CRIM 1: PENALTIES:

Classifications of Penalties:
A. Principal and Accessory
1. Principal
a. Divisible- fixed duration
 Periods:
i. Minimum
ii. Medium
iii. maximum
b. Indivisible – no fixed duration
i. Death
ii. Rp
iii. Perpetual absolute/ Special DQ
iv. Public censure
2. Accessory
B. Subject matter
1. Corporal
2. Deprivation of Freedom
3. Restriction of FREEDOM
4. Deprivation of RIGHTS
5. Pecuniary
C. Gravity
1. Capital (death)
2. Afflictive (ex: from attempted murder)
3. Correctional – less grave – not less than 200
4. Light

Art. 26 Fines:
Afflictive penalty- if exceeds 6,000 pesos (whether imposed as a single or as an alternative
penalty)
Correctional penalty- 200 – 6,000 pesos
Light penalty - less than 200

Note: the law does not permit any court to impose a sentence in the alternative. Duty is to
indicate the penalty imposed definitely and positively.
 Has nothing to do with definition of light felony.
Art. 9 Grave, less grave, light Felonies:
Grave- attaches capital punishment/ penalties which any of their period are afflictive
Less grave –correctional in maximum period
Light – infractions of law- Amenor/ fine not exceeding 200 pesos.

Whether light or less grave?

 In case of conflict, art. 9/ definition of light felonies should prevail.
DURATION:
RP 20-40
RT 12-20
PMayor and TDQ 6-12 (Except if DQ is accessory- duration is of principal penalty)
PC, Suspension, 6mo- 6y (except if suspension is accessory- duration is of principal
Destiero penalty)
AMayor 1m-6m
AMenor 1-30 days
Bond to keep the
peace

RP 20-40

RT 12-20

Pmayor, TDQ 6-12

PC, Suspension, Destiero 6m-6y

Amayor 1m-6m

Amenor 1-30 days

Bond to keep the peace discretionary

20-40 > 12-20 > 6-12 > 6m-6y > 1m-6m > 1-30 days > discretionary

Art. 28 Computation of penalties:

1. If offender in prison- (temporary penalties) computed from day of final judgment
a. For temporary: under (temporary?) detention, preventive imprisonment
i. full time or 4/5 to be deducted from the penalty imposed:
1. full time if- agreed in writing
2. 4/5 did not agree
Ex: A accused with penalty of RT. He was detained for 2 years. After trial,
he was found guilty with penalty of 6-12 years.
 2 years to be deducted from 12 years, if agreed voluntarily in
writing before or during the time of his temporary detention to
abide by the same disciplinarty riles imposed upon convicted
prisoners
  4/5 of 2 years if – did not agree to abide by the same disciplinary
rules iposed upon convicted prisoner (4/5 of 2 – 12=
2. Not in prison – (penalty consisting deprivation of liberties) computed from the day the
offender is placed at the disposal of the judicial authorities for the enforcement of
penalty
3. Duration of other penalties- from the day on which the defendant commences to serve
his sentence
a. Ex: outside prison, release on bail

Credit for Preventive Imprisonment- to be given in service of sentences consisting of

deprivation of liberty
Ex: no credit if its fine only; must be imprisonment (because it is a deprivation of liberty)
 No credit if fine only
 For RP- credit from 30 years (not 40)- this was included in RA 10592, clarified that the
crediting of preventive imprisonment is likewise extended to those who have been
sentenced to reclusion perpetua and that credit shall be deducted from 30 years.

Maximum possible preventive imprisonment for purpose of immediate release = actual period
of detention + good conduct time allowance.
 Released immediately if penalty imposed after trial is less than full time or 4/5 of
Preventive Imprisonment ( Detention- para di makatakas)
Ex: A detained for 5.10days for less serious physical injuries; after trial he was
sentenced to 4 months of Amayor = he should be released immediately because the
accused need not to serve the penalty of destierro. He should not be entitled to
credit for preventive imprisonment which he had undergone since Aug 1970* di ko
magets to.

When shall be the accused released immediately?

a) If accused was detained for more than the penalty (full or 4/5)
b) If undergone preventive imprisonment equal to the possible maximum imprisonment
o Released but the trial of case will continue (if example: penalty is 1-6months. He
was under detention for 6 months na, he should be released immediately, but
trial will still continue
c) If maximum penalty is destiero
When offenders entitled to full time/ four-fifths of PI?
When not credited to full time/four fifths but shall be released immediately?
When offenders not entitled to full time/ four-fifths of time of Preventive Imprisonment?
1. Recividists or those convicted previously twice or more times of any crime
2. Those who, upon being summoned for the execution of their sentence, failed to
surrender voluntarily
3. Habitual delinquents or those who, within a period of ten years from the date of his
release or last conviction of the crimes or serious or less serious physical injuries,
robbery, estaf
Art 36 PARDON
PARDONING POWER OF THE PRESIDENT
Pardon by the President:
1. Not restores right to hold public office or right of suffrage
 Exception: when restored by terms of pardon
2. Not exempt the culprit from the payment of the civil indemnity.
 Pardon cannot make an exception to this rule.
Limitations:
1. Power can be exercised only after conviction
2. Power does not extend to cases of impeachment

No accessory for destiero

GRADUATION OF PENALTIES – stages of execution and to the degree of criminal participation

of the offender
Principal Frustrated
Accomplice Attempted
Accessory Consummated

1. Ano bang role nya sa commission ng crime?

2. Hanggang sang stage?

DIVISION OF DIVISIBLE PENALTY: 3 periods

1. Maximum
2. Medium
3. Minimum
- Proper period of the penalty which should be imposed when aggravating or mitigating
circumstance attend the commission of the crime.
o May aggravating ba?
o May mitigating?
o What if 2 aggravating tapos 1 mitigating? How will it be offset?

ART. 48 PENALTY FOR COMPLEX CRIMES

 Complex crime – only one crime
2 kinds:
1. COMPOUND- single act constitutes two or more grave or less felonies (more or less)
a. 2 or more grave
b. 1 or more grave + 1 or more less grave
c. 2 or more less grave
2. CCP - an offense is a necessary means for committing the other
Single complex crime
Single act if several acts were performed by the accused in firing separate shots from their
individual firearms, BUT it was not possible to determine who among them actually killed the
victim. There was a single criminal impulse to kill the group as a whole (not each one of them??)

Light felonies produced by the same act- treated and punished either:
1. As a separate offense
o Not complex if maraming light felonies galling sa one act.
o Ex: nagbangga ng sasakyan- may nagsuffer physical injury, damage to
property din.
 Pero pag may namatay, siguro, complex crime??????
 Also, what is special complex crime? Is it different from single
complex crime???? Pota

o Parang exception ang light felonies sa single complex rime kahit produced by single
act???

2. Absorbed by the grave felony- ABSORPTION- if crime committed by force or

violence, slight physical injuries are absorbed -> so complex ba to?
a. Ex: direct assault- slight physical injuries already absorbed
b. Commission of rape- slight physical injuries inflicted on girl’s genital organ.
 Why absorbed? Slight physical injuries are necessary consequence of the force or
violence inherent in the crimes of direct assault and rape.

RT is an afflictive penalty. (fine is more than 6,000)

Less serious PI- less grave felony- punishable by AMayor, a correctional penalty.

Duration Graveness Physical Injuries Gravity Period

Arresto Mayor Less grave Less serious PI Correctional

Single act -> direct assault & PI.

Rape- a special complex crime not covered by Art. 48.

 RT pag may aggravating/qualifying circumstance
 RP pag may homicide/ attempted rape

Sa CCP- two offense. Yung isa necessary means in commiting the crime.
 Ex: seduction and usurpation of public authority. (need magpanggap na official para
maseduce)
 Abduction to rape.
Necessary does not mean indispensable. (option parin ng accused) kasi:
For example estafa.
Pede naming estafa lang na simple, wala ng other means na ieemploy para maging successful
estafa; simpleng estafa na defined lang sa penal code. Pero yung estafadora, pede sya mag
falsify- pero di naman indispensable requirement sis. Pero ginawa nya para makapag estafa.
Hence, complex crime of estafa through falsification of document. (walang private document;
public lang)
Ex: may single purpose : 1 estafa and 17 falsification; not 17 estafa, 17 falsification.
Ex: falsified 27 vouchers, walang estafa. Liable for 27 falsifications. Magkakaiba,
magkakahiwalay. Hindi necessary ang isat isa para maaccomplish ang isang goal kasi walang
iisang goal. Goal lang makapag falsify each, different and separate.

When is there no complex crime?

 When in the definition of a felony one offense is a means to commit the other, there is
no complex crime.
o Ex: murder with qualifying circumstance na cinommit by means of fire or
explosion. Murder lang ito. Plain and simple.
 What is the difference when It comes to the liablities ng complex crime at
ng simple crime????? Is there a change in degrees or what kung same
lang naman na iisang crime lang na commit pareho???
 when trespass to dwelling is a direct means to commit a grave offense
o ex: rape, theft, destruction
 when one of the offense is committed for the purpose of concealing the other
o ex: sinunog katawan or bahay para walang makaalam na pinatay nya? ? ? ?
o ex: di nadeliver/ kulang yung nadeliver na pera, ang ginawa ng delivery boy,
finorge nya signature ng receiver para kunwari na acknowledge/receive na
buong pera.

 Falsification to conceal and not to commit malversation.( corrupt behavior in a position of trust,

especially in public office:)

 nagiging separate crimes pag hindi necessary means to commit the other but
only to conceal the other offense.
 Pero pag nag falsify para ma obtain nya yung funds- complex crime. Complex
crime of malversation through falsification of document by a public officer.
 One of the offense is penalized by special penal law
 Illegal possession of firearms not a necessary means to commit homicide. Both are
separate offense.
o Why? Punishable under different statute.
o Merely considered nalang ang illegal possession of firearm as special aggravating
circumstance (sa murder/ homicide)
o Absorption sa rebellion.
 SIMPLE CRIME COMPLEX CRIME
If in the definition of a felony, one offense is
a means to commit the other.

SUMMARY when there is no complex crime

 defined in the code as a means to commit the other
 trespass to dwelling is a direct means to commit a grave offense
 for purpose of concealment