TITLE THREE (PENALTIES) Chapter 1.

Penalties in General Penalty- suffering that is inflicted by the State for the transgression of the law Juridical Conditions of penalty: Must be productive of suffering Must be commensurate with the offense Must be personal- no substitution Must be legal- accdg. to law Must be certain- no one may escape Must be equal for all Must be correctional Purpose of the State to secure justice and to enforce law Three-fold purpose of this code: Retribution or expiation Correction or reformation Social justice Constitutional Restriction excessive fines shall not be imposed, nor cruel and unusual(i.e. disproportionate to the offense committed) punishment inflicted. Theories justifying penalty: (JERPS) Justice to vindicate right violated by offender Exemplarity to deter others from violating law Reformation to correct and reform offender Prevention to suppress danger Self - defense to protect state from threat caused by criminals
ART 21. Penalties that may be imposed No felony shall be punishable by any pernalty not prescribed by law prior to its commission.

Can only be invoked when a person is being tried for an act/omission for which no penalty has been prescribed by law. Thus, a punishment of stoning to death, or killing by the anthill is not allowed.

ART 22. Retroactive effect of penal laws Penal laws shall have a retroactive effect in so far as they favour the person guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of Art 62 of this code, although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same.

General rule is to give crim laws prospective effect Exception- when favorable to the accused Exception to exception when the new law is expressly made inapplicable to pending cases when offender is habitual delinquent Habitual delinquent if within a period of ten years from the date of his release or last conviction of the crimes of FLERTS

(falsification, less serious physical injuries, estafa, robbery, theft &serious physical injuries), he is found guilty of any said crimes a third time or oftener. (a recidivist is not necessarily a habitual delinquent) RPC was not given retroactive effect Ex post facto law: Makes criminal an act done before the passage of the law Aggravate a crime Changes the punishment and inflicts a greater punishment Alters the legal rules of evidence, and authorizes conviction upon less or different testimony Imposes penalty for something which when done was lawful Deprives a person of lawful protection Retroactivity is applicable even if the accused is already serving sentence. Retroactivity is not applicable to civil liability(increasing or decreasing civil liability). Thus, a new law reducing the civil indemnity of death from P50,000 to P30,000 cannot be given retroactive effect. but it applies where the law increases the cost of conviction in a criminal case In order that a subsequent statute may have a retroactive effect, it must refer to the same deed or omission RA 9346, Act prohibiting death penalty, was given retroactive effect While felonies committed prior to the date of effectiveness of the RPC shall be punished in accordance with the code/acts enforced at the time of their commission (ART 366), penal laws shall have retroactive effect insofar as they favor the accused (ART 22). Criminal liability under former law is obliterated when the repeal is absolute No retroactive effect of penal laws as regards to jurisdiction of court. In the latest case of People vs Gano, 363 SCRA 126, SC held: Be it procedural, substantive or remedial, for as long as the law is favorable to the accused who is not a habitual delinquent, it shall be given retroactive effect

ART 23. Effect of pardon by the offended party A pardon by the offended party does not extinguish criminal action except as provided in Art. 344 of this code; but civil liability with regard to the interest of the injured party is extinguished by his express waiver.

Pardon by the offended party does not extinguish criminal action Reason: crime committed is an offense against the State. Apply only to CASA-A (concubinage, adultery, seduction, abduction and acts of lasciviousness); these are private crimes Since rape is now considered crime against person, it is excluded from the list. Rules: 1. Pardon under Art. 344 must be made before institution of criminal prosecution. In crimes of seduction, abduction, or acts of lasciviousness, the pardon must be express. But in adultery and concubinage, whether implied or express, pardon will bar criminal prosecution Pardon by parents or guardian of a minor is not sufficient to remove criminal responsibility without the conformity of the offended party even if a minor. 2. The offended spouse (in concubinage and adultery) must file the criminal complaint against both the guilty parties. If pardon is extended, it must also be for both the guilty parties. 3. Pardon under Art. 344 in only a bar to criminal prosecution, it does not extinguish criminal liability. marriage between the offender and the offended party. except as provided in Art. 344 of this code The offended party in the crimes of adultery and concubinage cannot institute criminal prosecution, if he shall have consented or pardoned the offenders Pardon here may be implied, as continued inaction of the offended party after learning Crime causes 2 classes of injuries : 1. Social injury offended party cannot pardon the offender to relieve him of this penalty; the State has interest. 2. Personal injury offended party may waive indemnity. What is the effect of pardon in marital rape? Marital pardon given before the filing of the case or even after final conviction shall extinguish criminal liability and shall remit or abate the penalty already imposed.

1. 2.

3.

Suspension from the employment or public office during the trial or in order to institute proceedings Fines and other corrective measures which, in the exercise of their administrative or disciplinary powers, superior officials may impose upon their subordinates Deprivation or rights and the reparations which the civil law may establish in penal form

Why they are not considered penalties? They are not imposed as a result of judicial proceedings Fines mentioned in No.4 above are not imposed by the court. Chapter 2. Classification of Penalties

ART 25. Penalties which may be imposed The penalties which may be imposed, accdg to this Code, and their different classes, are those included in the ff: PRINCIPAL PENALTIES Capital punishment: Death Afflictive penalties: (applicable to grave felonies) Reclusion perpetua Reclusion temporal Perpetual or temporary absolute disqualification Perpetual or temporary special disqualification Prision mayor Correctional penalties: (applicable to less grave felonies) Prision correctional Arresto mayor Suspension Destierro Light penalties: (applicable to light felonies) Arrest menor Public censure Penalties common to the three preceding classes: Fine, and Bond to keep the peace ACCESSORY PENALTIES Perpetual or temporary absolute disqualification Perpetual or temporary special disqualification Suspension from public office, the right to vote and be voted for the profession or calling Civil interdiction Indemnification Forfeiture or confiscation or instruments and proceeds of the offense Payment of cost

ART 24. Measures of prevention or safety which are not considered penalties The following shall not be considered as penalties. 1. The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or illness requiring their confinement in a hospital 2. The commitment of a minor to any of the institutions mentioned in Art. 80, and for the purposes specified therein

The penalties which may be imposed, accdg to this code are those included in art. 25 only. RA 9346 prohibited the imposition of death penalty Clases of penalties in this article: 1. Principal penalties expressly imposed by the court

Accessory penalties deemed included in the principal penalties According to their divisibility 1. Indivisible(no fixed duration): a. Death b. Reclusion perpetua c. Perpetual absolute or special DQ d. Public censure Note: While RA 7659 fixed the legal duration of Reclusion perpetua from 20yrs and 1day to 40yrs., it remains to be an indivisible penalty 2. Divisible (have fixed duration; divisible to 3 periods) According. to subject matter: 1. Corporal (death) 2. Deprivation of Freedom (reclusion, prision, arresto) 3. Deprivation of Rights (DQ & suspension) 4. Pecuniary (fine) monetary According. to gravity: 1. Capital 2. Afflictive 3. Correctional 4. Light Perpetual or temporary absolute/special disqualification and suspension may either be principal or accessory penalties. Destierro is a principal, correccional and divisible penalty 2.

Temporary disqualification and suspension, when imposed as accessory penalties, have different durations they follow the duration of the principal penalty. Destierro is imposed in the following cases: 1. Serious physical injuries or death under exceptional circumstances (Art. 247) 2. Failure to give bond for good behaviour (Art. 284) 3. Penalty for the concubine in concubinage (Art. 334) 4. In cases where, after reducing the penalty by one or more degrees, destierro is the proper penalty. Bond to keep the peace is not specifically provided as a penalty for any felony and so cannot be imposed by the court.

ART 28. Computation of penalties: (to be computed by warden or Director of Prisons) 1. When the offender is in prison the duration of temporary penalties is from the day on which the judgement of conviction becomes final. 2. When the offender is not in prison the 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 the duration is from the day on which the offender commences to serve his sentence.

ART 26. Fine When afflictive, correctional, or light penalty. Afflictive over P6000 Correctional P200 to P6000 Light penalty less than P200

May be imposed either as a single or alternative penalty Penalties cannot be imposed in the alternative Ex. to pay a fine of P1000 or to suffer an imprisonment of two years this sentence is incorrect Art. 26 merely classifies fine and has nothing to do with the definition of light felony If the fine imposed is exactly P200 pesos, is it a light felony or a less grave felony? It is a light felony as defined in Art. 9, par. 3. Chapter 3. Duration and Effect of Penalties
Section 1 Duration of Penalties

ART 27. Reclusion perpetua 20 yrs and 1day to 40yrs Reclusion temporal 12 yrs and 1day to 20yrs Prision mayor and temporary disqualification 6yrs and 1day to 12yrs Except: when DQ is accessory penalty, in which case its duration is that of the principal penalty Prision Correccional, suspension, and destierro 6mos. and 1day to 6yrs. Except: when suspension is an accessory penalty, in which case its duration is that of the principal penalty Arresto mayor 1mo. and 1day to 6mos Bond to keep the peace the period which the bond shall be effective is discretionary on the court.

If the accused, who was in custody, appealed, his service of sentence should commence from the date of the promulgation of the decision of the appellate court, not from the date the judgement of the trial court was promulgated. The service of a sentence of one in prison begins only on the day the judgement of conviction becomes final. Examples of temporary penalties: 1. Temporary absolute disqualification 2. Temporary special disqualification 3. Suspension Rules in cases of temporary penalties: If offender is under detention, as when he is undergoing preventive imprisonment, Rule 1 If not under detention, because the offender has been released on bail, Rule 3 Examples of penalties consisting in deprivation of liberty: 1. Imprisonment 2. Destierro Rules in cases of penalties consisting in deprivation of liberty: When the offender is not in prison, Rule 2 If the offender is undergoing preventive imprisonment, computation of penalty is not from the day that the offender is placed at the disposal of the judicial auth. for the

enforcement of the penalty. Rule 3 applies, that is, the duration of the penalty shall be computed from the day on which the defendant commences to serve sentence. Reason for Rule 1: Because under Art. 24, arrest and temporary detention is not considered a penalty

ART 29. Period of preventive imprisonment deducted from term of imprisonment Offenders or accused who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners, except in the following cases: 1. 2. When they are recidivists, or have been convicted previously twice or more times of any crime When upon being summoned for the execution of their sentence they have failed to surrender voluntarily

If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment. Whenever an accused has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is under review. In case the maximum penalty to which the accused may be sentenced is destierro, he shall be released after 30days of preventive imprisonment.

An accused is still entitled to the full time or 4/5 of the time of the preventive imprisonment even if he is sentenced to perpetual penalties. If the offense for which the offender is undergoing preventive imprisonment is punishable by imprisonment or a fine, and upon conviction the court imposed on him only a fine, there is no credit to be given; he must still pay the fine. Although destierro does not constitute imprisonment, it is still a deprivation of liberty. Convict must be released immediately if the penalty imposed after trial is less than the full time or 4/5 of the time of the preventive imprisonment. Accused shall be released immediately whenever he has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment for the offense charged. If the maximum penalty to which the accused may be sentenced is destierro, Illustration: A is accused of a crime punishable by arresto menor(1-30 days) to destierro(6mos and 1day to 6yrs). A has been detained for 30days since his arrest. In that case, A should be released immediately after 30days from his detention even the duration of destierro is from 6mos and 1day to 6yrs because in destierro, the accused does not serve it in prison. Offenders not entitled to the full time or 4/5 of the time or preventive imprisonment: 1. Recidivists (including habitual delinquent) 2. Those who, upon summoned for the execution of their sentence, failed to surrender voluntarily In view of the elimination in RA 6127 of par.3 of the original Art.29, those who were convicted of robbery, theft, estafa, malversation of public funds, falsification, vagrancy and prostitution are now to be credited in the service of their sentence with the full time or 4/5 time. Par. 2 above does not refer to failure to surrender voluntarily after the commission of the crime. It says, when upon being summoned for the execution of the sentence.

Accused undergoes preventive imprisonment when the offense charged is non-bailable, or even if bailable, he cannot furnish the required bail. Non-bailable offenses punishable by death or reclusion perpetua and the evidence of guilt is strong. The mere fact the offense is punishable by death or reclusion perpetua does not per se make the offense non-bailable. There is the other requirement that the evidence of guil is strong. The full time(if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules impose) or four-fifths(if the detention prisoner does not agree to abide by the same disciplinary rules imposed) of the time during which offenders have undergone preventive imprisonment shall be deducted from the penalty imposed. Under Art 197 of the Child and Youth Welfare Code (PD 603), the youthful offender shall be credited in the service of his sentence with the full time he spent in actual confinement, whether or not he agreed to abide by the disciplinary rules.

Section 2 Effects of the penalties according to their respective nature

ART 30. Effects of the penalties of perpetual or temporary absolute disqualification The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects: 1. The deprivation of the public offices and employments which the offender may have held, even if conferred by popular election The deprivation of the right to vote in any election for any popular elective office or to be elected to such office The disqualification for the offices or public employments and for the exercise of any of the rights mentioned In case of temporary disqualification, such disqualification as is compromised in paragraphs 2 and 3 of this Article shall last during the term of the sentence The loss of all rights to retirement pay or other pension for any office formerly held.

2. 3.

ART 34. Civil Interdiction Civil interdiction shall deprive the offender during the time of his sentence of the: 1. rights of parental authority, or guardianship, either as to the person or property of any ward 2. marital authority 3. the right to manage his property, and of the right to dispose of such property by any act or any conveyance inter vivos.

4.

ART 31. Effects of the penalties of perpetual or temporary special disqualification The penalties of perpetual or temporary special disqualification for public office, profession, or calling shall produce the following effects: 1. 2. The deprivation of the office, employment, profession or calling affected The disqualification for holding similar offices or employments either perpetually or during the term of the sentence, according to the extent of such disqualification.

The person subjected to civil interdiction cannot appoint agent to manage because the act of the agent is also the act of the principal; only court administration can manage. But he can prepare a Last Will End testament, because what the law prohibits is disposition inter vivos. The LWE testament does not dispose of the property at the time of its making but at the time of death. Inter vivos Latin for between the living, means transfer of property by agreement between living persons and not by a gift through a will. Examples: mortgage, sale, donation, etc. Civil interdiction is imposable when the penalty is: 1. Death, when not executed 2. Reclusion perpetua 3. Reclusion temporal

Disqualification is withholding of privilege, not a denial of right The word perpetually refers to the perpetual kind of special disqualification, while the phrase during the term of the sentence refers to the temporary special disqualification. The duration between them are different because the provision said, accdg to the nature of said penalty

ART 35. Effects of bond to keep the peace It shall be the duty of any person sentenced to give bond to keep the peace, 1. to present two sufficient sureties who shall undertake that such person will not commit the offense sought to be prevented, and that in case such offense be committed they will pay the amount determined by the court in its judgement, 2. or otherwise, to deposit such amount in the office of the clerk of the court to guarantee said undertaking. The court shall determine, according to its discretion, the period of duration of the bond. 3. Should the person sentenced fail to give the bond as required, he shall be detained for a period which shall in no case exceed 6mos. if he shall have been prosecuted for a grave or less grave felony and shall not exceed 30days if for a light felony

ART 32. Effects of penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive the offender perpetually or during the term of the sentence, according to the nature of said penalty, of the: 1. right to vote in any popular election for any public office or to be elected to such office. 2. Moreover, the offender shall not permitted to hold any public office during the period of his disqualification. ART 33. Effects of the penalties of suspension from any public office, profession, or calling, or the right of suffrage The suspension form public office, profession, or calling and the exercise of the right of suffrage shall: 1. disqualify the offender from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence. The person suspended from holding public office shall not hold another having similar functions during the period of his suspension.

Bond to keep peace is not a bail bond; the former is imposed as a penalty in threats, the latter to secure the provisional release of an accused.

ART 36. Pardon; its effects 1. A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, Unless: such rights be expressly restored by the term of the pardon. A pardon shall not exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence.

2.

2.

Limitations upon the exercise of the pardoning power:

1.

That the power can be exercised only after conviction 2. That such power does not extend to cases of impeachment. Pardon may be granted only after conviction by final judgement (Sec. 19, Art VII of the present consti prohibits the grant of pardon to an accused during the pendency of his appeal) Pardon granted in general terms does not include accessory penalty, only the effect of that principal penalty is extinguished. Except: absolute pardon, it removes all that is left of the consequence of conviction. Although the rule is that a pardon does not restore the right ot hold public office or the right of suffrage, unless expressly stated in the pardon, the exception is when the facts and circumstances of the case already show that the purpose of the Chief Executive is precisely to restore those rights. Pardon after serving 30 years does not remove perpetual absolute disqualification Pardon by the Chief Executive distinguished from pardon by offended party: Pardon by Offended Party Does not extinguish criminal liability Offended party can waive the civil liability (money claims) Pardon should be given before the institution of criminal prosecution

ART 38. Pecuniary liabilities Order of payment In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following order: 1. 2. 3. 4. Reparation of the damage caused Indemnification of the consequential damages Fine Costs of the proceedings

Pardon by Chief Exec. Extinguishes criminal liability of the offender Cannot include civil liability which the offender must pay Granted only after conviction

Art. 38 is applicable in case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities. Hence, if the offender has sufficient or no property, there is no use for Art. 38. The order of payment of pecuniary liabilities in Art. 38 must be observed. Illustration: A inflicted upon B serious physical injuries and took the latters watch and ring worth P1250. As a result, B was hospitalized. For hospital bills, he paid P300. If A, after conviction, had only property of P1000, it shall be applied to the payment of the watch and ring, which could not be returned, because they are covered by the reparation of damage caused under No.1 The hospital bills in the amount of P500 and the salary which he failed to earn in the sum of P300 are covered by the indemnification of consequential damages which is only No. 2. Courts cannot disregard the order of payment There is reparation in the crime of rape when the dress of the woman was torn Fines and indemnities imposed upon either husband or wife may be enforced against the partnership assets, if the spouse has no exclusive property or if it is insufficient.

ART 37. Costs What are included. Costs shall include 1. 2. Fees, and Indemnities in the course of the judicial proceedings, whether they be fixed or unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule.

ART 39. Subsidiary penalty If the convict has no property with which to meet the fine mentioned in par. 3 of the next preceding Article, he shall be subject to a subsidiary personal liability at the rate of 1day/ P8, subject to the following rules: 1. If the penalty imposed is prision correccianal or arresto and fine subsidiary imprisonment, not to exceed 1/3 of the term of the sentence, and in no case to continue for more than 1 year. Fraction or part of a day, not counted If the penalty imposed is fine only subsidiary imprisonment, not to exceed 6months, if the culprit is prosecuted for grave or less grave felony, and not to exceed 15days, if prosecuted for light felony When the penalty imposed is higher than prision correccional no subsidiary imprisonment

Costs of the suit are the expenses of the litigation allowed and regulated by the Rules of Court to be assessed against or to be recovered by a party in litigation. Costs are chargeable to the accused only in case of conviction; in case of acquittal, the costs are de oficio, each party bearing his own expenses. No costs shall be allowed against the Republic of the Phils., unless otherwise provided by law. The payment of costs is a matter that rests entirely upon the discretion of courts.

2.

3.

4.

5.

If the penalty imposed is not to be executed by confinement, but of fixed duration subsidiary penalty shall consist in the same deprivations as those of the principal penalty, under the same rules as in Nos. 1,2, and 3 above. In case the financial circumstances of the convict should improve, he shall pay the fine, notwithstanding the fact that the convict suffered subsidiary personal liability therefor.

Subsidiary penalty personal liability to be suffered by the convict who has no property with which to meet the fine, at the rate of 1day/ P8 An accused cannot be made to undergo subsidiary imprisonment in case of insolvency to pay the fine imposed upon him when the subsidiary imprisonment is not imposed in the judgement of conviction. No subsidiary penalty for non-payment of: 1) the reparation of the damage caused, 2) indemnification of the consequential damages, and 3) the costs of the proceedings A convict, who has property enough to meet the fine, cannot choose to serve the subsidiary penalty, instead of paying for the fine. Subsidiary imprisonment is not an accessory penalty; it is a penalty Accdg to Art.39, it is imposed upon the accused in lieu of fine on account of insolvency. Thus it must be expressly stated in the decision Illustration of Rule 1:
A is sentenced to 4yrs, 9mos and 10days of prision correccional, and to pay fine of P4000 1460 days in 4 yrs 270 days in 9mos 10 days 3/ 1740 days in 4yrs, 9mos, 10days 580 days, which represent 1/3 or penalty P8/ P4000 amount of fine 500 days, which are less than 1/3 of the penalty imposed (580 days)

100 days or 3months and 10 days, the same not exceeding 6mos. But if A is sentenced to pay a fine of P160 for a crime punishable by a fine not exceeding P200, the S.I. cannot exceed 15days, because it is light felony. If the penalty imposed by the court is not one of the ff.: 1) prision correccional, 2) arresto mayor, 3) arresto menor, 4) suspension, 5) destierro, 6) fine only S.I. cannot be imposed. If the penalty imposed is 6yrs and 1day, no S.I. because it is already prision mayor. Even if the penalty imposed is not higher than prision correccional, if the accused deserves additional penalty of reclusion temporal for being habitual delinquent, there is no S.I. In case penalty prescribed is imprisonment, it is the penalty actually imposed by the court, not the penalty provided for by the Code, which should be considered in determining whether to impose S.I.

Section 3 Penalties in which other accessory penalties are inherent ART 40. Death its accessory penalties The death penalty, when it is not executed by reason of communication or pardon shall carry with it that of: 1. 2. perpetual absolute disqualification civil interdiction during thirty years following the date of sentence,

UNLESS such accessory penalties have been expressly remitted in the pardon.

ART 41. Reclusion perpetua and Reclusion temporal Their accessory penalties The penalties of reclusion perpetua and reclusion temporal shall carry with them that of: 1. 2. civil interdiction for life or during the period of the sentence as the case may be perpetual absolute disqualification which the offender shall suffer even though pardoned as to the principal penalty

Although the quotient of 500 days does not exceed 1/3 of the term of the penalty imposed, yet A can be made to suffer subsidiary imprisonment only for utmost 365 days The S.I. must not exceed 1/3 of the penalty and not exceed 1 year. No S.I. if indemnity is less than P8 Illustration of Rule 2:
A is sentenced to pay fine of P800 for a crime punishable by a fine not to exceed P2000 P8 /P 800 fine imposed for a less grave felony 100 duration of S.I.

UNLESS the same shall have been expressly remitted in the pardon.

Distinguish Life imprisonment from Reclusion perpetua Reclusion Perpetua Imposable for violation of RPC Fixed duration of 20yrs & 1day to 40yrs Has accessory penalty

Life Imprisonment Imposable for violation of special law No fixed duration No accessory penalty

Since A is prosecuted for a les grave felony, the fine provided by law being not less than P200 nor more than P6000, the duration of his S.I. shall be all the

ART 42. Prision mayor Its accessory penalties The penalty of prision mayor shall carry with it that of: 1. 2. Temporary absolute disqualification Perpetual special disqualification from the right of suffrage which the offender shall suffer although pardoned as to the principal penalty

4.

5.

6. 7.

UNLESS the same shall have been expressly remitted in the pardon

ART 43. Prision correccional Its accessory penalties The penalty of prision correccional shall carry with it that of: 1. 2. Suspension from public office, from the right to follow a profession or calling Perpetual special disqualification from the right of suffrage, if the duration of said imprisonment shall exceed 18 months even though pardoned as to the principal penalty

Confiscation can be ordered only if the property is submitted in evidence or placed at the disposal of the court Articles which are forfeited, when the order of forfeiture is already final, cannot be returned even in case of an acquittal Confiscation and forfeiture are additional penalties When the accused has appealed, confiscation and forfeiture not ordered by the trial court, may be imposed by the appellate court Chapter 4. Application of Penalties

Section 1 Rules for the application of penalties to the persons criminally liable and for the graduation of the same. ART 46. Penalty to be imposed upon principals in general The penalty prescribed by law for the commission of a felony shall be imposed: 1. 2. Upon the principals in the commission of such felony. For consummated felony

UNLESS the same shall have been expressly remitted in the pardon

ART 44. Arresto Its accessory penalties The penalty of arresto shall carry with it that of suspension of the: 1. 2. right to hold office right of suffrage during the term of the sentence

Exception: when the law fixes a penalty for frustrated or attempted felony. Graduation of penalties by degrees or by periods:
Consummated

Frustrated Attempted 1 2 3
o o o

The accessory penalties above need not be expressly imposed; they are deemed imposed. The accessory penalties do not affect the jurisdiction of the court.

Principal Accomplice Accessory

0 1 2

o o o

2 3 4

o o o

ART 45. Confiscation and forfeiture of the proceeds or instruments of the crime 1. Every penalty imposed for the commission of a felony shall carry with it the: a) The forfeiture of the proceeds of the crime b) The instruments or tools with which it was committed Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government Property of a third person not liable for the offense is not subject to confiscation and forfeiture Those articles which are not subject of lawful commerce shall be destroyed.

ART 47. In what cases the death penalty shall not be imposed; Automatic review of death penalty cases The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except: 1. 2. 3. when the guilty person is below 18 years of age at the time of the commission of the crime when the guilty person is more than 70 years of age when upon appeal or automatic review of the case by the SC, the vote of 8 members is not obtained for the imposition of the death penalty, in which cases the penalty shall be reclusion perpetua

2. 3. 4.

Rules in Article 45: 1. No forfeiture where there is no criminal case 2. Courts cannot order the confiscation of property belonging to a third person if the latter is not indicted 3. Instruments of the crime belonging to innocent third person may be recovered

In all cases where the death penalty is imposed by the trial court, the records shall be forwarded to the SC for automatic review and judgement by the court en banc, within 20 - 15 days after promulgation of the judgement or notice of denial of any motion for new trial or reconsideration. The transcript shall also be forwarded within 10days after the filing thereof by the stenographic reporter.

RA 9346 prohibited imposition of death penalty Social defense and exemplarity justify the penalty of death

Death penalty should not be cruel and unusual, which involve torture or lingering death. In what crimes is death penalty imposed? a) Treason b) Piracy c) Qualified piracy d) Qualified bribery e) Parricide f) Murder g) Infanticide h) Kidnapping and serious illegal detention i) Robbery with homicide j) Destructive arson k) Rape with homicide l) Plunder m) Violations of Dangerous Drugs Act n) Carnapping The trial court must require the prosecution to present evidence, despite plea of guilty when the charged is punished with death. Note: There is now an intermediate appeal to the Court of Appeals. It is no longer an automatic review by the SC. This is not the prevailing rule. Purpose of such review is geared towards the protection of the accused. Under the law, the accused is entitled to have the sentence and all the facts and circumstances upon which it is founded placed before the CA to the end that its justice and legality may be clearly and conclusively determined.

ART 48. Penalty for complex crimes When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period.

Kinds of Crimes: 1. Simple Crimes crimes which RPC defines and penalizes (homicide, rape, etc) 2. Plurality of Crimes When an offender commits many crimes, each with a corresponding penalty distinct and separate from those others. 2 Types of Plurality of Crimes: a) Real or material plurality Each act arises from distinct criminal impulses; there will be as many crimes as there are acts b) Ideal plurality Acts arises from single criminal impulse; they form a series of acts constituting a single continuing crime 3. Special Complex Crimes two simple crimes which the RPC has defined as single offense with a single penalty.

Complex Crimes Although more than 1 crime has been committed, they constitute only one crime not explicitly prescribed by the RPC and only one penalty is imposed under Art 48. Plurality of Crimes Consists in the successive execution by the same individual of different criminal acts. 2 kinds: 1. Formal or Ideal single criminal liability 2. Real or Material 2 or more criminal liabilities Ex. A stabbed B. Then A also stabbed C. In recidivism, there must be conviction by final judgement of the first or prior offense; in plurality of crimes, there is no conviction of any of the crimes committed. Kinds of Formal or Ideal plurality: 1. Complex Crimes 2. Special Complex Crimes when the law specifically fixes a single penalty for two or more offenses committed. Ex. Robbery with homicide, kidnapping with serious physical injuries. 3. Continued Crimes (delito continuado) 4. Continuing crime (transitory crimes) 2 Kinds of Complex Crimes: 1. Compound Crime (Delito Compuesto) When a single act constitutes 2 or more grave or less grave felonies 2. Complex Crime Proper (Delito Complejo) When an offense is a necessary means for committing the other Requisites of Compound Crime: 1. Only a single act is performed by the offender 2. That single act produces: a) 2 or more grave felonies b) 1 or more grave and 1 or more less grave felonies c) 2 or more less grave felonies 4. Examples: The single act of throwing a hand grenade producing murder and multiple attempted murders Placing a time bomb in a plane, which caused it to explode in mid-air, killing 13 persons therein, producing multiple murder and destruction or property. Several shots from Thompson sub-machine gun causing several deaths, although caused by a single act of pressing the trigger, are considered several acts. Light felonies produced by the same act should be treated and punished as separate offenses or may be absorbed by the grave felony

Several light felonies resulting from one single act not complex When the crime is committed by force or violence, slight physical injuries are absorbed Rape with homicide is a special complex crime not covered by Art.48. When in obedience to an order several accused simultaneously shot many persons, without evidence how many each killed, there is only a single offense, there being a single criminal impulse. Note: The single-criminal-impulse, same motive or the single-purpose theory has no legal basis, for Art. 48 speaks of single act. However, the theory is acceptable when it is not certain who among the accused killed or injured each or the several victims. There is no complex crime of arson with homicide under Art. 48 Complex crimes are applicable to crimes through negligence Theft of firearm and illegal possession of same firearm do not form a complex crime Reason: 1. They are 2 distinct crimes 2. Art 48 speaks of 2 or more grave or less grave felonies resulting from a single act, which excludes crimes punishable by special laws like illegal possession of firearms When an offense is a necessary means for committing the other This kind of complex crime does not exist when the 2 crimes are punished under different statutes. Requisites of Complex Crime Proper: a) At least 2 crimes are committed b) One or some of the crimes must be necessary to commit the other c) Both or all the crimes must be punished under the same statute. When in the definition of a felony one offense is a means to commit the other, there is no complex crime. Example: a) murder committed by means of fire or explosion, which case the crime is only murder b) where trespass to dwelling is a direct means to commit a grave offense c) where murder, arson, robbery or other common crimes are committed to commit rebellion Subsequent acts of intercourse, after forcible abduction with rape, are separate acts of rape. No complex crime when one offense is committed to conceal the other. When the offender had to falsify a public or official document to obtain possession of the funds which he

misappropriated, the falsification is a necessary means to commit the malversation. Complex crimes refers only to felonies punished under the RPC. Therefore, there is no crime of Estafa with violation of BP 22. When 2 crimes produced by a single act are respectively within the exclusive jurisdiction of 2 courts of different jurisdiction, the court of higher jurisdiction shall try the complex crime. When one of the offenses, as a means to commit the other, was committed by one of the accused by reckless imprudence, that accused who committed the offense by reckless imprudence is liable for his act only. When the homicide, physical injuries, and the burning or a house are the result of one single act of negligence, there is only one penalty, but there are 3 civil liabilities When the penalty for one of the crimes resulting from a single act is beyond the jurisdiction of the municipal court, there should be additional penalty for the other When 2 felonies constituting a complex crime are punishable by imprisonment and fine, respectively, only the penalty of imprisonment should be imposed. The rule now is where the person kidnapped is killed in the course, regardless of whether it was purposely done or not, the kidnapping and murder or homicide can no longer be complexed under Art 48. It shall now be punished as a special complex crime.

Continued Crime (Continuous) Continuous, unlawful act or series of acts set on foot by a single impulse and operated by an unintermittent force, however long time it may occupy. Although there is a series of acts, there is only one crime committed, hence, only one penalty. Ex. 1. A thief who takes from the yard of a house 2 game roosters belonging to 2 diff. persons. 2. 8 robberies as a component parts of a general plan. CONTINUED vs. CONTINUING CRIMES Continued/ Continuous Crimes (Delito Continuado) is a term used to denote as only one crime a series of felonious acts arising from a single a resolution, not susceptible of division, which are carried out in the same place and at about the same time , and violating one and the same penal provision. The acts done must be impelled by one criminal intent or purpose, such that each act merely constitutes a partial execution of a particular crime, violating one the same penal provision. Continuing crimes (Transitory crimes) -

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is one whose essential ingredients took place in more than one municipality or city, so much so that the criminal prosecution may be instituted and the case tried in the competent court of any one of such municipality or city. RA 6968 Overts acts used to be punished as components of the crime of rebellion have been severed therefrom by this law. There are now complex crimes of Rebellion with Homicide, Rebellion with Robbery, Rebellion with Arson and Rebellion with Serious Physical Injuries. Single Larceny Doctrine series of acts born of a single criminal intent or resolution constitutes only one crime. Separate Larceny there is distinct larceny as to the property of each victim. The courts have already abandoned this doctrine. No complex crime in the following: 1. In case of continuing crimes 2. When one offense is committed to conceal the other 3. When the other crime is an indispensable part or an element of other offenses 4. Where one of the offenses is penalized by a special law 5. In case of special complex crime 6. When the law provides for a two-tiered penalty Two-tiered penalty a penalty to a particular crime is in addition to the penalty imposable for another crime which results from the commission of such particular crime. (Ex. In addition to his liability for physical injuries, the penalty of prision correccional-medium period to prision mayor- minimum period shall be imposed upon any public officer for maltreatment of prisoners) When a complex crime is charged and one offense is not proven, the accused can be convicted of the other. Penalty to be imposed in case of complex crime is the penalty for the more or most serious crime in its maximum period. The maximum period cannot be offset by ordinary mitigating circumstance. Indeterminate Sentence Law (ISLAW) applies to complex crimes. Therefore, the penalty imposed should be lowered by 1degree but still imposed in its maximum period.

ART 49. Penalty to be imposed upon the principals when the crime committed is different from that intended. In cases in which the felony committed is different from that which the offender intended to commit, the following rules shall be observed: 1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to commit the penalty corresponding to the offense which the accused intended to commit shall be imposed in its maximum period. If the penalty prescribed for the felony committed be lower than that corresponding to the one which the accused intended to commit, the penalty prescribed for the felony committed shall be imposed in its maximum period. The rule established by the next preceding paragraph shall not be applicable if the acts committed by the guilty person shall also constitute an attempted or frustration of another crime, if the law prescribes a higher penalty for either of the latter offenses, in which case the penalty provided for the attempted or the frustrated crime shall be imposed in its maximum period.

2.

3.

Note: Art 49 does not apply to aberration ictus because in this case, there is a complex crime and Art 48 applies. It does not also apply to praeter intentionem where the crime befalls the same person.

ARTS. 50 57 Consummated

Frustrated Attempted 1 2 3
o o o

Principal Accomplice Accessory

0 1 2

o o o

2 3 4

o o o

ART 58. Additional penalty to be imposed upon certain accessories. Those accessories falling within the terms paragraph 3 of Art 19 of this Code who should act with abuse of their public functions, shall suffer the additional penalty of absolute perpetual disqualification if the principal offender shall be guilty of a grave felony, and that of absolute temporary disqualification if he shall be guilty of a less grave felony. ART 59. Penalty to be imposed upon IMPOSIBLE CRIME The penalty imposable in impossible crime is Arresto mayor or a fine ranging from 200-500 pesos. ART 60. Exception to the rules established in Arts. 50-57. The provisions contained in Arts 50-57 inclusive, of this Code shall not be applicable to cases in which the law expressly prescribes the penalty provided for a frustrated or attempted felony, or to be imposed upon accomplices or accessories.

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The law punishes the accomplice with a penalty corresponding to the principals when ascendants, guardians, curators, teachers and any person who by abuse of authority or confidential relationship, shall cooperated as accomplices in RACWAS (rape, acts of lasciviousness, corruption of minors, white slave trade, abduction or seduction)
ART 61. Rules for graduating penalties For the purpose of graduating the penalties which, according to the provisions of Art 50-57, are to be imposed upon persons guilty as principals of any frustrated or attempted felony, or as accomplices or accessories, the following rules shall be observed: 1. When the penalty prescribed for the felony is single and indivisible, the penalty next lower in degree shall be that immediately following that indivisible penalty in the respective graduated scale prescribed in Art 71. When the penalty prescribed for the crime is composed of two indivisible penalties or of one or more divisible penalties to be imposed to their full extent, the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed in the respective graduated scale When the penalty prescribed for the crime is composed of one or two divisible penalties and the maximum period of another divisible penalty, the penalty next lower in degree shall be composed of the medium and minimum periods of the proper indivisible penalty and the maximum period of that immediately following in said respective graduated scale. When the penalty prescribed for the crime is composed of several periods, corresponding to different divisible penalties, the penalty next lower in degree shall be composed of the period immediately following, the minimum prescribed and of the two next following, which shall be taken from the penalty prescribed, if possible, otherwise from the penalty immediately following in the above mentioned respective graduated scale. When the law prescribes a penalty for a crime in some manner not especially provided for in the four preceding rules, the courts proceeding by analogy shall impose corresponding penalties upon those guilty as principals of the frustrated felony or of attempt to commit the same, and upon accomplices and accessories.

3. Reclusion Temporal 4. Prision Mayor 5. Prision Correccional 6. Arresto Mayor 7. Destierro 8. Arresto Menor 9. Public Censure\ 10. Fine ILLUSTRATIONS:

divisible penalties

2.

3.

4.

5.

Degree one unit of a penalty or one of the penalties enumerated in the graduated scales. If the penalty is divisible, it is divided into three equal portions which are referred to as minimum, medium and maximum. Scale of penalties under Art. 71: 1. Death indivisible 2. Reclusion Perpetua penalties

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SECTION 2 Rules for the application of penalties with regard to the mitigating and aggravating circumstances and habitual delinquency ART 62. Effects of the attendance of mitigating or aggravating circumstances and of habitual delinquency. Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the following rules: 1. Qualifying Aggravating Circumstances or aggravating circumstances (A.C.) included in the definition of the crime shall not be taken into account a. When advantage was taken by the offender of public position, the penalty prescribed is the maximum regardless of mitigating circumstances. b. Same goes for offenders who belongs to organized/syndicated crime group Syndicated crime group group of 2 or more persons collaborating for purposes of gain. 2. Same rule applies to A.C. inherent in the crime in such a way that it must of necessity accompany the commission thereof. A.C. or M.C. which arise from the moral attributes of the offender or of his private relations with the offended party, shall only affect the liability of the principals, accomplices or accessories as to whom such circumstance are attendant Circumstances which consist in the material execution or the act or in the means employed to accomplish it, shall affect the liability of those persons only who have knowledge of them at the time of the execution or their cooperation. Habitual Delinquency shall have the ff, sentence: a. 3rd conviction penalty for the last crime plus prision correccional, medium to maximum b. 4th conviction penalty for the last crime plus prision mayor, minimum to medium c. 5th conviction penalty for the last crime plus prision mayor- maximum to reclusion temporal- minimum period Note: the total of the 2 penalties to be imposed shall in no case exceed 30years.

2.

3.

4. 5.

Crimes committed on the same date with convictions taking place on different dates are considered as one. Convictions on the same day or about the same time like May 5 and May 7 are considered only as one. There is no habitual delinquency in special laws H.D. applies even if the crime is attempted or frustrated because the accused reveals the same degree of depravity and perversity as the one who commits a consummated crime. It likewise applies to accomplices and accessories.

3.

4.

5.

Habitual Delinquency within a period of 10years form the date of his release or last conviction of the crimes FLERTS, he is found guilty of said crimes the 3rd time or oftener.

Notes: 1. Commission of any of the specific felonies without first being convicted before committing the other will not make the accused a habitual delinquent.

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