COMMENTARY/COMMENTS

Article 78-penalty may only be executed upon finality of judgement

This article imposes a simple rule that no penalty shall be imposed or executed unless the
judgement of the court has been rendered final and executory. Based on experience in several cases
where I work. After the proceedings of the case, a decision is rendered by the honorable judge whether
in favor or against the accuse. Such decision cannot be enforced yet because the other party is given a
time to appeal the said decision. In a case where the aggrieved party fails to make a successful appeal,
the court will issue a certificate of finality stating that the judgement is hereby declared as final and
executory. That is the only time that the penalty may be executed and the convicted party starts serving
his/her sentence as the case may be.

During the execution of the final judgement (while in prison), special regulations prescribed shall
be observed in relation to the character of the work to be performed, time of its performance, other
incidents, relations of the convicts among themselves and other persons, relief that they may receive,
and their diet. In simple words, the obligation of the authority is to implement regulations in the jails to
make sure that the welfare of the prison confined are protected, and at the same time, the purpose of
the confinement serves its purpose best.

Article 79- when the accused becomes insane or imbecile

Under this article of the Revised Penal Code, the law specifies on how the court should deal with
proceedings of a criminal case depending on different periods where the accused becomes insane or
imbecile. Those periods are the following;
a. If the convict/accused is insane or imbecile during the commission of the crime, he is exempted
from the criminal liability. This is in relation to Article 12 of the Revised Penal Code which
exempts an insane or imbecile person from criminal liability.
b. If the accused becomes insane or imbecile during trial is such a way that it impairs him/her from
defending himself/herself, the court shall order suspension of the trial and confinement of the
accused in a mental institution until he/she recovers.
c. If the accused/convict becomes insane or imbecile after the final sentence or while serving the
said sentence, execution shall be suspended by the court, and order for the confinement of the
accused in a mental institution until he recovers. After his/her recovery, he/she may continue
serving his/her sentence.
The above-mentioned suspension of penalty only applies to the personal penalty. Thus, the court
may still continue the imposition of civil liabilities even if the convict/accused becomes insane after the
judgement is proclaimed final.

Article 80- Suspension of sentence of minor delinquents

This provision of the Revised Penal Code has already been repealed by the Presidential Decree
No. 603 (Child Youth and Welfare Code), and Republic Act. No. 9344 (Juvenile Justice and Welfare Act).
Under the later statute, a child 15 years of age or under at the time of the commission of the crime shall
be exempted from criminal liability. On the other hand, a child who is above 15 years of age but below
18 years old at the time of the commission of the crime shall also be exempted from criminal liability.
Provided that he/she did not act with discernment. The exemption from criminal liability does not
include exemption from civil liability.
Children in conflict with law that is 15 years old and below shall be released from the custody of
parents or guardians and will be subject to a community-based intervention program under the
supervision of LSWDO unless the best interest of the child requires the referral to a youth care facility.
This shall be done with the voluntary commitment of the parents or guardians. Without which, LSWDO
may file a petition for involuntary commitment.
Children in conflict with law that is above 15 years old and below 18 shall be subjected to a
diversion program that will be conducted by LSWDO if the crime was committed with discernment.
The expenses of the diversion program or community-based intervention program shall be
borne of the parents or guardians. However, in cases where parents/guardian is incapable to pa for it,
1/3 of the expenses with be shouldered by the municipal govt, another 1/3 from the provincial
government, while the last 1/3 from the national government. Chartered cities shall shoulder 2/3 of the
expenses as the case may be.

Articles 81-85- the execution of death penalty

Theses provisions of the Revised Penal Code have no practical use anymore since the enactment
of Republic Act. No. 9346 prohibiting the imposition of death penalty. However, for the sake of general
knowledge if these repealed provisions, it talks about when and how death penalty should be executed.
Under these articles, it states that death penalty should be imposed with preference to other
penalty if possible. In other words, the imposition of death penalty should be taken as last resort as it
involved deprivation of life which is no longer reversible once executed.
Before the execution of the convict, he/she shall be provided with a priest/minister of his
preference, and a lawyer as he may need. Also, the director of Bureau of Corrections shall ensure that
the lethal injection is administered as to prevent any before death suffering of the convict.
Execution is however subject to the pardoning power of the president. Moreso, death penalty
cannot be imposed to the following;
1. Woman while pregnant
2. Woman withing one year after delivery
3. Person over 70 years of age
Execution shall be done in the penitentiary or bilibid with only authorized persons present and in a
close to public view. Unless the family of the convict claims the body after the execution, the body will
be turned over to an institute of learning or scientific research who shall shoulder the burial expenses of
the body.

Article 86 & 88 places to serve penalties

This provision is very self-explanatory. If the imposed penalties are reclusion perpetua, reclusion
temporal, prision mayor, prision correccional and aresto mayor, these sentences shall be served in the
penal establishments provided by the Administrative Code in force. As per experience, convicts who
served these penalties are usually being sent on the New Bilibid Prison in Muntinlupa City which is under
the direct administration of the Bureau of Corrections.
 On the other hand, as stated in Article 88 of the Revised Penal Code. Arresto Menor shall be
served in the municipal jail/city jail established within the jurisdiction of the court where to case was
heard.
Article 87- person penalized with destierro
In the imposition of destierro as a penalty, where the convict is not permitted to enter a
designated place in the sentence nor within the radius specified. Such radius under Article 87 shall not
exceed 250-kilometer radius and shall not be lesser that 25-kilometer radius from the designated place
in the judgement.