PENALTIES = THERE IS CRIMINAL LIABILITY 1. STAGES OF FELONY (ART. 3) a. Consummated b. Frustrated c.

Attempted IMPORTANT: FOR PRESCRIPTION AND JURISDICTION (ARTS 9 AND 25) 2. GRAVITY (ART. 9) 3. SCALE OF PENALTIES (ART. 25) CAPITAL PUNISHMENT [DEATH] AFFLICTIVE PENALTIES Reclusion Perpetua Reclusion Temporal (PAD/TAD) (PSD/TSD) Prision Mayor CORRECTIONAL PENALTIES Prision Correccional Arresto Mayor Suspension Destierro LIGHT PENALTIES Arresto Menor Public Censure 4. MODIFYING CIRMCUMSTANCES 1. JUSTIFYING CIRCUMSTANCES (JC) 2. EXEMPTING CIRCUMSTANCES 3. MITIGATING CIRCUMSTANCES a. Ordinary/Generic (Art 13, 2-10) b. Privilege Mitigating circumstances minority (Art. 68) incomplete justifying/exempting
(Art. 13, 1; Art 69)

a. Grave Felony

b. Less Grave Felony

c. Light Felony

3. PARTICIPATION (ARTS 16 TO 20) a. Principals b. Accomplices c. Accessories

5.

(Art. 64) AGGRAVATING CIRCUMSTANCES a. Generic/ordinary (may be off-set) increases the penalty to maximum b. Specific (may be off-set) c. Qualifying (change the nature of the crime) d. Inherent (no effect to crim. Liability) e. Special aggravating Quasi-recidivism complex crimes (art 48) Error in personae (art. 49) taking advantage of public pos. (Art. 62) habitual deliquency (Art. 62) Organized/syndicated crime ALTERNATIVE CIRCUMSTANCES

GRADUATION OF PENALTIES AS TO STAGES AND PARTICIPATION Article 46 Articles 50 - 57 STAGES FRUS. 1* 2 3

SUCCESSIVE SERVICE OF SENTENCE (ART. 70) = IMPRISONMENT (ISL APPLIES HERE) OUTLINE: PROVISIONS OF ART 70 1. CULPRIT = HAS TO SERVE TWO OR MORE PENALTIES SERVE SIMULTANEOUSLY, IF NATURE OF PENALTIES WILL SO PERMIT 2. OTHERWISE, THE ORDER OF SEVERITY SHAL BE FOLLOWED 3. ORDER OF SEVERITY 1. [DEATH] 2. Reclusion Perpetua 3. Reclusion Temporal 4. Prision Mayor 5. Prision Correccional 6. Arresto Mayor 7. Arresto Menor 8. Destierro 9. PAD 10. TAD 11. Suspension 12. Public censure *penalties simultaneously served 1. PAD 2. PSD 3. TAD 4. TSD 5. Suspension 6. Destierro 7. Public censure 8. fine & bond to keep peace 9. civil interdiction 10. confiscation & payment of costs *all the above (except destierro = served simultaneously with imprisonment

PRINCIPAL ACCOMPLICE ACCESSORY

CONS. (Art 46) 0 1 2

ATTEMPT 2 3 4

the crime)

GRADUATION OF SCALES OF PENALTIES (ART 71) A. SCALE NO. 1 B. SCALE NO. 2 [DEATH] 1. Reclusion Perpetua 1. PAD 2. Reclusion Temporal 2. TAD 3. Prision Mayor 3. SUSPENSION 4. Prision Correccional 4. Public Censure 5. Arresto Mayor 5. Fine 6. Destierro 7. Arresto Menor 8. Public Censure 9. Fine

PARTICIPATION

*NUMBER OF DEGREES LOWER FROM ZERO

EXAMPLES OF APPLICATION OF INDETERMINATE SENTENCE LAW A. UNDER SPECIAL LAW RULE: MAXIMUM TERM

= NOT TO EXCEED THE MAXIMUM OF THE PENALTY AS PRESCRIBED THE SAID SPECIAL LAW = SHALL NOT BE LESS THAN THE MINIMUM PRESCRIBED BY THE SAID SPECIAL LAW

MINIMUM TERM

ILLUSTRATION: A= CONVICTED OF ILLEGAL POSSESSION OF FIREARM PENALTY 1 YEAR MINIMUM UNDER 1 DAY THE TO SPECIAL LAW 5 YEARS MAXIMUM IMPOSABLE INDETERMINATE SENTENCE EITHER ANY OF THE FOLLOWING: MIN. TERM A. 1 YEAR AND 1 DAY B. 1 YEAR AND 1 DAY C. 1 YEAR AND 1 DAY D. 1 YEAR AND 1 DAY E. 2 YEAR AND 1 DAY F. 2 YEAR AND 1 DAY G. 2 YEAR AND 1 DAY H. 3 YEAR AND 1 DAY I. 3 YEAR AND 1 DAY **MIN. TERM IS NOT LESS THAN 1 YEAR AND 1 DAY

MAX. TERM TO 5 YEARS TO 4 YEARS TO 3 YEARS TO 2 YEARS TO 5 YEARS TO 4 YEARS TO 3 YEARS TO 5 YEARS TO 4 YEARS ** MAX. TERM DOES NOT EXCEED 5 YEARS

RULE:

2. DETERMINATION OF THE MINIMUM TERM UNDER ISL

RULES AND PROVISIONS OF RPC PARTICULARLY: ARTS: 50-57 NOT APPLICABLE IN FIXING THE 62 MINIMUM TERM OF THE 64 INDETERMINATE PENALTY 65 RULE: THE DURATION OF THE MINIMUM TERM IS WITHIN THE RANGE OF THE PENALTY NEXT LOWER TO THAT PRESCRIBED BY THE CODE FOR THE OFFENSE WITHOUT REGARD TO ITS THREE PERIODS COURT HAS THE DISCRETION TO FIX THE MINIMUM TERM OF TERM OF IMPRISONMENT SO LONG AS IT IS WITHIN THE PERIODS OF THE PENALTY NEXT LOWER TO THAT PRESCRIBED BY THE CODE FOR THE OFFENSE

PRESENCE OF MODIFYING CIRCUMSTANCES WHEN TO CONSIDER IN ISL RULE: MAXIMUM TERM: AC MC

IN VIEW OF THE ATTENDING CIRCUMSTANCES COULD BE PROPERLY IMPOSED UNDER RPC CONSIDERED ONLY IN THE IMPOSITION OF THE MAXIMUM TERM OF THE INDETERMINATE SENTENCE WITHIN THE RANGE OF THE PENALTY NEXT LOWER TO THAT PRESCRIBED FOR THE OFFENSE WITHOUT FIRST CONSIDERING ANY MODIFYING CIRCUMSTANCE ATTENDING TO THE COMMISSION OF THE CRIME ALSO WITHOUT REFERENCE TO THE PERIODS OF PENALTY NEXT LOWER TO THAT PRESCRIBED SO LONG AS IT IS WITHIN THE PERIODS OF THE PENALTY NEXT LOWER TO THAT PRESCRIBED BY THE CODE FOR THE OFFENSE

MINIMUM TERM:

AC MC

PEOPLE VS. BON CASE HOW THE PENALTIES WERE IMPOSED IN VIEW OF R.A. 9346 (PROHIBITION TO IMPOSE DEATH PENALTY) CRIMES COMMITTED: FROM 1998 TO 2000 SIX COUNTS OF RAPE 2 COUNTS OF ATTEMPTED RAPE 2 AGGRAVATING CIRCUMSTANCES: a. Victims are minor b. relationship (offender uncle of the victims)

PENALTY IMPOSED: IN RTC: 8 COUNTS OF RAPE = IN CA: 6 COUNTS OF RAPE= 2 COUNTS OF ATTEMPTED RAPE NO MC MED. PERIOD NO AC OF RT

8 DEATH SENTENCES 6 DEATH SENTENCES MIN TERM (ref. to b.) 10Y MAX. OF MED. PERIOD OF PM REC. TEMPORAL MAX 17Y 4M 1D MED 14Y 8M 1D MIN 12Y 1D MAX. TERM (Ref. to a.) 17Y 4M MEDIUM PERIOD OF RT

2O LOWER FROM DEATH Applying ISL here a. MAXIMUM TERM (ART 64)

TO TO TO

2O Y 17Y 4M 14Y 8M IMPOSED BY C.A. PRIOR ENACTMENT OF RA 9346

b. MINIMUM TERM (APPLY ISL) WITHIN THE RANGE OF THE PENALTY NEXT LOWER (DISCRETION OF THE COURT) IN SC:

PRISION MAYOR MAX 10Y 1D MED 8Y 1D MIN 6Y 1D

TO TO TO

12Y 10Y 8Y

6 COUNTS OF RAPE= 6 DEATH SENTENCES AFFIRMED 2 COUNTS OF MODIFIED ATTEMPTED RAPE MIN TERM (ref. to b.) MAX. TERM (Ref. to a.) NO MC MED. PERIOD 2Y 4M 1D MIN. OF MEDIUM 8Y 1D MIN. OF MEDIUM PERIOD OF PM NO AC OF PM PERIOD OF PC 2O LOWER FROM RP Applying ISL here a. MAXIMUM TERM (ART 64) PRISION MAYOR MAX 10Y 1D MED 8Y 1D MIN 6Y 1D

TO TO TO

12Y 10Y 8Y IMPOSED BY SC BY VIRTUE OF RA 9346

b. MINIMUM TERM (APPLY ISL) WITHIN THE RANGE OF THE PENALTY NEXT LOWER (DISCRETION OF THE COURT)

PRISION CORRECCIONAL MAX 4Y 2M 1S MED 2Y 4M 1D MIN 6M 1D

TO TO TO

6Y 4Y 2M 2Y 4M

PEOPLE VS. ESPINA ESPINA: CHARGED WITH THE CRIME OF THEFT VALUE: 585.15 MIT. CIRCUMSTANCE: PLEADED GUILTY SPC. AGGREVATING: HABITUAL DELINQUENT (ADDITIONAL PENALTY: Art. 62, 5(a)-prision correccional in its medium and maximum periods, that is: 2YEARS 4MONTHS 1 DAY) PENALTY SHOULD BE: ART. 309(3) OF RPC VALUE OF PROPERTY IS: MORE THAN 200 BUT LESS THAN 6000, HENCE IT SHOULD BE: PRISION CORRECCIONAL IN ITS MIN. & MED. PERIODS MITIGATING CIRCUMSTANCE: AGGRAVATING CIRCUMSTANCE: PLEADED GUILTY RECIDIVIST OFF-SET

ACCORDING TO SC:

PRINCIPAL PENALTY IMPOSED:

(MIN. OF MEDIUM OF PRISION CORRECCIONAL) COMPUTED AS FOLLOWS: ENTIRE DURATION OF PC IN ITS MIN. AND MED PERIOD: MIN. OF MIN. OF PC 6 MOS AND MAX. OF MED. OF PC 4 YEARS AND DIFFERENCE 3 YEARS AND QUOTIENT: ADD: MIN. OF MIN. PERIOD OF PC RESULT: THE MAX OF MIN. PERIOD OF PC MIN. OF MEDIUM PERIOD OF PC 1 YEAR 2 MOS 6 MOS 1 YEAR 1 YEAR 8 MOS 8 MOS. 20 DAYS 21 DAYS 1 YEAR 8 MOS. 21 DAYS

1 DAY 2 MOS. 8 MOS 20 DAYS

DIVIDE BY 3

ADD

ADDITIONAL PENALTY FOR BEING

HABITUAL DELINQUENT: PROVIDED IN RPC ART. 62, NO. 5(a) PRISION CORRECCIONAL IN ITS MED. AND MAX. PERIOD (MIN. OF MEDIUM PERIOD OF PC)

TOTAL

2 YEARS 4 MOS. 1 DAY 3 YEARS 12 MOS 22 DAYS 1 YEAR 4 YEARS 22 DAYS

ISSUE:

WHETHER OR NOT RECIDIVISM AS AGGRAVATING CIRCUMSTANCE, INHERENT OF HABITUAL DELIQUENCY, SHOULD STILL BE TAKEN INTO CONSIDERATION IN IMPOSING THE PRINCIPAL PENALTY. YES

SC HELD:

ILLUSTRATIONS GIVEN IN THIS CASE:

# 1 ILLUSTRATION:
FACTS: A, ACCUSED: CONVICTED TWICE FOR THEFT SERVED SENTENCE WITHIN 10 YEARS AFTER SUCH SERVICE COMMITTED THE CRIME OF ROBBERY WITH PHYSICAL INJURIES RECLUSION TEMPORAL IN ITS MEDIUM PERIOD TO RECLUSION PERPETUA PRISION CORRECCIONAL IN ITS MED. AND MAX. PERIOD

IMPOSABLE PENALTY: PRINCIPAL PENALTY HABITUAL DELIQUENT: ADD'L PENALTY:

ASSUME: a.) WITHOUT CONSIDERING THE AGGRAVATING CIRCUMSTANCE OF RECIDIVISM PRINCIPAL PENALTY: (MIN. OF THE MAX. PERIOD OF RT) ADD'L PENALTY: (MIN. OF MEDIUM PERIOD OF PC) TOTAL IMPOSABLE PENALTY b.) NO ADDITIONAL PENALTY FOR HABITUAL DELIQUENCY BUT TAKE INTO CONSIDERATION RECIDIVISM AS AGGRAVATING CIRCUMSTANCE UNDER ART. 64(3) 1 AGGRAVATING PENALTY IN ITS MAXIMUM PERIODS SINCE THE CRIME IS ROBBERY WITH PHYSICAL INJURIES IS PUNISHABLE BY: RECLUSION TEMPORAL IN ITS MEDIUM PERIOD TO RECLUSION PERPETUA

17 YEARS 2 YEARS 19 YEARS

4 MOS 4 MOS. 8 MOS

1 DAY 1 DAY 2 DAYS

MAXIMUM PENALTY IS: RECLUSION PERPETUA

c.) THERE IS ONE MITIGATING CIRCUMSTANCE AGGRAVATING CIRCUMSTANCE OF RECIDIVISM IS NOT TO BE CONSIDERED FOR IMPOSING ADDITIONAL PENALTY FOR HABITUAL DELIQUENCY UNDER ART. 64(2) 1 MITIGATING PENALTY IN ITS MINIMUM PERIOD SINCE THE CRIME IS ROBBERY WITH PHYSICAL INJURIES IS PUNISHABLE BY: RECLUSION TEMPORAL IN ITS MEDIUM PERIOD TO RECLUSION PERPETUA ADD: ADDITIONAL PENALTY FOR HABITUAL DELINQUENCY (MIN. OF MEDIUM PERIOD OF PC)

PENALTY IS: MIN. OF MED PERIOD OF RT 14 YEARS 8 MOS. 1 DAY 2 YEARS 16 YEARS 1 YEAR 17 YEARS 4 MOS. 12 MOS 1 DAY 2 DAYS 2 DAYS COMPARE

TOTAL IMPOSABLE PENALTY IF ADDITIONAL PENALTY IS NOT IMPOSED AND THE AGGRAVATING CIRCUMSTANCE OF RECIDIVISM IS TAKEN INTO ACCOUNT, THE MITIGATING WILL BE OFF-SET BY THE LATTER RESULT: THE SAME AS LETTER (a) FOR THE PRINCIPAL PENALTY PRINCIPAL PENALTY: (MIN. OF THE MAX. PERIOD OF RT) THE PENALTY IS FOUR MONTHS MORE SEVERE d.) THERE ARE 2 MITIGATING CIRCUMSTANCE 1 MITIGATING WILL BE THERE IS 1 AGGRAVATING CIRCUMSTANCE RECIDIVISM OFF-SET BY AGGRAVATING SO, THERE REMAINS ONLY 1 MITIGATING UNDER ART. 64(2) 1 MITIGATING PENALTY IN ITS MINIMUM PERIOD SINCE THE CRIME IS ROBBERY WITH PHYSICAL INJURIES IS PUNISHABLE BY: RECLUSION TEMPORAL IN ITS MEDIUM PERIOD TO RECLUSION PERPETUA

17 YEARS

4 MOS

1 DAY

PENALTY IS: MIN. OF MED PERIOD OF RT 14 YEARS 8 MOS. 1 DAY

IF THE AGGRAVATING CIRCUMSTANCE OF RECIDIVISM UNDER THIS EXAMPLE NOT CONSIDERED THE 2 MITIGATING CIRCUMSTANCES WILL BE APPRECIATED: UNDER ART 64(5) 2 MITIGATING CIRCUMSTANCE NO AGGRAVATING PENALTY: NEXT LOWER THAN THAT PRESCRIBED BY LAW SINCE THE CRIME IS ROBBERY WITH PHYSICAL INJURIES IS PUNISHABLE BY: RECLUSION TEMPORAL IN ITS MEDIUM PERIOD TO RECLUSION PERPETUA THE PENALTY NEXT LOWER IN DEGREE THAN RECLUSION TEMPORAL IS PRISION MAYOR IN ITS MEDIUM PERIOD MAX MED MIN MAX MED MIN NEXT LOWER IN DEGREE IMPOSED IN ANY OF ITS PERIODS WHICH MAY BE THE MINIMUN PRIN. PENALTY 8 YEARS 1 DAY

RT

PM

ADDITIONAL PENALTY FOR HABITUAL DELIQUENCY TOTAL IMPOSABLE PENALTY

ADD'L PENALTY

2 YEARS 10 YEARS

4 MOS. 4 MOS

1 DAY 1 DAY

ISSUE:

WHETHER OR NOT RECIDIVISM AS AGGRAVATING CIRCUMSTANCE, INHERENT OF HABITUAL DELIQUENCY, SHOULD STILL BE TAKEN INTO CONSIDERATION IN IMPOSING THE PRINCIPAL PENALTY. YES

SC HELD:

ASSUME: a.) WITHOUT CONSIDERING THE AGGRAVATING CIRCUMSTANCE OF RECIDIVISM PRINCIPAL PENALTY: PRISION CORRECCIONAL IN ITS MIN. & MED. PERIODS (REF. TO COMP. ABOVE) PRISION CORRECCIONAL IN ITS MED. AND MAX. PERIOD ADD'L PENALTY: (MIN. OF MEDIUM PERIOD OF PC)

1 YEAR

8 MOS.

21 DAYS

TOTAL IMPOSABLE PENALTY b.) NO ADDITIONAL PENALTY FOR HABITUAL DELIQUENCY BUT TAKE INTO CONSIDERATION RECIDIVISM AS AGGRAVATING CIRCUMSTANCE UNDER ART. 64(3) 1 AGGRAVATING PENALTY IN ITS MAXIMUM PERIODS SINCE THE PENALTY FOR THEFT IN THIS CASE IS PRISION CORRECCIONAL IN ITS MIN. & MED. PERIODS THE MAXIMUM PENALTY IS THE MAXIMUM OF MEDIUM PERIOD OF PC. c.) THERE IS ONE MITIGATING CIRCUMSTANCE AGGRAVATING CIRCUMSTANCE OF RECIDIVISM IS NOT TO BE CONSIDERED FOR IMPOSING ADDITIONAL PENALTY FOR HABITUAL DELIQUENCY UNDER ART. 64(2) 1 MITIGATING PENALTY IN ITS MINIMUM PERIOD SINCE THE PENALTY FOR THEFT IN THIS CASE IS PRISION CORRECCIONAL IN ITS MIN. & MED. PERIODS THE MINIMUM PENALTY IS THE MINIMUM PERIOD OF PC. RESULT: PRINCIPAL PENALTY IS : THE MINIMUM PENALTY IS THE MINIMUM PERIOD OF PC. ADD'L PENALTY (MIN. OF MEDIUM PERIOD OF PC) TOTAL IMPOSABLE PENALTY

2 YEARS 4 MOS. 1 DAY 3 YEARS 12 MOS 22 DAYS 1 YEAR 4 YEARS 22 DAYS

4 YEARS

2 MOS.

2 YEARS 2 YEARS

6 MOS. 4 MOS. 10 MOS.

1 DAY 1 DAY 2 DAYS

MORE SEVERE

IF ADDITIONAL PENALTY IS NOT IMPOSED AND THE AGGRAVATING CIRCUMSTANCE OF RECIDIVISM IS TAKEN INTO ACCOUNT, THE MITIGATING WILL BE OFF-SET BY THE LATTER RESULT: PRINCIPAL PENALTY: PRISION CORRECCIONAL IN ITS MIN. & MED. PERIODS (REF. TO COMP. ABOVE) 1 YEAR

COMPARE

8 MOS.

21 DAYS

d.) THERE ARE 2 MITIGATING CIRCUMSTANCE 1 MITIGATING WILL BE THERE IS 1 AGGRAVATING CIRCUMSTANCE RECIDIVISM OFF-SET BY AGGRAVATING SO, THERE REMAINS ONLY 1 MITIGATING UNDER ART. 64(2) 1 MITIGATING PENALTY IN ITS MINIMUM PERIOD SINCE THE PENALTY FOR THEFT IN THIS CASE IS PRISION CORRECCIONAL IN ITS MIN. & MED. PERIODS THE MINIMUM PENALTY IS THE MINIMUM PERIOD OF PC. PRINCIPAL PENALTY IS : THE MINIMUM PENALTY IS THE MINIMUM PERIOD OF PC. IF THE AGGRAVATING CIRCUMSTANCE OF RECIDIVISM UNDER THIS EXAMPLE NOT CONSIDERED THE 2 MITIGATING CIRCUMSTANCES WILL BE APPRECIATED: UNDER ART 64(5) 2 MITIGATING CIRCUMSTANCE NO AGGRAVATING PENALTY: NEXT LOWER THAN THAT PRESCRIBED BY LAW SINCE THE PENALTY FOR THEFT IN THIS CASE IS PRISION CORRECCIONAL IN ITS MIN. & MED. PERIODS THE PENALTY NEXT LOWER IN DEGREE IS ARRESTO MAYOR IN ITS MED. AND MAXIMUM PERIODS

6 MOS.

1 DAY

PC

MAX MED MIN MAX MED MIN

NEXT LOWER IN DEGREE IMPOSED IN ANY OF ITS PERIODS WHICH MAY BE THE MINIMUM

PRINCIPAL PENALTY

2 MOS

1 DAY

A. MAYOR

ADDITIONAL PENALTY FOR HABITUAL DELINQUENCY TOTAL IMPOSABLE PENALTY

ADD'L PENALTY

2 YEARS 2 YEARS

4 MOS. 6 MOS.

1 DAY 2 DAYS

MORE SEVERE