Article 46-47

Question 1

Title of Art. 46 of the RPC

Answer 1

Penalty to be imposed upon principals in general

Question 2

General rule in penalty prescribed in general terms (2)

Answer 2

The penalty prescribed by aw in general terms shall be imposed:
1. Upon the principals
2. For consummated felony

Question 3

Exception to the general rule in penalty prescribed in general terms

Answer 3

The exception is when the penalty to be imposed upon the principal in frustrated or attempted felony is fixed by law

Question 4

What does the graduation of penalties by degrees refer to? (2)

Answer 4

1. Stages of execution (consummated, frustrated or attempted)
2. Degree of criminal participation of the offender (whether as principal, accomplice, or accessory)

Question 5

The three periods a divisible penalty may be divided into (3)

Answer 5

1. Minimum
2. Medium
3. Maximum

Question 6

Title of Art. 47 of the RPC

Answer 6

In what cases the death penalty shall not be imposed; Automatic review of death penalty cases

Question 7

R.A. 9346 prohibited the imposition of which penalty and replaced it with what penalty?

Answer 7

Death penalty. Imposed reclusion perpetua in lieu of death

Question 8

Vote requirement of the Supreme Court for the imposition of the death penalty

Answer 8

Majority vote (8 required since SC is composed of 15 members)

Question 9

When and how appeal is made in cases where penalty imposed is death, reclusion perpetua, or life imprisonment (2)

Answer 9

1. Where the penalty imposed is death - No notice of appeal is necessary. The Court of Appeals will automatically review the judgment
2. Where the penalty imposed is reclusion perpetua or life imprisonment - By Notice of Appeal

Question 10

Does the Court of Appeals have jurisdiction to review cases where the penalty imposed is reclusion perpetua, life imprisonment, or death?

Answer 10

Yes

Question 11

If instead of death penalty, reclusion perpetua is imposed, is there a need to perfect an appeal?

Answer 11

Yes, since only in cases where death penalty is actually imposed that it is automatically reviewed by the Supreme Court

Question 12

Cases where death penalty is not imposed (3)

Answer 12

1. Guilty person is below 18 years of age at the time of the commission of the crime
2. Guilty person is more than 70 years of age
3. When upon appeal or automatic review of the case by the SC, the vote of 8 members is not obtained for the imposition of the death penalty

Question 13

Justifications for death penalty (2)

Answer 13

1. Social defense
2. Exemplarity

Question 14

Is death penalty cruel and unusual?

Answer 14

No, it is not excessive, unjust or cruel, within the meaning of that word in the Constitution

Question 15

When are punishments cruel?

Answer 15

When they involve torture or lingering death

Question 16

These are the crimes where death penalty is imposed (14)

Answer 16

1. Treason
2. Piracy
3. Qualified Piracy
4. Qualified bribery
5. Parricide
6. Murder
7. Infanticide
8. Kidnapping and serious illegal detention
9. Robbery with homicide
10. Destructive arson
11. Rape with homicide
12. Plunder
13. Certain violations of the Dangerous Drugs Act
14. Carnapping

Question 17

Can the court choose not to impose the death penalty when the law requires it?

Answer 17

No, as long as the death penalty remains in the statute books, it is the duty of the judicial officers to respect and apply the law regardless of their private opinion

Question 18

When the accused makes a plea of guilty, can the court skip the presentation of evidence when the crime charged is punished with death?

Answer 18

No, the trial court must require the prosection to present evidence still.
It always must make certain that the blood of the innocent is not spilled