Capítulo III Diversificación de riesgos
PORCENTAJE RELATIVO A LA
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ACRIMINALDVISER: JUDGE LAW RICO TEAM SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMANASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
Q: When is it not applicable? A: 1. When a new law increases the civil liability; 2. When a new law is expressly made
inapplicable. Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A. 9346) Q: What is the effect of R.A. 9346?
A: The penalty meted out was thus reduced to reclusion perpetua. Furthermore, Sec. 3 of RA 9346 provides,
“Persons convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion
perpetua, by reason of this Act, shall not
be eligibile for parole under Act No. 4103, known as the Indeterminate Sentence Law, as amended.” (People v. Lucero, G.R.
No. 188705, March 2, 2011)
Q: Is the death penalty already abolished?
A: No. What is prohibited under R.A. 9346 is only the imposition of death penalty. Note: However, the corresponding civil liability should be the civil liability corresponding to death. (People v. Salome, G.R. No. 169077, Aug. 31, 2006) Q: What penalty would be imposed in lieu of the death penalty?
A: In lieu of the death penalty, the following shall be imposed:
1. Reclusion perpetua- when the law violated makes use of the nomenclature of the penalties of the RPC; or
2. Life imprisonment- when the law violated does not make use of the nomenclature of the penalties of the RPC. (Sec.2)
Q: What is the purpose of the law?
A: For justice, because the State has an existence of its own to maintain, a conscience to assert and moral principles to be vindicated. Penal justice rests primarily on the moral rightfulness of the punishment imposed. (p. 232, Fundamentals of
Criminal Law, Gregorio, 2008) MEASURES OF PREVENTION OR SAFETY WHICH ARE NOT CONSIDERED AS PENALTIES Art. 24 Q: What are the measures of prevention that are not considered as penalty? A:
1. The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or illness requiring their confinement in a hospital.
2. The commitment of a minor to any of the institutions mentioned in Article 80 (now P.D. 603) and for the purposes specified therein.
3. Suspension from the employment or public office during the trial or in order to institute proceedings.
4. Fines and other corrective measures which, in the exercise of their administrative or disciplinary powers, superior officials may impose upon their subordinates.
5. Deprivation of rights and the reparations which the civil law may establish in penal form.
Note: The aforementioned measures are not penalties
because they are not imposed as a result of judicial proceedings.
PURPOSES
Q: What are the purposes for the imposition of penalty under the RPC?
A:
1. Retribution or expiation – penalty is commensurate with the gravity of the offense. 2. Correction or reformation – as shown by the
rules which regulate the execution of the penalties consisting in deprivation of liberty. 3. Social defense – shown by its inflexible severity
to recidivists and habitual delinquents.
Q: What is the Constitutional restriction on penalties?
A: The Constitution prohibits the imposition of excessive fines, nor cruel and unusual punishment. (Art. III, Sec. 19 (1) 1987 Phil. Constitution) CLASSIFICATION OF PENALTIES Art. 25
Q: What are the general classifications of penalties?
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U N I V E R S I T Y O F S A N T O T O M A S
F a c u l t a d d e D e r e c h o C i v i l
THE ACADEMICS COMMITTEECHAIRPERSON: KAREN FELIZ SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS
1. Principal penalties – those expressly imposed by the court in the judgment of conviction.
2. Accessory penalties – those that are
deemed included in the imposition of the
principal penalties.
Q: What are the principal penalties according to their divisibility?
A:
DIVISIBLE INDIVISIBLE
Those that have fixed duration and are divisible into three periods.
Those which have no fixed duration. e.g.
death, reclusion perpetua, perpetual absolute or special disqualification, public censure.
Q: What are the penalties according to subject- matter?
A:
1. Corporal (death)
2. Deprivation of freedom (reclusion, prision,
arresto)
3. Restriction of freedom (destierro)
4. Deprivation of rights (disqualification and
suspension)
5. Pecuniary (fine)
Q: What are the penalties according to their gravity? A: 1. Capital - death 2. Afflictive – reclusion perpetua to prision mayor 3. Correctional – prision correccional to destierro 4. Light – arresto menor
Note: This classification corresponds to the
classification of the felonies in Art. 9, grave, less grave and light.
Q: What are the penalties that can either be principal or accessory? A: Perpetual or temporary absolute disqualification, perpetual or temporary special disqualification, and suspension may be principal or accessory penalties. Illustration: Art. 236 punishing the crime of anticipation of duties of a public office, provides for
suspension as a principal penalty.
Articles 226, 227 and 228, punishing infidelity of public officers in the custody of documents, provide for temporary special disqualification as a principal penalty. FINE Art. 26 Q: How are fines imposed?
A: Fines are imposed either as single or as an alternative penalty.
Q: When is a fine considered as afflictive, correctional or light penalty? A: FINE Afflictive over P6,000.00 Correctional P200.00 to P6,000.00 Light less than P200.00
Q: How do we reconcile the definition of light felony under Article 9 and the classification of fine under Article 26? A: Note: If the fine prescribed by the law for a felony is
exactly P200, it is a light felony because Art. 9 (3), which defines light felony should prevail. Q: In imposing the amount of fine, what shall the court consider? A: The court must consider-
a. The mitigating and aggravating circumstances; and
Note: Modifying circumstances are only of
secondary importance. There is subsidiary imprisonment if the penalty of fine is not paid (Regalado, 2007)
b. More particularly, the wealth or means of the culprit.
Note: This is the main consideration in the
imposition of fines. Q: Can a penalty be imposed in the alternative? ART. 9 (3) ART. 26 A felony punishable by
arresto menor or a fine
not exceeding P200 is a
light felony.
If the amount of fine imposed is less than P200, it is a light
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ACRIMINALDVISER: JUDGE LAW RICO TEAM SEBASTIAN D. LIWANAG; SUBJECT HEAD: ALJON D. DE GUZMANASST. SUBJECT HEADS: JEFFREY D. ARZAGA, JEREMAE R. NADONGA; MEMBERS: EILYN E. MEDINA, VINCENT TITO B. ABUCEJO, PAULINE BREISSEE GAYLE D.
ALCARAZ, CONSTANZA B. BRILLANTES, ARWIN V. CABANTING, GIRLIE VENUS E. DE LEON, MARIA JAMYKA S. FAMA, ANNIEBEL D. GUYO, LAWRENCE P.
HOLANDAY, ANDRES JOSE, JR., BIENVENIDO L. MABULAC II, LARIA CARISA C. OLIVIA, IRISH ROSSANE M. PULLANTE, MARICHIE B. ALARAS
A: No. The law does not permit any court to impose a sentence in the alternative, its duty being to indicate the penalty imposed definitely and positively. (People vs. Mercadejas, C.A., 54 O.G.
5707; People vs. Tabije, C.A., 59 O.G. 1922)
Q: E and M are convicted of a penal law that imposes a penalty of fine or imprisonment or both fine and imprisonment. The judge sentenced them to pay the fine, jointly and severally, with subsidiary imprisonment in case of insolvency. (2005 Bar Question)
1. Is the penalty proper? Explain.
2. May the judge impose an alternative penalty of fine or imprisonment? Explain.
A:
1. Imposing the penalty of fine jointly and severally on the two convicted accused is not proper. The penalty should be imposed individually on every person accused of the crime. Any of the convicted accused who is insolvent and unable to pay the fine, shall serve the subsidiary imprisonment.
2. The judge may not validly impose an alternative penalty. Although the law may prescribe an alternative penalty for a crime, It does not mean that the court may impose the alternative penalties at the same time. The sentence must be definite, otherwise, the judgment cannot attain finality DURATION AND EFFECT OF PENALTIES Section One – Duration of Penalties Art. 27 Q: What is the duration of each of different penalties? A: PENALTY DURATION Reclusion perpetua 20 yrs. and 1 day to 40 yrs. Reclusion temporal 12 yrs. and 1 day to 20 yrs. Prision mayor and temporary disqualification 6 yrs. and 1 day to 12 yrs., except when disqualification is accessory penalty, in which case its duration is that of the principal penalty. Prision correccional, suspension, and destierro 6 mos. and 1 day to 6 yrs., except when suspension is an accessory penalty, in which case its duration is that of the principal penalty. Arresto mayor 1 mo. and 1 day to 6 mos. Arresto menor 1 day to 30 days Bond to keep the peace The period during which the bond shall be effective is discretionary on the court Q: When is death penalty imposed? A: Death penalty is imposed in the following crimes: 1. Treason 2. Piracy 3. Qualified Piracy 4. Qualified Bribery 5. Parricide 6. Murder 7. Infanticide 8. Kidnapping 9. Robbery with Homicide 10. Destructive Arson 11. Rape with Homicide 12. Plunder 13. Certain violations of the Dangerous Drugs Act 14. Carnapping Q: What are the distinctions between the penalty of reclusion perpetua and life imprisonment? A: RECLUSION PERPETUA LIFE IMPRISONMENT Pertains to the penalty
imposed for violation of the RPC
Pertains to the penalty imposed for violation of special laws
It has fixed duration It has no fixed duration It carries with it
accessory penalties It does not carry with it accessory penalty
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U N I V E R S I T Y O F S A N T O T O M A S
F a c u l t a d d e D e r e c h o C i v i l
THE ACADEMICS COMMITTEECHAIRPERSON: KAREN FELIZ SUPNAD
VICE CHAIRPERSON FOR ACADEMICS: MARIA IRENE SANTOS
Note: Although reclusion perpetua has been given a
fixed duration, it has remained to be an indivisible penalty. Indivisible penalties have no durations. Q: What is the nature of destierro? A: Destierro is a principal penalty. It is a punishment whereby a convict is banished to a certain place and is prohibited from entering or coming near that place designated in the sentence, not less than 25 kilometers but not to extend beyond 250 kilometers Note: If the convict should enter the prohibited places, he commits the crime of evasion of service of sentence under Article 157. Q: In what cases can destierro be imposed? A: It can be imposed on the following:
1. Serious physical injuries or death under exceptional circumstances. (Art. 247) 2. In the crime of grave threat or light
threat, when the offender is required to put up a bond for good behavior but failed or refused to do so (Art. 284) 3. As a penalty for the concubine in
concubinage. (Art. 334)
4. In cases where after reducing the penalty by one or more degrees destierro is the proper penalty.
COMPUTATION OF PENALTIES