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CCLL > title 3 penalties > Flashcards

title 3 penalties Flashcards

1
Q

suffering inflicted by the State for the

transgression of a law

A

PENALTY

A transgression is something that is against a command or law.

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2
Q

According to Reyes, Art. 22 is NOT applicable

to the provisions of the RPC.

A

Art. 22. RETROACTIVE EFFECT OF PENAL LAWS

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3
Q

When retrospective application will be favorable to the person guilty of a felony;
Provided that:
1. The offender is NOT a habitual criminal (delinquent) under Art. 62(5);
2. The new or amendatory law does NOT provide against its retrospective application.

A

RETROACTIVE EFFECT OF PENAL LAWS

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4
Q

A person who, within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, or falsification, is found guilty of any said crimes a third time or oftener.

A

HABITUAL DELINQUENT

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5
Q

An act which when committed was not a crime, cannot be made so by statute without violating the constitutional inhibition as to (blank).

  1. Makes criminal an act done before the passage of the law and which was innocent when done;
  2. Aggravates a crime, or makes it greater than it was, when committed.
  3. Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed;
  4. Alters the legal rules of evidence, and authorizes conviction upon a less or different testimony than the law required at the time of the commission of the offense;
  5. Assumes to regulate civil rights and remedies only, in effect imposing a penalty or deprivation of a right for something which when done was lawful; and
  6. Deprives a person accused of a crime of some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty.
A

Ex post facto laws

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6
Q

A legislative act which inflicts punishment without trial

A

BILL OF ATTAINDER

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7
Q

Pardon by the offended party does not extinguish the criminal liability of the offender. REASON: A crime committed is an offense against the State. Only the (blank) can pardon the offenders.

A

Chief Executive

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8
Q

Pardon by the offended party will bar criminal prosecution
EXPRESS or IMPLIED pardon must be given by offended party to BOTH offenders.
Pardon must be given PRIOR to institution of criminal action.

A

Adultery and Concubinage (Art. 344, RPC)

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9
Q

Pardon by the offended party will bar criminal prosecution
EXPRESS pardon given by offended party or her parents or grandparents or guardian
Pardon must be given PRIOR to the institution of the criminal action.
However, marriage between the offender and the offended party EVEN AFTER the institution of the
criminal action or conviction of the offender will extinguish the criminal action or remit the penalty already
imposed against the offender, his coprincipals, accomplices and accessories after the fact.

A

Seduction, Abduction, Acts of Lasciviousness (Art. 344, RPC)

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10
Q

The subsequent valid marriage between the offender and the offended party shall extinguish criminal liability or the penalty imposed. In case the legal husband is the offender, subsequent forgiveness by the wife as offended party shall also produce the same effect.

A

Rape (as amended by R.A. 8353)

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11
Q

Pardon by the offended party under Art. 344 is
ONLY A BAR to (blank1) ; it is NOT
a ground for extinguishment of criminal liability.
It DOES NOT extinguish criminal liability. It is
not one of the causes that totally extinguish
criminal liability in Art 89
Nevertheless, civil liability may be extinguished
by the (blank2) of the offended
party.Civil liability w/ regard to the interest of
the injured party is extinguished by the latter’s
express waiver because personal injury may
be repaired through indemnity. Waiver must be
express. State has no reason to insist on its
payment.

A

Adultery and Concubinage (Art. 344, RPC)
Seduction, Abduction, Acts of Lasciviousness (Art. 344, RPC)
1. criminal prosecution
ART. 89: HOW CRIMINAL LIABILITY IS TOTALLY
EXTINGUISHED
2. EXRESS WAIVER

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12
Q

Produced by the disturbance and alarm which are the outcome of the offense.
Is sought to be repaired through the imposition of the
corresponding penalty.
The offended party cannot pardon the
offender so as to relieve him of the penalty.

A

SOCIAL INJURY

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13
Q

Caused to the victim of the crime who suffered
damage either to his person, to his property, to
his honor or to her chastity. Is repaired through
indemnity. The offended party may waive the indemnity and the State has no reason to insist in its payment.

A

PERSONAL INJURY

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14
Q

Fines:

1. Afflictive

A

– over 6000

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15
Q

Fines:

2. Correctional

A

– 201 to 6000

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16
Q

Fines:

3. Light

A

– 200 and less

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17
Q

Applicable in determining the prescriptive period of `felonies

A

Article 9

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18
Q

Applicable in determining the prescriptive period of penalties

A

ART. 26: WHEN AFFLICTIVE, CORRECTIONAL,

OR LIGHT PENALTY

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19
Q

Duration of Penalties

Reclusión perpetua

A

– 20 years and 1 day to 40 years

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20
Q

Duration of Penalties

Reclusión temporal

A

– 12 years and 1 day to 20 years

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21
Q

Duration of Penalties

Prisión mayor and temporary disqualification

A

– 6 years and 1 day to 12 years, except when disqualification is an accessory penalty, in which case its duration is that of the principal penalty

22
Q

Duration of Penalties

Prisión correccional, suspensión, and destierro

A

– 6 months and 1 day to 6 years, except when suspensión is an accessory penalty, in which case its duration is that of the principal penalty

23
Q

Duration of Penalties

Arresto mayor

A

– 1 month and 1 day to 6 months

24
Q

Duration of Penalties

Arresto menor

A

– 1 day to 30 days

25
Q

Bond to keep the peace

A

– The period is discretionary on the court.

26
Q 
Cases when destierro imposed:
a. Serious physical injuries or death
under exceptional circumstances
(Art. 247)
b. In case of failure to give bond for
good behavior (Art. 284)
c. As a penalty for the concubine in
concubinage (Art. 334)
d. In cases where after reducing the
penalty by one or more degrees,
destierro is the proper penalty.
A

Destierro is a principal, divisible and

correctional penalty.

27
Q
  1. offense is non-bailable

2. bailable but can’t furnish bail

A

Instances when accused undergoes preventive suspension:

28
Q

The full time or 4/5 of the time during which

the offenders have undergone (blank) shall be deducted from the penalty imposed:

A

preventive suspension

29
Q

preventive imprisonment:
if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners

A

full time

30
Q

preventive imprisonment:

if the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners

A

four-fifths of the time

31
Q

preventive imprisonment:
In the case of a youthful offender who has
been proceeded against under the Child and
Youth Welfare Code, he shall be credited in
the service of his sentence with the full time
of his actual detention, regardless if he
agreed to abide by the (blank)

A

same disciplinary rules of the institution or not.

32
Q

preventive imprisonment:
Offenders not entitled to be credited with the
full time or four-fifths of the time of their
preventive imprisonment:

A 
Recidivists or those convicted
previously twice or more times of any
crime.
 Those who, upon being summoned
for the execution of their sentence,
failed to surrender voluntarily
(convicts who failed to voluntarily
surrender to serve their penalties
under a final judgment, not those
who failed or refused to voluntarily
surrender after the commission of the
crime)
33
Q

preventive imprisonment:
are not entitled to credit
of time under preventive imprisonment since
he is necessarily a recidivist or has been
convicted previously twice or more times of any crime.

A

Habitual Delinquents

34
Q

preventive imprisonment:
Duration of RP is to be computed at 30
years, thus, even if the accused is sentenced
to life imprisonment, he is entitled to the (blank) of the time of preventive
suspension

A

full time or 4/5

35
Q

preventive imprisonment:
Credit is given in the service of sentences
consisting of deprivation of liberty
(imprisonment and destierro), whether
perpetual or temporal. Thus, persons who
had undergone preventive imprisonment but
the offense is punishable by a (blank) would
not be given credit.

A

fine only

36
Q

considered a “deprivation of liberty.”

A

Destierro

37
Q

If the penalty imposed is arresto menor to
destierro, the accused who has been in
prison for 30 days (arresto menor to 30 days)
should be (blank) because although the
maximum penalty is destierro (6 months and
1 day to 6 years), the accused sentenced to
such penalty does not serve it in prison.

A

released

38
Q

The exclusion is a mere disqualification from
(blank) , and not for punishment – the
withholding of a privilege, not a denial of a
right.

A

protection

39
Q

Disqualification for public office shall produce the following effects:

  1. The deprivation of the public offices and employments which the offender may have held even if conferred by popular election.
  2. The deprivation of the right to vote in any election for any popular office or to be elected to such office.
  3. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned.
  4. The loss of all rights to retirement pay or other pension for any office formerly held.
A

Effects of the penalties of perpetual or temporary absolute disqualification

40
Q

Disqualification:
effective during the lifetime of the convict and even after the service of the sentence. Comprised the 4 disqualifications.

A

Perpetual absolute disqualification

  1. The deprivation of the public offices and employments which the offender may have held even if conferred by popular election.
  2. The deprivation of the right to vote in any election for any popular office or to be elected to such office.
  3. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned.
  4. The loss of all rights to retirement pay or other pension for any office formerly held.
41
Q

Disqualification:
effective during the term of sentence and is removed after the service of the same.
comprised in paragraphs 2 and 3 of this article shall last during the term of the sentence.

A

Temporary absolute disqualification

  1. The deprivation of the right to vote in any election for any popular office or to be elected to such office.
  2. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned.
42
Q

Not mentioned or contemplated
in Art.30 EFFECTS OF THE PENALTIES OF
PERPETUAL OR TEMPORARY ABSOLUTE
DISQUALIFICATION, par. 2 (deprivation of the right to
vote), hence, the offender may vote in that
exercise, subject to the provisions of
pertinent election laws at the time.

A

A plebiscite is a direct vote by eligible voters to decide an important public question, such as a change to the constitution, secession, or a similar issue of national or regional importance.

43
Q

rt.30 EFFECTS OF THE PENALTIES OF
PERPETUAL OR TEMPORARY ABSOLUTE
DISQUALIFICATION
It is a direct vote by eligible voters to decide an important public question, such as a change to the constitution, secession, or a similar issue of national or regional importance.

A

plebiscite

44
Q

Disqualification:

  1. For public office, profession, or calling
  2. For the exercise of the right of suffrage
A

Effect of the penalties of perpetual or temporary special disqualification

45
Q 
a. Deprivation of the office,
employment, profession or calling
affected
b. Disqualification for holding similar
offices or employment during the
period of disqualification
A

Effect of the penalties of perpetual or temporary special disqualification
For public office, profession, or calling

46
Q

a. Deprivation of the right to vote or to
be elected in an office
b. Cannot hold any public office during
the period of disqualification

A

Effect of the penalties of perpetual or temporary special disqualification
For the exercise of the right of suffrage

47
Q

Effects:
1. Disqualification from holding such office or
the exercise of such profession or right of
suffrage during the term of the sentence
2. Cannot hold another office having similar
functions during the period of suspension

A

Effects of the penalties of suspension

48
Q

Shall deprive the offender during the time of his sentence of the:
1. Parental rights
2. Guardianship over the ward
3. Marital authority
4. Right to manage property and to dispose of
the same by acts inter vivos

A 
Civil interdiction
Interdiction  means authoritative prohibition
Inter vivos (Latin, between the living) is a legal term referring to a transfer or gift made during one's lifetime, as opposed to a testamentary transfer (a gift that takes effect on death).
49
Q

is a legal term referring to a transfer or gift made during one’s lifetime, as opposed to a testamentary transfer (a gift that takes effect on death).

A

Inter vivos

50
Q

(Blank 1) is an accessory penalty to the following principal penalties:

  1. If death penalty is commuted to life imprisonment
  2. Reclusion perpetua
  3. Reclusion temporal
    * He can dispose of such property by (blank 2)
A
  1. Civil Interdiction
  2. will or donation mortis causa

DONATIO MORTIS CAUSA, contracts, legacies. A gift in prospect of death

51
Q

A (blank) shall not work the restoration of the right to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon.

A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence.

A

pardon

52
Q 
Limitations to (Blank) power to pardon:
can be exercised only after final judgment
does not extend to cases of impeachment
does not extinguish civil liability – only criminal liability
A

President’s

CCLL (2 decks)

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