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article 2 Flashcards

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1
Q

criminal law

A

is that branch or division of law which define crimes, treat of their nature and provides for their punishment

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2
Q

Power to define and punish crime

A

The State has the authority, under its police power to define and punish crimes and to lay down the rules of criminal procedure.

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3
Q

limitations on the power of congress to enact penal legislation

A
  1. Due Process and Equal Protection
  2. Non imposition of excessive fines or cruel and unusual punishment.
  3. Ex post facto law or Law of attainder
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4
Q

due process of law

A

requires that the accused must be heard in court of competent jurisdiction, proceeded against and under the orderly process of law, and only punished after inquiry and investigation, upon notice to him, with an opportunity to be heard and a judgment awarded within the authority of constitutional law.

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5
Q

2 components of due process

A

substantive - intrinsic validity of law with the rights of the person.
Procedural due process - consists of 2 basic rights of notice and hearing, guarantee of being heard by an impartial and competent tribunal

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6
Q

equal protection

A

all persons similarly situated should be treated alike both as to rights conferred and responsibilities imposed.

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7
Q

ex post facto law

A

retroactive penal laws that are prejudicial to the accused.

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8
Q

penal laws

A

are acts of the legislature which prohibit certain acts and establish penalties for their violation

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9
Q

example of ex post facto law

A
  1. makes criminal an act which was innocent before the passage of law
  2. makes the crime greater than it was when committed
  3. changes the punishment and inflicts a greater punishment that the law annexed to the crime when committed
  4. alters the legal rules of evidence, and authorizes conviction of less or different testimony that the law requires at the time of commission of the crime
  5. assumes to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a right of something which was done lawful
  6. deprives a person accused of a crime some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal or a proclamation of amnesty.
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10
Q

bill of attainder

A

legislative act which inflicts punishment on individual without judicial trial

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11
Q

statutory rights of the accused

A

Rule 115 of the Revised Rules on Criminal Procedure

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12
Q

rights of the accused that may be waived and not waived

A

can be waived - right to confrontation and cross-examination, persona rights
can’t be waived - right to be informed of the nature and cause of the accusation against him, those involve public interest

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13
Q

characteristics of criminal law

A
  1. General - binding to all persons to live and sojourn in the philippine territory, no feigner is exempt except head of states and diplomatic representative by virtue of customary law of nations are not subject to the philippine territorial jurisdiction
  2. territorial
  3. prospective
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14
Q

US v. Sweet

A

the jurisdiction of the civil tribunal is unaffected by the military or any other special character of the person brought before them for trial, unless controlled by express legislation to the contrary.

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15
Q

offenses by the military tried by:

A

a. if committed offense under RPC, special laws, local government ordinances - proper civil courts
b. if offense found before arraignment is service-connected

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16
Q

offenses by the military tried by:

A

a. if committed offense under RPC, special laws, local government ordinances - proper civil courts
b. if offense found before arraignment is service-connected
Court martial is a bar for prosecuting the same offense

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17
Q

persons except from the crimnal law by virtue of public international law

A

Vienna Convention on Diplomatic Relations:
1. Ambassadors and other heads of state of equivalent rank who are accredited to the host head of state.
2. Envoys extraordinary, ministers plenipotentiary and other representative accredited to the host head of state.
3. Charges d’affaires are accredited to the ministers of foreign affairs

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18
Q

is a consul entitled to the privileges and immunities accorded to diplomats

A

No, because they are not charged with the duty of representing their states in political matters.

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19
Q

Art. 2 RPC

A

Except as provided in the treaties and laws of preferential application, the provisions of this Code shall be enforced not only within the Philippine Archipelago, including its atmosphere, its interior waters and maritime zone, but also outside of its jurisdiction, against those who:

  1. Should commit an offense while on a Philippine ship or airship
  2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands;
  3. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number;
  4. While being public officers or employees, should commit an offense in the exercise of their functions; or
  5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book Two of this Code.
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20
Q

Art. 3 RPC

A

Acts and omissions punishable by law are felonies (delitos).chanrobles virtual law library
Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa).chanrobles virtual law library

There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.

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21
Q

art 4.

A

Criminal liability shall be incurred:

  1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended.chanrobles virtual law library
  2. By any person performing an act which would be an offense against persons or property, were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means.
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22
Q

elements of Felonies

A
  1. there must be an act or omission
  2. the act or omission is punishable by the RPC
  3. The act or omission is incurred by means of dolo or culpa
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23
Q

What is an act

A

any bodily movements tending to produce some effect in the external world

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24
Q

overt act of felony

A

external act which has direct connection with te felony intended to be committed.

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25
Q

omission

A

inaction or failure to perform a positive duty which one is bound to do

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26
Q

examples of felony by omission

A
  1. anyone who fails to render assistance to a wounded, in danger of dying in an uninhabited place is liable for abandonment of person in danger
  2. collection of tax, fails to issue a receipt
  3. having knowledge of any conspiracy against the government who does not disclose it.
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27
Q

a person who do not disclose a crime

A

it’s not a felony. there is no law that punishes a person who does not report to the authorities the commission of the crime which he witnessed.
nullum crimen nulla peona sine lege

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28
Q

classification of felonies to the means by which they are committed

A
  1. intentional felonies - act is performed with deliberate intent, has the intention to case an injury to the person, property or right of another.
  2. cuplable felonies - unintentional, the incident of another act being performed without malice. committed unconsciously and unintentionally, still punishable but in a lesser degree
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29
Q

meaning of imprudence and negligence

A

imprudence - lack of action
negligence - deficiency of perception

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30
Q

requisites of dolo or malice

A
  1. freedom
  2. intelligence
  3. intent
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31
Q

reason for punishing acts of negligence

A

a man must use common sense and exercise due reflection in all his acts; it is his duty to be cautious, careful and prudent if not from instinct then through fear of incurring punishment.

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32
Q

is culpable felony voluntary?

A

yes. the wrongful acts resulting to imprudence, negligence, lack of foresight and lack of skill is voluntary. should exercise due diligence.

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33
Q

difference between intentional and culpable felony

A

malice.

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34
Q

actus non facit reum, nisi mens sit rea

A

a crime is not commited if the mind of the person performing to act complained be innocent

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35
Q

mistake of fact

A

ignoratia facit excusat
relieves the accused from criminal liability
honest mistake of fact destroys the presumption of criminal intent which arises upon the commission of the felonious act.

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36
Q

requisites of mistake of fact

A
  1. that the act done would have been lawful had the facts been as the accused believed them to be.
  2. that the intention of the accused in performing the act should be lawful
  3. that the mistake must be without fault or carelessness on the part of the accused..
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37
Q

requisites of self-defense

A
  1. unlawful aggression on the part of the person killed
  2. reasonable necessity of the mean employed to prevent or repel it.
  3. lack of sufficient provocation of the part of the person defending himself
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38
Q

error in personae

A

mistake in the identity of the victim, the principle of mistake of fact does not apply.

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39
Q

the act itself does not make a man guilty unless his intention were so

A

actus non facit reum nisi mens sit rea

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40
Q

the act done by me against my will is not my act

A

actus me invito factus non est meus actus

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41
Q

the distinction between general intent and specific intent

A

general intent - voluntariness
specific intent - in some particular felonies like certain crimes against property there must be intent to gain

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42
Q

when the accused is charged with an intentional felony

A

absence of intent is a defense

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43
Q

requisites of culpable felony

A
  1. freedom
  2. intelligence
  3. imprudent, negligent or lack foresight or lack of skill
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44
Q

delito

A

felony

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45
Q

dolo

A

means of deceit

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46
Q

third class crimes

A

defined and penalized by special laws (municipal or city ordinances)
Dolo is no reacquired

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47
Q

mala in se

A

an act that is found to violate morality rules set forth by a society. there must be criminal intent

48
Q

mala prohibita

A

wrongful simply because a legislature has chosen to criminalize it. sufficient that the act was done.

49
Q

motive vs intent

A

is the moving power which impels one to action for a definite result. intent is the purpose to use a particular means to effect such result

50
Q

motive

A

is not an essential element of the crime and need not to be proved for purposes of conviction

51
Q

When motive is relevant and when its not

A
  1. IDENTITY OF THE ACCUSED
    a. when there is doubt as to the identity of the assailant
    b. the identification of the crime proceeds from an unreliable source and the testimony is inconclusive
  2. ANTAGONISTIC THEORIES
    -there are 2 versions of the event
  3. NO EYEWITNESS
    -suspicion may fall upon a number of persons
  4. CIRCUMSTANTIAL EVIDENCE OR INSUFFICIENT EVIDENCE
52
Q

how motive is proved

A

acts or statements of the accused before or immediately after the commission of the offense

53
Q

is motive alone sufficient to support conviction?

A

no. it’s not sufficient if there is no reliable evidence from which it may be reasonably deduced that the accused was the malefactor. on the other hand, lack of motive may be an aid in showing the innocence of the accused.

54
Q

he who is the cause of the cause is the cause of the evil cause

A

el que se causa dela causa as cause de mal causado

55
Q

mistake in the blow

A

aberratio ictus

56
Q

the injurious result is greater than that intended

A

praeter intentionem

57
Q

creating in one’s mind

A

the one creating danger to one’s mind is liable to the resulting injuries

58
Q

proximate cause

A

that cause which in natural and continuous sequence, unbroken by any efficient intervening case, produces the injury and without which the result would not have occurred.

59
Q

intervening cause

A

any event in an accident that occurred after the actions of the defendant and contributed to the injury of the plaintiff

60
Q

Is a person committing Suicide criminally liable?

A

No.

61
Q

When is there no felony commited?

A
  1. When the act or omission is not punishable by the RPC
  2. when the act is covered by any of the justifying circumstances enunerated in art 11.
62
Q

Article 5

A

Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of legislation.

In the same way, the court shall submit to the Chief Executive, through the Department of Justice, such statement as may be deemed proper, without suspending the execution of the sentence, when a strict enforcement of the provisions of this Code would result in the imposition of a clearly excessive penalty, taking into consideration the degree of malice and the injury caused by the offense.

63
Q

Article 6

A

Consummated felonies as well as those which are frustrated and attempted, are punishable.

A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator.

There is an attempt when the offender commences the commission of a felony directly or over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance.

64
Q

Article 8

A

Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor.

A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.

65
Q

RPC provides penalty for the following for conspiracy

A
  1. treason
  2. coup d’etat
  3. rebellion or insurection
  4. sedition
66
Q

requisites of conspiracy

A
  1. that two or more persons came to an agreement
  2. that the agreement concerned the commission of the felony
  3. that the execution of the felony be decided upon
67
Q

requisites of proposal

A
  1. that a person has decided to commit a felony
  2. that he proposes its execution to some other person or persons
68
Q

RPC provides penalty for the following for proposal

A
  1. treason
  2. coup d’etat
  3. rebellion or insurection
69
Q

there is no criminal proposal when

A
  1. the person who proposes is not determined to commit the felony
  2. there is no decided, concrete, and formal proposal
  3. it not the execution of a felony that is proposed.
70
Q

grave felonies penalty

A

capital punishment or penalties with which any of their periods are afflictive

71
Q

less grave felonies penalty

A

maximum period are correctional

72
Q

light felonies penalty

A

arresto menor or fine not excedding 40,000

73
Q

afflictive penalties

A

reclusion perpetua
reeclusion temporal
prision mayor

74
Q

correctional penalty

A

prision correccional
arresto mayor
suspension
destierro

75
Q

lex specialis derogant generali

A

legal provision prevail over general ones

76
Q

special laws

A

as a penal law which punishes acts not defined and penalized by the penal code.

77
Q

requisites of self defense
11-1

A
  1. unlawful aggression
  2. reasonable necessity of the mean employed to prevent or repel it
  3. lack of sufficient provocation on the part of the person defending himself
78
Q

peril to one’s life

A
  1. actual and imminent
79
Q

unlawful agression in defense of one’s rght

A
  1. defense of woman;s honor
  2. defense of property
  3. defense of home
80
Q

11-2 requisites of defense of relative

A
  1. unlawful agression
  2. reasonable necessity of the means employed to prevent or repel it,
  3. in case the provocation was given by the person attached, the one making a defense had no part therein
81
Q

11-3 defense of a stranger

A
  1. unlawful agression
  2. reasonable necessity of the means employed to prevent or repel it,
  3. the person defending be not induced by revenge, resentment or other evil motive.
82
Q

11-4. avoidance of greater evil or injury

A
  1. That the evil sought to be avoided actually exists;
  2. That the injury feared be GREATER than that done to avoid it.
  3. That there be no other practical and less harmful means of PREVENTING it.
83
Q

11-5 fulfillment of duty or lawful exercise of right or office

A

1) that the accused acted in the performance of a duty or in the lawful exercise of a right or office; and
2) that the injury or offense committed be the necessary consequence of the due performance of such duty or the lawful exercise of such right or office.

84
Q

11-6 Obedience to an Order Issued for Some Lawful Purpose

A
  1. That an order has been issued by a superior.
  2. That such order must be for some lawful purpose
  3. That the means used by the subordinate to carry out said order is lawful.
85
Q

Article 12.

A
  1. An imbecile or an insane person, unless the latter has acted during a lucid interval.

When the imbecile or an insane person has committed an act which the law defines as a felony (delito), the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court.

  1. A person under 9 years of age.
    **RA 9344 raised the age of irresponsibility to 15 years old
  2. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Art. 80 of this Code.

When such minor is adjudged to be criminally irresponsible, the court, in conformably with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance and education otherwise, he shall be committed to the care of some institution or person mentioned in said Art. 80.

  1. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.
  2. Any person who act under the compulsion of irresistible force.
  3. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
  4. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause.
86
Q

12- 4 4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.
requisites :

A
  1. person performing a lawful act
  2. with due care
  3. he causes an injury to another by mere accident
  4. without fault of intention of causing it.
87
Q

12-5 Any person who act under the compulsion of irresistible force.

A
  1. the compulsion is by means of physical force
  2. physical compulsion must be irresistible
  3. physical force must come from a third person.
88
Q

12-6. Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury.
elements

A
  1. that the threat which causes the fear is of an evil greater than or at least equal to which he is required to commit
  2. that it promises an evil such gravity and imminence that the ordinary man would have succumbed to it.
89
Q

12-7. Any person who fails to perform an act required by law, when prevented by some lawful insuperable cause.
elements

A
  1. that an act is required by law to be done
  2. that a person fails to perform such act
  3. that his failure to perform such act was due to some lawful or insuperable cause.
90
Q

art 13

A

Mitigating circumstances. - The following are mitigating circumstances;

  1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt from criminal liability in the respective cases are not attendant.
  2. That the offender is under eighteen year of age or over seventy years. In the case of the minor, he shall be proceeded against in accordance with the provisions of Art. 80.
  3. That the offender had no intention to commit so grave a wrong as that committed.
  4. That sufficient provocation or threat on the part of the offended party immediately preceded the act.
  5. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees.
  6. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.
  7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution;
  8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus restricts his means of action, defense, or communications with his fellow beings.
  9. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of the consciousness of his acts.
  10. And, finally, any other circumstances of a similar nature and analogous to those above mentioned.
91
Q
    1. That sufficient provocation or threat on the part of the offended party immediately preceded the act.
      requisites:
A

1, that the provocation must be sufficient
2. that it must originate from the offended party
3. that the provocation must be immediate to the act

92
Q

13-5. That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees.
requisites

A
  1. there be a grave offense done to the one committing the felony, his spouse, descendants, descendants, legitimate, natural and adopted brother and assisted or relative by affinity within the same degrees.
  2. that the felony is committed in vindication of such grave offense. a lapse of time is allowed between the vindication and the doing of the grave offense
93
Q

13- 6. That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation.
requisites:

A
  1. the accused acted upon on impulse
  2. that impulse must be so powerful that it naturally produced passion or obfuscation in him.
94
Q

13-7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the prosecution;
requisites of voluntary surrender

A

1) the accused has not been actually arrested;
2) the accused surrenders himself to a person in authority or the latter’s agent; and
3) the surrender is voluntary.

95
Q

requisites of plea of guilty

A
  1. that the offender spontaneously confessed his guilt
  2. that the confession was made in open Court.
  3. that the confession was made prior to the presentation of evidence for the prosecution.
96
Q

13-9. Such illness of the offender as would diminish the exercise of the will-power of the offender without however depriving him of the consciousness of his acts.
requisites

A
  1. that the illness of the offender must diminish the exercise of his will-power
  2. that such illness should not deprive the offender of the consciousness of his act.
97
Q

kinds of aggravating circumstance

A
  1. generic - applies to all crimes
  2. specific - applies to particular crimes
  3. qualifying - those that change the nature of the crime (alevosia)
  4. inherent
98
Q

14-4. That the act be committed with abuse of confidence or obvious ungratefulness.
requisites:

A
  1. that the offended party had trusted he offender.
  2. that the offender abused such thrust byu committing a crime against the offended party
  3. that the abused of confidence facilitated the commission of the crime.

must me immediate and personal.

99
Q

14-6. That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense.

Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band.

A
  1. when it facilitated the commission of the crime
  2. when especially sought for by the offender to insure the commission of the crime or for the purpose of impunity
  3. when the offender took advantage thereof for the purpose of impunity.
100
Q

14-8 That the crime be committed with the aid of armed men or persons who insure or afford impunity.
requisites

A
  1. that armed men or persons took part in the commission of the crime, directly or indirectly.
  2. that the ac caused availed hi,seld of their aid or relied upon them when the crime was committed.
101
Q

14-9 That the accused is a recidivist.chanrobles vir

A
  1. that the offender is on triual for an offense
  2. that he was previously convicted by final judgment of another crime
  3. that both the first and the second offenses are embraced in the same title of the code
  4. that the offender is convicted of the new offense
102
Q

14-10. That the offender has been previously punished by an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.

A
  1. that the accused is on trial for an offense
  2. that he previously served sentence for another offense to which the law attaches an equal or greater penalty, or for two or more crimes to which it attaches lighter penalty than that for the new offense
  3. that he is convicted of the new offense
103
Q

Art. 15.

A

Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. They are the relationship, intoxication and the degree of instruction and education of the offender.chanrobles virtual law library
The alternative circumstance of relationship shall be taken into consideration when the offended party in the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of the offender.chanrobles virtual law library

The intoxication of the offender shall be taken into consideration as a mitigating circumstances when the offender has committed a felony in a state of intoxication, if the same is not habitual or subsequent to the plan to commit said felony but when the intoxication is habitual or intentional, it shall be considered as an aggravating circumstance.chanrobles virtual law library

104
Q

Art. 16.

A

Who are criminally liable. — The following are criminally liable for grave and less grave felonies:
1. Principals
2. Accomplices.

  1. Accessories.

The following are criminally liable for light felonies:
1. Principals
2. Accomplices.

105
Q

Art. 17. Principals. — The following are considered principals:

A
  1. Those who take a direct part in the execution of the act;
  2. Those who directly force or induce others to commit it;
  3. Those who cooperate in the commission of the offense by another act without which it would not have been accomplished.
106
Q

ARTICLE 18. Accomplices. —

A

Accomplices are those persons who, not being included in article 17, cooperate in the execution of the offense by previous or simultaneous acts.

107
Q

ARTICLE 19. Accessories.

A

Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners:

  1. By profiting themselves or assisting the offender to profit by the effects of the crime.
  2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery.
  3. By harboring, concealing, or assisting in the escape of the principal of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime.
108
Q

ARTICLE 20. Accessories Who are Exempt from Criminal Liability.

A

The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article.

109
Q

The Indeterminate Sentence Law is mandatory in all cases, EXCEPT if the accused will fall in any of the following exceptions:

A
  1. if sentenced with a penalty of death or life imprisonment
  2. if convicted of treason, conspiracy, proposal to commit treason
  3. if convicted of misprision of treason, sedition, rebellion or espionage
  4. if convicted of piracy
  5. if the offender is a habitual delinquent
  6. those who escaped from prison or evaded sentence
  7. those who violated the terms of conditional pardon of the chief executive
  8. where the maximum term of imprisonment does not exceed 1 year (important!)
  9. if convicted by final judgement at the time of the effectivity of Act No. 4103
  10. if penalized with suspension or distierro
110
Q

Why is ISLAW mandatory?

A

In the application of the Indeterminate Sentence Law the judge will get the maximum penalty and likewise the minimum penalty. If the accused was already able to serve the minimum term of his indeterminate sentence and upon the approval of the Board, the accused now becomes eligible for parole. ISLAW is favorable to the accused.

111
Q

If the accused was granted parole and violated some conditions of the parole, What will happen?

A

A warrant of arrest will be issued by the court and the accused will be made to serve the rest of the remaining or unexpired portion of his sentence. (But in probation you go back to number 1, serving of sentence will be from the beginning)

112
Q

Application of ISLAW:

A

How to get maximum and minimum penalty in Special Law:
1. The maximum penalty should NOT exceed the maximum provided for by that law.
2. The minimum penalty should NOT fall below the minimum provided by the law.

How to get maximum and minimum penalty in Revised Penal Code:
Example: In the crime of homicide, under the Revised Penal Code, the offender is sentenced to reclusion temporal.

The maximum penalty under the Indeterminate Sentence Law is reclusion temporal. But reclusion temporal is a divisible penalty consisting of maximum, medium and minimum periods. Which period will we place the maximum term of the Indeterminate Sentence?

Guide for determining the maximum penalty:
1. Determine the entire range of the penalty
2. Determine if there is mitigating or aggravating circumstance

113
Q

Which period will the maximum penalty be placed?

A

In pursuant to art 64, when there is no mitigating and no aggravating circumstance, it should be placed at the medium period. Thus, the maximum penalty for the example above is reclusion temporal in the medium period.

114
Q

What is the minimum penalty now?

A

In getting the minimum penalty, the rule is to simply get the penalty one (1) degree lower from the maximum penalty without taking into account the mitigating and aggravating circumstance. Thus, the penalty one degree lower from reclusion temporal, without taking into account any mitigating or aggravating circumstance, is prision mayor. Prision mayor is now the minimum penalty for our example.

115
Q

Section 9. Disqualified Offenders. The benefits of this Decree shall not be extended to those:
PD 968

A

(a) sentenced to serve a maximum term of imprisonment of more than six years;

(b) convicted of any offense against the security of the State;

(c) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than Two Hundred Pesos;

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

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

philippine criminal law (3 decks)

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