Article 25 Flashcards
Under Art. 25 of the RPC, these are the Principal Penalties: (5)
- Capital Punishment
- Afflictive Penalties
- Correctional Penalties
- Light Penalties
- Penalties common to the three preceding classes
What is the capital punishment under Art. 25 of the RPC?
Death
What are afflictive penalties under Art. 25 of the RPC? (5)
- Reclusion perpetua
- Reclusion temporal
- Perpetual or temporary ABSOLUTE disqualification
- Perpetual or temporary SPECIAL disqualification
- Prision Mayor
What are correctional penalties under Art. 25 of the RPC? (4)
- Prision correcional
- Arresto Mayor
- Suspension
- Destierro
What are light penalties under Art. 25 of the RPC? (2)
- Arresto Menor
- Puclic Censure
What are penalties common to the afflictive, correctional, and light penalties under Art. 25 of the RPC? (2)
- Fine
- Bond to keap the peace
Under Art. 25 of the RPC, these are the Accessory Penalties (7)
- Perpetual or temporary absolute disqualification
- Perpetual or temporary special disqualification
- Suspension from public office, the right to vote and be voted for, the profession or calling
- Civil interdiction
- Indeminification
- Forefeiture or confiscation of instruments and proceeds of the offense
- Payment of cost
Is a sentence of “five years in Bilibid”, a valid sentence?
No
Is penalty of hard labor valid?
No
Is penalty of cadena perpetua valid?
No
Is life imprisionment and reclusion perpetua the same?
No
Differentiate life imprisonment and reclusion perpetua (3)
- Life imprisonment is imposed by special law while Reclusion Perpetua is imposed by the Revised Penal Code
- Life imprisonment does not appear to have any definite extent or duration, while Reclusion Perpetua entails imprisonment for 40 years or 30 years if the accused had undergone preventive imprisonment
- Reclusion perpetua carries accessory penalties while life imprisonment does not
What are principal penalties?
Those expressly imposed by the court in the judgement or conviction
What are accessory penalties?
Those that are deemed included in the imosition of the principal penalties
Two classes of penalties according to divisibility (2)
- Divisible
- Indivisible
What are indivisible penalties
Those which have no fixed duration
The indivisible penalties (4)
- Death
- Reclusion Perpetua
- Perpetual absolute or special disqualification
- Public censure
What are divisible penalties
Those that have fixed duration and are divisible into three periods
Classifications of penalties according to subject-matter (5)
- Corporal (death)
- Deprivation of freedom (reclusion,prision, arresto)
- Restriction of freedom (destierro)
- Deprivation of rights (disqualification and suspension)
- Pecuniary (fine)
Classification of penalties according to their gravity (4)
- Capital
- Afflictive
- Correctional
- Light
Is public censure a penalty?
Yes
Is there a law that prescribes what a judge may and may not say?
No
These penalties may either be principal or accessory penalties (3)
- Perpetual or temporary absolute disqualification
- Perpetual or temporary special disqualification
- Suspension
Is there a felony in the RPC that imposes the penalty of “bond to keep the peace?”
No. Hence, it is almost a non-existent penalty
