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DISCLAIMER: DLSU College of Law’s LCBO Academics Committee does not take credit for
the online lecture conducted by Atty. John and hosted by the Philippine Association of Law
School’s (PALS) Facebook page on April 17, 2020. This written transcript was made in order to
aid law students in their review and for those students who may have had difficulty in watching
the said online lecture. The contents of this transcript are based solely on the said online
lecture.
EDITOR’S NOTE: As mentioned earlier, the contents of this transcript are based solely on the
said online lecture. In line with that, there are some instances where the lecturer would mix or
confuse words, names, or even concepts. The editor has taken the liberty of identifying these
instances. Throughout this transcript, the suggested corrections are placed in a parenthesis
[ (insert correction here) ] immediately following the mentioned instances. Notes explaining the
sudden change in the flow of the discussion shall also be placed in a similar manner.
- TRANSCRIPT BEGINS -
Usually if the question is situational, okay lang if its X and Y. Basic, sana nakikita niyo.
X and Y. X is the accused, Y is the victim. So, what crime did X commit against Y? Very
basic lang yan. Okay?
Dapat... kung gugustuhin natin, mas medyo complicated. Ang tanong: X, Y, Z, as against
A. Okay? X would be a minor, Y, of age, Z would be the son of A. This is the father. So
they killed...murdered, the father. So, intent to kill... there's a qualifying circumstance of
treachery. Notice that even if they all committed the crime, yet... you have to consider
the personal circumstances of these persons. Minor, assuming he is 14 years of age, is
he criminally liable? Not quite, because according to our Juvenile and Justice Welfare
Act, if the age of the minor is 15 years old or younger, it is exempting. There is no
criminal liability. Then Y is of age. Since there is a qualifying circumstance of treachery,
his crime would be murder.
What about Z? The son of F (should be A)? It's not murder. What is the crime? It's
parricide. Right? So you can glean from here, the consequences are different because
of their circumstances, as well as their relation with the offended party.
So, let's complicate this more. X, Y, Z, okay? These are the offenders. And you have A,
B, and C, the victim. Sana nakikita niyo. A, (pahirapan natin), A would be a person in
authority, okay? B would be a minor, and C would be of age. X, Y, and Z. X and Y killed
A, Z killed B and C. Labo labo na sila. Diba? So, A would be a person in authority, so it
could result not only in a simple crime, but it could lead to a complex crime. If it's
murder, it could be a complex crime of murder with direct assault. Kung minor, it could
be related to the Anti-Child Abuse Law. So ganun, this is what we would be discussing
later on.
So common types of questions in Criminal Law.
o #1 is, "What is the crime committed by A?" Or, "What are the crimes
committed?" Or, "For what crime is X liable for?" Pare-pareho 'yan.
o The second type of question would be, "What is the participation of A, B and C?"
So that will call for what? The participation whether he is a principal,
accomplices, or accessories. Okay?
o #3, "What is the criminal liability of X?" It does not call for what crime is
committed. Nakalagay lang, in general, "Is X criminally liable?" It would
probably fall under Article 4 of the Revised Penal Code. Then lastly is, "The
presence of... considering the presence of the modifying circumstances or the
attending... mitigating or aggravating circumstances. What would be the
penalty imposed?" Or, "Applying the Indeterminate Sentence Law, or ISLaw,
what is the penalty to be imposed?" So 'yon.
Let's go to the first type of question. What crime is committed, or what are the crimes
committed, or for what crime is X liable for? The possible sources of answers then...
CHECK ON THE FOLLOWING RULES OR PRINCIPLES:
o You check on the elements of the crime. Walang problema 'yan kung simple
lang 'yan, kung special penal law, or crimes punished under the Revised Penal
Code. Or if it's punished under the Revised Penal Code, whether it's dolo or culpa.
o Also, next, tignan nyo yung distinctions and similarities of crimes punishable
under the Revised Penal Code: robbery, theft, estafa, murder, homicide...
magka-kamag anak sila, similar but not identical.
o Then check also if it's a complex crime. You know what a complex crime is?
Compound complex crime and complex crime proper. We will discuss that
lengthily later on.
o Also, you've got to remember the distinction between crimes punished under
the RPC and the special penal laws.
o Or probably, pag tinanong kayo, is there a crime committed? No crime is
committed. Why? You check on the justifying and exempting circumstances.
In these two instances, there is no criminal liability. Exempting, like minority or
insanity.
o Or perhaps, you consider also certain principles. Nullum crimen nulla poena
sine lege. There is no crime when there is no law punishing such act. Sumasagot
ka, 'yun pala walang crime committed because there is no law that punishes that
particular act.
o Or perhaps, we apply the theory of absorption. Sa rebellion... if common crimes
are committed in furtherance of rebellion, then it is absorbed in the crime of
rebellion.
o And check also Article 332. If the crime is theft, estafa, malicious mischief,
committed by particular relatives: spouse, ascendants, descendants, what? Also,
the brothers and sisters living together or brothers-in-law or sisters-in-law living
together, or widowed spouse also, 'yan, that could be an exempting circumstance.
No criminal liability.
o Check also the characteristics of criminal law: the generality principle, the
territoriality principle: there is a crime committed but the crime is outside the
jurisdiction of the Philippines. It's in another jurisdiction. Or, prospectivity.
o Also, you check on whether there's instigation - no criminal liability in
instigation.
o Also, check on the stages of the crime. Pag sinabing what crime is committed,
dalawang factor yan: the crime itself and the stage of the execution. Is it an
attempted homicide? Is it a frustrated homicide? Or consummated one? It should
be within your fingertips - the differences between these 3. So 'yun ang possible
sources of answers if that is asked.
Then, if you check on the situational, essay type of questions, the question would be,
"What is the participation of A? How about B? How about C?" That means to say, you
have to recall the persons criminally liable under Articles 17, 18, 19. Who are the
principals, accomplices, as well as the accessories?
Another common bar question in criminal law. Is X criminally liable? It does not ask for
what is the crime, but in general, is X criminally liable? It would fall under Article 4.
Why? Because Article 4 speaks about how criminal liability is incurred. So it could
result into what? Paragraph 1 or paragraph 2.
o Paragraph 1 speaks about proximate cause, which should also result in error in
personae, aberratio ictus and praeter intentionem. The second paragraph of
Article 4 speaks about impossible crime. Of course there are also other common
questions, eto lang apat yung common, yung pinaka-familiar.
How do you differentiate a complex crime from a special complex crime? Special
complex crime, two crimes are committed but punished under a single provision of the
RPC. Ang complex crime, the penalty is the most serious crime to be imposed in its
maximum period. The complex crime is not applicable to special penal laws. Not also
applicable to light felonies and not also applicable to conceal the crime.
Now let’s go to our distinction and similarity between an SPL and RPC. How do you
distinguish first special penal laws from that of the RPC? In RPC, mala in se. Evil in
nature. Therefore, good faith is a proper defense. In SPL, it’s mala prohibita. And
good faith is not preferred as a matter of defense.
o So if you’re going to ask, the question calls for a distinction between a particular
crime which is an SPL and another one which is RPC, then you go with the
general distinction. Mala in se, mala prohibita. Well, is this an absolute rule?
Mala in se in RPC? No. May case na although RPC yet it is mala prohibita.
Therefore, good faith is not a preferred defense. What is the exception?
Technical malversation or illegal use of public funds.
o What about in SPL, sabi natin mala prohibita? Is that an absolute rule? No, there
are cases where although it is punishable under the SPL, it is deemed as mala
in se. Like what? Plunder. The Supreme Court said that it is evil in its nature
so it’s mala in se although plunder is a special penal law. So therefore good
faith is not a proper defense.
o Another distinction: Stages of execution. Principals, accomplices, and
accessories. These are applicable to crimes punishable by RPC in order to
determine the proper imposable penalty. Sa special penal laws, no. Generally, the
offender is regarded as a principal. Unless the SPL uses these persons criminally
liable or stages of execution. So in stages of execution, consummated, frustrated,
and attempted, not applicable to SPL. Persons criminally liable, principals,
accomplices, accessories, not applicable to SPL. Unless, the SPL borrows the
same.
o Generally, in SPL, the crime is consummated and the offender is regarded as
a principal. Modifying circumstances. The presence of aggravating and
mitigating circumstances do offset one from the other. These are important in
crimes punished under the RPC to provide the proper imposable penalty. Kung sa
SPL, we do not regard the presence of aggravating or mitigating
circumstances. Kahit may voluntary surrender or plea of guilt, it will not be
appreciated kasi SPL.
o What else? Yung nomenclature of penalties under the RPC. Reclusion perpetua,
reclusion temporal, peculiar only to RPC. In SPL, the special penal laws provide
for a particular penalty. So in RPC there is reclusion perpetua, in SPL there is life
imprisonment.
o What happens if SPL uses the nomenclature of penalties of RPC? Maraming
cases na ang SPL uses the nomenclature of the RPC. What is the effect? With
regard to the application of the indeterminate sentence law. In ISLAW, we follow
the rules under the special penal law. There is also a peculiar rule under this RPC.
But if the SPL uses the nomenclature of penalties under the RPC, then the rules
under the ISLAW will apply under the RPC and not the SPL. So what do we do?
There is the rule of offsetting. So we will appreciate the presence of the
modifying circumstances, aggravating and mitigating, although it is an SPL.
Why? Because it uses the nomenclature of the penalties under the RPC.
What about the difference between BP 22 and estafa? One is an SPL, one is an RPC.
Mala in se, mala prohibita. Basic. In BP 22, he is given 5 banking days to pay in full the
obligation or to make an arrangement in full. In estafa, three days lang.
o Now the question. When a check is presented before the bank, and it was
dishonored, ipso facto BP 22 is committed? No. Kailangan bibigyan ng 5 banking
days within which to pay or to make an arrangement to pay. Notice of dishonor. If
the notice of dishonor is not personally received by the accused, then there is no
BP 22. He must be given the chance to pay the same. In BP22, there is a pre-
existing obligation. In estafa, there is simultaneous obligation. Simultaneous with
the parting of the goods which is part of the sale.
o What else? What is punished in BP 22 is the issuance of a worthless check. What
is punished in estafa? The same and damage. So implication. A person can be
both liable for BP 22 and estafa. Estafa is harder to prove. Because you have to
prove deceit and damage. What about corporation? Corporate officers who signed
is liable but he is entitled to receive the notice of dishonor personally. And not to
be given to a corporate secretary. According to the Supreme Court admin circular,
it did not decriminalize BP22. The court has the discretion to impose a fine as a
penalty instead of kaagad imprisonment. Remember that.
Direct bribery and anti-graft. Can a person be both liable for direct bribery and the
anti-graft corrupt practices under special penal laws? Yes, because they have
different elements.
o Sa Anti-Graft, B,E,G,H diba. 3D, 3E, 3G, 3H. 3B, a public officer entered into a
contract in which he has the right to intervene. BE, is evident bad faith and
manifest partiality, and there is also a grave inexcusable negligence. BG is entered
into a contract which is grossly disadvantageous to the government. Grossly and
manifestly disadvantageous to the government. And the last one is holding an
interest, which is what, prohibited under the law.
o These are not the same elements as that of direct bribery. Direct bribery, is only
agreeing to perform an act constituting a crime. Sa direct bribery, agreeing to
perform an act, wala pang acceptance. Basta agreement ninyo is what? That
which would constitute a crime. Second, acceptance of the gift. Basta to perform
an act not constituting a crime. So kanina, agreeing kung constituting a crime. By
mere agreement, consummated crime. Sa second instance, there must be an
acceptance. Acceptance of what? To perform an act not constituting a crime. The
third one is acceptance of the gift to refrain the public officer from doing
something in which it was his official duty to do. So again, let me emphasize that
a person can be both liable for direct bribery and anti-graft because the elements
are not the same. One is an SPL, and one is under the RPC.
So also, there is probably no crime committed kasi justifying. One is exempting. Ano ba
similarities ng justifying and exempting circumstances.
o There’s no criminal liability to both.
o Except that in justifying, there is no civil liability. In exempting, there is civil
liability as a general rule. So justifying, no criminal liability no civil liability
except avoidance of evil which is provided under paragraph 4. Avoidance of
greater evil there is civil liability.
o What about in exempting, no criminal liability but there is civil liability. Is this
an absolute rule? There are two exceptions where there is no civil liability in
exempting under paragraph 4, which is what, accident, and paragraph 7, which is
what, insuperable cause. So like minority and insanity, there is no criminal
liability. If the age of the child is 15 years old or younger, no criminal liability. If
it’s above 15 below 18, without acting in discernment, then there’s no criminal
liability as well. Insanity. Except if the person acted during lucid interval.
So chances are, the crimes are not punished by RPC (Sudden change of topic). Like
misprision of treason, knowledge of conspiracy to commit rebellion but you failed to
disclose it to the proper authority. Meron bang criminal liability? Wala, kasi no
misprision of rebellion.
There is also absorption. Rebellion absorbs other common crimes in furtherance of
rebellion.
o So there’s also instigation and under Article 332, in theft, estafa, and malicious
mischief if committed by spouse, ascendants, descendants, widowed spouse,
brothers and sisters, if living together, there is no criminal liability.
Once you know already the elements of the crime. You check also the stages of
execution, whether it is consummated, frustrated or attempted. The crime is
frustrated homicide, the crime is attempted homicide. So you have got to know what is
attempted and frustrated.
Of course you know internal acts, external acts. Internal acts are not punishable, external
acts are not punishable as well. If it is a preparatory act, it is not punishable (as a
general rule). Acts of execution is punishable.
Now what is the difference between a frustrated and from attempted. In frustrated,
the offender had performed all acts of execution. In attempted, the offender only has
commenced the commission of the crime directly by overt acts but did not perform
all acts of execution.
So what is the difference between the two? Sa attempted, he did not perform all acts of
execution. In frustrated, he already performed all acts of execution which would
produce the felony, but by circumstance the crime was not consummated. Why? In
attempted, by reasons what, other than his own spontaneous desistance. In
frustrated, what is the reason? Independent of the will of the perpetrator.
o So pagka A pointed his gun against B, and he missed. What is the crime
committed? It is still attempted. Halimbawa, attempted homicide. If A pointed his
gun against B, tinamaan kamay niya, what is his crime? It is still attempted.
Because there something remains to be done. It is not consummated hindi napatay
yung tao.
With respect to frustrated, he had already performed all acts of execution. So the
wound inflicted is a mortal wound. It is a fatal wound. So if A shot B on the vital parts of
his organ, that is frustrated. Now the person did not die. Why? Because he was brought to
the hospital and timely medical attention. Where it not for the intervention of the doctors,
B would have died. In that case, we could say that he already performed all acts of
execution.
o So, in this instance, halimbawa, si husband at si wife. Si husband, di niya na love
si wife. He planned to kill his wife. So he is a physician. Nagbigay siya ng poison
sa glass ni wife. So ano nangyari, nangisay si wife in his presence. Naawa si
husband kasi minsan niya minahal si wife tsaka mother siya ng kanilang kids. So
what he did is employed an antidote to the poison. The wife survived. So ang
tanong ngayon, is he liable for attempted or frustrated parricide. So we check on
the attempted. Did he not perform all acts of execution? He did perform all acts of
execution. So wala ng attempted. Was it consummated? No, because wife
survived. Is it dependent or independent of the will of the perpetrator? It is
dependent upon husband. So there is no attempted and no frustrated parricide. So
the crime is merely physical injuries.
What is the participation of A, B, and C? (Sudden change of topic) Principal. May direct
participation. Principal by inducement. Principal by indispensable cooperation. So sa
principal na yun, tatandaan ninyo direct participation, kung conspiracy, all will be liable
as principals by direct participation. Ang tanong. Is mere conspiracy punishable?
Mere conspiracy is not punishable unless there is a law which punishes the same.
Conspiracy to commit rebellion, coup de etat, among others.
o Halimbawa. Si A and B conspired to murder X tomorrow. A will drive his car,
bringing B to the place of X. And B is assigned to kill X. The following day, only
B appeared to kill X. During investigation, it was found out that A also conspired
to kill X so he was also charged with the crime of murder and conspiracy to
commit murder. Is he liable? No. Wala naming conspiracy to commit murder.
Paano yung “the act of one is the act of all?” This is not applicable. When you say the act
of one is the of all, dapat may overt act si A. In this case, walang overt act si A.
According to conspiracy, dapat dadalhin niya si B sa scene of the crime but he did not. So
A is not criminally liable. So when you say the act of one is the act of all, dapat A
performed the act pursuant to the plan or pursuant to the conspiracy. A, B, and C
conspired to rob X. A, according to their agreement, will bring them to the scene of the
crime. B will be the lookout. C will be the one to rob the house. Sabi ni A, “no I only
drove them to the scene of the crime. Hindi naman ako nagnakaw so dapat si B lang ang
personally liable.” Is that applicable? No, all of them will be liable for robbery because it
was the act of one and the act of all. It was in pursuant to the agreement. So they are
liable only for the crime they conspired to commit. So if this act is not part of the
agreement, then he will not be liable. Except pag special complex crime. Robbery
with homicide, robbery with rape, robbery with arson, robbery with serious physical
injuries. Why? Because in this special complex crime, it has its own peculiar rule. By
reason or occasion of robbery, somebody gets killed then all of them will be killed. All of
them will be liable for robbery with homicide although the killing is not part of the
agreement because there is a special provision provided. So robbery with homicide, hindi
ibig sabihin may intent to kill. Intentional or not, it is still robbery with homicide. There
is no robbery with murder, robbery with homicide pa rin yan. Because it happened
before, during, or immediately after the robbery. Dapat palang, at the onset, there is
intent to rob and somebody dies before, during, or immediately after the robbery.
Now, kung ang intent nila at the onset is to kill. A, B, and C intended to murder the
victim. And then, as an afterthought, yung isang co-conspirator, stole and rob the jewelry
box of the victim. There is no robbery with homicide. So what shall we apply? A person
is only liable for the crime that he conspired to commit. All of them will not be liable
for robbery, but for the killing which is the crime they conspired to commit. But for
robbery, the co-conspirator lang since siya lang gumawa nun and not the rest. Again, a
person is liable only for the crime he conspired to commit. Exception, if it is a
special complex crime. Robbery with rape, robbery with homicide, etc. Sa robbery with
rape, somebody was raped by reason or occasion of robbery although rape is not part of
the conspiracy. Lahat sila magiging liable for robbery with rape
Now, inducement alam ninyo na yan (no further explanation was given).
Indispensable to cooperation. The cooperation must be indispensable otherwise the
plan would not have been committed. Ang accomplices, you just have to remember,
there is no conspiracy. Kung may conspiracy, principal yan.
In accomplices, he only cooperated with the commission of the crime by previous or
simultaneous act. And you remember this, his participation is less than that of the
principal. Hindi dapat pareho or greater than that of the principal. If the wound inflicted
by the person is a mortal wound, and the wound inflicted by the principal is also a mortal
wound, pareho lang sila. He will not be an accomplice, but a principal.
Accessories. Three instances. Profited from the commission. Profited and also second, he
concealed or destroyed the body of the crime. Second (note: he said second again), if he
concealed or harbored or assist in the escape of the principal. So dapat, ang hinarbor niya
at cinconceal niya ay inassist niya is a principal, not an accomplice. Pag accomplice
inassist niyan, walang accessory.
Now you’ve got to remember also. Who are the persons who assisted the principal? If
he is a private person, dapat limited lang ginawa ng principal. TPMA. Treason,
Parricide, Murder, and attempt on the life of the chief executive or is known to be a
habitual delinquent. Pag public siya, any crimes committed by the principal for as long as
there is an abuse of his public position.
Of course, there are exemptions under Article 20. Yung mga spouses, descendants,
ascendants, etc. But if they profited from the effects of the crime, they will not be liable
as an accessory. Perhaps they are not liable, but they can be liable for a special penal
crime. Which is what?
The anti-fencing law. Under the anti-fencing law, walang exceptions. Anyone who buys
or sells or deals with an object or item subject of robbery or thievery will be liable for the
anti-fencing law, for as long as he knows or he should have known that it came from the
proceeds of robbery or theft.
So if you were able to buy a brand new book in RPC costing for P200, but sa REX
bookstore it costs around P2500, liable ka for anti-fencing law.
Halimbawa ang tanong. Is X criminally liable? Pwedeng article 4 siya. Hindi naman
specific crimes. How? Paano na-a-apply ang Article 4? Committing a felony although
the wrongful act done be different from that which he intended. The first paragraph
pertains to intentional felony. So, dolo lang siya. Hindi siya mag apply sa culpa or sa
special penal laws. A person is liable for the direct, natural, and logical consequences
of his unlawful act. Now, if we perform a lawful act, then he is not liable kahit namatay
siya. Kasi, he’s performing a lawful act. Dapat unlawful lang. He is liable for the direct,
natural, and logical consequences of the same.
So pag error in personae, and two persons are present in the scene of the crime. A,
believing that it was B. A intended to kill B, but he killed C believing that it was B. Sa
aberratio ictus, there is lack of precision. Tatlo ang present at the scene of the crime. Si
A, si B, at si C. Binaril ni A si B. Na-bullet ricochet, it was C who was hit. 3 persons. Sa
error in personae, dalawa ang present. Praetor intentionem, the resulting injury is greater
than that which they intend to commit.
Now, impossible crime. Impossible crime by performing an act which will be an
offense against persons or properties (By any person performing an act which would
be an offense against persons or property, were it not for the inherent impossibility of its
accomplishment or an account of the employment of inadequate or ineffectual means.).
So this is only applicable to persons and property. Secondly, dapat it should not constitute
as a crime under the provisions of the Revised Penal Code. So there is legal
impossibility, and physical impossibility. You cannot kill a person who is already dead.
So A intended to kill B, believing that B was still alive.
o You cannot kill a person who is already dead. A intended to kill B, believing that
B was still alive. But unknown to A, B was already dead. Why? Because of a
heart attack. So sinaksak ni A si B. So that’s impossible crime.
o But if A knew that B was alive at the time, there’s no impossible crime.
Importance ng ISLAW from that of Probation (difference). You have to set the min and
max term of the indeterminate sentence.
Why determine minimum? Because once the convict had already served the min term,
he would be eligible to be released on parole.
Why determine maximum? If in case the convict violates any of the conditions of his
parole, then will have to serve the max term of his indeterminate sentence.
Sa probation law, he doesn’t have to go to jail. You only have to report to the probation
officer and meet conditions of probation. Magkaiba sila.
ISLAW disqualifications
So remember 2 things in SPL: The penalty imposed by law and penalty imposed by
the court. Now let’s go to the RPC.
There is the rule of offsetting. Sa rule of offsetting, ano ang inooffset natin? Only
ordinary Mitigating Circustances, from generic Aggravating Circumstances.
Several types of Mitigating Circumstances: Ordinary and Privileged.
Kanina we discussed that sa murder. So we do not say the crime is homicide with a
generic Aggravating Circumstance of treachery. Because the crime itself is already
murder.
You cannot say also if it’s inherent (you should be able to say if it’s inherent). You
cannot say the person is liable for malversation with Generic Aggravating Circumstance
of abuse of public position. Because inherent in malversation is the abuse of public
position.
o Now, evident premeditation is a qualifying Aggravating Circumstance in the
crime of murder. It is inherent in the crime of robbery with force upon things.
Meaning to say just because may nakita kayong Aggravating Circumstance you will use
that to offset. So dapat only generic Aggravating Circumstance. (Just because you see
an aggravating circumstance, you should not automatically use that to offset.
Identify first if the aggravating circumstance is inherent to the crime committed.)
How to get maximum term of Indeterminate Sentence
To get the maximum term of the Indeterminate Sentence, the penalty imposed by the
RPC after appreciating the presence of the Mitigating Circumstance and Aggravating
Circumstance. Or after applying the rule of offsetting.
Diba ang penalty meron divisible and indivisible.
Alam naman DQ (?) sa ISL is indivisible penalty. So kapag reclusion perpetua you don’t
have to compute.
The rule in indivisible, walang min med or max period. So capital punishment- death,
wala.
Reclusion perpetua although it carries 20 yrs 1 day to 40 yrs, SC said remains to be
indivisible. So wala kayong maririning sa reclusion perpetus in its min med or max
periods.
Assuming may 2 Ordinary Mitigating Circumstances. Penalty is reclusion perpetua. Do
you apply ISL? No. Offsetting? No rin. Only exception is Privileged Mitigating
Circumstances
So reclusion perpetua tapos isang Privileged Mitigating Circumstances. So naturally
lower by one degree. One degree lower is reclusion temporal. Now a divisible penalty. So
you apply now rule on offsetting.
Review:
0 Aggravating and 0 Mitigating = Medium period
1 Aggravating and 0 Mitigating = Maximum period
0 Aggravating and 1 Mitigating = Minimum period
One degree lower than that imposed by the Code (RPC). And what is the period? The
period is upon the discretion of the court.
Let’s go back: QUESTION: Reclusion temporal. 2 Mitigating and 1 Aggravating.
Tanong sa bar: determine min and max term of Indeterminate Sentence.
ANSWER: Penalty: Max term is reclusion temporal in its minimum period. What is one
degree lower than rec temp? Prision mayor. Penalty: Minimum term is prision mayor the
period of which is upon the discretion of the court.
Sa pag compute compute mo, bumababa ka na as your max term na less than 1 yr. Pakita
mo pa rin sa examiner marunong ka mag compute. But you would say in conclusion the
ISL is not applicable because the penalty is less than 1 year.
Pano kung SPL na gumamit ng nomenclature of penalties from RPC? What rule will
you use to determine min and max term? Use RPC. So kahit SPL yan, may rule of
offsetting.
Last topic is about Probation Law.
The convict need not go to jail. Only need to report to probation officer and meet
conditions of probation.
Do not interchange disqualifications under probation from that of the RPC (ISLAW, not
RPC).
Kung ang unang disqualification under ISLAW is death, reclusion perpetua, or life
imprisonment. Sa probation is higher than 6 yrs.
So kung RPC hanggang pricion correccional if the penalty is prison mayor (6 yrs 1 day),
disqualified. (?)
Other Disqualifications under probation?
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