ARTICLES 62-70

Question 1

What is generally the effect of aggravating/mitigating/habitual delinquency to a penalty?

Answer 1

Effect of the attendance of aggravating or mitigating circumstances or of habitual delinquency.

1. Aggravating circumstances (generic and specific) have the effect of increasing the penalty, without, however, exceeding the maximum provided by law.
2. Mitigating circumstances have the effect of diminishing the penalty.
3. Habitual delinquency has the effect, not only of increasing the penalty because of recidivism which is generally implied in habitual delinquency, but also of imposing an additional penalty.

Question 2

Explain the rules on aggravating circumstances.

Answer 2

Aggravating circumstances generally have the effect of increasing the penalty, without, however, exceeding the maximum provided by law, except:

The following aggravating circumstances are not to be taken into account to increase the penalty:

(1) in themselves constitute a crime especially punished by law (EG: ARSON AND THE AGGRAVATING CIRCUMSTANCE ON CRIMES COMMITTED BY MEANS OF FIRE)
(2) are included by the law in defining a crime and prescribing the penalty therefor (TRESPASSING AND THE AGGRAVATING CIRCUMSTANCE ON CRIMES COMMITTED AFTER AN UNLAWFUL ENTRY)

In addition:
1. If in the commission of a crime, advantage was taken by the offender of his public position, the penalty to be imposed SHALL BE IN ITS MAXIMUM REGARDLESS OF MITIGATING CIRCUMSTANCES (As amended by RA 7659)

2. The maximum penalty shall be imposed if the offense was committed by any person who belongs to an organized/syndicated crime group.

Question 3

T or F
Aggravating and mitigating circumstance which are:
1. Caused by the moral attributes of the offender
2. or his relations with the offended
3. or any other PERSONAL CAUSE

SHALL ACCRUE TO ALL OFFENDERS.

Answer 3

False. It shall ACCRUE ONLY TO THE OFFENDER HAVING SUCH ATTRIBUTES.

Question 4

What is a syndicated crime group?

Answer 4

An organized/syndicated crime group means a group of two or more persons collaborating confederating or mutually helping one another for purposes of gain in the commission of any crime.

Question 5

T or F

The rule that in conspiracy the act of one is the act of all, does not mean that the crime of one is the crime of all.

Answer 5

True.

Question 6

T or F
The circumstances attending the commission of a crime relate either (1) to the persons participating in the same, or (2) to its material execution, or to the means employed.

Answer 6

True.

Question 7

A induced B to kill C. B killed C by poisoning C’s food when B invited C for dinner. Will the aggravating circumstance of employing poison to carry out the crime be appreciated against A?

Answer 7

It will depend whether or not A had knowledge of the means used, which is the usage of poison to kill A.

The factors to consider on aggravating circumstance are:

(1) to the persons participating in the same, or
(2) to its material execution, or to the means employed.

If A had no knowledge, no aggravating circumstance.

Question 8

S induced four Igorots to kill B. S instructed them to hide in the bushes until night when they should go to the house of B and kill him. The crime was committed by the four Igorots as they were instructed. The trial court considered the aggravating circumstance
of nocturnity against the four Igorots but not against S.
Is the ruling of the trial court correct?

Answer 8

No, nocturnity being a circumstance in the material execution of the deed and one of the means employed to accomplish its commission, and S having knowledge of its use, should be considered against S.

Question 9

Who is a habitual delinquent?

Answer 9

A person is a habitual delinquent if within a period of ten years from the date of his (last) release or last conviction of the crimes of (1) serious or less serious physical injuries, (2) robo, (3) hurto, (4) estafa, or (5) falsification, he is found guilty of any of said crimes a third time or oftener.

Question 10

T or F
The habitual delinquent is given an additional penalty which increases with the number of convictions starting from the 3rd conviction, but for each conviction, the total of the two penalties (penalty for the crime committed and the additional penalty) MUST NOT EXCEED 20 YEARS.

Answer 10

FALSE. MUST NOT EXCEED 30 YEARS.

Question 11

What are the requisites of habitual delinquency?

Answer 11

1. Offender had been convicted of any of the crimes of serious or less serious physical injuries, robbery, theft, estafa, or falsification.
2. Within 10 years from that 1st CONVICTION OR RELEASE FROM PRISON AFTER serving sentence for that 1st conviction, he was again convicted of any of the said crimes for the 2nd time.
3. Within 10 years from that 2nd CONVICTION OR RELEASE FROM PRISON AFTER serving sentence for that 2ndconviction, he was again convicted of any of the said crimes for the 3rd time or oftener.

He becomes a habitual delinquent upon the 3rd conviction.

Question 12

What are the only crimes where one can become a habitual delinquent?

Answer 12

1. Physical injuries (serious or less serious)
2. Robbery
3. Theft
4. Estafa
5. Falsification

Question 13

A committed robbery and was convicted. 5 years later he committed physical injuries and was convicted. 3 years later he was convicted of theft. Is he a habitual delinquent?

Answer 13

Yes, even though the crimes are different, since all the crimes he committed falls under what is punishable being a habitual delinquent.

Question 14

A committed robbery and was convicted. 5 years later he committed physical injuries and was convicted. 3 years later he was convicted of rape. Is he a habitual delinquent?

Answer 14

No. Rape is not part of the crimes punishable as being a habitual delinquent.

Question 15

T or F
In habitual delinquency, the counting of the 10 year period may be reckoned either from the day the accused was convicted OR from the day he was released after serving the sentence.

Answer 15

True.

Question 16

What are the additional penalties for habitual delinquents?

Answer 16

Additional penalty for habitual delinquency:

1. Upon a third conviction, the culprit shall be sentenced to the penalty provided by law for the last crime of which he is found guilty and to the additional penalty of prision correccional in its medium and maximum periods.
2. Upon a fourth conviction, the culprit shall also be sentenced to the additional penalty of prision mayor in its minimum and medium periods.
3. Upon a fifth or additional conviction, the culprit shall also be sentenced to the additional penalty of prision mayor in its minimum period to reclusion temporal in its minimum period.

The total of the two penalties shall not exceed 30 years. The two penalties refer to (1) the penalty for the last crime of which he is found guilty and (2) the additional penalty for being a habitual delinquent.

Question 17

What are the differences between recidivism and habitual delinquency?

Answer 17

Habitual delinquency distinguished from recidivism.

(1) As to the crimes committed. In recidivism, it is sufficient that the accused on the date of his trial, shall have been previously convicted by final judgment of another crime embraced in the same title of the Code; in habitual delinquency, the crimes are specified.
(2) As to the period of time the crimes are committed. In recidivism, no period of time between the former conviction and the last conviction is fixed by law; in habitual delinquency, the offender is found guilty of any of the crimes specified within ten years from his last release or last conviction.
(3) As to the number of crimes committed. In recidivism, the second conviction for an offense embraced in the same title of the Code is sufficient; in habitual delinquency, the accused must be found guilty the third time or oftener of any of the crimes specified.
(4) As to their effects. Recidivism, if not offset by a mitigating circumstance, serves to increase the penalty only to the maximum; whereas, if there is habitual delinquency, an additional penalty is also imposed.

Question 18

T or F
If a single indivisible penalty is imposed (reclusion perpetua) the same penalty shall be applied regardless of aggravating or privileged/ordinary mitigating circumstances present in the case.

Answer 18

False. Reclusion perpetua will still be imposed regardless of aggravating or mitigating circumstances, but it will be reduced IN THE CASE OF PRIVILEGED MITIGATING CIRCUMSTANCES.

Question 19

X, 17 years old, killed Y with treachery. He has 2 mitigating circumstances in his favor. Penalty for murder is reclusion perpetua. What penalty will be imposed on X?

Answer 19

Reclusion temporal, because of a privileged mitigating circumstance favoring X which is minority. Art 68 provides that minors over 15 but below 18 be granted the mitigating circumstance of minority, and reducing the penalty by one degree.

Question 20

X, 25 years old, killed Y with treachery. He has 2 mitigating circumstances in his favor. Penalty for murder is reclusion perpetua. What penalty will be imposed on X?

Answer 20

Reclusion perpetua, regardless of the 2 mitigating circumstances present by virtue of Article 63 paragraph 1.

Question 21

T or F

The Indeterminate Sentence Law is not applied when reclusion perpetua is imposed as a single indivisible penalty.

Answer 21

True.

Question 22

If a penalty contains three periods and there are no mitigating nor aggravating circumstance, what is the proper period of the penalty to be imposed?

Answer 22

The penalty in its medium period.

Question 23

If a penalty contains three periods and there are is one mitigating circumstance, what is the proper period of the penalty to be imposed?

Answer 23

The penalty in its minimum period.

Question 24

If a penalty contains three periods and there are is one aggravating circumstance, what is the proper period of the penalty to be imposed?

Answer 24

The penalty in its maximum period.

Question 25

If a penalty contains three periods and there are several mitigating and aggravating circumstances, what is the proper period of the penalty to be imposed?

Answer 25

Offset the aggravating and mitigating circumstances, and then:

1. If one mitigating circumstance is left, period in the minimum
2. If one or more aggravating circumstance is left, period in the maximum
3. If two or more mitigating circumstance is left WITH NO AGGRAVATING CIRCUMSTANCE, lower the penalty by 1 degree

Question 26

B committed a crime punishable by reclusion temporal without any mitigating or aggravating circumstance. In what period should reclusion temporal be?

Answer 26

RT - medium

Question 27

B committed a crime punishable by reclusion temporal with 1 mitigating circumstance. In what period should reclusion temporal be?

Answer 27

RT - Minimum

Question 28

B committed a crime punishable by reclusion temporal with 1 aggravating circumstance. In what period should reclusion temporal be?

Answer 28

RT - maximum

Question 29

B committed a crime punishable by reclusion temporal with 2 mitigating circumstances and 1 aggravating circumstance. In what period should reclusion temporal be?

Answer 29

Offset M and A - RT minimum

Question 30

B committed a crime punishable by reclusion temporal with 1 mitigating circumstances and 2 aggravating circumstance. In what period should reclusion temporal be?

Answer 30

Offset - RT - maximum

Question 31

B committed a crime punishable by reclusion temporal with 2 mitigating circumstances. In what period should reclusion temporal be?

Answer 31

If more than two MC w/o AC - 1 degree lower - Prision Mayor

Question 32

T or F

The courts may not lower the penalty when there is one aggravating circumstance and 3 or more mitigating circumstance.

Answer 32

True. Lower only if there is no AC

Question 33

T or F

If there are 4 or more mitigating circumstances, the courts may lower the degree by 2.

Answer 33

False, only up to 1 degree only if there are 2 or more MC.

Question 34

T or F

There are mitigating and aggravating circumstances in felonies through negligence.

Answer 34

False, MC and AC are not applied in cases of culpable felonies.

Question 35

T or F
In imposing fines, the courts may fix any amount within the limits established by law; in fixing the amount in each case attention shall be given, not only to the MC and AC, but more particularly to the wealth and means of the culprit.

Answer 35

True. Art 66

Question 36

What are privileged mitigating circumstances?

Answer 36

Art 68 as amended by RA 9344 and Art 69:

1. Minority
   a. Child is 15 and below - no criminal liability
   b. Above 15 but below 18 and acted with no discernment - no criminal liability
   c. Above 15 but below 18 and acting with discernment - criminal liability entitled to a privileged mitigating circumstance of 1 degree lower than that prescribed by law.
2. Presence of incomplete justifying/exempting circumstance provided MAJORITY of their conditions are present - dependent upon courts discretion, may be 1 or 2 degrees lower as PMC.

3.

Question 37

T or F

In claiming incomplete self-defense, there must be unlawful aggression always.

Answer 37

True.

Question 38

Differentiate incomplete self defense and only unlawful aggression as a mitigating circumstance.

Answer 38

Incomplete self defense - UA + 1 other requisite = PMC, 1 degree lower

Unlawful aggression only = Ordinary mitigating circumstance = penalty only in the minimum

Question 39

T or F

Simultaneous service of sentences means that the penalties can be served at the same time.

Answer 39

True

Question 40

T or F
Successive service of sentences means that the penalties of imprisonment should be served one after the other in the order of their severity using the scale in Art 70.

Answer 40

True.

Question 41

T or F
“In the order of their severity” means that the most severe penalty should be served first as shown in the scale in Art 70.

Answer 41

True.

Question 42

Explain the 3-fold rule.

Answer 42

Under the 3-fold rule, the maximum period that can be served by the convict is equal to 3 times the most severe of the penalties or the total of the penalties imposed, whichever is lower. But in no case shall this maximum period of imprisonment exceed 40 years.