Long Quiz Reviewer (Article 21-75 and indeterminate and probation laws) Article 21 Penalties that maybe imposed

No felony punishable by penalty if no law prior to its commission Can only be invoked when person no penalty prescribed by law Act of commission or omission cannot be punished by state if at time it was committed there was no law prohibiting it Subsidiary penalty not imposed if not prescribed by law prior to its commission Article 22 Retroactive effect of penal laws -applies to imprisonment only -favor person guilty of felony -not habitual criminal Not applicable to provisions of RPC Applicable to 1. Penal laws prior to RPC 2. Laws enacted subsequent to RPC, penalty favorable to accused Criminal laws prospective effect except if retroactive effect when favorable to the accused Giving law retroactive effect if unfavorable to accused will violate constitutional inhibition to ex post facto laws Favorable retroactive effect 1. crime committed and prosecution begins 2. sentence passed but service not begun 3. sentence being carried out not habitual criminal if not a multi-recidivist (Art 62 Rule 5, RPC Art 10 definitions) Not applicable to civil liability Exceptions 1. if new law inapplicable Criminal liability under former law obliterated when repeal is absolute Criminal liability under repealed law subsists 1. provisions of former law are reenacted 2. repeal by implication 3. saving clause

No retroactive effect of penal laws as regards to jurisdiction of court. Article 23 Effect of pardon by offended party - does not extinguish criminal action except in Art 344 - civil liability extinguished by express waiver 2 classes of injury 1. social injury 2. personal injury Art 24 Measures of prevention or safety which are not considered penalties 1. a. arrest and temporary detention of accused b. detention due to insanity, imbecility or illness requiring confinement in a hospital 2. commitment of minor to any institutions in Article 80 3. Suspension from employment or public office during trial or in order to institute proceedings 4. Fines and other corrective measures -imposed by superior officials to subordinates -upon exercise of their administrative/disciplinary powers 5. Deprivation of rights and reparations These are not penalties because they are not imposed as result of judicial proceedings. Article 25 Penalties which may be imposed Scale Principal penalties Capital punishment 1. Death Afflictive penalties 1. Reclusion perpetua 2. Reclusion temporal 3. Perpetual/temporary absolute disqualification 4. Perpetual/temporary special disqualification 5. Prision mayor Correctional penalties 1. Prision correccional 2. Arresto mayor 3. Suspension 4. Destierro

Light penalties 1. arresto menor 2. public censure Penalties common to three preceeding classes 1. Fine 2. Bond to keep the peace Accessory penalties 1. perpetual/temporary absolute disqualification 2. perpetual/temporary special disqualification 3. Suspension from public office, right to vote, be voted, profession, calling 4. civil interdiction 5. Indemnification 6. Forfeiture/confiscation of instruments and proceeds 7. Payment of cost Reclusion perpetua At least 30 years then convict eligible for pardon Has accessory penalties Life imprisonment RPC do not prescribe duration No accessory penalties

Principal penalties- expressly imposed by court Accessory penalties- deemed included Divisibility 1. Divisible-fixed duration and divisible into 3 periods 2. indivisible Indivisible penalties 1. Death 2. Reclusion perpetua 3. Perpetual absolute or special disqualification 4. Public censure Classification as to subject-matter 1. corporal (death) 2. Deprivation of freedom (reclusion, prision, arresto) 3. Restriction of freedom (destierro) 4. Deprivation of rights (disqualification and suspension) 5. Pecuniary (fine) Classification as to gravity 1. Capital 2. Afflictive 3. Correctional

4. Light Article 26 Fine 1. Afflictive- over P6000 2. Correctional- P200- P6000 3. Light- less than P200 Bond to keep peace 1. Afflictive- over P6000 2. Correctional- P200-P6000 3. Light- less than P200 Article Duration 1. Reclusion perpetua- 20 yrs and 1day to 40 yrs 2. Reclusion temporal- 12 yrs and 1 day to 20 yrs 3. prision mayor and temporary disqualification- 6 yrs and 1 day -12 yrs - if has accessory penalty- duration that of principal penalty 4. Prision correccional, suspension and destierro -6 mo and 1 day- 6 yrs -if accessory penalty- duration that of principal penalty 5. arresto mayor- 1 mo and 1 day- 6 mo 6. arresto menor- 1-30 days 7. Bond to keep peace- court determines this Destierro imposed in: 1. serious physical injuries or death under exceptional circumstances (Art 247) 2. Failure to give bond for good behavior 3. Penalty for concubine in concubinage 4. after reduction of penalty by one or more degrees destierro is proper penalty Article 28 computation of penalties 1. When offender in prison- from day judgment becomes final 2. Offender not in prison- placed at disposal of judicial authorities for enforcement of penalty 3. duration of other penalties- commence to serve sentence Temporary penalties 1. Temporary absolute disqualification 2. Temporary special disqualification 3. Suspension Rules in temporary penalties 1. preventive imprisonment- Rule no 1

2. not under detention, released on bail- Rule 3 Deprivation of liberty 1. Imprisonment 2. Destierro Rules in deprivation 1. not in prison- Rule 2 2. Preventive imprisonment- Rule 3 Article 29 period of preventive imprisonment deducted from term of imprisonment Except 1. recidivists 2. summoned for execution of sentence and they failed to surrender voluntarily Article 34 Effects of civil interdiction 1. deprivation of right to parental authority or guardianship 2. deprivation of right to marital authority 3. deprivation of right to manage property and dispose thereof by any act inter vivos. Can dispose property by will or donation mortis causa. Article 35 Bond to keep the peace a. offender must present 2 sufficient sureties who shall undertake that offender shall not commit act to be prevented. Failure to do so will render him to pay amount determined by court b. offender must deposit amount to the office of the clerk of court c. failure to do letter, offender will be detained for not more than 6 months for grave and less grave felony and not more than 30 days for light felony Bond to keep the peace For good behavior Penalty for grave threats Article 36 Effects of pardon 1. does not restore right to public office/suffrage unless specifically stated in terms of pardon 2. not except culprit from payment of civil indemnity Limitations 1. only after conviction 2. does not extend to cases of impeachment Pardon by chief executive Pardon by offended party Bail bond Secure provisional release of an accused person after his arrest or during trial but before final judgment of conviction

Extinguishes criminal liability of offender Cannot waive civil liability After conviction and extended to any of offenders

Not extinguish criminal liability Waive civil liability Before institution of criminal prosecution and extended to both offenders

Article 37 Cost includes: 1. fees 2. indemnities in course of judicial proceedings Article 38 Pecuniary liabilities 1. reparation of damage caused 2. indemnification of consequential damages 3. fine 4. cost of proceedings applicable only in cases property of offender insufficient Article 39 subsidiary penalty- to be suffered by convict who has no property To meet fine at rate of one day for each P8. (note P8 no longer material, minimum wage already) Judgment of conviction must impose subsidiary imprisonment 1. Principal penalty imposed be prision correccional or arresto mayor and fine- remain under confinement until fine satisfied -subsidiary imprisonment shall not exceed 1/3 of term of sentence -not continue for more than 1 yr, no fraction/part counted against prisoner 2. Principal penalty -imposed only a fine -subsidiary imprisonment not exceed six months if grave or less grave felony and not exceed 15 days if for a light felony 3. Principal penalty higher than prision correccional - no subsidiary imprisonment shall be imposed upon culprit 4. Principal penalty imposed not executed by confinement in a penal institution- same deprivations of principal penalty Rule 1-3 apply 5. subsidiary personal liability which convict may have suffered by reason of his insolvency shall not relieve him from the fine in case his financial circumstances should improve Subsidiary imprisonment under special law

1. court merely imposes a fine, subsidiary liability shall not exceed 6months at rate of one day of imprisonment for every P2.50. 2. both fine and imprisonment imposed, subsidiary liability shall not exceed 1/3 of term of imprisonment and in no case shall it exceed 1 yr. 3. in case imprisonment is for more than 6 yrs in addition to a fine, there shall be no subsidiary imprisonment. 4. Fine imposed for violation of any municipal ordinance or ordinances of City of Manila- rate is 1 day for every P1 until fine is satisfied Article 41 Reclusion perpetua and reclusion temporal Accessory penalties 1. civil interdiction for life or during sentence 2. perpetual absolute disqualification, unless remitted in pardon of principal penalty Article 45 Confiscation and forfeiture of proceeds or instruments of crime 1. every penalty imposed for commission of felony- forfeiture of proceeds of crime and instruments or tools used in commission of crime 2. confiscation and forfeited in favor of government 3. property of 3rd person not liable for offense is not subject to confiscation and forfeiture 4. property not subject of lawful commence (whether it belongs to accused or to 3rd person) shall be destroyed Article 46 Penalty imposed upon principals in general for consummated felony only Attempted- 2 degrees lower Frustrated- 1 degree lower Accomplice- 1 degree lower Accessory- 2 degrees lower Article 48 Penalty for complex crimes - penalty for the most serious crime at its maximum period This is favorable to the accused because instead of aggregating/totaling duration of penalties of all the crimes, you will just get penalty for most serious crime at its maximum period 2 kinds of complex crimes 1. compound crimes 2. complex crime proper Requisites of compound crimes 1. single act of offender 2. produced any of the following

a. 2 or more grave felonies b. 2 or more less grave felonies c. 1 or more grave felonies and 1 or more grave felonies Requisites of complex crime proper 1. at least 2 offenses committed 2. one or some of offenses necessary to commit the other 3. both or all offenses punished under same statute Article 49 Penalties for Article 4 paragraph 1 1. committed> intended- penalty for intended at max will apply 2. committed< intended- penalty for committed at max will apply 3. committed plus additional attempted/frustrated- penalty for attempted or frustrated at max Article 61 Penalties scale 1. Death 2. Reclusion perpetua 3. reclusion temporal 4. prision mayor 5. prision correccional 6. arresto mayor 7. destierro 8. arresto menor 9. public censure 10. fine Indivisible penalties 1. Death 2. reclusion perpetua 3. public censure Rules for attempted/frustrated/accomplice/accessory 1. single and indivisible- penalty next lower in degree Number 2 no longer applied 2. 1 or 2 indivisible and max period of divisible -penalty next lower min and med and max period for the immediately ff. 3. penalty several periods - next lower and min of next ff 4. Courts apply by analogy Article 62 Aggravating and mitigating and habitual delinquency

1. aggravating- higher penalty 2. mitigating- lesser penalty 3. habitual delinquency- higher penalty + additional penalty 3rd time offender- additional penalty of prision correccional medium and maximum 4th time offender- prision mayor minimum and medium 5th time offender- prision mayor maximum to reclusion temporal min Article 63 Indivisible penalties a. 1 aggravating- greater penalty b. 1 mitigating- lesser penalty c. Neither aggravating nor mitigating- lesser penalty d. Both- court offsets Article 64 1. neither aggravating nor mitigating- medium 2. mitigating- minimum 3. aggravating- maximum 4. both- offset 5. 2 or more mitigating- next lower penalty 6. 2 or more aggravating- not greater than max 7. courts discretion of penalty-within limits depending on nature of aggravating and mitigating and extent of evil Article 65 Duration of penalties Prision mayor 6 yrs and 1 day to 12 yrs 12-6= 6 yrs 6/3= 2 yrs Add 2 years each Therefore: minimum= 6yrs and 1 day to 8 yrs Medium= 8 yrs and 1 day to 10 yrs Maximum= 10 yrs and 1 day to 12 yrs Article 66 imposition of fines court may fix amount within limit established by law depending on aggravating/mitigating circumstances present and wealth and means of culprit or offender Article 67 Penalty if not all requisites of Paragraph 4 Article 12 present

Grave felony= arresto mayor max to prision correccional min Less Grave felony= arresto mayor min and medium Article 68 Penalty imposed on minor partly repealed by RA 9344 1. 9-15 acted with discernment- always 2 degrees lower 2. 15-18- penalty next lower but in proper period Probation alternative to imprisonment Article 69 Penalty for crime not wholly excusable Privilege and ordinary mitigating- depending on conditions present or lacking Article 70 Successive service sentence 1. culprit has to serve 2 or more penalties, serve them simultaneously if nature of penalties will permit 2. order of severity followed a. Death b. Reclusion perpetua c. Reclusion temporal d. Prision mayor e. Prision correccional f. Arresto mayor g. Arresto menor h. Destierro i. Perpetual/temporary absolute disqualification j. Perpetual/temporary special disqualification k. Suspension l. Public censure Penalties than can be simultaneously served a. Perpetual absolute disqualification b. Perpetual special disqualification c. Temporary absolute disqualification d. Temporary special disqualification e. Suspension f. Destierro g. Public censure h. Fine and bond to keep the peace i. Civil interdiction j. Forfeiture and payment of cost Max duration of convicts sentence not more than 3 times length of time corresponding to most severe penalties imposed upon him

Systems of penalty 1. material accumulation- unlimited 2. juridical- limited 3. absorption- lesser absorbed by grave Article 71 Graduated scales Scale 1 1. death 2. reclusion perpetua 3. reclusion temporal 4. prision mayor 5. prision correccional 6. arresto mayor 7. destierro 8. arresto menor 9. public censure 10. fine Scale 2 1. Perpetual/temporary absolute disqualification 2. perpetual/temporary special disqualification 3. Suspension 4. public censure 5. fine metropolitan and municipal courts can impose destierro not only applied specifically by law Article 72 Preference of payment of civil liabilities -follow chronological order of dates of final judgment Article 73 Presumption to imposition of accessory penalties under Art 40-45 Deemed imposed; court need not expressly imposed state Article 75- increasing or reducing fine One or more degrees 1 fourth of max Without changing min Example: P200-P2000 consummated 2000/4= 500 200-P1500= frustrated 200-P1000= attempted

Indeterminate Sentence Law Not applicable in penalties not exceeding 1 yr 1. persons convicted of offenses punished with death penalty or life imprisonment 2. convicted of treason, conspiracy or proposal to commit treason 3. those convicted of misprision of treason, rebellion, sedition or espionage 4. convicted of piracy 5. habitual delinquents/recidivist 6. escaped from confinement or evaded sentence 7. violated terms of conditional pardon by Chief Executive 8. Max term of imprisonment not exceed 1 yr 9. those upon approval of law sentenced by final judgment 10. Destierro or suspension If punishable by special law Ex 5-10 yrs 5 yrs and 6 mo- 8 yrs Not less than min not more than max Probation All are entitled except 1. penalty exceed 6 yrs 2. crimes against national security 3. previously convicted of an offense within 15 day period for appeal- probation application what will happen after probation- release on recognizance 2 mandatory conditions- 2hrs report to probation officer and once a month report 3 cases deny probation 1. correctional treatment for accused 2. unjurist- he can commit crime 3. depreciate seriousness of offenses Probation end depends on penalty 1. if not exceed 1 yr- 2 yrs 2. id more than 1 yr- 6 yrs