Article 21

Question 1

Define “Penalty”

Answer 1

The suffering that is inflicted by the state for the transgression of a law

Question 2

What does penalty in its general sense signify?

Answer 2

Pain

Question 3

The different juridical conditions of penalty (7)

Answer 3

1. Must be PRODUCTIVE OF SUFFERING, without however affecting the integrity of the human personality
2. Must be COMMENSURATE with the offense - different crimes must be punished with different penalties
3. Must be PERSONAL - no one should be punished for the crime of another
4. Must be LEGAL - It is the consequence of a judgment according to law
5. Must be CERTAIN - no one may escape its effects
6. Must be EQUAL for all
7. Must be CORRECTIONAL

Question 4

What is the purpose of the State in punishing crimes?

Answer 4

To secure justice

Question 5

Theories justifying penalty (5)

Answer 5

1. Prevention
2. Self-defense
3. Reformation
4. Exemplarity
5. Justice

Question 6

What does the theory justifying penalty of Prevention posit?

Answer 6

The State must punish the criminal to PREVENT or SUPPRESS the danger to the State arising from the criminal acts of the offender

Question 7

What does the theory justifying penalty of Self-defense posit?

Answer 7

The State HAS A RIGHT to punish the criminal as a measure of SELF-DEFENSE so as to protect society from the threat and wrong inflicted by the criminal

Question 8

What does the theory justifying penalty of Reformation posit?

Answer 8

The object of punishment in criminal cases is TO CORRECT AND REFORM the offender

Question 9

What does the theory justifying penalty of Exemplaity posit?

Answer 9

The criminal is punished to serve as an EXAMPLE to DETER others from committing crimes

Question 10

What does the theory justifying penalty of Justice posit?

Answer 10

That crime must be punished by the State as an act of RETRIBUTIVE JUSTICE, as vindication of absolute right and moral law violated by the criminal

Question 11

The three-fold purpose of penalty under the RPC (3)

Answer 11

1. Retribution or expiation
2. Correction or reformation
3. Social defense

Question 12

What do you mean by retribution or expiation as one of the three purposes of penalty under the RPC?

Answer 12

The penalty is COMMENSURATE with the gravity of the offense

Question 13

What do you mean by correction or reformation as one of the three purposes of penalty under the RPC?

Answer 13

As shown by the rules which REGULATE the execution of the penalties consisting in deprivation of liberty

Question 14

What do you mean by social defense as one of the three purposes of penalty under the RPC?

Answer 14

Shown by its INFLEXIBLE SEVERITY to recidivists and habitual delinquents

Question 15

What is the Constitutional restriction on penalties

Answer 15

The Constitution directs that EXCESSIVE FINES SHALL NOT BE IMPOSED, NOR CRUEL AND UNUSUAL PUNISHMENT INFLICTED”

Question 16

When is a punishment “cruel and unusual”?

Answer 16

When it is disproportionate to the offense committed as to SHOCK the MORAL SENSE of all reasonable men as to what is right and proper under the circumstances

Question 17

Are fines and imprisionment cruel and unusual punishment?

Answer 17

No

Question 18

State Art. 21 of the RPC

Answer 18

Penalties that may be imposed - No felony shall be punishable by any penalty not prescribed by law prior to its commission

Question 19

Does Art. 21 of the RPC apply to any of the provisions of the RPC?

Answer 19

No, because every felony defined in the Code has a penalty prescribed

Question 20

When can Art. 21 of the RPC be invoked?

Answer 20

Only when a person is being tried for an act or omission for which no penalty has been prescribed by law

Question 21

Is Art. 21 a penal provision?

Answer 21

No. It neither defines a crime nor provides a punishment for one

Question 22

Can a subsidiary penalty for a crime be imposed if it was “not prescribed by law prior to its commission”?

Answer 22

No, it should have been in force during the commission