Professional Documents
Culture Documents
Penalties
Penalties
Penal&es
Penal&es
RPC, art. 21-‐88
I. I.
CONSTITUTIONAL LIMITATIONS CONSTITUTIONAL LIMITATIONS
A. Nature
B. Content
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STATUTORY LIMITATIONS
• A. Revised Penal Code
• Art. 21. Penal&es that may be imposed. — No felony
shall be punishable by any penalty not prescribed by
STATUTORY LIMITATIONS law prior to its commission.
• Art. 22. Retroac&ve effect of penal laws. — Penal Laws
shall have a retroac&ve effect insofar as they favor the
persons guilty of a felony, who is not a habitual
criminal, as this term is defined in Rule 5 of Ar&cle 62 of
this Code, although at the &me of the publica&on of
such laws a final sentence has been pronounced and the
convict is serving the same.
• B. Civil Code
• Art. 2. Laws shall take effect aTer fiTeen days PENALTIES THAT MAY BE IMPOSED
following the compleIon of their publica&on in the
Official Gaze7e, unless it is otherwise provided. This RPC, art. 21, 24, 25
Code shall take effect one year aTer such publicaIon.
• Art. 21. Penal&es that may be imposed. — No • Art. 24. x x x not be considered x x x penal&es:
felony shall be punishable by any penalty not
• 1. The arrest and temporary deten&on of
prescribed by law prior to its commission. accused persons, as well as their detenIon by
reason of insanity or imbecility, or illness
requiring their confinement in a hospital.
• 2. The commitment of a minor to any of the
insItuIons menIoned in ArIcle 80 and for the
purposes specified therein.
• 3. Suspension from the employment of public office
during the trial or in order to insItute proceedings. >
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DesIerro FINE
• Serious physical injury, death under • Art. 26. When afflic&ve, correc&onal, or
excepIonal circumstances (247) light penalty. — A fine, whether imposed
• Failure to give bond for good behavior (284) as a single of as an alterna&ve penalty,
shall be considered an afflic&ve penalty, if
• Concubine – (334)
it exceeds 6,000 pesos; a correc&onal
• Penalty reduced by one or more degrees penalty, if it does not exceed 6,000 pesos
but is not less than 200 pesos; and a light
penalty if it less than 200 pesos.
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Effects of Perpetual and temporary absolute Effects of Perpetual and Temporary Special
disqualifica&on:
Disqualifica&on
1. DeprivaIon of any public office 1. For public office, profession, or calling
2. DeprivaIon of the right to vote in any elecIon a. DeprivaIon of the office, employment, profession or
or to be voted upon calling affected
3. DisqualificaIon from public employment b. DisqualificaIon for holding similar offices
4. Loss of rights to reIrement pay or pension
2. For the exercise of the right of suffrage
TAD – 2 & 3 only during period of penalty a. DeprivaIon of the right to vote or to be
elected in an office
b. Cannot hold any public office
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DURATION OF PENALTIES
• Reclusion Perpetua – 30/40 years
• Reclusion Temporal -‐ 12 years, 1 day 20
years
DURATION OF PENALTIES • Prision Mayor -‐ 6 years, 1 day 12 years
• Temporary Disqualifica5on
• Prision Correccional -‐ 6 months, 1 d 6 years
• Suspension
• Des5erro
• Arresto Mayor -‐ 1 month, 1 day 6 months
• Arresto Menor -‐ 1 day 1 month
COMPUTATION OF PENALTIES
• Art. 28. Computa5on of penal5es. — If the
offender shall be in prison, the term of the
duraIon of the temporary penalIes shall be
COMPUTATION OF PENALTIES computed from the day on which the
judgment of convic&on shall have become
final. >
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COMPUTATION OF PENALTIES
• Whenever an accused has undergone prevenIve
imprisonment for a period equal to or more than the
possible maximum imprisonment of the offense
charged to which he may be sentenced and his case
is not yet terminated, he shall be released
immediately without prejudice to the conInuaIon of APPLICATION OF PENALTIES
the trial thereof or the proceeding on appeal, if the
same is under review. In case the maximum penalty
to which the accused may be sentenced is desIerro,
he shall be released aTer thirty (30) days of prevenIve
imprisonment. (As amended by E.O. No. 214, July 10,
1988).
Principals 0 1 2 Principals RT PM PC
(Art. 46) (Art. 50) (Art. 51)
Accomplices 1 2 3 Accomplices PM PC AMa
(Art. 52) (Art. 54) (Art. 56)
Accessories 2 3 4 Accessories PC AMa AMe
(Art 53) (Art. 55) (Art. 57)
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(Remember)
Degree of ParIcipaIon SIMPLIFIED
Degree of ParIcipaIon
• If penalty prescribed consists in 3 periods, • MiIgaIng and aggravaIng circumstances are
corresponding to different divisible penalIes, disregarded in graduaIng penalIes
the penalty next lower in degree is the penalty
consisIng on the 3 periods down in the scale • Applied only aTer determinaIon of lower
• If penalty prescribed consists in 2 periods, the penalty
penalty next lower in degree is the penalty
consisIng in 2 periods down the scale
• If the penalty prescribed by the code consists in
only one period, the penalty next lower in
degree is the next period down the scale
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• Rosa Lim v. People, G.R. No. 130038, • People v. Gabres, 267 SCRA 581, 595-‐
18, September 2000 596 (1997)
• the penalty to be imposed for violaIon of B.P. • the minimum shall be "within the range of the
No. 22, the philosophy underlying the penalty next lower to that prescribed" for the
offense. The penalty next lower should be based on
Indeterminate Sentence Law applies. The SC
the penalty prescribed by the Code for the offense,
deleted the prison sentence imposed on without first considering any modifying
peIIoners. It imposed on them only a fine circumstance aaendant to the commission of the
double the amount of the check issued. crime.
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People v. Gabres
• The determinaIon of the minimum penalty is • People v. Lampaza, 319 SCRA 112 (1999)
leT by law to the sound discreIon of the court • Under the law in effect when the crime was
and it can be anywhere within the range of commi7ed, the penalty for simple rape was
the penalty next lower without any reference reclusion perpetua. In imposing a lower
to the periods into which it might be indeterminate penalty, the trial court erred,
subdivided. The modifying circumstances because the Indeterminate Sentence Law
are considered only in the imposi&on of the does not apply when the offense involved
maximum term of the indeterminate is punishable with reclusion perpetua.
sentence.
• People v. Oyanib, G.R. No. 130634-‐35, • People v. Ducosin, 59 Phil. 109 (1933)
12 March 2001 • The Indeterminate Sentence Law, Act No.
• The Court sentences accused Manolito Oyanib y 4103, simply provides that the "minimum"
Mendoza to two (2) years and four (4) months shall "not be less than the minimum
of desIerro. He shall not be permi7ed to enter imprisonment period of the penalty next
Iligan City, nor within a radius of one hundred lower." In other words, it is leT enIrely within
(100) kilometers from Iligan city. the discreIon of the court to fix the minimum
of the penalty
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• Francisco v. Court of Appeals, 243 SCRA 384 (1995) • Salgado v. Court of Appeals, 189 SCRA
• Yusi v. Morales, 121 SCRA 854 (1983) 304 (1990)
• Cal v. Court of Appeals, 251 SCRA 523 (1995) • The trial court is given the discreIon to
• Llamado v. Court of Appeals, 174 SCRA 566 (1989) impose condiIons in the order granIng
probaIon "as it may deem best." As already
• The prevailing jurisprudence treats stated, it is not only limited to those listed
appeal and proba&on as mutually under SecIon 10 of the ProbaIon Law.
exclusive remedies (indemnificaIon)
• Baclayon v. MuIa, 129 SCRA 148, 154 (1984) • Bala v. MarInez, 181 SCRA 459 (1990)
• imposed as a condi&on in gran&ng • ProbaIon is revocable before the final discharge of
proba&on to peIIoner FlorenIna L. Baclayon the probaIoner by the court, contrary to the
that she refrain from con&nuing with her peIIoner's submission.
• The probaIon having been revoked, it is imperaIve
teaching profession. – Not allowed.
that the probaIoner be arrested so that he can serve
• An order placing defendant on "probaIon" is the sentence originally imposed. The expiraIon of the
not a "sentence" but is rather in effect a probaIon period of one year is of no moment, there
suspension of the imposiIon of sentence being no order of final discharge as yet
PLURALITY OF CRIMES
PLURALITY OF CRIMES – consists in the
successive execuIon by the same individual
of different criminal acts upon any of which
PLURALITY OF CRIMES no convicIon has yet been declared.
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COMPLEX CRIME
CONTINUED CRIME – refers to a single crime
consisIng of a series of acts but all arising from one • COMPLEX CRIME – although there actually
criminal resoluIon. Although there is a series of acts, are two or more crimes, the law treats them
there is only one crime commi7ed, so only one as consItuIng only one-‐ as there is only one
penalty shall be imposed. criminal intent. Only one informaIon need
be filed. (Art. 48)
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COMPLEX CRIME
Enrile v. Salazar, 186 SCRA 217
• No complex crime of rebellion with murder
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Sec&on 1. Viola&ons penalized by special acts shall, (a) punished only by a fine or by imprisonment for not
unless otherwise provided in such acts, prescribe in more than one month, or both – 1 year;
accordance with the following rules: (b) punished by imprisonment for more than one month,
but less than two years – 4 years;
(c) punished by imprisonment for two years or more, but
less than six years – 8 years; and
(d) punished by imprisonment for six years or more – 12
years , except the crime of treason, (20 years)
(e) Viola&ons penalized by municipal ordinances -‐ 2
months.
Sec. 2. Prescrip&on shall begin to run from • The prescrip&on shall be interrupted when
the day of the commission of the viola&on proceedings are ins&tuted against the
of the law, and if the same be not known at guilty person, and shall begin to run again
the &me, from the discovery thereof and if the proceedings are dismissed for
the ins&tu&on of judicial proceeding for its reasons not cons&tu&ng jeopardy.
inves&ga&on and punishment.
• Note – Flight to another country not included
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ParIal ExIncIon
of Criminal Liability
Art. 94. Par5al Ex5nc5on of criminal liability. —
Criminal liability is exInguished parIally:
ParIal ExIncIon 1. By condiIonal pardon;
of Criminal Liability 2. By commutaIon of the sentence; and
3. For good conduct allowances which
the culprit may earn while he is serving
his sentence.
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ParIal ExIncIon
of Criminal Liability
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END
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