Articles 66 - 69 Flashcards
Title of Art. 66 of the RPC
Imposition of fines
Outline of Art. 66 of the RPC
- Court can fix any amount within the limits established by law
- Court must consider the following:
a. Mitigating and aggravating circumstances
b. More particularly, the wealth or means of the culprit
Title of Art. 67 of the RPC
Penalty to be imposed wen not all the requisites of exemption of the fourth circumstance of Art. 12 are present
Requisites of accident under Art. 12 (Exemptin circumstance)
- Act causing injury is lawful
- Performed with due care
- Injury cuased by mere accident
- No fault or intention to cause the injury
Title of Art. 68 of the RPC
Penalty to be imposed upon a person under eighteen years of age
Penalty for a child under 15 years of age
Exempt from criminal liability but to be subjected to community-based intervention program supervised by the local social welfare and development officer (LSWDO), unless the best interest of the child requires the referral of the child to a youth care facility or Bahay Pag-asa
When is a child above 12 but not exceeding 15 years of age deemed a neglected child (10)
When he commits any of the following:
1. Parricide
2. Murder
3. Infanticide
4. Kidnapping and serious illegal detention, where the victim is killed or raped
5. Robbery, with homicide or rape
6. Destructive arson
7. Rape
8. Carnapping where the driver or occupant is killed or raped
9. Offenses under R.A. 9165 (Comprehensive Dangerous Drugs Act of 2002) punishable by more than 12 years imprisonment
10. Commits an offense second time or oftener who was previously subjected to a community-based intervention program
What is required from the parents of a child that he or she be placed in a youth care facility or Bahay Pag-Asa
Written authoriziation from the parents or guardians for the voluntary commitment of the child
Penalty for a child above 15 but under 18, without discernment
Exempt from criminal liability be to be subject to an intervention program
Penalty for a child above 15 but under 18, with discernment
Diversion proceedings
Title of Art. 69 of the RPC
Penalty to be imposed when the crime committed is not wholly excusable
Requisite in applying Art. 69 of the RPC
Majority of the requisites in applying circumstances in Art. 11 and 12 are present