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CRIMINAL LAW 1 > ARTICLES 25-61 > Flashcards

ARTICLES 25-61 Flashcards

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1
Q

What are the penalties that may be imposed for commission of felonies?

A
  1. Capital Punishment - Death
  2. Afflictive penalties
    • Reclusion perpetua -
    • Reclusion temporal
    • Perpetual or temporary absolute disqualification
    • Perpetual or temporary special disqualification
    • Prision mayor
  3. Correctional penalties
    • Prision correccional
    • Arresto mayor
    • Suspension
    • Destierro
  4. Light penalties
    • Arresto menor
    • Public censure
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2
Q

What are common among all the penalties?

A
  1. Fine

2. Bond to keep the peace

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3
Q

What are the accessory penalties?

A
  1. Perpetual or temporary absolute disqualification
  2. Perpetua l o r temporary special disqualification
  3. Suspension from public office, the right to vote and be voted for, the profession or calling
  4. Civil interdiction
  5. Indemnification
  6. Forfeiture o r confiscation o f instruments and proceeds of the offense
  7. Payment of cost.
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4
Q

What law prohibited the imposition of death penalty?

A

Republic Act No. 9346 which was signed into law on June 24, 2006 prohibited the imposition of the death penalty, and provided for the imposition of the penalty of reclusion perpetua in lieu of death, the law violated makes use of the nomenclature of the penalties of the Revised Penal Code.

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5
Q

What are principal penalties?

A

Principal penalties — those expressly imposed by the court in the judgment of conviction.

The principal penalties may be classified:
According to their divisibility.
1. Divisible.
2. Indivisible.

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6
Q

What are accessory penalties?

A

Accessory penalties — those that are deemed included in the imposition of the principal penalties.

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7
Q

What are indivisible penalties?

A

Indivisible penalties are those which have no fixed duration.
The indivisible penalties are:
1. Death.
2. Reclusion perpetua.
3. Perpetual absolute or special disqualification.
4. Public censure.

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8
Q

What are divisible penalties?

A

Divisible penalties are those that have fixed duration and are divisible into three periods.

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9
Q

What is a fine?

A

A fine, whether imposed as a single or as an alternative penalty, shall be considered an afflictive penalty, if it exceeds P1,200,000.00; a correctional penalty, if it does NOT exceed P1,200,000.00 but is not less than P40,000.00; and a light penalty if it be less than P40,000.00.

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10
Q

Differentiate reclusion perpetua from life imprisonment.

A

Reclusion perpetua

  • Penalty imposed for serious offenses UNDER RPC
  • Fixed duration of 20yrs and one day to 40 yrs
  • Accompanied with accessory penalties (civil interdiction, perpetual absolute disqualification)

Life imprisonment

  • Penalty imposed for serious offenses UNDER SPECIAL PENAL LAWS
  • No fixed duration
  • No accessory penalties
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11
Q

T or F

There is no penalty of life imprisonment under RPC.

A

True.

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12
Q

T or F

For felonies under RPC, courts must use the nomenclature of penalties in Article 25.

A

True, because the system of penalties under RPC and special penal laws are different.

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13
Q

T or F

For both reclusion perpetua and life imprisonment, the maximum duration of a convicts sentence shall only be 30 years.

A

False, 40 years.

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14
Q

T or F

Imprisonment for life is a penalty found in special laws.

A

False, there is no such thing as imprisonment for life, since it would be violative of Art 70 of the RPC (3-fold rule)

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15
Q

T or F
For both reclusion perpetua and life imprisonment, a convict becomes eligible for pardon by the President after 40 years.

A

False, 30 years.

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16
Q

When are fines considered afflictive, correctional, and light?

A

Afflictive fine - More than 1.2M
Correctional fine - 40,001 - 1.2M
Light fine - 40,000 below

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17
Q

T or F
In the imposition of fines, the court can fix any amount within the limits established by law. In fixing such amount, it must consider the presence of mitigating/aggravating and the wealth or means of the offender.

A

True.

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18
Q

What is the corresponding accessory penalty for reclusion perpetua?

A

Civil interdiction for life or during the period of the sentence and perpetual absolute disqualification

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19
Q

What is the corresponding accessory penalty for reclusion temporal?

A

Civil interdiction for life or during the period of the sentence and perpetual absolute disqualification

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20
Q

What is the corresponding accessory penalty for prision mayor?

A

Temporary absolute disqualification; perpetual special disqualification from the right of suffrage

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21
Q

What is the corresponding accessory penalty for prision correcional?

A

Suspension from public office, suspension from the right to follow a profession or calling, perpetual special disqualification from the right of suffrage if the duration of imprisonment is 18 months

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22
Q

What is the corresponding accessory penalty for arresto mayor?

A

Suspension of the right to hold office and right of suffrage during the term of the sentence.

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23
Q

What is the corresponding accessory penalty for arresto menor?

A

Suspension of the right to hold office and right of suffrage during the term of the sentence.

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24
Q

T or F
The accessory penalty common to all principal penalties is the confiscation or forfeiture of the instruments or proceeds of the crime.

A

True.

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25
Q

What are the penalties with imprisonment?

A
  1. Reclusion perpetua
  2. Reclusion temporal
  3. Prision Mayor, absolute disqualification and special temporary disqualification
  4. Prision Correcional
  5. Arresto Mayor
  6. Arresto Menor
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26
Q

What is the duration of imprisonment for reclusion perpetua?

A

20 years and one day to 40 years

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27
Q

What is the duration of imprisonment for reclusion temporal?

A

12 yrs 1 day – 20 yrs
Maximum - 17 yrs 4 months 1 day – 20 yrs
Medium - 14yrs 8months 1 day – 17 yrs 4 months
Minimum - 12yrs 1 day – 14 yrs 8 months

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28
Q

What is the duration of imprisonment for Prision Mayor, absolute disqualification and special temporary disqualification?

A

From 6 years and 1 day to 12 years.
Maximum - 10 years and 1 day to 12 years
Medium - 8 years and 1 day to 10 years
Minimum - 6 years and 1 day to 8 years

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29
Q

What is the duration of imprisonment for Prision correccional, suspension and destierro?

A

6 months and 1 day to 6 years

Maximum - 4 years, 2 months and 1 day to 6 years
Medium - 2 years, 4 months and 1 day to 4 years and 2 months
Minimum - 6 months and 1 day to 2 years and 4 months

30
Q

What is the duration of imprisonment for Arresto mayor?

A

1 month and 1 day to 6 months

Maximum - 4 months and 1 day to 6 months
Medium - 2 months and 1 day to 4 months
Minimum - 1 to 2 months

31
Q

What is the duration of imprisonment for arresto menor?

A

1 to 30 days

Maximum - 21 to 30 days
Medium - 11 to 20 days
Minimum - 1 to 10 days

32
Q

T or F
Originally, reclusion perpetua had no fixed duration and was intended to last for the rest of the convict’s natural life although under Article 70 the maximum duration of imprisonment shall only be 40 years.

RA 7659 later amended Article 27 and fixed its duration from 20 years and 1 day to 40 years.

A

True.

33
Q

T or F

Reclusion perpetua is an indivisible penalty.

A

True. It is still an indivisible penalty even if it has a duration.

34
Q

T or F

Arresto mayor is lighter than destierro.

A

False.

Even if the range of destierro is 6months and 1 day to 6 years, it is still considered lighter than arresto mayor.

Arresto mayor is a complete deprivation of liberty while destierro is only banishment or prohibition to enter or reside within a radius of 25km from the place designated in the sentence.

35
Q

How are penalties classified according to subject matter?

A

Classification of penalties according to subject-matter:

  1. Corporal (death).
  2. Deprivation of freedom (reclusion, prision, arresto).
  3. Restriction of freedom (destierro).
  4. Deprivation of rights (disqualification and suspension).
  5. Pecuniary (fine).
36
Q

What are the rules on the computation of penalties as to prison time (Article 28)?

A

The Director of Prisons or the warden should compute the penalties imposed upon the convicts, observing the following rules:

  1. When the offender is in prison — the duration of temporary penalties is from the day on which the judgment of conviction becomes final.
  2. When the offender is not in prison — the duration of penalty consisting 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.
  3. The duration of other penalties — the duration is from
    the day on which the offender commences to serve his sentence.
37
Q

T or F
If the accused, who was in custody, appealed, his service of sentence should commence from the date of the promulgation of the decision of the trial court.

A

False
If the accused, who was in custody, appealed, his service of sentence should commence from the date of the promulgation of the decision of the appellate court, not from the date the judgment of the trial court was promulgated.

38
Q

T or F

The service of a sentence of one in prison begins only on the day the judgment of conviction becomes final.

A

True.

39
Q

When is there preventive imprisonment?

A

There is preventive imprisonment when the accused undergoes preventive imprisonment when the offense charged is nonbailable, or even if bailable, he cannot furnish the required bail.

40
Q

T or F
The full time or four-fifths of the time during which offenders have undergone preventive imprisonment shall be deducted from the penalty imposed.

A

True.

41
Q

How is it determined whether full time or 4/5 of the time during preventive imprisonment is credited?

A

Full - Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence with the full time during which they have undergone preventive imprisonment, if the detention
prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners.

4/5 - If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment.

42
Q

Who are the offenders not entitled to the full time or four-fifths of the time of preventive imprisonment?

A

The following offenders are not entitled to be credited with the full time or 4/5 of the time of preventive imprisonment:

  1. Recidivists or those convicted previously twice or more times of any crime.
  2. Those who, upon being summoned for the execution of their sentence, failed to surrender voluntarily.
43
Q

T or F
Recidivist and habitual delinquents are also entitled to the full time or four-fifths of the time of preventive imprisonment.

A

False.
Recidivists or those convicted previously twice or more
times of any crime, as well as habitual delinquents are not entitled to the full time or 4/5 of the time of preventive imprisonment, because a habitual delinquent is necessarily a recidivist or that at least he has been “convicted previously twice or more times of any crime.”

44
Q

What are the penalties of temporary absolute disqualification for public office?

A

The penalties of perpetual or temporary absolute disqualification for public office produce the following effects:
a. Deprivation of public offices and employments, even
if by election.
b. Deprivation of right to vote or to be elected.
c. Disqualification for the offices or public employments
and for the exercise of any of the rights mentioned.
d. Loss of right to retirement pay or pension for any
office formerly held. (Art. 30)

45
Q

What are the penalties of perpetual or temporary special disqualification for public office, profession or calling?

A

The penalties of perpetual or temporary special disqualification for public office, profession or calling produce the following effects:

a. Deprivation of the office, employment, profession or
calling affected.
b. Disqualification for holding similar offices or employments perpetually or during the term of the sentence. (Art. 31)

46
Q

What are the penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage?

A

a. Deprivation of the right to vote or to be elected to any public office.

b. Cannot hold any public office during the period of
disqualification. (Art. 32)

47
Q

What are the penalties of suspension from public office, profession or calling or the right of suffrage?

A

The penalties of suspension from public office, profession or calling or the right of suffrage produce the following effects:

a. Disqualification from holding such office or exercising
such profession or calling or right of suffrage during
the term of the sentence.

b. If suspended from public office, the offender cannot
hold another office having similar functions during
the period of suspension. (Art. 33)

48
Q

What are the effects of civil interdiction?

A

Civil interdiction shall produce the following effects:
a. Deprivation of the rights of parental authority or
guardianship of any ward.
b. Deprivation of marital authority.
c. Deprivation of the right to manage his property and
of the right to dispose of such property by any act or
any conveyance inter vivos. (Art. 34)

49
Q

What is the difference between perpetual absolute disqualification and temporary absolute disqualification?

A

Perpetual absolute disqualification is effective during the lifetime of the convict and even after the service of the sentence.

Temporary absolute disqualification lasts during the term of the sentence, and is removed after the service of the same, except (1) deprivation of the public office or employment; and (2) loss of all rights to retirement pay or other pension for any office formerly held.

50
Q

What are the effects of a pardon by the President?

A

Effects of pardon by the President.
1. A pardon shall not restore the right to hold public office or the right of suffrage.

Exception: When any or both such rights is or are
expressly restored by the terms of the pardon.

  1. It shall not exempt the culprit from the payment of the
    civil indemnity. The pardon cannot make an exception to this rule.
51
Q

What are the limitations on the exercise of pardoning power?

A

Limitations upon the exercise of the pardoning power:
1. That the power can be exercised only after conviction;

  1. That such power does not extend to cases of impeachment.
52
Q

Differentiate the pardon of the Chief Executive from the pardon of the offended party.

A

Pardon by the Chief Executive distinguished from pardon by the offended party:
1. Pardon by the Chief Executive extinguishes the criminal liability of the offender; such is not the case when the pardon is given by the offended party.

  1. Pardon by the Chief Executive cannot include civil liability which the offender must pay; but the offended party can waive the civil liability which the offender must pay.
  2. In cases where the law allows pardon by the offended party (Art. 344), the pardon should be given before the institution of criminal prosecution and must be extended to both offenders; whereas, pardon by the Chief Executive is granted only after conviction and may be extended to any of the offenders.
53
Q

What are costs? What are included as costs?

A

Costs which are expenses of litigation are chargeable to the accused only in cases of conviction. In case of acquittal, the costs are de oficio, each party bearing his own expenses.

The following are included in costs:

  1. Fees, and
  2. Indemnities, in the course of judicial proceedings.
54
Q

T or F

No costs shall be allowed against the Republic of the Philippines, unless otherwise provided by law.

A

True.

55
Q

T or F

The payment of costs is a matter that rests entirely upon the discretion of courts.

A

True.

56
Q

What is the order for payment for pecuniary liabilities?

A

Art. 38. Pecuniary liabilities — Order of payment. — In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following order :

1 . The reparation of the damage caused.
2 . Indemnification of the consequential damages.
3. The fine.
4 . The costs of the proceedings.

57
Q

When is the order for payment for pecuniary liabilities applicable?

A

Art 38 is applicable “in case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities.”

Hence, if the offender has sufficient or no property, there is no use for Art. 38.

58
Q

What is subsidiary penalty?

A

It is a subsidiary personal liability to be suffered by the convict who HAS NO PROPERTY WITH WHICH TO MEET THE FINE, at the rate of one day for each eight pesos(BY VIRTUE OF RA 10159, THE RATE IS NOW EQUAL TO THE PREVAILING HIGHEST MINIMUM WAGE IN THE PHILIPPINES AT THE TIME OF CONVICTION), subject to the rules provided for in Article 39.

59
Q

T or F

Subsidiary penalties are imposable whether the crime is punishable under RPC or Special Laws.

A

True.

60
Q

T or F

Subsidiary penalty is either a principal or accessory penalty.

A

False. It is NEITHER.

61
Q

T or F
Subsidiary penalty must be expressly stated in the judgment. Said judgment should provide that in case of non-payment of the fine, the convict shall be required to undergo subsidiary penalty.

A

True.

62
Q

T or F
If the judge failed to state in the sentence that the convict shall be required to suffer subsidiary penalty in case of insolvency to pay the fine, the convict can be required to suffer subsidiary penalty.

A

False.
If the judge failed to state in the sentence that the convict shall be required to suffer subsidiary penalty in case of insolvency to pay the fine, the convict CANNOT be required to suffer subsidiary penalty.

63
Q

T or F

The convict can choose to either pay the fine or serve the equivalent subsidiary penalty.

A

False. THE CONVICT CANNOT CHOOSE NOT TO PAY THE FINE and instead serve the subsidiary penalty.

64
Q

What law changed the rate of subsidiary penalty from 8pesos to the prevailing highest minimum wage in the Philippines at the time of conviction.

A

RA 10159.

65
Q

T or F
By virtue of RA 10159, the rate of the subsidiary penalty is now the highest prevailing minimum wage in the region where the offender was convicted.

A

FALSE. By virtue of RA 10159, the rate of the subsidiary penalty is now the HIGHEST PREVAILING MINIMUM WAG IN THE PHILIPPINES AT THE TIME OF CONVICTION.

RA 10159 which amended Art. 39 of the RPC does not distinguish where the convict is situated. The amendatory law explicitly states that it shall be based on the “highest minimum wage rate prevailing in the Philippines at the time of the rendition of judgment of conviction by the trial court” without qualification. Under the rules on statutory construction, where the law does not distinguish, we should not distinguish. Also, the same is favorable to the accused. It lessens the number of days of “subsidiary imprisonment” when the minimum wage rate is high.

66
Q

What are the rules on subsidiary imprisonment?

A

Rules as to subsidiary imprisonment:
1. If the penalty imposed is prision correccional or arresto and fine — subsidiary imprisonment, not to exceed 1/3 of the term of the sentence, and in no case to continue for more than one year. Fraction or part of a day, not counted.

  1. When the penalty imposed is fine only — subsidiary imprisonment, not to exceed 6 months, if the culprit is prosecuted for grave or less grave felony, and not to exceed 15 days, if prosecuted for light felony.
  2. When the penalty imposed is higher than prision correctional — no subsidiary imprisonment.
  3. If the penalty imposed is not to be executed by confinement, but of fixed duration — subsidiary penalty shall consist in the same deprivations as those of the principal penalty, under the same rules as in Nos. 1, 2 and 3 above.
  4. In case the financial circumstances of the convict should improve, he shall pay the fine, notwithstanding the fact that the convict suffered subsidiary personal liability therefor.
67
Q

A was sentenced to 2 years and 3 months of destierro and a fine of 100,000. What is the period of subsidiary penalty? Assume the highest minimum wage in the PH at time of conviction is 537 pesos.

A

Applying rule 1 of Art 39 (imprisonment + fine) but not to exceed 1 year provided that the penalty not be higher than prision correcional

Choice 1
Total imprisonment time / 3
2yrs+3months = 27months
27 months / 3 = 9months = 270 days

Choice 2
Total fine / highest wage
100000/537 = 186 days

Therefore the subsidiary penalty is 186 days, it being lower than 270 days and 1 year maximum.

68
Q

A was sentenced to 15 days of arresto menor and a fine of Php 20,000. What is the period of subsidiary imprisonment? Assume the highest minimum wage in the PH at time of conviction is 537 pesos.

A

Applying rule 1 of Art 39 (imprisonment + fine) but not to exceed 1 year provided that the penalty not be higher than prision correcional

Choice 1
Total imprisonment time / 3
15days / 3 = 5 days

Choice 2
Total fine / highest wage
20000/537 = 37 days

Choice 3
1 year

Therefore the subsidiary penalty is 5 days, it being lower than 37 days and 1 year maximum.

69
Q

A was sentenced to pay a fine of 1,000,000. What is the period of subsidiary imprisonment? Assume the highest minimum wage in the PH at time of conviction is 537 pesos.

A

Applying Rule 2 of Art 39, when the penalty imposed is fine only — subsidiary imprisonment, not to exceed 6 months, if the culprit is prosecuted for grave or less grave felony, and not to exceed 15 days, if prosecuted for light felony.
Grave - Above 1.2M
Less Grave - 40,001 - 1.2M
Light - 40,000 and below

1,000,000 / 537 = 1862 days or approx 62 months
vs
6months max

Therefore the subsidiary penalty is 6months, it being lower than 62 months.

70
Q

A was sentenced to 4 years, 9 months and 10 days of prision correcional, with a penalty of 270,000. What is the period of subsidiary penalty? Assume the highest minimum wage in the PH at time of conviction is 537 pesos.

A

Applying rule 1 of Art 39 (imprisonment + fine) but not to exceed 1 year provided that the penalty not be higher than prision correcional

Choice 1 
Total imprisonment time / 3
4 years 9 months and 10 days = 
4(365) + 9(30) + 10 = 1740 days
1740 / 3 = 580 days

Choice 2
Total fine / highest wage
270000/537 = 502 days

Choice 3
1 year

Therefore the subsidiary penalty is 1 year, it being lower than 580 and 502 days.

71
Q

A was sentenced to pay a fine of 2,000,000. What is the period of subsidiary imprisonment? Assume the highest minimum wage in the PH at time of conviction is 537 pesos.

A

2000000/537 = 3724 days
vs
6 months limit

6 months is the subsidiary imprisonment.

72
Q

Will there be subsidiary imprisonment if the penalty imposed is 6 years and 1 day?

A

No, because when one day is added to 6 years, it raises the prison sentence from prision correccional to prision mayor; hence, no subsidiary imprisonment.

CRIMINAL LAW 1 (8 decks)

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