murder, the victim having sustained several bullet wounds in his body so that he died despite medical assistance given in the Ospital ng Manila. Because the weapon used by Benjamin was unlicensed and the qualifying circumstance of treachery was found to be present. Judge Laya rendered his decision convicting Benjamin and sentencing him to
"reclusion perpetua or life imprisonment". Are "reclusion perpetua" and life imprisonment the same and can be imposed interchangeably as in the foregoing sentence? Or are they totally different? State your reasons. (3%)
SUGGESTED ANSWER:
The penalty of reclusion perpetua and the penalty of life Imprisonment are totally different from each other and therefore, should not be used interchangeably. Reclusion perpetua is a penalty prescribed by the Revised Penal Code, with a fixed duration of imprisonment from 20 years and 1 day to 40 years, and carries it with accessory penalties. Life imprisonment, on the other hand, is a penalty prescribed by special laws, with no fixed duration of imprisonment and without any accessory penalty.
Probation Law: Proper Period (2005)
Maganda was charged with violation of the Bouncing Checks Law (BP 22) punishable by imprisonment of not less than 30 days but not more than 1 year or a fine of not less than but not more than double the amount of the check, which fine shall not exceed P200,000.00, or both. The court convicted her of the crime and sentenced her to pay a fine of P50,000.00 with subsidiary imprisonment in case of insolvency, and to pay the private complainant the amount of the check. Maganda was unable to pay the fine but filed a petition for probation. The court granted the petition subject to the condition, among others, that she should not change her residence without the court’s prior approval. a) What is the proper period of probation?
SUGGESTED ANSWER:
The period shall not be less than twice the total number of days of subsidiary imprisonment. Under Act No. 1732, subsidiary imprisonment for violations of special laws shall not exceed 6 months at the rate of one day of
imprisonment for every F2.50. Hence, the proper period of probation should not be less than (6 months nor more than 12 months. Since P50,000.00 fine is more than the maximum subsidiary imprisonment of 6 months at P2.50 a day.
b) Supposing before the Order of Discharge was issued by the court but after the lapse of the period of probation, Maganda transferred residence without prior approval of the court. May the court revoke the Order of Probation and order her to serve the subsidiary imprisonment? Explain.
SUGGESTED ANSWER:
Yes. The Court may revoke her probation. Probation is not coterminous with its period. There must first be issued by the court an order of final discharge based on the report and recommendation of the probation officer. Only then can the case of the probationer be terminated. (Bala v. Martinez, G.R. No. 67301, January 29, 1990, citing Sec. 16 of P.D. No. 968)
Probation Law; Barred by Appeal (1994)
On February 3, 1986, Roberto was convicted of arson through reckless imprudence and sentenced to pay a fine of P15,000.00, with subsidiary imprisonment in case of insolvency by the Regional Trial Court of Quezon
City. On February 10, 1986, he appealed to the Court of Appeals. Several months later, he filed a motion to withdraw the appeal on the ground that he is applying for probation. On May 7, 1987, the Court of Appeals granted the motion and considered the appeal withdrawn. On June 10, 1987, the records of the case were remanded to the trial court. Roberto filed a "Motion for Probation" praying that execution of his sentence be suspended, and that a probation officer be ordered to conduct an Investigation and to submit a report on his probation. The judge denied the motion on the ground that pursuant to Presidential Decree No. 1990, which took effect on July 16,1986, no application for probation shall be entertained or granted if the defendant has perfected an appeal from the judgment
of conviction. Is the denial of Roberto's motion correct?
SUGGESTED ANSWER:
Yes. Even if at the time of his conviction Roberto was qualified for probation but that at the time of his application for probation, he is no longer qualified, he is not entitled to probation. The qualification for probation must be determined as of the time the application is filed in Court (Bernardo vs. Judge, etal. GRNo. L86561,Nov, 10. 1992;
Edwin de la Cruz vs. Judge Callejo. et al, SP-19655, April 18, 1990, citing Llamado vs. CA, et al, GR No. 84859, June 28, 1989; Bernardo us. Judge Balagot, etal, GR 86561, Nov. 10, 1992).
Probation Law; Barred by Appeal (2001)
A, a subdivision developer, was convicted by the RTC of Makati for failure to issue the subdivision title to a lot buyer despite full payment of the lot, and sentenced to suffer one year Imprisonment. A appealed the decision of the RTC to the Court of Appeals but his appeal was dismissed. May A still apply for probation?
Explain. (5%)
SUGGESTED ANSWER:
No, A is no longer qualified to apply for probation after he appealed from the judgment of conviction by the RTC.
The probation law (PD 968, as amended by PD1990) now provides that no application for probation shall be entertained or granted if the accused has perfected an appeal from the judgment of conviction (Sec. 4, PD 968).
Probation Law; Maximum Term vs. Total Term (1997)
The accused was found guilty of grave oral defamation in sixteen (16) information which were tried jointly and was sentenced in one decision to suffer in each case a prison term of one (1) year and one (1) day to one (1) year and eight (8) months of prision correccional. Within the period to appeal, he filed an application for probation under the Probation Law of 1976, as amended. Could he possibly qualify for probation?
SUGGESTED ANSWER:
Yes. In Francisco vs. Court of Appeals, 243 SCRA 384, the Supreme Court held that in case of one decision imposing multiple prison terms, the totality of the prison terms should not be taken into account for the purposes of determining the eligibility of the accused for the probation. The law uses the word "maximum term", and not total term. It is enough that each of the prison terms does not exceed six years. The number of offenses is immaterial for as long as the penalties imposed, when taken individually and separately, are within the probationable period.
Probation Law; Order Denying Probation; Not Appealable (2002)
A was charged with homicide. After trial, he was found guilty and sentenced to six (6) years and one (1) day in prision mayor, as minimum, to twelve (12) years and one (1) day of reclusion temporal, as maximum. Prior to his conviction, he had been found guilty of vagrancy and imprisoned for ten (10) days of arresto manor and fined fifty pesos (P50.00). Is he eligible for probation? Why? (3%)
SUGGESTED ANSWER:
No, he is not entitled to the benefits of the Probation Law (PD 968, as amended) does not extend to those sentenced to serve a maximum term of imprisonment of more than six years (Sec. 9a). It is of no moment that in his previous conviction A was given a penalty of only ten (10) days of arresto mayor and a fine of P50.00.
B. May a probationer appeal from the decision revoking the grant of probation or modifying the terms and