Title III. Chapter 5- Execution and Service of Penalties Flashcards
When and how is a penalty to be executed?
No penalty shall be executed except by virtue of a final judgment.
A penalty shall not be executed in any other form than that prescribed by law, nor with any other circumstances or incidents than those expressly authorized thereby.
In addition to the provisions of law, special regulations prescribed for the government of the institutions in which the penalties are to be suffered shall be observed with regard to the
(1) character of the work to be performed,
(2) time of its performance,
(3) other incidents connected therewith
(4) relations of convicts among themselves and other people,
(5) relief they may received, and
(6) their diet..
The regulations shall make provisions for the separation of sexes in different institutions, or at least into different departments, and also for the correction and reformation of the convicts
What are the rules regarding the execution and service of penalties in case of insanity?
(1) When a convict becomes insane/ imbecile AFTER final sentence has been pronounced
- -execution of said sentence is suspended only as regards the personal penalty
(2) If he recovers his reason
- -sentence shall be executed, UNLESS penalty has prescribed
(3) WHILE SERVING his sentence, convict becomes insane/ imbecile
- - above rules shall be observed
(4) Payment of civil/ pecuniary liabilities shall not be suspended
When may an accused become insane?
(1) At the time of the commission of the offense
- -exempted from criminal liability (art. 12 (1) )
(2) At the time of trial
- - trial is suspended
(3) At the time of final judgment
- - execution and service of sentence is suspended
(4) While serving his sentence
- - service of sentence is suspended
Define Child; Child in conflict with the law
– a person under 18 years
– a child who is alleged as, accused of, or adjudged as having committed an offense under Philippine Laws
What is the rule of exemption from criminal liability with regards to minors?
(1) 15 years and under at the time of commission of offense
- - exempt from criminal liability
- - immediately released to the custody of his parents/ guardian/ nearest relative
- - subjected to a community-based intervention program, unless best interest of child requires referral to youth care facility/ Bahay Pag-asa
(2) above 15 years but below 18 years
a. w/o discernment
- -exempt from criminal liability
- -subjected to an intervention program
b. w/ discernment
- - subjected to diversion proceedings
*exemption does not include civil liability
What are the duties during initial investigation under Art 80?
(1) law enforcement officer
- -determine where the case should be referred
(2) local social welfare and development officer (LSWDO)
- -conduct initial assessment to determine appropriate interventions and w/n child acted with discernment
a. 15 yrs & below / above 15 but below 18, acted w/o discernment
- - proceed with intervention program
b. above 15 years but below 18, acted w/ discernment
- - proceed with diversion
Intervention program for children 15 years and below
- -subject to intervention program
- -if child is found by LSWDO to be dependent, abandoned, neglected, or abused, and best interest of the child requires commitment in bahay pagasa or youth care facility, parents/ guardians shall execute a written authorization for voluntary commitment
**min. age for youth care facility/ bahay pagasa is 12 years old
petition for involuntary commitment
if child 15 years and below has no parents / they refuse / fail to execute the written authorization for voluntary commitment
–proper petition for involuntary commitment shall be immediately filed by DSWD/ LSWDO
Diversion program for children over 15 but below 18, acted with discernment
(1) imposable penalty <= 6 years imprisonment
- - officer shall conduct mediation, family conferencingm and conciliation
- -where appropriate, adopt modes of conflict resolution
- -child and family must be present
(2) victimless crimes, imposable penalty <= 6 years imprisonment
- - officer shall meet with child and family for development of appropriate diversion and rehabilitation program
(3) imposable penalty > 6 years imprisonment
- - diversion measures may be resorted to only by the court
Duty of law enforcement officer when there is no diversion
forward the records/ case to the prosecutor or judge for conduct of inquest and/ preliminary investigation to determine w/n child should remain under custody and charged in court
When shall the prosecutor conduct a preliminary investigation?
(1) when the child in conflict with the law does not qualify for diversion
(2) when the child, parents does not agree to diversion
(3) when considering the assessment and recommendation of LSWDO, prosecutor determines that diversion is not appropriate
Alternative measures for detention pending trial of the child
(1) close supervision
(2) intensive care
(3) placement with a family or in a education setting or home
Where shall the penalties of reclusion perpetua, reclusion temporal, prision mayor, prision correccional, and arresto mayor be served and executed?
in the places and penal establishments provided by the Administrative Code in force / which may be provided by law in the future
Effects of Destierro
Any person sentenced to destierro shall not be permitted to enter the place/ places designated in the sentence, nor within the radius therein specified, which shall not be more than 250 km and not less than 25 km from the place designated
When is Destierro imposed?
(1) when death/ serious physical injuries is caused/ are inflicted under exceptional circumstances
(2) when a person fails to give bond for good behaviour
(3) as a penalty for concubine in the crime of concubinage
(4) when after lowering penalty by degrees, it is the proper penalty
