Title III. Chapter 1- Penalties in General

Question 1

Define Penalty; its Concept

Answer 1

Suffering that is inflicted by the State for the transgression of law;

General Sense – signifies pain
Juridical Sphere – suffering undergone because of the action of human society, by one who commits a crime

Question 2

Different Juridical Conditions of Penalty

Answer 2

1. Must be PRODUCTIVE OF SUFFERING, without however affecting the integrity of the human personality
2. Must be COMMENSURATE with the offense – different crimes must be punished with different penalties
3. Must be PERSONAL – no one should be punished for the crime of another
4. Must be LEGAL – it is the consequence of a judgment according to law
5. Must be CERTAIN – no one may escape its effects
6. Must be EQUAL for all
7. Must be CORRECTIONAL

Question 3

Purpose of the State in Punishing Crimes

Answer 3

To secure justice. Penal justice must be exercised by the State in the service and satisfaction of a duty, and rests primarily on the moral rightfulness of the punishment inflicted.

Question 4

Theories justifying penalty

Answer 4

1. PREVENTION – the state must punish the criminal to prevent or suppress the danger to the state arising from the criminal acts of the offender
2. SELF-DEFENSE – the state has the right to punish the criminal as a measure of self-defense so as to protect society from the threat and wrong inflicted by the criminal
3. REFORMATION – the object of punishment in criminal cases is to correct and reform the offender
4. EXEMPLARITY – the criminal is punished to serve as an example to deter others from committing crimes
5. JUSTICE – that crime must be punished by the state as an act of retributive justice, a vindication of absolute right and moral law violated by the criminal

Question 5

Three-fold purpose of Penalty

Answer 5

1. RETRIBUTION/ EXPIATION – commensurate with the gravity of the offense
2. CORRECTION/ REFORMATION – as shown by the rules which regulate the execution of the penalties consisting in deprivation of liberty
3. SOCIAL DEFENSE – shown by its inflexible severity to recidivists and habitual delinquents

Question 6

Constitutional Restriction on penalties

Answer 6

excessive fines shall not be imposed, nor cruel and unusual punishment inflicted

Question 7

Art. 21. Penalties that may be imposed

Answer 7

No felony shall be punishable by any penalty not prescribed by law prior to its commission

Question 8

Effect of Art 21; Policy of the state as regards punishing crimes; its Application; Reason for such provision

Answer 8

–prohibits the government from punishing any person for any felony with any penalty which has not yet been prescribed by law

– can only be invoked when a person is being tried for an act/ omission for which no penalty has been prescribed by law

– a law cannot be rationally obeyed unless it is first shown, and a man cannot be expected to obey an order that has not been given

Question 9

Is art. 21 a penal provision?

Answer 9

No, it is a guaranty to the citizens that no act of his will be considered criminal until the government has made it so by law and has provided a penalty

Question 10

Art. 22. Retroactive effect of Penal laws; its Application; General Rule; Exception; Exception to the Exception; Reason for the rule

Answer 10

– application to RPC can only be invoked where some former or subsequent law is under consideration; it must necessarily relate: (1) to penal laws existing prior to the RPC, in which penalty was less severe than those of the code; (2) to laws enacted subsequent to RPC, penalty is more favorable to the accused

– GR: give criminal laws prospective effect
EXCEPTION: give them retroactive effect when favorable to the accused
EXCEPTION TO THE EXCEPTION: (1) accused is a habitual delinquent; (2) new law is expressly made inapplicable to pending actions or existing causes of action

–the sovereign has recognized that the greater severity of the former law is unjust

Question 11

Effects of repeal on criminal liability

Answer 11

(1) Absolute repeal, crim liability is obliterated
EXCEPTION: (1) when the provisions of the former law are reenacted ; (2) when the repeal is by implication; (3) when there is a saving clause

Question 12

Effect of pardon by the offended party

Answer 12

GR: does not extinguish criminal action; civil liability with regard to the interest of injured party maybe extinguished by his express waiver

ER: as provided in Art 344 (crimes of adultery and concubinage, where offended party have consented or pardoned the offenders)

must be given before institution of criminal prosecution

Question 13

What are the preventive measures/ safety not considered as penalties?

Why are they not considered as penalties?

Answer 13

(1) Arrest and temporary detention of accused, and detention by reason of insanity/imbecility, or illness requiring their confinement in the hospital
(2) commitment of minor in the institutions mentioned in Art. 80
(3) suspension from employment or public office during trial to institute proceedings
(4) fines and other corrective measures superior official may imposed upon their subordinates in the exercise of their administrative/ disciplinary powers
(5) deprivation of rights and reparations which civil law may establish in penal forms

because they are not imposed as result of judicial proceedings