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T h e R ev ev i s e d P e n a l C o d e o f t h
(18 Edition - Reyes 2012)
P r e l i m i n a r y A r t i c l e — T h i s l a w s h a l l b e "Th e Revised Penal Code." (Act
Criminal Law – – a branch or division of law which defines crimes, nature, and provides for their punishment.
BOOK ONE
Crime – an act committed or omitted in violation a public law forbidding it or commanding it. Mala In Se - acts or omissions that are inherently criminal. (e.g.: theft, rape, homicide, etc.) [Violations of the RPC]
GENERAL PROV ISIONS ISIONS REGARDING THE DATE OF APPL ICATION OF THE PROVISIONS PROVISIONS OF THIS COD THE OFFENSES, THE PERSONS LIABL E AND Preliminary Title
Mala Prohibita - acts made criminal because there is a law prohibiting it. (e.g. illegal possession of firearms) [Violations of Special Laws] Sources of Philippine Criminal Law: 1) Revised Penal Code (Act No. 3815) 2) Special Penal Laws 3) Penal Presidential Decrees (Martial Law Era)
DATE OF EFFECTIVENESS AND APPL THE Sign up to OF vote onPROVISIONS this title OF THIS CO
A r t . 1 T i m eUseful w h e n A c t t a kNot e s e useful ffect - This Cod e shal 1932.
Theories in Criminal Law: (PUCE)
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1 . Sh Sh o u l d c o m m i t a n o f f e n s e w h i l e o n a P h i l i p p i n e s h i p o r a i r s h i p ;
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Jurisdictio nal Rules aboard merchant vessels in ter c o u n t r i e s (foreign vessels in Philippine seas or Philip
2 . Sh Sh o u l d f o r g e o r c o u n t e r f e i t an an y c o i n o r c u r r e n c y n o t e o f t h e P h i l i p p i n e Is Is l a n d s o r o b l i g a t i o n s a n d s e c u r i t i e s i s s u e d b y t h e G o v e r n m e n t of the Philippine Islands;
seas):
3 . S h o u l d b e l i a b l e f o r a c t s c o n n e c t ed ed w i t h t h e i n t r o d u c t i o n i n t o t h e s e i s l an an d s o f t h e o b l i g a t i o n s a n d s e c u r i t ie ie s m e n t i o n e d i n t h e p r e c e d i n g number;
b) English Rule – location – location of the crime unless relates of the vessel. (Adopted by the Philippines)
a) French Rule – Rule – nationality nationality of the vessel unless it viola
I n t e r n a t i o n a l T h e o r i e s o n A e r i a l J u r i s d i c t i o n: 4 . W h i l e b e i n g p u b l i c o f f i c e r s o r e m p l o y e es es , s h o u l d c o m m i t a n offense in the exercise of their functions; or 5 . Sh Sh o u l d c o m m i t a n y c r i m e s a g a i n s t t h e n a t i o n a l s e c u r i t y a n d t h e law of nations, defined in Title One of Book Two of th is Code. Characteristics of Criminal Law:
a) Free Zone Theory – – atmosphere over the country protection of national security and public order.
b) Relative Theory – Theory – exercises exercises jurisdiction only up to th
Sign up to vote on this title
c) Absolute Theory – Theory – Philippine Philippine Criminal Law will gove Useful Not useful within its territory. (Adopted by the Philippines)
1) GENERALITY (WHO?)
GR: The penal law is binding on all persons who live and sojourn in Philippine
Par. 2 – – Forging/Counterfeiting Coins or Currency N Securities of the Philippines even if committed abroad.
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Crimes against the law of nations: a) Inciting to war or giving motives for reprisals (A.118) b) Violation of neutrality (A.119) c) Correspondence with hostile country (A.120) d) Flight to enemy‘s country (A.121) e) Piracy in general and mutiny on the high seas or in Philippine waters Note: Crimes against public order (e.g., rebellion, coup d ’état, sedition) committed abroad is under the jurisdiction of the host country. Terrorism is now classified as a crime against national security and the law of nations. (See R.A. 9372, otherwise known as Human Security Act of 2007).
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There is deceit when the act is performed t h e r e i s f a u l t w h e n t h e w r o n g f u l a c t r es u l t s f r o m i m lack of foresigh t, or lack of skill.
Offense - crime punished under a special law is called a Misdemeanor – a minor infraction of the law such as a
Act – any external bodily movement with the direct intent
Felony - refers only to violations of the Revised Penal Co Elements of felonies:
3) PROSPECTIVITY (WHEN?)
1) There must be an act or omission Sign on this 2) Theup actto or vote omission musttitle be punishable by law 3) The act is performed or omission incurred by m Useful Not useful
GR: A penal law cannot make an act punishable if it was not yet punishable during the time of commission of the crime. (No Ex post facto Law). Ex: When there is a new law more lenient or favorable to the accused, it can give a retroactive effect.
Omission - failure to perform a duty required by law.
Ex to the Ex: a) The new law is expressly made inapplicable to pending actions
Punishable omissions in the RPC:
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a) Intent which is a mental process presupposes the exercise of freedom and the use of intelligence. b) If an act is proven to be unlawful, then intent will be presumed prima facie (first encounter). c) An honest mistake of fact destroys the presumption of criminal intent which arises from the commission of a felonious act. Criminal intent – is a voluntary mental state shown by the overt (done openly) unlawful acts of a person. General vs. Specific Intent: In some particular felonies, proof of specific intent is required. In certain crimes against property, there must be intent to gain (Art. 293 – robbery, Art 308 – theft). Intent to kill is essential in attempted and frustrated homicide (Art 6 in relation to Art 249), as well as in murder. In forcible abduction (Art. 342), specific intent of l ewd designs must be proved. Mens Rea - the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused. Actus me invito factus non est meus actus – an act done by me against my will is not my act.
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2. By any person performing an act which against persons or pro perty, were it not for the inhe accomplishment or an account of the employm ineffectual means.
El que es causa de la causa es causa del mal cau which means: "He who is the cause of the cause is the ca A person is still criminally liable even if: Error in personae – mistake in identity. What is the legal effect of error in personae?
a) if same crime results, liable for the same crime Sign up to vote this title b) if different crimeon results, apply Art. 49 - penal maximum period Useful Not useful
Aberratio ictus - mistake in the blow; when offender inte one person actually inflicts it on another
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Chief Executive that said act be made subject of penal legislation and the reasons therefore. b. Where the court after trial finds the accused guilty, and the penalty prescribed for the crime appears too harsh considering the conditions surrounding the commission of the crime, the judge should impose the law (not suspend the execution of the sentence). The most that he could do is recommend to the Chief Executive to grant executive clemency.
A r t . 6 . C o n s u m m a t e d , f r u s t r a t e d , a n d a t t e m p t e d f e l o n i e s . — C o n s u m m a t e d felonies as well as those which are frustrated and attempted are punishable. A felony is consu mmated wh en all the elements necessary for its e x e c u t i o n a n d a c c o m p l i s h m e n t a r e p r e s en t ; a n d i t i s f r u s t r a t e d w h e n t h e o f f e n d e r p e r f o r m s a l l t h e a c t s o f e x e c u t io n w h i c h w o u l d p r o d u c e t h e f e l o n y a s a c o n s e q u e n c e b u t w h i c h , n e v e r th e l e ss , d o n o t p r o d u c e i t b y r e a s o n o f causes independ ent of the will of the perpetrator.
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A r t . 7 . W h e n l i g h t f e l o n i e s a r e p u n i s h a b l e . — L i g h t f only when they have been consummated, with th committed against person or property.
Light felonies – light, insignificant moral or material Arresto Menor (imprisonment of 1 day to 30 days).
Art. 8. Conspiracy and proposal to commit felon proposal to commit felony are punishable only in t law specially prov ides a penalty therefor.
A conspiracy exists when two or more a g r e em e n t c o n c e r n i n g t h e c o m m i s s i o n o f a f e l o n y a n
Sign up to vote on this title T h e r e is p r o p o s a l w h e n t h e p e r s o n w h o
ha f e l o n y p r o pUseful o s e s i t s e x e c uNot t io n useful to some other person o
Conspiracy and proposal to commit felony in general are since they are only preparatory acts, except when provide
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Criminal Law Book1
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Chap ter Two - JUSTIFYING CIRCUMSTANCES AND CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIAB ILITY
5 . A n y p e r s o n w h o a c t s i n t h e f u l f i l lm e n t o f exercise of a right or office.
Imputability – is the quality by which an act may be ascribed to a person as its author or owner. It implies that the act committed has been freely and consciously done and may, therefore, be put down to the doer as his very own
6. Any person who acts in obedience to superior for some lawful purpose.
Kinds of aggression: Responsibility – is the obligation of suffering the consequences of crime. It is the obligation of taking the penal and civil consequences of the crime. Imputability distinguished from responsibility – while imputability implies that a deed may be imputed to a person, responsibility implies that the person must take the consequences of such a deed.
Unlawful aggression – actual physical assault, threat offensive and positively strong. Lawful aggression – the fulfillment of a duty or exercise Types of Peril:
Guilt – is an element of responsibility, for a man cannot be made to answer for the consequences of a crime unless he is guilty.
up to must vote be onpresent this title Actual –Sign the danger and in existence.
Useful
Not useful
Imminent – the danger is on the point of happening. Art. 11. Justifying circumstances (lack of criminal intent) — T h e f o l l o w i n g d o n o t i n c u r a n y c r i m i n a l l i a b i l it y :
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Insanity subsequent to commission of crime is not exempting Feeblemindedness is not imbecility. It is necessary that there is a complete deprivation of intelligence in committing the act, that is, the accused be deprived of reason, that there is no responsibility for his own acts; that he acts without the least discernment; that there be complete absence of the power to discern, or that there be a complete deprivation of the freedom of the will. (People vs. Formigones). Cases covered under this article: (1) Dementia praecox ( precocious madness) (2) Kleptomania: if found by a competent psychiatrist as irresistible (3) Epilepsy (4) Somnambulism: sleep- walking (People vs. Taneo) (5) Malignant malaria: which affects the nervous system 2. A person un der fifteen years of age.
RA 9344, Sec. 6: Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act.
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Under Article 12, paragraph 4, the offender is exempt no also from civil liability. 5. Any person who act under the compulsion
Elements:
1) The compulsion is by means of physical force. 2) That the physical force must be irresistible. 3) The physical force must come from a third pers
Note: Before a force can be considered to be an irresistib such an effect on the individual that, in spite of all resista mere instrument and, as such, incapable of committi to vote on this title RevisedSign Penalup Code)
Useful Not useful 6. Any person who acts under the impulse of of an equal or g reater injury.
Requisites:
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(1) Self-defense (Art. 11, par. 1) (2) Defense of relatives (Art. 11, par. 2) (3) Defense of strangers (Art. 11, par. 3) (4) State of necessity (Art. 11, par. 4) (5) Performance of duty (Art. 11, par. 5) (6) Obedience to the order of superiors (Art. 11, par. 6) (7) Minority over 15 years of age but below 18 years of age (Art. 12, par. 3) (8) Causing injury by mere accident (Art. 12, par.4) (9) Uncontrollable fear (Art. 12 par. 6)
d. Incomplete exempting circumstance of accident: Requisites under par. 4 of Art. 12:
1) A person is performing a lawful act 2) With due care 3) He causes an injury to another by mere accide 4) Without fault or intention of causing it
There is NO SUCH MITIGATING CIRCUMSTANCE beca
a. Incomplete self-defense, defense of relatives, defense of stranger
Sign vote on this If the up 2ndto requisite and 1sttitle part of the 4th requis will Useful fall under Art. 365 which punishes reckless im Not useful If the 1st requisite and 2nd part of the 4th re an intentional felony (Art. 4, par. 1).
Incomplete justifying c ircumstances:
2) That the injury caused or offense commi consequence of the due performance of such du of such right or office.
1 . T h o s e m e n t i o n e d i n t h e p r e c e d i n g c h a p t e r , w h e n al l t h e requisites necessary to justify or to exempt from c riminal liability in the respective cases are not attendant.
The circumstances of justification or exemption which may give place to mitigation, because not all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are attendant, are the following:
US v Ah Chong (Digest)
Incomplete exempting circumstance of uncontrollable fea
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Legal effects of various ages of offenders: 1. 15 and below - Exempting 2. Above 15 but under 18 years of age, also an exempting circumstance, unless he acted with discernment (Art. 12, par. 3 amended by RA 9344). 3. Minor delinquent under 18 years of age, the sentence may be suspended. (Art. 192, PD No. 603 as amended by PD 1179) 4. 18 years or over, full criminal responsibility. 5. 70 years or over – mitigating, no imposition of death penalty; if already imposed. Execution of death penalty is suspended and commuted. Determination of Age – The child in conflict with the law shall enjoy the presumption of minority. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years old or older. The age of a child may be determined from the child's birth certificate, baptismal certificate or any other pertinent documents. In the absence of these documents, age may be based on information from the child himself/herself, testimonies of other persons, the physical appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her favor. Any person contesting the age of the child in conflict with the law prior to
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8. That the offender is deaf and dum b, blind some phy sical defect which thus restricts his means communications with his fellow beings. 9. Such illness of the offender as would d will-power of the offender without however consciousness of his acts.
d
10. And , finally, any other circum stances o analogous to tho se above mentioned.
C h a p t e r F o u r - C I R C U M S T A N C E W H IC H A G G R A V A T E A r t . 1 4 A g g r a v a t i n g c i r c u m s t a n c e . — The Sign up to vote on this title circumstances:
follo
Useful Not useful 1 . T h a t a d v a n t a g e b e t a k en b y t h e o f f e n d e r o f
2 . Th a t t h e c r i m e b e c o m m i t t e d i n c o n t e m p
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9 . T h a t t h e ac c u s e d i s a r e c i d i v i s t . A r e c i d i v i s t i s o n e w h o , a t t h e time of his trial for one crime, shall have been previously con victed by final ju d g m en t o f an o th er cr im e em b ra ce d in th e s am e ti t le of th is Co d e. 10. That the offender has been previously pun ished by an offen se to w h i c h t h e l a w a t t a c h e s a n eq u a l o r g r e a t e r p e n a l t y o r f o r t w o o r m o r e crimes to w hich it attaches a lighter penalty.
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Recidivist – one who at the time of his trial for one previously convicted by final judgment of another crime title of the RPC.
Reiteracion or Habituality – Where the offender has be for an offense to which the law attaches an equal or gr crimes to which it attaches a lighter penalty. This is circumstance.
11. That the crime be commit ted in consideration o f a price, reward, or p romise. 1 2 . T h a t t h e c r i m e b e c o m m i t t e d b y m e a n s o f i n u n d a ti o n , f i r e , poiso n, explosion, stranding o f a vessel or international damag e thereto, derailment of a locomo tive, or by the use of any other artifice involvin g great waste and ruin. 1 3 . Th a t t h e a c t b e c o m m i t t e d w i t h e v i d e n c e p r e m e d i t a t i o n . 1 4 . Th a t t h e c r a f t , f r a u d o r d i s g u i s e b e e m p l o y e d . 1 5 . Th a t a d v a n t a g e b e t a k e n o f s u p e r i o r s t r e n g t h , o r m e a n s b e
A r t 1 5 . A L T E R N A T I V E C I R CU M S T A N C E S . T h e i r c o circumstances are those which must be taken i aggravating or mitig ating accordin g to the nature a and the other conditions attending its commis relationship, intoxication and th e degree o f instructio Sign up to vote on this title offender.
Useful Not useful The alternative circumstance
of relationshi consideration when the offended party is the descendant, legitimate, natural, or adopted b rother
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INTOXICATION
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EX: in the crime of murder with treachery – all the offen that there will be treachery in executing the crime or coop
Mitigating Circumstance if: a) if not habitual; b) if not subsequent to the plan to commit a felony
Conspiracy – Is unity of purpose and intention.
Aggravating Circumstance if: a) if it is habitual – such habit must be actual and confirmed; b) if intentional (subsequent to the plan to commit a felony)
Implied conspiracy – exists when the offenders acted purpose and unity of execution without having a formal ag
DEGREE OF INSTRUCTION AND EDUCATION
Establishment of Conspiracy
Mitigating Circumstance if: Low degree of instruction/education or the lack of it, because he does not fully realize the consequences of his criminal act. Not just mere illiteracy but lack of intelligence. Aggravating Circumstance if: High degree of instruction/education – offender avails himself of his learning in committing the offense.
a. b. c. d. e. f.
EX: (not mitigating) crimes against property, crimes against chastity (rape included), and crime of treason
proven by overt act Not mere knowledge or approval It is not necessary that there be formal agreemen Must prove beyond reasonable doubt ha Conspiracy is implied when the accused Sign united up toinvote on this title were execution. Unity of purpose and Useful Notintention useful in the comm shown in the following cases: 1. Spontaneous agreement at the moment of com 2. Active Cooperation by all the offenders in the p 3. Contributing by positive acts to realization of a
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Principals by Indispensable Cooperation Requisites: 1. Participation in the criminal resolution 2. Cooperation through another act (includes negligence) there is collective criminal responsibility when the offenders are criminally liable in the same manner and to the same extent. The penalty is the same for all. There is collective criminal responsibility when the offenders are criminally liable in the same manner and to the same extent. The penalty is the same for all. There is conspiracy.
individual criminal responsibility when there is no
Distinguish: PRINCIPAL AND CO-CONSPIRATOR As to criminal liability, Principal is limited to his own acts while a co-
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2. he cooperates in the execution by previous intending to give material and moral aid (coopera done, it must also be necessary and not indispen 3. There be a relation between the acts of the p accomplice
A r t . 1 9 . A c c e s s o r i e s . — A c c e s s o r i e s a r e th o s e w h o the commission of the crime, and without having either as principals or accomplices, take par commission in any of the following manners: 1. By profit ing themselves or assisting the o effects of the crim e.
Sign up to vote on this title 2. By con cealing or destroying
t he body of th o r i n s t r u m eUseful n t s t h e r e o f , i n Not o r d euseful r to prevent its discov
3. By harboring, concealing, or assisting principals of the crime, provided the accessory a
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Criminal Law Book1
A r t . 2 0 . A c c e s s o r i e s w h o a r e E X E M P T f r o m c r i m i n a l l i a b i l i t y . — The p e n a l t ie s p r e s c r i b ed f o r a c c e s so r i e s s h a l l n o t b e i m p o s e d u p o n t h o s e w h o are such with respect to their spouses, ascendants, descendants, l e g i t i m a t e , n a t u r a l , an d a d o p t e d b r o t h e r s a n d s i s t e r s , o r r e l a t i v e s b y a f f i n i t y within th e same degrees, with the sing le exception of accessories falling within the pro visions of paragraph 1 of the next preceding article.
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3) accused knows or should have known that said articl the proceeds of #1; 4) there is, on the part of the accused, intent to gain for
Title Three
Basis: Ties of blood and the preservation of the cleanliness of one’s name which compels one to conceal crimes committed by relatives so near as those mentioned.
Penalty – is the suffering inflicted by the State for the tran
EX: Only accessories covered by par 2 and 3 are exempted.
The purpose of the State in imposing penalties is to secur
Accessories are not exempt when they helped a relative-principal by profiting from the effects of the crime, or assisted the offender to profit from the effects of the crime.
Theories Justifying penalty: Exemplarity, and Justice.
Public officer who helped his guilty brother escape does not incur criminal liability as ties of blood constitute a more powerful incentive than the call of duty.
Chapter One - PENALTIES IN GENE
Prevention,
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3
Self
FoldUseful Purpose of Not useful Penalty:
a. Retribution or Expiation – penalty commensurate offense
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time or oftener) is NOT entitled to the benefit of the provisions of the new favorable law. Civil liabilities not covered by Art 22 because rights of offended persons are not within the gift of arbitrary disposal of the State. But new law increasing civil liability cannot be given retroactive effect.
A r t . 2 3 . E f f e c t o f p a r d o n b y t h e o f f e n d e d p a r t y . — A p a r d o n o f t h e o f f e n d ed party does not extingu ish criminal action except as provid ed in Article 344 o f t h i s C o d e ; b u t c i v i l l i a b i l i t y w i t h r e g a r d t o t h e i n t e r e s t o f t h e in j u r e d p a r t y is extinguished by h is express waiver.
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4 . Fi n e s a n d o t h e r c o r r e c t i v e m e a s u r e s w h their administrative disciplinary powers, superior upon their subordinates.
5. Deprivation of rig hts and the reparations w establish in penal form.
C h a p t e r T w o - C L A S S I F IC A T I O N O F P E
EX: Art 344 - crimes of seduction, abduction, rape or acts of lasciviousness – pardon must be expressed. Pardon under Art 344 is only a bar to criminal prosecution. It DOES NOT extinguish criminal liability. It is not one of the causes that totally extinguish criminal liability in Art 89.
A r t . 2 5 . P e n a l t i e s w h i c h m a y b e i m p o s e d . — T h e p imposed according to this Code, and their differe included in the following: Scale PRINCIPAL PENALTIES Sign up to vote on this title C a p i t al p u n i s h m e n t : Death. Useful Not useful
Even if injured party already pardoned the offender – fiscal can still prosecute. Not even considered a ground for dismissal of the information.
Afflictive penalties: Reclusion perpetu a, Reclusion tempo ral, Perpetual
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Indivisible Penalties – those that have no fixed duration.
Accessory Penalties – those that are deemed included in the imposition of the principal penalties.
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A r r e s t o m e n o r . — T h e d u r a t i o n o f t h e p e n a l t y o f a from one d ay to thirty days.
B o n d t o k e e p t h e p e a c e . — T h e b o n d t o k e e p t h e p e a cover such period o f time as the court may determine
Classification according to Subject – matter: Destierro is imposed in the following circumstances: Corporal (death), Deprivation of Freedom (reclusion, prision, arresto), Restriction of Freedom (destierro), Deprivation of Rights (disqualification and suspension), and Pecuniary (fine) Classification according to their gravity: Capital, Afflictive, Correctional, and Light
A r t . 2 6 . W h e n a f f l i c t i v e , c o r r e c t i o n a l , o r l i g h t p e n a l t y . — A f i n e , w h e t h e r impo sed as a single of as an alternative penalty, shall be consid ered an afflictive penalty, if it exceeds 6,000 pesos; a co rrectional penalty, if it do es not exceed 6,000 pesos bu t is not less than 200 pesos; and a light penalty if
a. b. c. d.
Serious physical injuries or death under exceptio Failure to give bond for good behavior Penalty for the concubine In cases where the reduction of the penalty results in destierro
provide Bond to keep the peace is not specifically Sign up to cannot vote on title by the court. It is felony and therefore bethis imposed not to be given in cases involving other crimes. Useful Not useful
Summary:
Perpetual penalties after 30 years, can be par
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computed only from the day on wh ich the defendant commences to serve his sentence.
Director of Prisons/warden to compute based on Art 28: a. When the offender is in prison – the duration of the temporary penalties (PAD, TAD, detention, suspension) is from the day on which the judgment of conviction becomes final. b. When the offender is not in prison – the duration of the penalty in deprivation of liberty is from the day that the offender is placed at the disposal of judicial authorities for the enforcement of the penalty c.
The duration of the other penalties – the duration is from the day on which the offender commences to serve hi s sentence
Reason for rule (a) – because under Art 24, the arrest and temporary detention of the accused is not considered a penalty. If in custody, the accused appealed, the service of the sentence should commence from the date of the promulgation of the decision of the appellate
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a g r e e t o a b i d e b y t h e s a m e d i s c i p l i n ar y r u l e s i m p prison ers, he shall be credited in the service of his s of the time during which he h as undergone preven a m e n d e d b y R e p u b l i c A c t 6 1 2 7, J u n e 1 7 , 1 9 7 0 ). c d i
Whenever an accused has undergone p reve a period equal to or more than the possible maximu o f f e n s e c h a r g ed t o w h i c h h e m a y b e s e n t e n c e d a terminated, he shall be released immediately wit contin uation of the trial thereof or the proceeding o u n d e r r e v i ew . I n c a s e t h e m a x i m u m p e n a l t y t o w h i c sentenced is destierro, he shall be released afte preventive imp risonm ent. (As amended by E.O. No. 2
Prescription Of A Crime – is the loss/forfeiture Signthe upoffender to voteafter on this title of a certain time. to prosecute the lapse Useful Not useful Prescription Of Penalty - means
the loss/fo government to execute the final sentence after the lapse
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US v Ah Chong (Digest)
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Temporary absolute disqualification is effective during the term of sentence and is removed after the service of the same.
1. 2.
Deprivation of the right to vote or to be e Cannot hold any public office d disqualification.
Effects of Perpetual and temporary absolute disqualification: a. b.
Deprivation of any public office or employment of offender Deprivation of the right to vote in any election or to be voted upon
Loss of rights to retirement pay or pension d All these effects last during the lifetime of the convict and even after the service of the sentence except as regards paragraphs 2 and 3 of the above in connection with Temporary Absolute Disqualification.
Art. 31. Effect of the penalties of perpetual or temporary speci al d i s q u a l i f i c a t i o n . — T h e p e n a l t i e s o f p e r p e t u a l o r t e m p o r a l s p e c i a l disqu alification for public office, profession o r calling shall produ ce the f o l l o w i n g e ff e c t s :
Art. 33. Effects of the penalties of suspension fr profession or calling, or the right of suffrage. p u b l i c o f f i c e , p r o f e s s i o n o r c a l l i n g , an d t h e e x e r c i s e s h a l l d i s q u a l i f y t h e o f f en d e r f r o m h o l d i n g s u c h profession or calling or right of suffrage during the t
The person suspended from holding public another having similar functions during the period of
Effects: a. b.
1 . Th e d e p r i v a t i o n o f t h e o f f i c e , e m p l o y m e n t , p r o f e s s i o n o r c a l l i n g
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Disqualification from Useful Notholding useful such office or profession or right of suffrage during the term of t
Cannot hold another office having similar functio suspension.
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to deposit such amount in the office of the clerk of the court to guarantee said undertaking. The court shall determine, according to its discretion, the period of duration of the bond.
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Art. 37. Cost. — W h a t a r e i n c l u d e d . — C o s t s s i n d e m n i t i e s i n t h e co u r s e o f t h e j u d i c i a l p r o c e e d i n g or unalterable amounts previously determined by force, or amounts not sub ject to schedule.
Costs include: a. fees; b. indemnities in the course of judi S h o u l d t h e p e r s o n s e n t e n c e d f a i l t o g i v e t h e b o n d a s r e q u i r ed h e s h a l l b e d e t a i n e d f o r a p e r i o d w h i c h s h a l l i n n o c a s e ex c e e d s i x m o n t h s , i s h e s h a l l h a v e b e e n p r o s e c u t e d f o r a g r a v e o r l e s s g r a v e f el o n y , a n d s h a l l not exceed thirty d ays, if for a light felony.
Bond to keep the peace is different from bail bond which is posted for the provisional release of a person arrested for or accused of a crime. Bond to keep the peace or for good behavior is imposed as a penalty in threats.
Costs (expenses of the litigation) are chargeable of conviction. In case of acquittal, the costs are de oficio, eac expense No costs allowed against the Republic of th provides the contrary
Sign up to vote on this title A r t . 3 8 . P e c u n i a r y l i a b i l i t i e s . O r d e r o f A r t . 3 6 . P a r d o n ; i t s e f f e c t . — A p a r d o n s h a l l n o t w o r k t h e r e s t o r a t i o n o f t h e r i g h t t o h o l d p u b l i c o f f i c e, o r t h e r i g h t o f s u f f r a g e , u n l es s s u c h r i g h t s b e expressly restored by the terms of the pardo n.
payment. — t h e o f f e n d eUseful r should not b e s uuseful f f i c i en t f o r t h e p a y m e Not liabilities, the same shall be met in the following o
1 . T h e r e p a r at i o n o f t h e d a m a g e c a u s e d .
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4. If the principal penalty imposed is not to be executed by c o n f i n e m e n t i n a p e n a l i n s t i t u t io n , b u t s u c h p e n a l t y i s o f f i x e d d u r a t io n , t h e conv ict, durin g the period of time established in the preceding rules, shall continue to suffer the same deprivations as those of wh ich the principal penalty consists. 5. The subsidiary personal liability which the convict may have suffered by reason of h is insolvency sh all not relieve him, from the fine in case his financial circumstances should improve. (As amended by RA 5465, Apri l 21, 1969.)
Art. 40. Death — I t s a c c e s s o r y p e n a l t i e s . — T h e d e a t h p e n a l t y , w h e n i t i s not executed by reason of commutation or pardon shall carry with it that of perpetual absolute disqualification and that of civil interdiction during thirty years followin g the date sentence, unless su ch accessory p enalties have been expressly remitted in the pardon.
A r t . 4 1 . R e c l u s i o n p e r p e t u a a n d r e c l u s i o n t e m p o r a l . — T h e i r a c c e s s o r y
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Outline of accessory penalties inherent in principal penalt
a. death – if not executed because of commutation or par 1. perpetual absolute disqualification 2. civil interdiction during 30 years (if not ex pardon)
b. RP and RT 1. civil interdiction for life or during the sentence 110 2. perpetual absolute disqualification (unless ex pardon) c. PM
1. temporary absolute disqualification from suff 2. perpetual absolute disqualification Sign upintothe vote on this title remitted pardon) d. PC
Useful
Not useful
1. suspension from public office, profession or ca 2. perpetual special disqualification from suffrag imprisonment exceeds 18 months (unless ex
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2. When upon app eal or revision of the case by the Supreme court, a l l t h e m e m b e r s t h e r eo f a r e n o t u n a n i m o u s i n t h e i r v o t i n g a s t o t h e p r o p r i e t y o f t h e i m p o s i t i o n o f t h e d e a t h p e n a l t y. F o r t h e i m p o s i t i o n o f s a i d p e n a l t y o r f o r t h e c o n f i r m a t io n o f a j u d g m e n t o f t h e i n f e r i o r c o u r t i m p o s i n g the death sentence, the Supreme Court shall render its decision per curiam, which shall be signed by all justices of said court, unless some member or memb ers thereof shall have been disqualified from taking part in the consideration of the case, in which even the unanimous vote and s i g n a t u r e o f o n l y t h e r em a i n i n g j u s t i c e s s h a l l b e r e q u i r e d .
single act constitutes two or an o ffense is a necessary for the mo st serious crime maximu m period.
b) When the acts are wholly different, not only because they are directed against 2 different persons, as twice in succession, killing one and injuring the other.
The 2 or more grave or less grave felonies must be the result of a single act, or an offense must be a necessary means to commit the crime. Complex crime – one crime only as there is only one criminal intent – only one
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A r t . 4 8 . P e n a l t y f o r c o m p l e x c r i m e s . — W h e n a more grave o r less grave felonies, or when means for com mitting the other, the penalty shall be impos ed, the same to be applied in its
Criminal Law Book1
Light felonies produced by the same act should be separate offenses or may be absorbed by the grave f There is no complex crime of arson w/ homicide Art 48 is applicable to crimes through negligence No complex crime when one of the offenses is penali “Necessary means” does not mean “indispensable would mean it is an element of the crime. The crim another mean. The means actually employed (anoth facilitate and insure the consummation of the crime. When in the definition of a felony, one offense other, there novote complex crime. Sign upisto on this title Not complex crime when trespass to dwelling is Useful Like rape, Not useful grave offense. there is no complex crime with rape. Trespass will be considered as aggrava breaking part of a dwelling) No complex crime when one offense is committed to
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Art 48 doesn’t apply when the law provides one single penalty for single complex crimes like the ff:
a) robbery w/ homicide b) robbery w/ rape c) kidnapping w/ serious physical injuries d) rape w/ homicide When a complex crime is charged and one offense is not proven, the accused can be convicted of the other. Plurality of crimes – consists in the successive execution by the same individual of different criminal acts upon any of w/c no conviction has yet been declared. Kinds of plurality of crimes: a) formal or ideal – only one criminal liability b) real or material – there are different crimes in law as well as in the conscience of the offender, in such cases, the offender shall be punished for each and every offense that he committed.
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Art. 49. Penalty to be imposed upon the princi c o m m i t t e d i s d i f f e r e n t f r o m t h a t in t e n d e d . — I n c a s committed is different from that which the offender i f o l l o w i n g r u l e s s h a l l b e o b s e r v ed :
1 . If t h e p e n a l t y p r e s c r i b e d f o r t h e f e l o n y c o that corresponding to the o ffense which the accuse t h e p e n a l t y c o r r es p o n d i n g t o t h e l a t t e r s h a l l b e i m period.
2 . If t h e p e n a l t y p r e s c r i b e d f o r t h e f e l o n y c o that corresponding to the one which the accused in penalty for the former shall be imposed in its m aximu
3 . T h e r u l e e s t a b l i s h e d b y t h e n e x t preceding onm ithis a p p l i c a bSign l e i f up t h e to a cvote ts com t t e d title by the guilty perso an attempt or frustration o f another crime, if the la Useful Not useful penalty for either of the latter offenses, in which c f o r t h e a t t e m p t e d o r t h e f r u s t r a t ed c r i m e s h a l l b e period.
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A r t . 5 3. Pe n a l t y t o b e i m p o s e d u p o n a c c e s s o r i e s t o t h e c o m m i s s i o n o f a c o n s u m m a t e d f e l o n y . — T h e p e n a l t y l o w e r b y t w o d e g r e e s t h a n t h a t p r e s c r i b ed b y l a w f o r t h e c o n s u m m a t e d f e l o n y s h a l l b e i m p o s e d u p o n t h e a c c e s so r i e s t o t h e c o m m i s s i o n o f a c o n s u m m a t e d f e l o n y .
A r t . 5 4 . P e n a l t y t o i m p o s e d u p o n a c c o m p l i c e s i n a f r u s t r a t e d c r i m e . — The penalty next lower in degree than prescribed by law for the frustrated felony shall be imposed upon the accomplices in the commission of a frustrated felony.
Art. 55. Penalty to be impo sed upon accessories of a frustrated crime. — The penalty lower by two degrees than that prescribed by law for the f r u s t r a te d f e l o n y s h a l l b e i m p o s e d u p o n t h e a c c es s o r i e s t o t h e c o m m i s s i o n of a frustrated felony.
Art. 56. Penalty to be impos ed upon accomplic es in an attempted crime. — The penalty next lower in degree than that prescribed b y law for an attempt
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Distinguished: A degree refers to the penalty imposabl considering the stages of execution and the degree offender, while, a period refers to the duration of the pe maximum, medium, and minimum, after considering the aggravating circumstances.
Art. 58. Additional penalty to be imposed upon c Those accessories falling within th e terms of paragr this Code who should act w ith abuse of their public the additional penalty of absolute perpetual disqual o f f e n d e r s h a l l b e g u i l t y o f a g r a v e f e l o n y , an d t h a t d i s q u a l i f i c a t i o n i f h e s h a l l b e g u i l t y o f a l e ss g r a v e f e
access Additional Penalties for Public Officers who are Sign up to vote on this title
1. Absolute if the princ Useful perpetual Notdisqualification, useful a grave felony. 2. Absolute temporary disqualification if the princ less grave felony
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b) one who furnished the place for the perpetration of the crime of slight illegal detention. Cases when instead of a penalty 2 degrees lower, one degree for accessory:
127
a) using counterfeited seal or forged signature or stamp of the President b) illegal possession and use of false treasury or bank note c) using a falsified document d) using a falsified dispatch
A r t . 6 1 . Ru l e s f o r g r a d u a t i n g p e n a l t i e s . — F o r t h e p u r p o s e o f g r a d u a t i n g t h e p e n a l t i e s w h i c h , ac c o r d i n g t o t h e p r o v i s i o n s o f A r t i c l e s 5 0 t o 5 7 , i n c l u s i v e , o f t h i s C o d e , a r e t o b e i m p o s e d u p o n p e r s o n s g u i l t y a s p r i n c i p a ls o f a n y frustrated or attempted felony, or as accomplices or accessories, the f o l l o w i n g r u l e s s h a l l b e o b s e r v ed : 1. When the penalty prescribed for the felony is single and i n d i v i s i b l e , th e p e n a l t y n e x t l o w e r i n d e g r e e s s h a l l b e t h a t i m m e d i a t e l y following that indivisible penalty in the respective graduated scale
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A r t . 6 2 . E f f e c t o f t h e a t t en d a n c e o f m i t i g a t i n g o r a g g r a n d o f h a b i t u a l d e l i n q u e n c y . — M i t i g a t i n g o r a g g r a n d h a b i t u a l d e l i n q u e n c y s h a l l b e t a k en i n t o a c c o diminishing or increasing the penalty in conform rules:
1. Aggravating circumstances which in the c r i m e s p e c i al l y p u n i s h a b l e b y l a w o r w h i c h a r e i defining a crime and prescribin g the penalty therefor accoun t for the purpose of increasing the penalty.
2. The same rule shall apply with respec circumstance inherent in the crime to such a de n e c e s s it y a c c o m p a n y t h e c o m m i s s i o n t h e r eo f .
Sign up 3 . Agg r a to v a tvote i n g oon r mthis i t i g atitle ting circu mstances moral attributes of the offender, or from his priv Useful Not useful offended party, or from any other personal cause aggravate or mitigate the liability of the princip accessories as to whom such circu mstances are att
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LEA 2 Industrial Security
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injuries, robo, hurto estafa or falsification, he is found gu ilty of any of said crimes a third time or oftener.
Par 1: Aggravating circumstances are not to be taken into account when: a) they themselves constitute a crime 132 b) they are included by law in the definition of a crime Par 2: Same rules applies when the aggravating circumstance is inherent in the crime Par 3. Aggravating or mitigating circumstances arising from any of the ff affect only those to whom such circumstances are attendant: a) from the moral attributes of the offender b) from his private relations w/ the offended party c) from any other personal cause Par 4: the circumstances w/c consist of the ff shall serve to aggravate and mitigate the liability only of those who had knowledge of them at the time of the commission of the offense
Criminal Law Book1
US v Ah Chong (Digest)
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d) convictions on the same day or at about the sa as one only (days, weeks..) e) crimes committed on the same date, although dates are considered as one f) previous convictions are considered every committed g) commissions of those crimes need not be cons h) habitual delinquency applies to accomplice a as in the crimes specified i) a crime committed in the minority of the offende j) imposition of additional penalty is mandatory an k) modifying circumstances applicable to addition l) habitual delinquency is not a crime, it is simply which if present gives rise to the imposition of add m) penalty for habitual delinquency is a real p Sign up to vote on this title jurisdiction n) aUseful habitual delinquent necessarily a recidivist Not isuseful o) in imposing the additional penalty, recidivism additional penalty must be imposed in its minimu p) an offender can be a habitual delinquent w/o b
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1 . W h e n i n t h e c o m m i s s i o n o f t h e d e ed t h e r e i s p r e s e n t o n l y o n e aggravating circu mstance, the greater penalty shall be applied. 2 . W h e n t h e r e ar e n e i t h e r m i t i g a t i n g n o r a g g r a v a t i n g c i r c u m s t a n c e s and there is no aggravating circumstance, the lesser penalty shall be applied. 3 . W h e n t h e c o m m i s s i o n o f t h e a c t i s a t t en d e d b y s o m e m i t i g a t i n g circumstances and there is no aggravating circumstance, the lesser penalty shall be applied. 4. When both m itigating and aggravating circum stances attended the commission of the act, the court shall reasonably allow them to offset o n e a n o t h e r i n c o n s i d e r at i o n o f t h e i r n u m b e r a n d i m p o r t a n c e , f o r t h e purpose of applying the penalty in accordance with the preceding rules, according to the result of such compensation.
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7. Within the limits of each period, the cou extent of the penalty according to the numbe aggravating and mitigating circumstances and th extent of the evil produced by th e crime.
Art. 65. Rule in cases in which the penalty is n p e r i o d s . — I n c a s e s i n w h i c h t h e p e n a l t y p r e s comp osed of three periods, the courts shall apply t h e f o r e g o i n g a r t i c l es , d i v i d i n g i n t o t h r e e e q u a l p o r t i the penalty prescribed, and forming one period portions.
A r t . 6 6 . Sign Im p oup s i t i to o n vote o f f i non e s .this impo sing fines t — In title a m o u n t w i t h i n t h e l i m i t s e s t a b l i s h ed b y l a w ; i n c a s e a t t en tUseful i o n s h a l l b e gNot i v e nuseful , not on ly to the mitig circums tances, but more particularly to the wealth or
Art. 64. Rules for the app lication of penalties wh ich con tain three periods. — I n c a s e s i n w h i c h t h e p e n a l t i e s p r e s c r i b e d b y l a w c o n t a i n t h r e e p e r i o d s ,
US v Ah Chong (Digest)
Court must consider the following in imposing the fine:
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LEA 2 Industrial Security
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Criminal Law Book1
1 . Up o n a p e r s o n u n d e r f i f t e e n b u t o v e r n i n e y e a r s o f a g e , w h o i s n o t e x e m p t e d f r o m l i a b i li t y b y r e a s o n o f t h e c o u r t h a v i n g d e c l a re d t h a t h e acted with discernment, a discretionary penalty shall be imposed, but always lower by tw o degrees at least than that prescribed by law for the crime which he committed. 2. Upon a person over fifteen and un der eighteen years of age the penalty next lower than that prescribed by law shall be imposed, but always in the proper period .
US v Ah Chong (Digest)
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143
Such maximum period shall in no case e applying the provisions of this rule the duration (pena perpetua) shall be comp uted at thirty years. (A
Maximum duration of the convict’s sentence: 3 penalty Max period shall not exceed 40 years Subsidiary imprisonment – this shall be exclude maximum duration
THREE-FOLD RULE Art. 69. Penalty to be imposed wh en the crime committed is no t wholly e x c u s a b l e . — A p e n a l t y l o w e r b y o n e o r t w o d e g r e e s t h a n t h a t p re s c r i b e d b y l a w s h a l l b e i m p o s e d i f t h e d e e d i s n o t w h o l l y ex c u s a b l e b y r e a s o n o f t h e l a c k o f s o m e o f t h e c o n d i t i o n s r e q u i r e d t o j u s t i f y t h e s a m e o r t o e x em p t f r o m c r i m i n a l l i a b i l i t y i n t h e s e v e r a l c a s e s m e n t i o n e d i n A r t i c l e 1 1 an d 1 2 , p r o v i d e d t h a t t h e m a j o r i t y o f s u c h c o n d i t i o n s b e p r e s en t . T h e c o u r t s s h a l l i m p o s e t h e p e n a l t y in t h e p e r i o d w h i c h m a y b e d e e m e d p r o p e r , i n v i e w o f the number and nature of the conditions of exemption present or lacking.
The maximum duration of the convict’s sentence sh the length of time corresponding to the most sever upon him
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applies only when convict has to serve at least fo Useful Not useful applies although penalties were imposed for diffe
times, and under separate informations subsidiary imprisonment for nonpayment of fi long as the principal penalty does not exceed 6 y
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A r t . 7 2 . P r e f e r e n c e i n t h e p a y m e n t o f t h e c i v i l l i a b i l i t i e s . — T h e c i v i l liabilities of a person fo und gu ilty of two or more offenses shall be satisfied by following the chronological order of the dates of the judgments r e n d e r e d a g a i n s t h i m , b e g i n n i n g w i t h t h e f i r s t i n o r d e r o f ti m e .
Art. 73. Presumptio n in regard to the impo sition of accessory p enalties. — Whenever the courts shall impos e a penalty which , by provision of law, carries with it other penalties, according to t he provision s of Articles 40, 41, 42, 43 and 44 of this Code, it must be und erstood th at the accessory penalties are also impos ed upon the conv ict.
Subsidiary penalties are deemed imposed. However, the subsidiary imprisonment must be expressly stated in the decision.
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US v Ah Chong (Digest)
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If there are 3 distinct penalties; there shall be a m a maximum. Example: Reclusion temporal max to death
Complex Penalty – penalty prescribed by law com penalties, each forming a period; the lightest of them sh next medium, and the most severe the maximum period.
Art. 78. When and h ow a penalty is to b e executed. executed except by virtue of a final judgment.
A penalty shall not be executed in any p r e s c r ib e d b y l a w , n o r w i t h a n y o t h e r c i r c u m s t a n those expressly autho rized thereby.
Sign up to vote on this title In addition to the provisions
A r t . 7 4 . P e n a l t y h i g h e r t h a n r e c l u s i o n p e r p e t u a i n c e r t a i n c a s e s . — I n c a s e s in wh ich the law prescribes a penalty higher than anoth er given penalty, w i t h o u t s p e c i a l l y d e s i g n a t in g t h e n a m e o f t h e f o r m e r , i f s u c h h i g h e r p e n a l t y shou ld be that of death, the same penalty and the accessory penalties of
of the law, t p r e s c r i b e d Useful f o r t h e g o v e r nNot m e n useful t of the institutions in to be suffered shall be observed with regard to the c be performed, the time of its performance, and othe therewith, the relations of the convicts among t
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c) judgment of except for the ff cases: 1. those 2. those 3. those
LEA 2 Industrial Security
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the court shall not be pronounced but suspended w h o p r e v i o u s l y e n j o y e d a s u s p e n s i o n o f s e n t en c e convic ted of death or life impriso nment convicted for an offense by the military tribun als
d)
t h e D S W D m a y d i s m i s s t h e c a s e i f th e y o u t h b e h a v e s p r o p e r l y
e)
t h e r e c o r d s o f t h e p r o c e e d i n g s h a l l b e p r i v i l e g e d an d s h a l l n o t be disclosed
f)
the civil liability of the youthful offender may be voluntary assumed b y a relative or a friend
g)
t h e p a r e n t o r g u a r d i a n o f th e c h i l d i s l i ab l e w h e n h e a i d s , a b e t s or connives w/ the commission of the crime or does an act producing , promoting or contributing to the child’s being a ju v en il e d el in q u en t.
h)
The penalties for the parent or guardian: Fine not exceeding 500
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US v Ah Chong (Digest)
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Art. 83. Suspension of the execution of th e death s sentence shall not be inflicted upon a wom an with following the date of the sentence or while she is p p e r s o n o v e r s e v e n t y y e a r s o f a g e . In t h i s l a s t c a s shall be commuted to the penalty of reclusion p erpe penalties provided in Article 40.
Art. 84. Place of execution and perso ns wh o may wi execution shall take place in the penitentiary of Bilib t h e p u b l i c v i e w a n d s h a l l b e w i t n e s s ed o n l y b y t h o f f e n d e r a n d b y h i s l a w y e r s , an d b y h i s r e l a t i v e s , so request, by the physician and the necessary p e s t a b l i s h m e n t , a n d b y s u c h p e r s o n s a s the Dire Sign up to vote on this title authorize.
Useful
Not useful
A r t . 8 5 . P r o v i s i o n s r e l a t i v e to t h e c o r p s e o f t h e p e b u r i a l . — U n l e s s c l a i m e d b y h i s f a m i l y , t h e c o r p s e o f
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LEA 2 Industrial Security
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d e c i s i o n , t ak i n g i n t o c o n s i d e r a ti o n t h e h e a lt h o f t h e o f f e n d e r a n d o t h e r reasons wh ich may seem satisfactory to it.
INDETERMINATE SENTENCE LAW (03, 02, 01, 99, 95, 94, 91, 90 BAR)
The court shall sentence the accused to an indeterminate sentence Revised Penal Code Maximum: in view of attending circumstance, could be properly imposed; shall not exceed maximum fixed by said law Minimum: within range of Penalty next lower to that prescribed by the Code Other Law; not less than minimum term prescribed by said law
conditions are not observed, a convict may be return continue to serve his sentence without deducting the time
PROBA TION (03, 02, 01, 97, 95, 94, 93, 92, 91, 90
Probation - a disposition under which a defendant after
is released subject to conditions imposed by the court an probation officer.
Suspension of execution of sentence upon applica within period for perfecting an appeal interloc followed by a final judgment of discharge or by a final
Defendant released after conviction and sentence imposed by court and supervision of probation officer
May be granted whether sentence imposes a term o Useful imprisonment Not useful with subsidiary in case of insolvency
May be denied if defendant in need of correctiona provided most effectively by commitment, if there is
Not applicable: a. Convicted of offenses punished with death penalty or lifeimprisonment b. Convicted of treason, conspiracy or proposal to commit treason c. Convicted of misprision of treason, rebellion, sedition or espionage d. Convicted of piracy
US v Ah Chong (Digest)
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2. 1.
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