Title III. Chapter 3. Duration and Effect of Penalties

Question 1

Duration of Penalties

Answer 1

1. ) RP - 20y 1d to 40y
2. ) RT - 12y 1d to 20y
3. ) PM & Temp Disq - 6y 1d to 12y ; Temp Disq when imposed as accessory, follows prinicipal pen’s duration
4. ) PC & Sus & Dest - 6m 1d to 6y ; Sus when imposed as accessory, follows prinicipal pen’s duration
5. ) AMa - 1m 1d to 6m
6. ) AMe - 1d to 30d
7. ) Bond to keep the peace - period during such bond is effective is discretionary on the court

Question 2

In what cases is destierro imposed?

Answer 2

(1) serious physical injuries or death under exceptional cases
(2) penalty for the concubine in the crime of concubinage
(3) in case of failure to give bond for good behaviour
(4) after reducing penalty by one/ more degrees, it is the proper penalty

Question 3

Rules for the computation of penalties; who will compute

Answer 3

(1) OFFENDER IS IN PRISON
- - duration of TEMPORARY PENALTIES is from the day on which JUDGMENT OF CONVICTION BECOMES FINAL

(2) OFFENDER IS NOT IN PRISON
- - duration of PENALTY CONSISTING IN DEPRIVATION OF LIBERTY is from the day that the OFFENDER IS PLACED AT THE DISPOSAL OF JUDICIAL AUTHORITIES for the enforcement of the penalty

(3) OTHER PENALTIES
- - duration is from the day on which the offender COMMENCES TO SERVE HIS SENTENCE

the director of prisons or warden will compute

Question 4

examples of temporary penalties; deprivation of liberty

Answer 4

A.

(1) temporary absolute disq
(2) temporary special disq
(3) suspension

B.

(1) Imprisonment
(2) Destierro

Question 5

When is there preventive imprisonment?

Answer 5

(1) when the offense charged is nonbailable;

(2) or if bailable, he cannot furnish the required bail

Question 6

Rules for the deduction of period of preventive imprisonment from the term of imprisonment;
Credit applicability

Answer 6

A.

(1) FULL TIME CREDIT
- - if during preventive imprisonment, accused agrees voluntarily in writing after being informed of the effects thereof and with the assistance of a counsel to abide by the same disciplinary rules imposed upon convicted prisoners

(2) 4/5 CREDIT
- - accused does not agree to abide by the same disciplinary rules imposed upon convicted prisoners
- -should be in writing with the assistance of a counsel

(3) FULL TIME CREDIT FOR YOUTHFUL OFFENDER
- - under Art. 197 of Child and Youth Welfare Code (PD 603)
- -agreement to abide by disciplinary rules is not necessary

(*credit for preventive imprisonment for reclusion perpetua shall be deducted from 30 years

B. credit is given in the service of sentences consisting of deprivation of liberty

Question 7

PI = possible max. imprisonment for offense charged to which he may be sentenced OR Full time/ 4/5 of PI > penalty to be imposed;
Computation of PI for purpose of immediate released;
Additional conditions

Answer 7

–immediately released, w/o prejudice to the continuance of the trial or appeal, if under review

–actual period of detention + good conduct time allowance

–if accused is absent w/o justifiable cause at any stage of trial, court may motu proprio order rearrest

Question 8

Rule if Max penalty is Destierro

Answer 8

accused shall be released after 30 days of PI

Question 9

Offenders not entitled to deduction of PI

Answer 9

(1) recidivists, those convicted previously twice or more of any crime
(2) those after being summoned for execution of their sentence, failed to surrender voluntarily
(3) habitual delinquents,
(4) escapees, and
(5) persons charged with heinous crimes

Question 10

Distinguish Bond to keep the peace from Bail Bond

Answer 10

BKP – imposed as penalty in threats
BB – secure provisional release of an accused person after his arrest/ during trial but before final judgment of conviction

Question 11

Effects of Pardon by the President

Answer 11

(1) Shall not restore the right to hold public office or the right of suffrage
EXCEPTION: When any or both rights is or are expressly restored by the terms of the pardon

(2) shall not exempt the culprit from payment of civil indemnity

Question 12

Limitations upon the exercise of the pardoning power of the president

Answer 12

(1) can be exercised only after conviction

(2) does not extend to cases of impeachment

Question 13

General Rule when pardon is granted in general terms with regard to accessory penalty; exception

Answer 13

GR: not included
ER: granted after the term of imprisonment has expired, removes all that is left of the consequences of conviction

Question 14

Pardon by Chief Executive vs. Pardon by Offended Party

Answer 14

PCE– extinguishes criminal liability of offender
POP– such is not the case

PCE– cannot include civil liability
POP– can waive civil liability

PCE– should be given after conviction and may be extended to any of the offenders
POP– in cases where law allows POP(art. 344), must be given before institution of criminal prosecution and must be given to both offenders

Question 15

Costs– What are included?

Answer 15

(1) fees

(2) indemnities, in the course of judicial proceedings

Question 16

Rules regarding payment of costs

Answer 16

(1) payment of cost is a matter that rests entirely upon the discretion of courts

(2) conviction – chargeable to the accused
acquitted – de oficio, each party bearing his own expenses

(3) no cost against the Republic, unless provided by law

Question 17

What are the pecuniary liabilities of persons criminally liable?

Answer 17

(1) reparation of damaged caused
(2) indemnification of the consequential damages
(3) fine
(4) costs of proceedings

Question 18

When is art. 38 (Order of payment of pecuniary liabilities) applicable?

Answer 18

when the property of the offender is not sufficient for the payment of all his pecuniary liabilities

Question 19

What is subsidiary penalty?

Answer 19

a subsidiary personal liability to be suffered by the convict who has no property with which to meet the fine, at the rate of one day for each amount equivalent to the highest minimum wage rate prevailing in the Philippines at the time of the rendition of judgment of conviction by the trial court, subject to the rules provided in art. 39

Question 20

RA 10159

Answer 20

increased the rate of subsidiary imprisonment for one day from P8.00 to an amount equivalent to the highest minimum wage rate in the NCR

Question 21

When is subsidiary penalty applicable; what does it covers

Answer 21

applies only when the convict has no property with which to meet the fine mentioned in par. 3 of art. 38 (pecuniary liabilities)

it covers only fines;
does not include (1) reparation of damage caused; (2) indemnification of the consequential damages; (3) costs of the proceedings

Question 22

Is subsidiary penalty an accessory penalty?

Answer 22

No, it is a penalty imposed upon the accused and served by him in lieu of the fine which he fails to pay on account of insolvency.

Thus, culprit cannot be made to undergo subsidiary penalty unless the judgment expressly so provides

Question 23

Rules as to subsidiary imprisonment (SI); additional rules

Answer 23

(1) if the penalty imposed is PRISION CORRECCIONAL/ ARREST and FINE
- - SI shall not exceed 1/3 of the term of sentence
- - shall not continue for more than 1 year
- - fraction or part of a day, not counted

(2) penalty imposed is FINE only
- - shall not exceed 6 months, if culprit is prosecuted for grave/ less grave felony
- - shall not exceed 15 days, if for light felony

(3) penalty imposed is HIGHER THAN prision correccional
- - no SI

(4) penalty imposed is NOT to be executed by CONFINEMENT, but of FIXED DURATION
- - shall consist in the same deprivation as those of the principal penalty, under the same rules as 1,2, 3 above

(5) in case the financial circumstance of convict should improve, he shall pay the fine, notwithstanding the SI

• no SI if fine < highest minimum wage rate in the NCR
• penalty imposed must be prision correccional, arresto mayor, arresto menor, suspension, destierro, or fine; otherwise no SI
• additional penalty for HB should be included in determining whether/ not SI should be imposed
• penalty imposed by the court, not by the code, should be considered in determining w/n SI should be imposed

Question 24

When is there no Subsidiary penalty?

Answer 24

(1) when the penalty imposed is higher than prision correccional
(2) for failure to pay the reparation of damages caused, indemnification of the consequential damages, and costs of proceedings
(3) when the penalty imposed is fine and a penalty not to be executed by confinement in a penal institution which has no fixed duration

Question 25

May subsidiary imprisonment be applied to special laws?

Answer 25

yes, under art. 10, this code shall be supplementary to such laws, unless the latter should specially provide the contrary. thus, unless special law provides that SI shall not be imposed, SI can be imposed for violation of special laws

Question 26

Accessory penalties inherent in principal penalties

Answer 26

A. Death, when not executed by reason of commutation/ pardon

 (1) Perpetual Abs. Disqualification
 (2) Civil Interdiction for 30 years, if not expressly remitted in pardon

B. Reclusion Perpetua & Reclusion Temporal

(1) civil interdiction for life, or during sentence
(2) perpetual absolute disqualification, unless expressly remitted in the pardon of principal penalty

C. Prision Mayor

(1) temporary absolute disqualification
(2) perpetual special disqualification from suffrage, unless expressly remitted in the pardon of PP

D. Prision Correccional

 (1) suspension form public office, profession, or calling
 (2) perpetual special disqualification from suffrage, if duration of imprisonment exceeds 18 months, unless expressly remitted in the pardon of PP

E. Arresto
(1) suspension of the right to hold office and right of suffrage during term of sentence

Question 27

Does SI and Accessory penalties determine jurisdiction?

Answer 27

no, what determines jurisdiction in criminal cases is the extent of the principal penalty which the law imposes for the crime charged in the information/ complaint

Question 28

Do accessory penalties need to be expressly imposed?

Answer 28

no, they are deemed imposed

Question 29

Rules regarding confiscation and forfeiture of proceeds or instruments of the crime; additional rules

Answer 29

(1) every penalty imposed carries with it the forfeiture of proceeds of crime and instruments/ tools used in the commission of the crime
(2) proceeds and instruments/ tools of crime are confiscated and forfeited in favor of the government
(3) property of 3rd person not liable for the offense is not subject to confiscation and forfeiture
(4) property not subject of lawful commerce shall be destroyed

• no forfeiture when there is no criminal case
• confiscation can be ordered only if the property is submitted in evidence or placed at the disposal of the court
• confiscation and forfeiture are additional penalties
• confiscation and forfeiture not ordered by trial court may be done by the appellate court