Chapap Jr, Jimmy T.

Assessment Task #6

Section: BBD

1. Define Penalty in your own words. What are the different kinds of penalties imposed in the
Philippines CJS?

Penalty for me is a punishment that will be imposed to a criminal offender which Penalty defines on the
crime that the criminal offender committed that leads to him/her to be punished by the state.

The different kinds of penalties in the Philippines CJS,

 According to their visibility

-Divisible Penalty which means those that have fixed duration and are divisible into three
periods, namely: Maximum, Medium, and Minimum. These are under the kinds of Divisible
Penalty which its title is Penalty composed of three periods – Reclusion temporal.
-Indivisible Penalty which it has no fixed duration for example is Death penalty, reclusion
perpetua, perpetual absolute or special disqualification.
 According to gravity
-Afflictive- Reclusion perpetua which means 40 years of imprisonment.
-Correctional- Arresto mayor – Arresto mayor a detention from 1 month and one day to six
months.
-Light- Public censure or reprimand is a penalty next to Arresto menor
 According to subject matter
-Corporal- for example is Flogging, beating, whipping, branding, mutilation, blinding, stock and
pillory that it can lead the criminal to death.
-Deprivation of freedom- these are the reclusion perpetua, prison, and arresto
-Restriction of freedom- Destierro which means banishment from the actual residence
-Deprivation of rights- Disqualification and suspension for example is the right to vote they are
suspended or disqualified.
-Pecuniary- these are the fine that was imposed to the criminal offender

2. What are the theories that justifies PENALTY? Construct scenario for each theory to support
your answer.
 Theories that justifies Penalty :
-Prevention: to prevent and suppress the danger of the state. For example is that Person A
committed a murder, to prevent Person A on committing another murder a penalty will imposed
to Person A and to be punished to prevent Person A on committing another crime.
-Self- defense: to protect the society from threat and wrong doings. For example our law
enforcers are there to protect our society from threat and wrong doings by the criminal.
-Reformation: The object of the criminal cases is to correct and reform the offender. For
example is imprisonment to correct the offender.
 -Exemplarity: The criminal punished to serve to discourage others from committing a crime. For
example Person A committed a crime to deter others on committing a crime Person A will be the
example of the Punishment and serve the duration of the penalty.
-Justice: Crime must be punished by the state as an act of retributive justice. For example is
Person A vs. the people of the Philippines that Person A is to be proved guilty or not guilty on a
criminal case of committing a crime.

3. What are the different juridical conditions of penalty? Construct scenarios for each juridical
condition to support your answer?
 Different Juridical conditions of penalty:
-Productive suffering –without affecting the integrity of human personality. For example Person
A committed a crime and Person B wants to cover for Person A crime but it is not valid because
Person A is the one committed the crime then the punishment will be imposed only to Person
A. If the criminal case is Person A and Person B committed the crime then both of them will be
imposed of the punishment. The one who committed the crime will be punished.
-Commensurate with the offense- different crimes must be punished with different penalties.
For example is Murder and theft, Murder is a heinous crime which murder is ranging up to life
imprisonment or Reclusion Perpetua, while Theft is a light offense which it carries a minimum
punishment of 6 months and 1 day of imprisonment.
-Personal – the guilty must be the one to be punished. For example Person A was captured on
committing a crime the court then found Person A guilty because of many evidences that leads
to Person A’s doing.
-Legal- The consequence must be in accordance with the law. For example Person A is proved to
be guilty in Theft then the court sentence Person A to Reclusion Perpetua which is Theft is not a
heinous crime but a light offense. Person A will now argue to the court’s decision that can lead
to change the sentence to Arresto mayor which it is accordance to the law.
-Equal- Equal for all persons, For example every crime has a different penalty to be equal.
-Certain- no one must escape to its effect, For example Person A was imposed by a penalty,
Person A will now be punished on its effect.
-Correctional- changes the attitude of the criminal offenders and become a law-abiding citizens.
For example Person A is a drug addict and surrendered to the law enforcement and wants to
change, Person A will be Rehabilitated until his/her sentence is served.
4. Differentiate Reclusion Perpetua and Life Imprisonment.
Reclusion perpetua have duration of imprisonment and it is prescribe on crimes punishable by
the Revised Penal Code, While life Imprisonment is imposed offenses punishable by special laws
these life imprisonment gives the state the power to detain a person in prison for life until they
die inside the prison.
5. Why was Death Penalty suspended in the Philippines?
Death Penalty in the Philippines was abolished two times, the first abolishment of Death Penalty
is during to the new drafted 1987 constitution and the second is during 2006 because of the
pressure of the Catholic Church. They say that death penalty here in the Philippines will worsen
the Human Rights situation for a reason that Death Penalty is “Cruel and unusual.” Death
penalty during 2006 was abolished and Former President Gloria Macapagal- Arroyo signed a law
reducing the maximum punishment to life imprisonment.