title 3 penalties

Question 1

suffering inflicted by the State for the

transgression of a law

Answer 1

PENALTY

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

Question 2

According to Reyes, Art. 22 is NOT applicable

to the provisions of the RPC.

Answer 2

Art. 22. RETROACTIVE EFFECT OF PENAL LAWS

Question 3

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.

Answer 3

RETROACTIVE EFFECT OF PENAL LAWS

Question 4

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.

Answer 4

HABITUAL DELINQUENT

Question 5

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.

Answer 5

Ex post facto laws

Question 6

A legislative act which inflicts punishment without trial

Answer 6

BILL OF ATTAINDER

Question 7

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.

Answer 7

Chief Executive

Question 8

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.

Answer 8

Adultery and Concubinage (Art. 344, RPC)

Question 9

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.

Answer 9

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

Question 10

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.

Answer 10

Rape (as amended by R.A. 8353)

Question 11

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.

Answer 11

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

Question 12

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.

Answer 12

SOCIAL INJURY

Question 13

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.

Answer 13

PERSONAL INJURY

Question 14

Fines:

1. Afflictive

Answer 14

– over 6000

Question 15

Fines:

2. Correctional

Answer 15

– 201 to 6000

Question 16

Fines:

3. Light

Answer 16

– 200 and less

Question 17

Applicable in determining the prescriptive period of `felonies

Answer 17

Article 9

Question 18

Applicable in determining the prescriptive period of penalties

Answer 18

ART. 26: WHEN AFFLICTIVE, CORRECTIONAL,

OR LIGHT PENALTY

Question 19

Duration of Penalties

Reclusión perpetua

Answer 19

– 20 years and 1 day to 40 years

Question 20

Duration of Penalties

Reclusión temporal

Answer 20

– 12 years and 1 day to 20 years

Question 21

Duration of Penalties

Prisión mayor and temporary disqualification

Answer 21

– 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

Question 22

Duration of Penalties

Prisión correccional, suspensión, and destierro

Answer 22

– 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

Question 23

Duration of Penalties

Arresto mayor

Answer 23

– 1 month and 1 day to 6 months

Question 24

Duration of Penalties

Arresto menor

Answer 24

– 1 day to 30 days

Question 25

Bond to keep the peace

Answer 25

– The period is discretionary on the court.

Question 26

``` 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. ```

Answer 26

Destierro is a principal, divisible and | correctional penalty.

Question 27

1. offense is non-bailable | 2. bailable but can’t furnish bail

Answer 27

Instances when accused undergoes preventive suspension:

Question 28

The full time or 4/5 of the time during which | the offenders have undergone (blank) shall be deducted from the penalty imposed:

Answer 28

preventive suspension

Question 29

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

Answer 29

full time

Question 30

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

Answer 30

four-fifths of the time

Question 31

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)

Answer 31

same disciplinary rules of the institution or not.

Question 32

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

Answer 32

``` 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) ```

Question 33

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.

Answer 33

Habitual Delinquents

Question 34

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

Answer 34

full time or 4/5

Question 35

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.

Answer 35

fine only

Question 36

considered a “deprivation of liberty.”

Answer 36

Destierro

Question 37

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.

Answer 37

released

Question 38

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

Answer 38

protection

Question 39

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.

Answer 39

Effects of the penalties of perpetual or temporary absolute disqualification

Question 40

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

Answer 40

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.

Question 41

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.

Answer 41

Temporary absolute disqualification 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.

Question 42

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.

Answer 42

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.

Question 43

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.

Answer 43

plebiscite

Question 44

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

Answer 44

Effect of the penalties of perpetual or temporary special disqualification

Question 45

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

Answer 45

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

Question 46

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

Answer 46

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

Question 47

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

Answer 47

Effects of the penalties of suspension

Question 48

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

Answer 48

``` 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). ```

Question 49

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).

Answer 49

Inter vivos

Question 50

(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)

Answer 50

1. Civil Interdiction 2. will or donation mortis causa DONATIO MORTIS CAUSA, contracts, legacies. A gift in prospect of death

Question 51

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.

Answer 51

pardon

Question 52

``` 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 ```

Answer 52

President's