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Art 71

Art 71

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Published by: Jan Shaltiel Vincent Estrada on Oct 25, 2010
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Art 71.

Grad of Penalties RA 9346 has been eliminated from the list of imposable penalty under Art 71 This affects not only the consummated stage and the principals but also for the frustrated and attempted stage as well with respected to the accomplice and accessory. Art 72 74 Art 72. Satisfaction of civil liability is based on the chronological order that they are imposed. Art 73. Accessory penalties are deemed imposed. Subsidiary imprisonment is not an accessory penalty. It should be stated in the decision. Art 74. Death shall not be imposed through the process of graduation. Art 75. Increasing or decreasing fine by one or more degrees Fines are increased or decreased by one-fourth (1/4) of the maximum. There must be a minimum and maximum. Art. 76 The intention of the law is to give the 3 perods of a penalty equal or uniform duration due to the ff: Equal and uniform durations Does not require that they be used even when the periods of a prescribed penalty correspond to different divisible penalties Will result in the periods not beoing of equal and uniform duration. Art 65 requires that a divisible penalty be divided into three equal portions. Making an exception out of a penalty composed of period corresponding

Atrt 77. Complex Penalty Complex Penalty is a penalty composed of three distinct penalties, i.e, Reclusion temporal to death. y y y Lightest- Minimum Next- Medium Most severe- Maximum Indeterminate Sentence Law A penalty with a maximum and a minimum instead of a straight penalty.

Escaped from confinement or evaded sentence. conspiracy or proposal to commit treason. 1933) Destierro or suspension RPC and Special Laws Special Laws Minimum not be less than the minimum prescribed by law Maximum not exceed he maximum fixed by law RPC Steps Privilege mitigating (applied first to determine minimum) Ascertain the penalty prescribed for the offense w/o considering the attendant circ Use the said penalty as the basis for determining the min. This is the min of the indeterminate Ppvs Gonzalez People vs Bon Privelege when no aggaravating in the first place.Authorizes the release of a convict after having served the minimum of his sentence. Imprisonment. sedition. of treason. Habitual delinquents. Convicted of misprision of treason. w/c is the penalty next lower in degree. death or life imprisonment Convicted. y y y y y y y y y y ISL does not apply Convicted. maximum does not exceed 1 year Those already sentenced by final judgment at the time of the approval of the law( dec 5. or espionage. Convicted of piracy. Probation Sable vs People Apr 7 2009 . Violated the terms of the conditional pardon. rebellion.

in this regard the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed . Convicted of subversion. shall not exceed 2 years If sentenced to more than 1 year probation shall not exceed 6 years Completion of the period of probation and discharge of the probationer shall operate to restore him to all civil rights Art 89 Total Extinction of Criminal Liability Death Personal penalties extinguished whether death occurs before or after conviction. As opined by Justice Regalado. crimes against national security of public order Prev convicted by final judgment by Imprisonment of not less than one month and/or Fine less than 200 Have once been in probation Those already sentenced before the law Periods y y If term is not more than 1 year probation.No application for probation shall be entitled or granted if the defendant has perfected the appeal from the judgment of conviction. Pecuniary penalties extinguished only if death occurs before judgment People vsBayotas Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the civil liability based solely thereon. Disqualified from probation Sentenced to a max term of imprisonment of more than 6 years.

amnesty does not extinguish civil liability. the penalty and the effect thereof. as well as before. Pardon merely exempts the convict from the punishment the law inflicts for a crime committed. However. shows that he had no bona fide intention of making her his wife. Rules n special laws Period of begins from the date of commission or date of discovery up to the institution of judicial proceedings. Art 90.Service of Sentence y Does not extinguish civil liability Amnesty and Pardon Amnesty completely extinguishes the offense. the ceremony cannot be considered binding on her because of duress. Amnesty Group class before or after conviction looks backward affects recidivism civil liability remains public act of pres (usually a law) Pardon individual aftrer conviction looks forward recidivism stays civil liability remains private act of the president Prescription of the crime/ penalty The states loses the right to prosecute an offender due to the lapse of time The state loses the right to execute Marriage of the offender woman must be in good faith The manner in which the appellant dealt with the girl after the marriage.. Prescription of crimes. The marriage was therefore void for lack of essential consent. y .

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