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CRIMINAL

LAW 1 REVIEWER

SECTION 2 EXECUTION OF PRINCIPAL PENALTIES



Article 81. When and how the death penalty is to be executed.
The death sentence shall be executed with preference to any other
and shall consist in putting the person under sentence to death by
electrocution. The death sentence shall be executed under the
authority of the Director of Prisons, endeavoring so far as possible to
mitigate the sufferings of the persons under sentence during
electrocution as well as during the proceedings prior to the execution.

If the person under sentence so desires, he shall be anaesthetized at
the moment of the execution.

As soon as facilities are provided by the Bureau of Prisons, the
method of carrying out the sentence shall be changed to gas
poisoning.
The death sentence shall be carried out not later than one (1) year
after the judgment has become final. (As amended by Sec. 24,
Republic Act No. 7659.)

POINTS

I. Republic Act No. 9346 Expressly Repealed Republic Act No. 8177,
Which Prescribed Death By Lethal Injection
According to Section 1 of Republic Act No. 9346, the imposition
of the death penalty is prohibited.

II. Because The Death Penalty May Not Be Imposed Anymore, Articles
81-85 Have No Application
Article 81 When and how the death penalty is to be executed.
Article 82 Notification and execution of the sentence and
assistance to the culprit.
Article 83 Suspension of the execution of the death sentence.

Article 84 Place of execution and persons who may witness


the same.
Article 85 Provisions relative to the corpse of the person
executed and its burial.


III. Death Sentence Shall Be Executed With Preference To Any Other
Penalty
In accordance with Article 70 providing for successive service of
sentences.

IV. Death Sentence By Lethal Injection
This is in accordance with Republic Act No. 8177. Prior to the
enactment of said Republic Act No., the death penalty was
carried out by electrocution.

V. When Death Sentence Shall Be Carried Out
Not earlier than 1 year nor later than 18 months after the
judgment becomes final and executory, without prejudice to
the Presidents exercise of pardon.

Article 82. Notification and execution of the sentence and assistance
to the culprit.
The court shall designate a working day for the execution, but not the
hour thereof; and such designation shall not be communicated to the
offender before sunrise of said day, and the execution shall not take
place until after the expiration of at least eight hours following the
notification, but before sunset. During the interval between the
notification and the execution, the culprit shall, in so far as possible,
be furnished such assistance as he may request in order to be
attended in his last moments by priests or ministers of the religion he
professes and to consult lawyers, as well as in order to make a will
and confer with members of his family or persons in charge of the
management of his business, of the administration of his property, or
of the care of his descendants.


Original Material from TABLE TURNERS (2012-2013). Edited by Rachelle Anne Gutierrez (2015-2016)

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CRIMINAL LAW 1 REVIEWER




POINTS

I. A convict sentenced to death may make a will.
He has the right to consult a lawyer and make a will for the
disposition of his property.
To know if the convict sentenced to death may dispose of his
property inter vivos, it must first be ascertained if the death
penalty was not executed by reason of commutation or pardon
(Article 40).
o Thus, if the death penalty is not executed because of
commutation or pardon, civil interdiction as an
accessory penalty of Article 40 can be applied, and
according to Article 34, shall deprive the offender to
dispose of his property by any act or conveyance inter
vivos.

Article 83. Suspension of the execution of the death sentence.
The death sentence shall not be inflicted upon a woman while she is
pregnant or within one (1) year after delivery, nor upon any person
over seventy years of age. In this last case, the death sentence shall
be commuted to the penalty of reclusion perpetua with the accessory
penalty provided in article 40.

In all cases where the death sentence has become final, the records of
the case shall be forwarded immediately by the Supreme Court to the
Office of the President for possible exercise of the pardoning power.
(As amended by Sec. 25, Republic Act No. 7659.)

POINTS

I. Death Sentence Shall Be Suspended When The Accused Is:
1. Woman, while pregnant
2. Woman, within one year after delivery (Republic Act No. 7659)

o Before it was after 40 days.


3. Person over 70 years of age
o Suspension is necessary to give the President time to
act, because only the President can commute the
sentence.
4. Convict who becomes insane after final sentence of death has
been pronounced (Article 79).
o But when he recovers his reason and before the
penalty has been prescribed, he may be put to death.

II. Article 83 v. Article 47

Article 83
Article 47
Purpose SUSPENSION of death When death penalty is NOT to be
penalty
executed
Cases
1. Woman, while
1. Guilty person is more than
pregnant
70 y/o
2. Woman, within one
2. Upon appeal/automatic
year after delivery
review of the SC, the
3. Person over 70 y/o
majority vote is not obtained
4. Convict who becomes
to impose death penalty
insane after final
3. Convict is a minor (below
sentence of death has
18)*
been pronounced
*This may be added in view of
(Article 79)
Article 68

III. Regional Trial Court Can Suspend Execution Of Death Sentence.
Must be done:
o After the judgment has become final
o After the date has been fixed for execution
o Upon petition on behalf of the prisoner
o Based upon grounds which does not challenge the
validity of the judgment or involve a
review/reconsideration of the proceedings:
Insanity or pregnancy of convict


Original Material from TABLE TURNERS (2012-2013). Edited by Rachelle Anne Gutierrez (2015-2016)

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CRIMINAL LAW 1 REVIEWER



Alleged non-identity of the prisoner with the
person actually convicted and sentenced
Alleged lack of a suitable opportunity to be
heard on an application for executive clemency
o HOWEVER, the court cannot grant (PICpermanent,
indefinite, conditional) suspension of the execution of
sentences in criminal cases.

IV. Records To Be Forwarded To The Office Of The President, When
The Death Sentence Has Become Final
For the possible exercise of the pardoning power.

Article 84. Place of execution and persons who may witness the
same.
The execution shall take place in the penitentiary of Bilibid in a space
closed to the public view and shall be witnessed only by the priests
assisting the offender and by his lawyers, and by his relatives, not
exceeding six, if he so request, by the physician and the necessary
personnel of the penal establishment, and by such persons as the
Director of Prisons may authorize.

Article 85. Provision relative to the corpse of the person executed
and its burial.
Unless claimed by his family, the corpse of the culprit shall, upon the
completion of the legal proceedings subsequent to the execution, be
turned over to the institute of learning or scientific research first
applying for it, for the purpose of study and investigation, provided
that such institute shall take charge of the decent burial of the
remains. Otherwise, the Director of Prisons shall order the burial of
the body of the culprit at government expense, granting permission to
be present thereat to the members of the family of the culprit and the
friends of the latter. In no case shall the burial of the body of a person
sentenced to death be held with pomp.

POINTS

I. The Burial Of The Body Of A Person Sentenced To Death Should
Not Be Held With Pomp.
This is to prevent anyone from making a hero out of a criminal.

Article 86. Reclusion perpetua, reclusion temporal, prision mayor,
prision correccional and arresto mayor.
The penalties of reclusion perpetua, reclusion temporal, prision
mayor, prision correccional and arresto mayor, shall be executed and
served in the places and penal establishments provided by the
Administrative Code in force or which may be provided by law in the
future.

Article 87. Destierro.
Any person sentenced to destierro shall not be permitted to enter the
place or places designated in the sentence, nor within the radius
therein specified, which shall be not more than 250 and not less than
25 kilometers from the place designated.

POINTS

Memorize this.
Destierro is a correctional penalty (6 months 6 years)
Violation of destierro will give rise to evasion of sentence
(Article 156-159).

Article 88. Arresto menor.
The penalty of arresto menor shall be served in the municipal jail, or
in the house of the defendant himself under the surveillance of an
officer of the law, when the court so provides in its decision, taking
into consideration the health of the offender and other reasons,
which may seem satisfactory to it.


Original Material from TABLE TURNERS (2012-2013). Edited by Rachelle Anne Gutierrez (2015-2016)

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CRIMINAL LAW 1 REVIEWER



TABLE FOR ARTICLES 84, 86-88



ARTICLE
84
(Death Sentence)

PLACE/S OF EXECUTION
OR SERVICE
Penintentiary
Bilid Prison

WITNESSES

86
(Reclusin Perpetua, Reclusin
Temporal, Prision Mayor, Prision
Correccional, Arresto Mayor)
87
(Destierro)

88
(Arresto Menor)

Places and penal


establishments provided by
the AC in force or those that
may be provided in the future
No place because said
convicted must leave the place
itself

Municipal jail, or
*** House of the defendant
himself

OTHER DETAILS


------

Priests
Offenders lawyers
Offenders relatives (not
exceeding 6, if so requested)
Physician
Necessary personnel of the
establishment

------


------

*** Under officers surveillance


------

Shall not be permitted to enter
the place/s designated, nor
w/in a radius specified
Banishment shall be < 250 km,
but > 25 km from place
designated
*** Only when the court so
provides, subject to the offenders
1. Health
2. Other reasons satisfactory to it


Original Material from TABLE TURNERS (2012-2013). Edited by Rachelle Anne Gutierrez (2015-2016)

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