Title III. Chapter 2- Classification of Penalties

Question 1

Classification of penalties into principal and accessory

Answer 1

Principal

1. death
2. reclusion perpetua
3. reclusion temporal
4. perpetual/ temporary absolute disq
5. perpetual/ temporary special disq
6. prision mayor
7. prision correccional
8. arresto mayor
9. suspension
10. destierro
11. arresto menor
12. public censure
13. fine and bond to keep the peace

Accessory

1. perpetual/ temporary absolute disq
2. perpetual/ temporary special disq
3. suspension from public office, right to vote and be voted for, profession/ calling
4. civil interdiction
5. indemnification
6. forfeiture/ confiscation of instruments and proceeds of the offense
7. payment of cost

Question 2

Distinguish Life Imprisonment from Reclusion Perpetua

Answer 2

RP - imprisonment for atleast 30 years after which convict becomes eligible for pardon
- carries with it accessory penalties

LI- does not appear to have a fixed duration or extent
- does not carry with it accessory penalties

Question 3

Define Principal and Accessory penalties

Answer 3

(1) those expressly imposed by the court in the judgment of conviction
(2) those that are deemed included in the imposition of principal penalties

Question 4

Classification of penalties according to their divisibility; define

Answer 4

(1) Indivisible – those which have no fixed period;
(a) Death;
(b) reclusion perpetua;
(c) perpetual absolute/ special disq;
(d) public censure

(2) Divisible – those that have fixed duration and are divisible into 3 periods

Question 5

classification of penalties according to subject matter; according to their gravity

Answer 5

A.

(1) Corporal - death
(2) Deprivation of Freedom - reclusion, prision, arresto
(3) Restriction of Freedom - destierro
(4) Deprivation of Rights - disqualification, suspension
(5) Pecuniary - fine

B.

(1) Capital
(2) Afflictive
(3) Correctional
(4) Light

Question 6

Penalties that are either principal/ accessory

Answer 6

(1) Perpetual/ Temporary Absolute Disq
(2) Perpetual/ Temporary Special Disq
(3) Suspension

Question 7

When are fines afflictive, correctional or light penalty?

Answer 7

Fine is:

(1) Afflictive - over P6000.00
(2) Correctional - P200.00 to P6000.00
(3) Light - less than P200.00

Bond to keep the peace by analogy is:

(1) Afflictive - over P6000.00
(2) Correctional - P200.00 to P6000.00
(3) Light - less than P200.00