Title III. Chapter 4- Application of Penalties

Question 1

What is the general rule with regard to penalties prescribed in general terms? exceptions?

Answer 1

GR: penalty prescribed by law in general terms shall be imposed upon (1) the principals; (2) for consummated felony

Exception: when the law fixes a penalty for frustrated/ attempted felony OR when penalty to be imposed upon the principal in frustrated/ attempted felony is fixed by law

Question 2

What does graduation of penalties by degrees refer to? division of a divisible penalty refer to?

Answer 2

graduation of penalties by degrees refers to

(1) stages of execution (consummated, frustrated, attempted); and
(2) to the degree of criminal participation of the offender ( principal, accessory, accomplice)

division of a divisible penalty into 3 periods, as max, min, and med, refers to the proper period of the penalty which should be imposed when AC/ MC attend the commission of the crime

Question 3

How many crimes committed are contemplated in Art. 48 (complex crimes)?

Answer 3

at least 2 crimes; the two or more grave/ less grave felonies must be the result of a single act, or an offense must be a necessary means for committing the other

Question 4

How many crimes are constituted in a complex crimes?

Answer 4

although two or more crimes are actually committed, they constitute only one crime in the eyes of the law as well as the conscience of the offender;
offender has only one criminal intent

Question 5

What are the kinds of complex crime?

Answer 5

(1) compound crime – when a single act constitutes two/ more grave/ less grave felonies
(2) complex crime proper – when an offense is a necessary means for committing the other

Question 6

What are the requisites of a compound crime?

Answer 6

(1) that a single act is performed by the offender
(2) that the single act produces either
(a) 2/ more grave felonies;
(b) 2/ more less grave felonies; or
(c) 1/ more grave felonies & 1/ more less grave felonies

Question 7

When is there no single act?

Answer 7

when the acts are wholly different, although the acts were the result of a single criminal impulse

Question 8

What is the rule regarding light felonies produced by the same act?

Answer 8

(1) several light felonies resulting from 1 single act is not a complex crime, in which there are as many crimes as there are persons injured and as many penalties as there are light felonies committed
(2) light felonies may be absorbed by the grave felony

Question 9

If there is no conspiracy to perpetuate the killing, and there is impossibility in ascertaining the number of persons killed by the guilty persons, what is the rule?

Answer 9

collective criminal responsibility cannot be imputed upon the defendants, there being no conspiracy; it is therefore considered as a complex crime.

GR: “single criminal impulse”, “same motive”, or “single purpose” theory has no legal basis, for Art. 48 speaks of single act

Exception: it is acceptable when it is not certain who among the accused killed/ injured each of the several victims

Exception to the exception: there is conspiracy to perpetuate the killings

Question 10

Is Art. 48 applicable to crimes through negligence? special laws?

Answer 10

yes

no

Question 11

Requisites for Complex Crime Proper

Answer 11

(1) that at least 2 offenses are committed
(2) that one or some of the offenses must be necessary to commit the other
(3) that both/ all the offenses must be punished under the same statute

Question 12

Does the phrase “necessary means” mean “indispensable means”?

Answer 12

no, otherwise, it would become an indispensable element of the latter and would be an ingredient thereof

Question 13

In a complex crime, when the offender executes various acts, how many purpose must he have

Answer 13

he must have a single purpose

Question 14

When is there no complex crime?

Answer 14

(1) when trespass to dwelling is a direct means to commit a grave offense
(2) when the offense is committed to conceal the other
(3) where one of the offense is penalized by special laws
(4) when although 2 or more crimes are committed, is not by a single act, or one is not necessary means for committing the other
(5) when the definition of a felony one offense is a means to commit the other
(6) no complex crime of rebellion with murder, arson, robbery, or other common crimes because they are absorbed or inherent in the crime of rebellion

Question 15

What is the rule when two crimes produced by a single act are respectively within the exclusive jurisdiction of 2 courts of different jurisdiction?

Answer 15

the court of higher jurisdiction shall the try the complex crime

Question 16

What is the intention of Art. 48?

Answer 16

It is intended to favour the accused;

Reason: when 2 or more crimes are the result of a single act, the offender is deemed less perverse than when he commits said crimes through separate and distinct acts

Question 17

When can Art. 48 be applied?

Answer 17

it applies only to cases where the code does not provide a definite specific penalty for a complex crime

Question 18

How many informations should be filed for a complex crime?

Answer 18

one information should be filed for a complex crime

Question 19

How many informations should be filed for a complex crime?

Answer 19

one information should be applied

Question 20

When two felonies constituting a complex crime are punishable by imprisonment and fine, respectively, what penalty shall be imposed?

Answer 20

only the penalty for imprisonment should be imposed

Question 21

When two felonies constituting a complex crime are punishable by imprisonment and fine, respectively, what penalty shall be imposed?

Answer 21

only the penalty for imprisonment should be imposed

Question 22

Define Plurality of Crimes

Answer 22

it consists of the successive execution by the same individual of different criminal acts upon any of which no conviction has yet been declared

Question 23

Kinds of plurality of crimes

Answer 23

(1) formal/ ideal – only one criminal liability
(2) real/ material – different crimes in law as well as in the conscience of the offender; offender is punished for each and every offense that he committed

Question 24

Plurality of crimes vs Recidivism

Answer 24

R – there must be conviction by final judgment of the first/ prior offense

P – there is no conviction of any of the crimes committed

Question 25

Define Continued crime

Answer 25

it is a single crime, consisting of series of acts but all arising from one criminal resolution;

it is a continuous, unlawful act, or series of acts set on foot by a single impulse and operated by an unintermittent force, however long a time it may occupy

Question 26

Define Continued crime

Answer 26

it is a single crime, consisting of series of acts but all arising from one criminal resolution;

it is a continuous, unlawful act, or series of acts set on foot by a single impulse and operated by an unintermittent force, however long a time it may occupy

Question 27

Is a continued crime a complex crime?

Answer 27

A continued crime is not a complex crime because the offender does not perform a single act, but a series of acts, and one offense is not a necessary means for committing the other

Question 28

Is a continued crime a transitory crime?

Answer 28

No, a continued crime is different from a transitory crime;

in a transitory crime, a criminal action may be instituted and tried in the court of the municipality, city, or province wherein any of the essential ingredients thereof took place; the singleness of the crime, committed by executing two or more acts, is not considered

Question 29

Rules as to the penalty to be imposed when the crime committed is different from that intended

Answer 29

(1) if penalty for felony committed > penalty for the intended felony
- - penalty for the latter shall be imposed, in its maximum period

(2) if penalty for felony committed < penalty for the intended felony
- - penalty for the former shall be imposed, in its maximum period

(3) if the act committed also constitutes an attempt/ frustration of another crime, and the law prescribes a higher penalty for either of the latter
- - penalty for the attempted/ frustrated crime shall be imposed in its max. period

Question 30

What is the relation between art. 4 and art. 49?

Answer 30

art. 49 has reference to the provision of the 1st par of art 4;
art. 4 contemplates a crime different from what is actually intended; while the penalty to be imposed is governed by the rules of art. 49

Question 31

When does Art. 49 (penalty to be imposed when crime committed is different from that intended) applies?

Answer 31

(1) there is a mistake in the identity of the victim;

(2) intended crime and the crime actually committed are punished with different penalties

Question 32

Art. 48 vs Art 49

Answer 32

48 – penalty for the more/ most serious crime shall be imposed
49 – lesser penalty is to be imposed

both – to be applied in the maximum period

Question 33

Is rule no.3 in art. 49 necessary?

Answer 33

no, because the cases contemplated may well be covered by art. 48

Question 34

What is the penalty to be imposed upon principals of a frustrated crime?

Answer 34

penalty next lower in degree than that prescribed by law for the consummated felony

Question 35

What is the penalty to be imposed upon principals of a attempted crime?

Answer 35

penalty lower by 2 degrees than that prescribed by law for the consummated felony

Question 36

What is the penalty to be imposed upon accomplices of a consummated crime?

Answer 36

penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed

Question 37

What is the penalty to be imposed upon accessories of a consummated crime?

Answer 37

penalty lower by 2 degrees than that prescribed by law for the consummated felony

Question 38

What is the penalty to be imposed upon accomplices of a frustrated crime?

Answer 38

penalty next lower in degree than that prescribed by law for the frustrated felony

Question 39

What is the penalty to be imposed upon accessories of a attempted crime?

Answer 39

penalty lower by 2 degrees than that prescribed by law for the frustrated felony

Question 40

What is the penalty to be imposed upon accomplices of an attempted crime?

Answer 40

penalty next lower in degree than that prescribed by law for an attempt to commit a felony

Question 41

What is the penalty to be imposed upon accessories of an attempted crime?

Answer 41

penalty lower by 2 degrees than that prescribed by law for an attempt to commit a felony

Question 42

What are the basis for reduction of the penalty by one or two degrees?

Answer 42

penalty for:

(1) principals of a frustrated crime
(2) principals of attempted crime
(3) accomplices of a consummated felony
(4) accessories of a consummated felony
- -penalty prescribed by law for consummated felony

(5) accomplices in a frustrated crime
(6) accessories in an frustrated crime
- - penalty prescribed by law for frustrated felony

(7) accomplices in an attempt to commit a crime
(8) accessories in an attempt to commit a crime
- - penalty prescribed by law for attempted felony

Question 43

What are the exceptions with regard to the rules established in Art. 50 to 57 ( penalty to be imposed upon principals, accomplices, accessories of frustrated…)

Answer 43

it shall not apply when the law expressly prescribes the penalty for a frustrated/ attempted felony, or to be imposed upon accomplices/ accessories

Question 44

What are the bases for the determination of the extent of penalty to be imposed under the RPC?

Answer 44

(1) the stage reached by the crime in its development (attempted, frustrated, consummated)
(2) participations of the persons liable
(3) AC/ MC which attended the commission of the crime

• for 1 and 2, penalty is graduated by degree
• for 3, penalty is lowered/ increased by period only; except penalty is divisible, there are 2/ more MC, no AC, penalty lowered by a degree

Question 45

What is a degree in relation to penalty?

Answer 45

it is one entire penalty, one whole penalty or one unit of penalties enumerated in the graduated scales provided in Art. 71

Question 46

What is a period of a penalty?

Answer 46

one of the 3 equal portions, called the minimum, medium, and maximum, of a divisible penalty

*a period of a divisible penalty, when prescribed by the Code as a penalty for a felony, is in itself a degree

Question 47

What are the additional penalties to be imposed upon public officers who are guilty as accessories under par. 3 of art. 19?

Why does this article limit its provisions to grave/ less grave felonies?

Answer 47

Public officers who help the author of the crime by misusing their office and duties shall suffer the additional penalties of:

(1) Absolute Perpetual Disq – if principal offender is guilty of a grave felony
(2) Absolute Temporary Disq – if the principal offender is guilty of a less grave felony

because it is not possible to have accessories liable for light felonies

Question 48

What is the penalty for impossible crime?

What is the basis for imposition of such penalty?

Is the penalty proper?

Answer 48

(1) Arresto Mayor; or
(2) A fine ranging from P200 to P500

Basis:

(1) social danger
(2) degree of criminality shown by the offender

Yes, because it is only limited to those cases where the act performed would be a grave/ less grave felony

Question 49

General Rule with regard to the penalty imposed upon an accomplice; Exceptions

Answer 49

GR: an accomplice is punished by a penalty one degree lower than the penalty imposed upon the principal

Exception:
Cases where the Code punishes accomplices with the same penalty imposed upon the principal:
(1) the ascendants, guardians, curators, teachers, and any person who by abuse of authority/ confidential relationship, shall cooperate as accomplices in the crimes of rape, acts of lasciviousness, seduction, corruption of minors, white slave trade or abduction
(2) one who furnished the place for perpetration of the crime of slight illegal detention

Question 50

Give certain accessories that are punished with a penalty of one degree lower, instead of two degrees

Answer 50

(1) knowingly using counterfeited seal/ forged signature/ stamp of the President
(2) Illegal possession and use of a false treasury/ bank note
(3) using a falsified document
(4) using a falsified dispatch

Question 51

What are the rules for graduating penalties?

Answer 51

(1) Penalty Prescribed [PP]: Single & Indivisible
- - penalty next lower in degree [PNLD]: that immediately following said indivisible penalty w/ respect to the graduated scale in art 71

(2) PP: Composed of 2 Indivisible / 1 or more Divisible to be imposed to their full extent
- - PNLD: that immediately following the lesser of the penalties

(3) PP: Composed of 1 or 2 Indivisible & max. of Divisible
- - PNLD: composed of med. and min periods of the proper DP & max. of that immediately following

(4) PP: Composed of Several Periods, corresponding to diff. penalties
- -PNLD: composed of period immediately following the min. prescribed & the 2 next following, w/c shall be taken from the penalty prescribed if possible, otherwise, from that immediately following

(5) PP: Not specially provided for in the 4 rules
- - the courts, proceeding by analogy, impose corresponding penalties upon those guilty as principals of frustrated, attempted, and upon accomplices and accessories

a) PP: Consists in 3 periods
- - PNLD: penalty consisting in 3 periods down in the scale
b) PP: 2 period
- - PNLD: penalty consisting in 2 periods down in the scale
c) PP: 1 period
- - PNLD: next period down in the scale

Question 52

In graduating penalties, are MC/ AC considered?

Answer 52

no, only after the penalty next lower in degree is already determined that the MC/ AC will be considered

Question 53

What are the effects of the attendance of AC/ MC/ of habitual delinquency?

Answer 53

(1) AC (generic & specific) have the effect of increasing the penalty, w/o however, exceeding the maximum provided by law
(2) MC have the effect of diminishing the penalty
(3) HB has the effect, not only of increasing the penalty because of recidivism, but also imposing an additional penalty

Question 54

What are the rules regarding AC and MC with regard to the increased/ reduction of penalties?

Answer 54

(1) AC w/c constitute a crime punishable by law/ are included in defining a crime
- -not taken into account for the purpose of increasing penalty

Max penalty imposed:

(a) when the commission of the crime, advantage was taken by the offender of his public position
(b) if the offense was committed by any person who belongs to an organized/ syndicated crime group

(2) AC w/c are inherent in the crime
- - not taken into account for the purpose of increasing penalty

(3) AC/MC w/c arise from a) moral attributes of offender; b) private relations w/ offended party; c) from any other personal cause
- - aggravate/ mitigate the liability as to whom such circumstances are attendant

(4) AC/ MC w/c consist a) in the material execution of the act; or b) means employed to accomplish it
- - aggravate/ mitigate the liability of those persons who had knowledge of them at the time of execution of act or their cooperation

Question 55

What is an organized/ syndicated crime group

Answer 55

means a group of 2 or more persons collaborating/ mutually helping one another for purposes of gain in the commission of any crime

Question 56

Circumstances relating to persons participating in the crime vs. Circumstances consisting in the material execution/ means employed

Answer 56

PP – do not affect all the participants in the crime; but only those to whom they particularly apply
ME – have a direct bearing upon crim liab of all defendants who had knowledge thereof at the time of the crime, or their cooperation

Question 57

Who is a habitual delinquent?

Answer 57

if w/in a period of 10 years from the date of his (last) release or last conviction of the crimes of serious/ less serious physical injuries, robo, hurto, estafa, falsification, he is found guilty of any of said crimes a 3rd time/ oftener

Question 58

Requisites of HB

Answer 58

(1) that the offender had been convicted of any of the crime of serious/ less serious physical injuries, robbery, theft, falsification, or estafa
(2) that after conviction/ after serving his sentence, he again committed, and w/in 10 years from release or conviction, he was given convicted of any of said crimes for the 2nd time
(2) that after conviction/ after serving his sentence, he again committed, and w/in 10 years from release or conviction, he was given convicted of any of said crimes for the 3rd time or oftener

Question 59

Rules for application of penalties w/ regard to HB

Answer 59

(1) 3rd conviction
- - sentenced to penalty for the last crime of w/c he be found guilty
- - additional penalty: prison correccional med. & max period

(2) 4th conviction
- - sentenced to penalty for the last crime of w/c he be found guilty
- - additional penalty: prison mayor min & med period

(3) 5th conviction/ additional conviction
- - sentenced to penalty for the last crime of w/c he be found guilty
- - additional penalty: prison mayor max to reclusion temporal min.

(4) total of the 2 penalties: at most 30 years
(5) subsequent crime must be committed after conviction of former crime

Question 60

What is the reason for imposing additional penalty in HB? what is the purpose of the law?

Answer 60

if such graver punishment for committing the 2nd offense has proved insufficient to restrain his proclivities and to amend his life, he is deemed to have shown a dangerous propensity to crimes. Hence, he is punished with a severer penalty for committing any of those crimes the 3rd time/ oftener

to render more effective social defense and reformation of multirecidivists

Question 61

What must be alleged in the information for HB

Answer 61

(1) the dates of the commission of the previous crimes
(2) date of last conviction/ release
(3) dates of other previous convictions/ releases

Question 62

What is the effect of plea of guilty to an information for HB when allegations are insufficient?

What is the effect of failure to object to admission of decision showing dates of previous convictions?

Answer 62

not an admission that the offender is an HB, but only a recidivist

failure to alleged dates in the information is deemed cured where the accused did not object

Question 63

HB vs. Recidivism

Answer 63

(1) As to crimes committed:
HB – crimes are specified
R – it is sufficient that accused on the date of trial shall have been previously convicted by final judgment of another crime embraced in the same title

(2) As to the number of crimes committed:
HB – third time/ oftener
R – at least 2

(3) As to their effects:
HB – additional penalty is imposed
R – if not offset by MC, increase the penalty to maximum

Question 64

Can a convict be a habitual delinquent w/o being a recidivist?

Answer 64

yes; when no two of the crimes committed are embraced in the same title

Question 65

Rules for the application of Indivisible Penalties

Answer 65

(1) P: Single Indivisible
- - applied regardless of MC/ AC

(2) P: composed of 2 Indivisible
a) 1 AC – greater penalty imposed
b) No AC/MC – lesser penalty imposed
c) 1 MC,no AC – lesser penalty imposed
d) both MC/ AC – offset one another; in consideration of their number and importance

Question 66

GR with regard to reduction of penalty by degrees if penalty is composed of 2 indivisible; exception

Answer 66

GR: penalty cannot be lowered by one degree, no matter how many MC are present

Exception: when PMC under art. 68 (minor) / Art. 69 (not wholly excusable) is present

Question 67

Rules for the application of penalties w/c contain 3 periods; and when are these rules not applicable

Answer 67

PP: contain 3 periods, Single Divisible / composed of 3 different penalties, each one of which forms a period

(1) No MC/ AC – medium period
(2) only a MC – minimum period
(3) only AC – maximum period
(4) both AC/ MC – offset, according to their relative weight
(5) 2/ more MC, no AC – next lower in degree, proper period, according to number & nature of MC
(6) regardless of the number of AC – penalty imposed should not be greater than that prescribed in its max period
(7) w/in limits of each period, courts shall determine the extent of penalty according to a) number and nature of AC/ MC and b) greater/ lesser extent of the evil produced by the crime

not applicable:

(1) indivisible penalties;
(2) penalties prescribed by special laws;
(3) fines

Question 68

In what cases are MC/ AC not considered in imposition of penalties?

Answer 68

(1) penalty is single and indivisible
(2) felonies through negligence
(3) penalty imposed upon a Moro
(4) penalty is only a fine imposed by an ordinance
(5) penalties prescribed by special laws

Question 69

What is the rule in cases which the penalty is not composed of 3 periods?

Answer 69

the courts shall apply the rules contained in the forgoing articles, dividing into 3 equal portions the time included in the penalty prescribed, forming one period of each 3 portions

Question 70

What are the rules with regard to the imposition of fines?

Answer 70

(1) the court can fix any amount within the limits established by law

(2) the courts must consider:
a) MC/ AC
b) more particularly, wealth/ means of the culprit

other factors that may be considered:

(1) gravity/ seriousness of the crime committed
(2) heinousness of its perpetration
(3) magnitude of its effects on the victims

Question 71

What is the rule when the minimum of the fine is not fixed by the law?

Answer 71

determination of the amount of fine to be imposed upon culprit is left to the sound discretion of the court, provided it does not exceed the maximum authorized by law

Question 72

What is the penalty to be imposed if not all the requisites of the exempting circumstance of accident are present?

Answer 72

Penalty to be imposed:

(1) culprit guilty of grave felonies – arresto mayor max to prision correccional min
(2) culprit guilty of less grave felonies – arresto mayor min and med period

Question 73

Define reckless imprudence; simple imprudence

Answer 73

R – act is executed w/o taking the precautions/ measures which most common prudence would require

S – mere lack of precaution in those cases where either threatened harm is not imminent/ danger is not openly visible

Question 74

What is the penalty to be imposed when the crime committed is not wholly excusable? incomplete justifying and exempting circumstanfce

Answer 74

penalty lower by 1/ 2 degrees than that prescribed by law shall be imposed

• provided that majority of the conditions are present

Question 75

Rules with regard to the successive service of sentence

Answer 75

(1) culprit has to served 2/ more penalties
- - serve them simultaneously if the nature of the penalties will so permit

(2) otherwise, order of their respective severity shall be follower

(3) 3 fold rule
- - max duration of convict’s sentence shall not be more than 3 times the length of the most/ equal severe penalty

Question 76

Rules with regard to the successive service of sentence

Answer 76

(1) culprit has to served 2/ more penalties
- - serve them simultaneously if the nature of the penalties will so permit

(2) otherwise, order of their respective severity shall be follower

(3) 3 fold rule
- - max duration of convict’s sentence shall not be more than 3 times the length of the most/ equal severe penalty
- - at most 40 years

Question 77

Severity of Penalties

Answer 77

Death
RP
RT
PM
PC
AMa
AMe
Des
PAQ
TAQ
Suspension
Public censure

Question 78

when does the 3 fold rule applies?

Answer 78

only when the convict has to serve at least 4 sentences

Question 79

What are the different systems of penalty relative the execution of 2/ more penalties

Answer 79

(1) material accumulation system
- - no limitation
- - all penalties for all the violation were imposed even if the reached beyond the natural span of life

(2) juridical accumulation system
- - limited to not more than 3-fold the length of time corresponding to the most severe
- - do not exceed 40 years

Question 80

What are the different systems of penalty relative the execution of 2/ more penalties

Answer 80

(1) material accumulation system
- - no limitation
- - all penalties for all the violation were imposed even if the reached beyond the natural span of life

(2) juridical accumulation system
- - limited to not more than 3-fold the length of time corresponding to the most severe
- - do not exceed 40 years

Question 81

Graduated Scale

Answer 81

Scale 1 -- personal penalties; deprivation of life and liberty
Death
RP
RT
PM 
PC 
AMa
Destierro
AMe
Public censure 
fine

scale no 2 – deprivation of political rights
PAD
TAD
Suspension from public office, right to vote and be voted for, profession/ calling
Public censure
fine

Question 82

Must Destierro be applied only when it is specifically imposed by law?

Answer 82

No. Destierro may be imposed when it is the penalty next lower and the circumstances require the imposition of a penalty one degree lower

Question 83

Compare Art. 25, Art. 70, Art. 71

Answer 83

25 – penalties are classified into principal and accessory. principal is subdivided into capital, afflictive, correctional, light
– destierro is above arresto menor

70 – classifies penalties for the purpose of successive service of sentences, according to their severity
– destierro is under arresto menor

71 – provides for scales which should be observed in graduating the penalties by degrees
– destierro is above arresto menor

Question 84

What is the order of preference in the payment of civil liabilities?

Answer 84

civil liabilities of a person found guilty of 2/ more offenses shall be satisfied by following the chronological order of the dates of final judgments rendered against him, beginning with the 1st order of time

Question 85

Presumption in regard to the imposition of accessory penalties

Answer 85

when the courts imposed a penalty which carries with it other penalties, it must be understood that the accessory penalties are also imposed upon the convict

Question 86

What is the penalty higher than reclusion perpetua?

Answer 86

in cases which the law prescribes a penalty higher than another given penalty, without specifically designating the name for the former, if such higher penalty should be that of death
– penalty next higher in degree: the same penalty & accessory penalties of art. 40

Question 87

Can death be the penalty next higher in degree when it is not provided by law? why or why not?

Answer 87

Death cannot be the penalty next higher in degree when not provided by law
–because the penalty of death must be specifically imposed by law as penalty for a given crime

Question 88

Rules for increasing/ decreasing penalty of fine by one/ more degrees

Answer 88

(1) increased/ reduced, respectively, for each degree, by 1/4 of the maximum amount prescribed by law, without however changing the minimum
(2) same rules shall apply with regard to fines that do not consist of a fixed amount, but are made proportional

Question 89

When are fines graduated into degrees?

Answer 89

fines are graduated into degrees for the accomplices and accessories and for the principals in frustrated and attempted felonies

Question 90

Fine with a minimum vs Fine w/o a minimum

Answer 90

(1) in both, law fixes a maximum of the fine

(2) w/ min – court cannot change the minimum
w/o min – court can impose any amount not exceeding such maximum

(3) w/ min – court can impose higher penalty than maximum
w/o min – cannot impose an amount higher than the maximum

Question 91

Legal period for the duration of divisible penalties

Answer 91

shall be considered as divided into 3 parts, forming 3 periods, the minimum, medium, and maximum as shown in the table

Question 92

Distinction between period and degree

Answer 92

period – each of the 3 equal parts of a divisible penalty

degree – diverse penalties mentioned by name in the RPC

Question 93

What is a complex penalty?

Answer 93

a penalty prescribed by law composed of 3 distinct penalties, each forming a period; the lightest shall be the minimum, the next the medium, and the most severe, the maximum period

Question 94

Rules when the penalty is a complex one composed of 3 distinct penalties

Answer 94

(1) each one shall form a period; the lightest shall be the minimum, the next the medium, and the most severe, the maximum period

(2) when the penalty prescribed does not have any of the forms provided by the code
- - periods shall be distributed, applying by analogy the prescribed rules