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Crim Law > Penalties > Flashcards

Penalties Flashcards

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1
Q

Four classes of penalties based on length of penalties

A
  1. Capital Punishment
  2. Afflictive penalties
  3. Correctional penalties
  4. Light penalties
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2
Q

Five classes of afflictive penalties

A
  1. Reclusion perpetua– 20 years + 1 day to 40 years
  2. Reclusion temporal– 12 years + 1 day to 20 years
  3. Prision Mayor– 6 years + 1 day to 12 years
  4. Perpetual or temporary absolute disqualification
  5. Perpetual or temporary special disqualification
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3
Q

Four classes of correctional penalties

A
  1. Prision correctional– 6 months + 1 day to 6 years
  2. Arresto mayor-- 1 month + 1 day to 6 months
  3. Suspension– 6 months + 1 day to 6 years
  4. Destierro– 6 months + 1 day to 6 years
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4
Q

Two classes of light penalties

A
  1. Arresto menor– 1 day to 30 days
  2. Public censure
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5
Q

Two classes of penalties based on divisibility

A
  1. Indivisible penalties
  2. Divisible penalties
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6
Q

Three classes of penalties based on fine

A
  1. Afflictive penalty
  2. Correctional penalty
  3. Light Penalty
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7
Q

Offenders or accused who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, 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

A

Preventive imprisonment

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8
Q

Two exceptions in preventive imprisonment

A
  1. When they are recidivist, or have been convicted previously twice or more times of any crime
  2. When upon being summoned for the execution of their sentence they failed to surrender voluntarily (Article 29).
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9
Q

Two instances wherein preventive imprisonment is applicable?

A
  1. When a crime is not bailable
  2. When the crime is bailable but accused cannot post bail
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10
Q

Imposed upon the convict if he has no property to pay fines

A

Subsidiary imprisonment

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11
Q

Two exceptions of subsidiary imprisonment

A
  1. It CANNOT be imposed when the principal penalty is higher than prision correccional
  2. Principal penalty DOES NOT involve confinement and IS NOT divisible in nature.
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12
Q

Suppose the convict has property BUT DOES NOT want to pay the fine, does he have the choice to do that

A

No. He cannot choose.

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13
Q

Suppose that the private offended party was paid 100K to withdraw the case, will the case be immediately dismissed?

A

NO. The case can continue to be prosecuted regardless of the disposition of the private offended party.

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14
Q

Mandates the imposition of an indeterminate sentence consisting of a minimum term, which is the lower limit of the sentence, and a maximum term, which is the upper limit of the sentence. The sentence is indeterminate BECAUSE SUCH SENTENCE is actually A RANGE.

A

Indeterminate Sentence Law (Act 4103) or ISLAW

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15
Q

Eight instances wherein ISLAW is NOT applicable

A
  1. Convicted of offences punished with death or life imprisonment
  2. Those convicted of treason, conspiracy or proposal to commit treason, misprision of treason, rebellion, sedition, or espionage, or piracy
  3. Those who are habitual delinquents.
  4. Those who shall have** escaped from confinement** or evaded sentence
  5. Those who having been** granted conditional pardon** by the President shall have violated the terms thereof
  6. Those whose maximum period of imprisonment does not exceed one year.
  7. Those** already serving final judgment** upon the approval of this act
  8. Those sentenced to the penalty of destierro or suspension
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16
Q

To identify the minimum penalty, what is the rule?

A

The rule is one degree lower from the maximum penalty without taking into account the mitigating and aggravating circumstance.

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17
Q

allows courts, in the exercise of their discretion, to require community service and rehabilitative counselling in lieu of jail time were the penalties imposed are arresto mayor (imprisonment from one month and one day to six months) and arresto menor (imprisonment from one day to thirty days)

A

RA 11362: Community Service Act

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18
Q

Four guidelines for the CSA

A
  1. It must be served in the place where the crime was committed
  2. Number of** hours** must be completed within the period prescribed
  3. Must undergo rehabilitative counselling under the SWDO
  4. Under the supervision of a probation officer
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19
Q

If the convict violates the terms of the community service, he shall

A

serve the full term of his penalty:
1. In jail
2. House arrest if the penalty is arresto menor

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20
Q

Four important amendments of RA 10592

A
  1. It expanded the application of the good conduct time allowance for prisoners even during preventive imprisonment
  2. It increased the number of days that may be credited for good conduct time allowance
  3. It allowed additional deduction of 15 days for each month of study, teaching, or mentoring service
  4. It** expanded the special time allowance for loyalty** and made it applicable even during preventive imprisonment
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21
Q

RA 10951. The RPC Indexation of Penalties Act.

A

Adjusting the amount or the value of property and damages on which a penalty is based, and the fines imposed under the RPC. Amended the provisions under the RPC.

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22
Q

When the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature of the penalties will permit so, otherwise the order for their respective severity shall be followed so that they may be executed successively or as nearly as may be possible should a pardon have been granted as to the penalty first imposed or should they have been carried out (Art. 70)

A

Successive service of sentence

23
Q

T/F. In successively serving two or more sentences, the maximum period of service of sentence must neither exceed more than three-fold maximum penalty corresponding to the most severe penalty, nor such maximum period be more than 40 years.

A

True. See Three-fold rule and 40 Year Limit

24
Q

Requisite to invoke the three-fold rule and 40 year limit

A

AT LEAST FOUR CONVICTIONS

25
Q

What is the three-fold rule?

A

Look at the MOST SEVERE of the penalties of your at least four convictions, and multiply it by three. That should be the maximum amount of time you should serve for those penalties.

26
Q

What is the 40 year limit?

A

But if that maximum amount exceeds 40 years, the accused will have to suffer 40 years ONLY

27
Q

Seven modes of total extinction of criminal liability?

A
  1. Death of the convict
  2. Service of sentence
  3. Amnesty.
  4. Absolute pardon
  5. Prescription of the **crime. **
  6. Prescription of penalty.
  7. Marriage of the offended party under Art. 344
28
Q

T/F. In instances of the death of the convict, any other civil liability may survive if the crime is predicated on another source of obligation other than felonies

A

True.

29
Q

Prescription of crimes with punishments of death, reclusion perpetua and reclusion temporal

A

20 years

30
Q

Prescription of crimes with punishments of other afflictive penalites, e.g., prision mayor and disqualification

A

15 years

31
Q

Prescription of crimes with punishments of Correctional penalties, e.g., prision correctional, arresto mayor, destierro

A

10 years

32
Q

Prescription of crimes with punishments of Arresto Menor

A

5 years

33
Q

Prescription of crimes with punishments of Libel

A

1 year

34
Q

Prescription of crimes with punishments Oral defamation

A

6 months

35
Q

Prescription of crimes with punishments Other light offenses

A

2 months

36
Q

T/F. PRESCRIPTION RUNS WHEN FROM THE DAY ON WHICH THE CRIME IS DISCOVERED BY THE OFFENDED PARTY, AUTHORITIES, AND TO RUN AGAIN AFTER FILING OF A COMPLAINT OR AN INFORMATION

A

True

37
Q

T/F. PRESCRIPTION CONTINUES TO RUN EVEN WHEN THE OFFENDER IS ABSENT FROM THE PH

A

False.

38
Q

Prescription of penalty of light penalties

A

1 year

39
Q

Disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the Court and to the supervision of a probation officer.

A

Probation

40
Q

T/F. Usually the accused applies for probation after he has been sentenced.

A

True.

41
Q

Who are disqualified from probation? Five people

A
  1. Sentenced to serve a maximum term of imprisonment MORE THAN SIX YEARS
  2. Crime against national security
  3. Previously convicted by final judgment of an offense punished by more than six months and one day of imprisonment OR fine of more than 1,000 pesos.
  4. Have been in probation once
  5. Already serving sentence at the time the substantive provisions of this Decree became applicable
42
Q

Term of probation

A

If penalty is imprisonment for not more than 1 year, probation will NOT exceed 2 years. In other cases, probation will NOT exceed six years

43
Q

Did RA 10707 allow for accused to avail for probation even when he tried to appeal for his conviction

A

Yes.

44
Q

What is pardon

A

An act of grace proceeding from the power entrusted with the execution of laws which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed.

45
Q

Two kinds of pardon

A

A pardon may be CONDITIONAL or ABSOLUTE.

46
Q

Six differences between pardon and amnesty

A
  1. President may grant amnesty WITH CONCURRENCE of the majority of ALL MEMBERS of the Congress. Needs congressional approval.
  2. Amnesty covers political offences, whereas pardon refers to any infraction of peace and order in the state
  3. Amnesty is generally addressed to a group or a community, whereas pardon is granted to an individual or a limited number of individuals
  4. Amnesty is a PUBLIC act of which the court MAY TAKE judicial notice, while pardon is a PRIVATE act
  5. Pardon looks forward and relives the offender from the consequences of an offense. It forgives the punishment.** Amnesty looks backward and abolishes the offense itself as though he had committed no offense.**
  6. Amnesty may be given before or after conviction. Pardon can only be given after conviction by final judgment
47
Q

Three limitations on the pardoning power of the president

A
  1. Can be exercised only after conviction
  2. Power cannot be extended to cases of impeachment
  3. No pardon involving** violations of election laws** shall be granted without favourable recommendation of the COMELEC.
48
Q

Three differences between presidential pardon and pardon by the private offended party?

A
  1. President– extinguishes criminal liability. Victim– DOES NOT
  2. President– DOES NOT extinguish civil liability. Victim– DOES
    3.** President– AFTER conviction by final judgment.** Victim– MUST BE GIVEN PRIOR TO CRIMINAL ACTION
49
Q

Four modes of partial extinction of criminal liability

A
  1. By conditional pardon. A contract between the president and the convict.
  2. By commutation of sentence. Reduction of period of imprisonment or amount of fine
  3. For good conduct of time. Deductions from the term of the sentence for good behavior
  4. Parole. Suspension of sentence after convict serves the minimum term of the indeterminate penalty.
50
Q

A single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other.

A

Complex crime

51
Q

Effect of complex crime

A

The penalty for the more serious crime shall be imposed, the same to be applied in the maximum period

52
Q

Two kinds of complex crimes

A
  1. **Compound crime. **When a single act constitutes two or more grave or less grave felonies
  2. **Complex crime proper. **When an offense is a necessary means of committing another
53
Q

Single crime, consisting of a series of acts all arising from one criminal resolution. It is a continuous, unlawful act or series of act set on foot by a single impulse and operated by an unintermittent force, however long time it may occupy.

A

Continuing crime

54
Q

Six kinds of pecuniary liability

A
  1. Restitution.
  2. Reparation of the damage caused.
  3. Indemnification of consequential damages
  4. Payment of damages, e.g., moral damages
  5. The fine
  6. Cost of the proceeding

Crim Law (8 decks)

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