Assignment:

Read Articles 25-113

Answer the following in your own handwriting to be submitted this Tuesday:

I. Tabulate the duration of divisible penalties and the time included in each period. (Find
the table between Articles 75 and 76/77 of RPC)

Time included in Time included Time included Time included

Penalties the penalty in its in its minimum in its medium in its maximum
entirely period period period

From 14 years, 8
From 12 years From 12 years and From 17 years, 4
months and 1 day
Reclusion temporal and 1 day to 20 1 day to 14 years months and 1 day
to 17 years and 4
years. and 8 months. to 20 years
months.
Prision mayor,
absolute
From 6 years and 1 From 6 years and 1 From 8 years and 1 From 10 years and
disqualification and
day to 12 years. day to 8 years. day to 10 years. 1 day to 12 years
special temporary
disqualification
years. From 2 years, 4
From 6 months From 4 years, 2
From 6 months and months and 1 day
Prision Correctional and 1 day to 6 months and 1 day
1 day to 2 years to 4 years and 2
years. to 6 years.
and 4 months. months.

From 1 month From 2 months From 4 months and

Arresto Mayor and 1 day to 6 From 1 to 2 and 1 day to 4 1
months. months. months. day to 6 months

Arresto menor From 1 to 30 days. From 1 to 10 days. From 11 to 20 days. From 21 to 30 days.

II. Discuss the rule on subsidiary penalty.

 Subsidiary penalty - It is a subsidiary personal liability to be suffered by the convict who has no
property with which to meet the fine, at the rate of one day for each eight pesos, subject to the
rules provided for in Article 39.

Art. 39. Subsidiary penalty. — If the convict has no property with which to meet the fine mentioned in
paragraph 3 of the next preceding Article, he shall be subject to a subsidiary personal liability at the
rate of one day for e a c h eight pesos, subject to the following rules:

1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain
under confinement until his fine referred in the preceding paragraph is satisfied, but his subsidiary
imprisonment shall not e x c e e d one-third of the term of the sentence, and in no case shall it continue
for more than one year, and no fraction or part of a day shall be counted against the prisoner.

Under paragraph 1 of Article 39, if the penalty that was imposed is prision correccional or
arresto and fine, the subsidiary penalty shall not exceed 1/3 of the term of the sentence and
shall not continue for more than one year. Fraction or part of a day is not counted.

The second rule states that is the penalty imposed is fine only, the subsidiary penalty shall not
exceed six months if it is a grave or less grave felony; shall not exceed 15 days for a light felony.

The third rule is that when the principal penalty imposed is higher than prision correccional no
subsidiary imprisonment shall be imposed upon the culprit. In order for subsidiary penalty to be
imposed, the penalty must be not higher than prision coreccional.

Subsidiary Penalty can only be imposed only if the penalty is:

(1) Prision Correctional

(2) Arresto mayor
(3) Arresto menor
(4) Suspension
(5) Destierro
(6) Fine only

Under paragraph 4, if the principal penalty imposed is not imprisonment, and if it has no fixed
duration, there would be no subsidiary penalty. On the other hand, if the penalty is not
imprisonment but it has a fixed duration, subsidiary penalty shall be imposed the same
deprivations as those of w h i c h the principal penalty consists.

The last rule explains that when the convict have already suffered subsidiary penalty, it doesn’t
mean that he will no longer pay for the fine. If in case his financial life improved, he is obliged
to pay for the said fine.

2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not e x c
e e d six months, if the culprit shall have b e e n prosecuted for a grave or less grave felony, and shall
not exceed fifteen days, if for a light felony.

3. When the principal penalty imposed is higher than prision correccional no subsidiary
imprisonment shall be imposed upon the culprit.
 Art. 39

4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but
such penalty is of fixed duration, the convict, during the period of time established in the preceding
rules, shall continue to suffer the same deprivations as those of w h i c h the principal penalty consists.

5.) The subsidiary personal liability w h i c h the convict m a y h a v e suffered by reason of his
insolvency shall not relieve him from the fine in case his financial circumstances should improve. (As
amended by Rep. Act No. 5465, which lapsed into law on April 21,1969.)

III.
A. What is probation law?
PRESIDENTIAL DECREE NO. 968, OTHERWISE KNOWN AS THE “PROVATION LAW OF 1976”, AS
AMENDED BY PRESIDENTIAL DECREE NO. 1257, AND AS FURTHER AMENDED BY BATAS
PAMBANSA BLG. 76 AND PRESIDENTIAL DECREE NO. 1990 & R.A No. 10707
This law aims to Promote the correction and rehabilitation of an offender by providing him with
individualized treatment; Provide an opportunity for the reformation of a penitent offender which
might be less probable if he were to serve a prison sentence; and Prevent the commission of offenses

B. What is probation?
"Probation" is a disposition under which a defendant, after conviction and sentence, is
released and allowed to serve his sentence outside of prison subject to the conditions imposed
by the court and to the supervision of a probation officer. It is a privilege, not a right. It can be
granted only if the accused deserves it.
Probation is a privilege granted by the State to qualified offenders who admit their
liability and renounce their right to appeal. In view of their acceptance of their fate and
willingness to be reformed, the State affords them a chance to avoid the stigma of an
incarceration by making them undergo rehabilitation outside of prison.

C. Who can avail probation?

All persons having no disqualifications and those who are sentence for a crime not more than 6
years.

D. Who are disqualified from availing probation?

The benefits of the Decree shall not be extended to —

(a) those sentenced to serve a maximum term of imprisonment of more than six years;
 (b) those convicted of subversion or any crime against the national security or public order;

(c) those who were previously convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and I or a fine of not more than two
hundred pesos;

(d) those who have been once on probation under the provisions of the Decree; and

(e) those who are already serving sentence at the time the substantive provisions of the Decree
became applicable pursuant to Section 33 thereof.

IV.
A What is indeterminate sentence law?

INDETERMINATE SENTENCE LAW

(Act No. 4103 as amended by Act No. 4225)

AN ACT TO PROVIDE FOR AN INDETERMINATE SENTENCE AND PAROLE FOR ALL PERSONS CONVICTED
OF
CERTAIN CRIMES BY THE COURTS OF THE PHILIPPINE
ISLANDS; TO CREATE A BOARD OF INDETERMINATE SENTENCE AND TO PROVIDE F U N D S THEREFOR
AND FOR OTHER PURPOSES.

The Indeterminate Sentence Law is intended to favor the accused, particularly to shorten
his term of imprisonment.

Indeterminate Sentence Law governs whether

the crime is punishable under the Revised
Penal Code or a special Law. It is not limited to
violations of the Revised Penal Code.

It applies only when the penalty served is

imprisonment. If not by imprisonment, then it
does not apply.
B What is the purpose of indeterminate sentence law?
The purpose of the Indeterminate Sentence law
is to avoid prolonged imprisonment, because it
is proven to be more destructive than
constructive to the offender. So, the purpose of
the Indeterminate Sentence Law in shortening
the possible detention of the convict in jail is to
save valuable human resources. In other
words, if the valuable human resources were
allowed prolonged confinement in jail, they
would deteriorate. Purpose is to preserve
economic usefulness for these people for
having committed a crime -- to reform them
rather than to deteriorate them and, at the
same time, saving the government expenses of
maintaining the convicts on a prolonged
confinement in jail.

 To promote the prisoner's reformation by allowing him to serve sentence outside of prison under
the supervision of a parole officer;
 To decongest the jails, thereby allowing the government to save money;
 Minimum and maximum terms of imprisonment are specified in order to prevent unnecessary
deprivation of liberty and enhance a convict's economic usefulness.
 The maximum penalty is necessary for the imposition of accessory penalties while the minimum
penalty is important to allow the prisoner the chance for parole. In short, he is given a chance to
go back to society and redeem himself.
C Why is it mandatory to specify the minimum and maximum periods?

Reason for fixing the MINIMUM and MAXIMUM penalties in the indeterminate
sentence.
1. Whenever any prisoner shall have served the minimum penalty imposed on him, and it shall
appear to the Board of Indeterminate Sentence that such prisoner is fitted for release, said Board
may authorize the release of such prisoner on parole, upon such terms and conditions as may be
prescribed by the Board.

2. Whenever such prisoner released on parole shall, during the period of surveillance, violate any of
the conditions of his parole, the Board may issue an order for his arrest. In such case, the prisoner
so rearrested shall serve the remaining unexpired portion of the maximum sentence. (Sees. 5 and
8, Act No. 4103)

3. Even if a prisoner has already served the minimum, but he is not fitted for release on parole, he
shall continue to serve imprisonment until the end of the maximum.

Mandatory.
It is mandatory in the cases specified therein, for it employs the phrases "convicts shall be sentenced"
and "the court shall sentence the accused to an indeterminate sentence." (People vs. Yu Lian, C.A., 40
O.G. 4205)

V. Compare probation from indeterminate sentence law.

"Probation" is a disposition under which a defendant, after conviction and sentence, is released and
allowed to serve his sentence outside of prison subject to the conditions imposed by the court and to
the supervision of a probation officer; whereas indeterminate sentence law is only intended to favor
the accused, particularly to shorten his term of imprisonment. Indeterminate sentence law
when applied, does not release the convict but serve only to shorten the duration of imprisonment.

VI. When and how is a penalty executed?

Art. 78. When and how a penalty is to be executed. — No penalty shall be executed except by virtue of a
final judgment.

A penalty shall not be executed in any other form than that prescribed by law, nor with any other
circumstances or incidents than those expressly authorized thereby.

The judgment must be final before it can be executed, because the accused may still appeal within 15
days from its promulgation. But if the defendant has expressly waived in writing his right to appeal, the
judgment becomes final immediately. (Rule 120, Sec. 7,
Rules of Court)

VII. Compare Amnesty from Pardon.

It is an act of the sovereign power granting oblivion or a general pardon for a past offense, and is rarely,
if ever, exercised in favor of a single individual, and is usually exerted in behalf of certain classes of
persons, who are subject to trial but have not yet been convicted.

Amnesty completely extinguishes the penalty and all its effects

Pardon- It is an act of grace proceeding from the power entrusted with the execution of the laws which
exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he
has committed.

1. Pardon includes any crime and is exercised individually by the President; amnesty is a blanket
pardon to classes of persons or communities who may be guilty of political offenses.

2. Pardon is exercised when the person is already convicted; amnesty may be exercised even before
trial or investigation is had.

3. Both do not extinguish the civil liability of the offender. (Art. 113)

4. Pardon, being a private act of the President, must be pleaded and proved by the person
pardoned; while amnesty being by Proclamation of the Chief Executive with the concurrence of
Congress, is a public act of which the courts should take judicial notice.

VIII . How is criminal liability totally extinguished?

Art. 89. How criminal liability is totally extinguished. — Criminal liability is totally extinguished:
 1. By the d e a t h of t h e convict, as to t h e personal penalties; and as to pecuniary
penalties, liability therefor is extinguished only w h e n the death of the offender occurs
before final judgment;

2. By service of the sentence;

3. By amnesty, w h i c h c o m p l e t e l y e x t i n g u i s h e s the
penalty and all its effects;

4. By absolute pardon;

5. By prescription of the crime;

6. By prescription of the penalty;

7. By the marriage of the offended woman, as provided in Article 344 of this Code.

IX. Compare prescription of crime from prescription of penalty.

Prescription of the crime begins, as a general

rule on the day the crime was committed,
unless the crime was concealed, not public, in
which case, the prescription thereof would only
commence from the time the offended party or
the government learns of the commission of the
crime.
On the prescription of the penalty, the period
will only commence to run when the convict has
begun to serve the sentence. Actually, the
penalty will prescribe from the moment the
convict evades the service of the sentence

X. How is criminal liability partially extinguished?

Art. 94. Partial extinction of criminal liability. — Criminal liability is extinguished partially:

1. By conditional pardon;

2. By commutation of the sentence; and

3. For good conduct allowances w h i c h the culprit may earn while he is serving his
sentence.

XI. What is the principle of civil liability ex-delicto?