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CRIMINAL

LAW 1 REVIEWER

CHAPTER 5: EXECUTION AND SERVICE OF PENALTIES



SECTION 1 GENERAL PROVISIONS

Article 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.

In addition to the provisions of the law, the special regulations
prescribed for the government of the institutions in which the
penalties are to be suffered shall be observed with regard to the
character of the work to be performed, the time of its performance,
and other incidents connected therewith, the relations of the convicts
among themselves and other persons, the relief which they may
receive, and their diet.

The regulations shall make provision for the separation of the sexes in
different institutions, or at least into different departments, and also
for the correction and reform of the convicts.

POINTS

I. Only Penalty By Final Judgment Can Be Executed
The judgment must be final before it can be executed, because
the accused may still appeal within 15 days from its
promulgation, but if he waives by writing his right to appeal,
the judgment becomes immediately final.
If the judgment does not confer subsidiary imprisonment in
case of insolvency, the accused cannot be required to suffer the
same in case of inability to pay the fine imposed on him.

If the person is acquitted, he cant be subjected to public


censure (People v. Abellera).
If the judge sentence accused to 25 years of reclusion perpetua,
he cannot be compelled to serve sentence because there is no
such thing. Remedy is writ of habeas corpus.

Article 79. Suspension of the execution and service of the penalties
in case of insanity.
When a convict shall become insane or an imbecile after final
sentence has been pronounced, the execution of said sentence shall
be suspended only with regard to the personal penalty, the provisions
of the second paragraph of circumstance number 1 of article 12 being
observed in the corresponding cases.

If at any time the convict shall recover his reason, his sentence shall
be executed, unless the penalty shall have prescribed in accordance
with the provisions of this Code.

The respective provisions of this section shall also be observed if the
insanity or imbecility occurs while the convict is serving his sentence.

POINTS

I. Rules Regarding The Execution Of Penalties In Case Of Insanity
1. Convict becomes insane/imbecile after final judgment
sentence is suspended only as regards the personal penalty.
2. If he recovers his reason sentence shall be executed unless it
has prescribed.
3. Even while serving sentence, the convict becomes insane/an
imbecile, Article 79 shall be observed.
4. Civil or pecuniary liabilities shall not be suspended.


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II. Only Execution Of Personal Penalty Is Suspended In Case Of
Insanity; Civil Liability May Be Executed Even In Case Of Insanity Of
Convict.
Guardian can be appointed to administer the property, so civil
liability can be imposed.

III. An Accused Person May Become Insane (With Effects):
1. At the time of the commission of the offense
o Exempted from criminal liability (Article 12.1)
2. At the time of trial
o Trial suspended until he recovers reason (Article 12.1)
3. At the time of final judgment
o Personal penalty is suspended.
4. While serving sentence
o Personal penalty is suspended.

Article 80. Suspension of sentence of minor delinquents.
Whenever a minor of either sex, under sixteen years of age at the
date of the commission of a grave or less grave felony, is accused
thereof, the court, after hearing the evidence in the proper
proceedings, instead of pronouncing judgment of conviction, shall
suspend all further proceedings and shall commit such minor to the
custody or care of a public or private, benevolent or charitable
institution, established under the law for the care, correction or
education of orphaned, homeless, defective, and delinquent children,
or to the custody or care of any other responsible person in any other
place subject to visitation and supervision by the Director of Public
Welfare or any of his agents or representatives, if there be any, or
otherwise by the superintendent of public schools or his
representatives, subject to such conditions as are prescribed
hereinbelow until such minor shall have reached his majority or for
such less period as the court may deem proper.(As amended by
Republic Act No. 47.)

The court, in committing said minor as provided above, shall take into
consideration the religion of such minor, his parents or next of kin, in
order to avoid his commitment to any private institution not under
the control and supervision of the religious sect or denomination to
which they belong.

The Director of Public Welfare or his duly authorized representatives
or agents, the superintendent of public schools or his representatives,
or the person to whose custody or care the minor has been
committed, shall submit to the court every four months and as often
as required in special cases, a written report on the good or bad
conduct of said minor and the moral and intellectual progress made
by him.
The suspension of the proceedings against a minor may be extended
or shortened by the court on the recommendation of the Director of
Public Welfare or his authorized representatives or agents, or the
superintendent of public schools or his representatives, according as
to whether the conduct of such minor has been good or not and
whether he has complied with the conditions imposed upon him, or
not. The provisions of the first paragraph of this article shall not,
however, be affected by those contained herein.

If the minor has been committed to the custody or care of any of the
institutions mentioned in the first paragraph of this article, with the
approval of the Director of Public Welfare and subject to such
conditions as this official in accordance with law may deem proper to
impose, such minor may be allowed to stay elsewhere under the care
of a responsible person.

If the minor has behaved properly and has complied with the
conditions imposed upon him during his confinement, in accordance
with the provisions of this article, he shall be returned to the court in
order that the same may order his final release.


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In case the minor fails to behave properly or to comply with the
regulations of the institution to which he has been committed or with
the conditions imposed upon him when he was committed to the care
of a responsible person, or in case he should be found incorrigible or
his continued stay in such institution should be inadvisable, he shall
be returned to the court in order that the same may render the
judgment corresponding to the crime committed by him.

The expenses for the maintenance of a minor delinquent confined in
the institution to which he has been committed, shall be borne totally
or partially by his parents or relatives or those persons liable to
support him, if they are able to do so, in the discretion of the court:
Provided, That in case his parents or relatives or those persons liable
to support him have not been ordered to pay said expenses or are
found indigent and cannot pay said expenses, the municipality in
which the offense was committed shall pay one-third of said
expenses; the province to which the municipality belongs shall pay
one-third; and the remaining one-third shall be borne by the National
Government: Provided, however, That whenever the Secretary of
Finance certifies that a municipality is not able to pay its share in the
expenses above mentioned, such share which is not paid by said
municipality shall be borne by the National Government. Chartered
cities shall pay two-thirds of said expenses; and in case a chartered
city cannot pay said expenses, the internal revenue allotments which
may be due to said city shall be withheld and applied in settlement of
said indebtedness in accordance with section five hundred and eightyeight of the Administrative Code. (As amended by Com. Act No. 99)

POINTS

I. The Provisions Of Article 80 Have Been Repealed By Chapter 3 Of
Presidential Decree No. 603, As Amended By The Provisions Of
Republic Act No. 9344
Republic Act No. 9344:

Child below 18
Child in Conflict with the Law alleged/accused
of/adjudged as having committed an offense under
Philippine Laws.
Presidential Decree No. 603
o Youthful Offender child/minor/youth, above 9 but
below 18, at the time of the commission of the offense.
o
o


II. Minimum Age Of Criminal Responsibility
15 years old and below exempt from criminal liability.
Above 15, below 18 exempt from criminal liability but with
intervention program (but if acted with discernment, he will be
subjected to a diversion program).

III. Intervention Program (Presidential Decree No. 603)
Custody child must be released to parents, guardian or
nearest relative. Absence thereof, duly registered
nongovernmental or religious organizations, barangay official
or a member of the Barangay Council for the Protection of
Children, Department of Social Welfare and Development.
Appropriate programs Created in cooperation with the local
social and welfare development officer.
Involuntary commitment if the child is abandoned,
neglected or abused.

IV. Diversion Programs For Children Above 15 And Below 18 Who
Acted With Discernment (Article 13.2)
The child will undergo trial pursuant to the provisions of the
Rules of Court.

A. Automatic Suspension Of Sentence Under Republic Act No. 9344
When a child under 18 at the time of the commission of the
crime is found guilty of the offense, the court will determine
any civil liability, which may have resulted from the offense.


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However, instead of pronouncing judgment of conviction, the


court will place the child under a suspended sentence, without
need of application.
Provided that suspension of sentence shall be applied even if
the juvenile is already 18 or more at the time of the
promulgation of the sentence.
Even if minor is charged with a heinous crime, he is still entitled
to suspension of conviction. Republic Act No. 9344 does not
distinguish.


B. Suspension Of Sentence Lasts Only Until The Child In Conflict With
The Law Reaches 21 Years Old
Max age 21 years old.
Involves Restoration, Rehabilitation, Reintegration
What matters is that the offender committed the offense when
he/she was still of tender age, not his/her age during
conviction. Thus, a 25-year-old man may still be sentenced to a
diversion program if he acted with discernment when he
committed the crime when he was 17 years old.

V. COURT PROCEEDINGS
1. Bail
o Consider the privileged mitigating circumstance of
minority (Article 68).
2. Release on Recognizance
o Detained child:
Released on recognizance to parents
Release of Child in Conflict with Law with bail
Transfer of youth to rehab center
3. Detention of the Child Pending Trial
o May be released on BAIL or RECOGNIZANCE
o Institutionalization/Detention last resort and with
the shortest possible time.

Youth detention home if detention is necessary


absent, Department of Social Welfare and
Development or local rehabilitation center within court
jurisdiction.
Diversion Measures
o If max is imprisonment of not more than 12 years
(regardless of fine if any) court will determine
whether or not diversion is appropriate even before
arraignment. This usually applies when the child has
committed a heinous crime.
o If the parents cannot afford to pay for a diversion
program, the government will shoulder the expenses
(1/3 each for the local or municipal, provincial, and
national government).
Discharge of the Child in Conflict with the Law
o Upon recommendation of social worker, the court shall
dismiss the case against the child.
o Final discharge of the child ordered if the objective of
the disposition measures have been fulfilled.
o These will not affect the civil liability of the child.
Return of the Child in Conflict with the Law to Court
o If disposition measures not fulfilled or child didnt want
to comply, child returned to Court for judgment.
o If child has reached 18, Court will determine
Discharge
Execute sentence
Suspend sentence for a time or until child turns
21.
o In turn, the child can appeal the case to a higher court.
Credit in Service of Sentence
o Full time spent in actual commitment and detention.
Probation as an Alternative to Imprisonment
o After conviction and sentence a child in conflict with
the law, the court may place the child under probation
o

4.

5.

6.

7.
8.


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in lieu of service of the sentence taking into
consideration the best interests of the child.
Probation Law of 1976 is amended accordingly.

o

VI. Rehabilitation & Reintegration
1. Objective of Rehabilitation & Reintegration
o Intervention, approaches, strategies to improve their
social functioning Reintegration into families,
productive members of the community.
2. Court Order required before receiving a child in a
rehabilitation facility
o Details shall be entered into a register
o Must be complied with strictly
3. Separate facilities from adults
o Separated from adults unless from same family
o Home environment simulated for comfort
4. Female children
o Personal needs and problems attended to by female
doctors, officers, and social workers
5. Care and maintenance of the Child in Conflict with the Law
o See paragraph 8
o Flow of financial responsibility:
o Parents/people liable for support (whole or in part)
o If #1 cannot pay:
Municipality (1/3)
Province where municipality is located (1/3)
National Government (1/3)
o Note:
If Secretary of Finance says the municipality
cant pay, the National Government shall pay
(2/3)
Chartered cities shall pay (2/3) of the expenses.
If it cannot pay, then the internal revenue
allotments for that city shall be suspended and

6.

7.

8.
9.

the money to be paid to the city shall be used


for the citys payments for the maintenance of
the confinement of the Child in Conflict with
the Law, pursuant to Section 588 of the AC.
Confinement of convicted children in agricultural camps and
other training facilities
o Confinement to such may be done by the court in lieu
of confinement in a regular penal institution
o Such to be maintained by the Bureau of Corrections in
coordination with the Department of Social Welfare
and Development.
Rehabilitation of Children in Conflict with the Law
o Children in conflict with the law whose sentences are
suspended, my undergo any or a combination of
disposition measures best suited to the rehab and
welfare of the child (SC Rule on Juveniles in Conflict
with the Law)
o Community-based rehab child shall be released to
parents. Guardians, relatives, or any other responsible
person in the community. Under the supervision and
guidance of the local social welfare and development
officer (and in coordination with the abovementioned
people), the child in conflict with the law shall
participate in community-based programs
o Based on progress, a final report shall be forwarded to
the local social welfare and development to be
assessed by the court for final disposition of the case
Youth Rehabilitation Center
o 24-hour group care with trained staff.
o Final report to be mdade, as well
Civil liability of Youthful Offenders
o Automatic:
Father, if not
Mother, if not


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Guardian
o Voluntary:
Relative
Family friend
10. Liability of parents or guardian or any person in the
commission of delinquent acts by their children or wards
o A person whether the parent/guardian of the child or
not, knowingly or willfully,
Aids, causes, abets, or connives with the
commission by a child of a delinquency
Does any act producing, promoting, or
contributing to a childs being or becoming a
juvenile delinquent P 500 / imprisonment <
2 years OR both at courts discretion
11. Confidentiality of records and proceedings
o Privileged and confidential.
o Public shall be excluded during the proceedings.
o Records shall not be disclosed directly or indirectly to
anyone by any of the parties/participants for any
purpose EXCEPT to determine the possible suspension
of the child in conflict with the law may have pursuant
to the Probation Law of 1976.
o Component authorities shall undertake all measures to
protect the confidentiality of proceedings.
o Separate police blotter for cases involving children in
conflict with the law.
o Adoption of a system of coding to conceal material info
leading to childs identity.
o A person who has been in conflict with the law as a
child shall not be held under any provision of law, to be
guilty of perjury or of concealment or
misrepresentation by reason of his/her failure to
acknowledge the case or recite any fact related in

response to any inquiry made to him/her for any


purpose.
Presidential Decree No. 1179 shall not apply to those
convicted of an offense punishable by death or life
imprisonment.


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