5.

Penalties

a) General principles

- Theories justifying penalty:

Prevention

To prevent or suppress the danger to the State arising from criminal

acts

Self-defense

The state has a right to punish criminal as a measure of self-defense

so as to protect society from the threat and wrong inflicted by the
criminal

Reformation

To correct and reform the offender

Exemplarity

The criminal is punished to serve as an example to deter other from

committing crimes.

Justice

As an act of retributive judgment, a vindication of absolute right

and moral law.

- Nullum crimen, nulla poena sine lege

> Only those penalties prescribed by law prior to its commission may be
imposed.

- Retroactive effect of Penal Laws:

> Exception: The offender is a habitual criminal

> Penal laws are retroactive insofar as they favor the person guilty of a felony,
who is not a habitual criminal (habitual delinquent).

(i) Act Prohibiting the Imposition of Death Penalty in the Philippines (R.A. No. 9346)

- R.A 9346 applies even if the offender is a habitual delinquent

> An exception to the exception of the rule of retroactivity of penal laws

 > Reason:

The rapists, murderers, etc. who are primary beneficiaries of

retroactive application of law cannot be more benign than falsifiers,
robbers or swindlers.

- People v. Bon

> On the issue: Whether the penalty for attempted qualified rape should be
computed from death or reclusion perpetua.

- Death as utilized in Article 71 of the RPC, shall no longer

form part of the equation in the graduation of penalties.

- The consideration of death as a penalty is bereft of legal

effect.

> RA 9346 consequently downgraded those penalties attached to death by

reason of the graduated scale under Article 71.

> By retaining the graduated scale of penalties under Article 71, RA 9346 would
equalize the penalties of principals and accomplices for crimes previously
punishable by death.

- Characteristics of Penalties in the RPC:

o Graduated according to severity

o Divided into periods
o Classified into principal or accessory
o Deemed imposed for consummated crimes
o Imposed against principal offender
o The penalty prescribed for respective felonies can never be increased by
Court no matter how perverse the offender may be.

b) Purposes

The three-fold purpose of penalty

1) Retribution or Expiation
- The penalty is commensurate with the gravity of the offense
 2) Correction or Reformation
- It regulates the execution of penalties consisting in deprivation of liberty; and

3) Social Defense
- Shown by its inflexible severity to recidivists and habitual delinquents

c) Classification

- CLASSIFICATION OF PENALTIES AS PRINCIPAL OR ACCESSORY (ARTICLE 25)

1) Principal

- Those expressly imposed by the court in the judgment of conviction.

- Re-classified according to divisibility:

a) DIVISIBLE those penalties that have fixed duration and are divisible
into three periods; and

b) INDIVISIBLE Those which have no fixed duration

i. Death

ii. Reclusion Perpetua

iii. Perpetual absolute or special disqualification

iv. Public Censure

2) Accessory penalties

- Those that are deemed included in the imposition of the principal penalties.

- CLASSIFICATION ACCORDING TO SUBJECT-MATTER:

1) CORPORAL

- Death

2) DEPRIVATION OF FREEDOM

- Reclusion, Prision, Arresto

3) RESTRICTION OF FREEDOM
 - Destierro

4) DEPRIVATION OF RIGHTS

- Disqualification and Suspension

5) PECUNIARY

- Fine

- CLASSIFICATION ACCORDING TO THEIR GRAVITY:

1) CAPITAL

2) AFFLICTIVE

3) CORRECTIONAL

4) LIGHT

d) Duration and Effect

- The imputation of the 30 year duration to reclusion perpetua in Articles 27 and 70 is only to
serve as the basis for:

> Determining the convicts eligibility for pardon; or

> Application of the three-fold rule in the service of multiple penalties

- What is the remedy when a person has already served the maximum penalty imposable?

> The appropriate remedy is to file a petition for habeas corpus. The rules on habeas
corpus should be liberally applied in cases which are sufficient in substance.

e) Application

i) Rules for the application of penalties with regard to the mitigating and aggravating
circumstances (Article 62)

1) The following aggravating circumstances shall not be taken into account for
the purpose of increasing the penalty:
 a) Those which in themselves constitute a crime

Example

- by means of fire or arson

b) Those included by law in prescribing the penalty and defining a

crime;

Example:

- disrespect for authority, being included in direct assault

c) Those inherent in the crime

- Neither a crime by itself, nor considered in prescribing the

penalty. Example: dwelling, in Trespass to Dwelling

2) Aggravating or mitigating circumstances that are personal, shall only serve to

aggravate or mitigate the liability of the principals, accomplices and accessories
as to whom each circumstances are attendant.

- This rule involves circumstances which arise from the moral

attributes of the offender or from his private relations with the
offended party.

Example:

In parricide, only the relative-offender shall be liable therefor,

the co-conspirator shall be liable for homicide or murder;
Habitual delinquency will be considered against the one to
whom it pertains and will not aggravate the crime of the other
offenders.

3) Special aggravating circumstances/the penalty to be imposed shall be in its

maximum, regardless of mitigating circumstances in cases where:

Advantage of public position was taken by the offender in the

commission of the crime;

The offense was committed by any person who belongs to an

organized/syndicated crime group.
ii) Rules for the application of penalties with regard to habitual delinquency (Art. 62)

The effect of habitual delinquency is to impose upon the convict an

additional penalty, which increases with the number of his
convictions from the third and so forth.
The total of the two penalties (for the crime and for the habitual
delinquency) should not be more than 30 years.
Habitual delinquency is in effect not a regular aggravating
circumstance but is akin to a felony with its own escalating
penalty.
Habitual delinquents are disqualified from the retroactive
application of a favorable penal law.
o Exception: Act Prohibiting the Imposition of Death Penalty
in the Philippines (R.A. No. 9346)

iii) Rules for the application of indivisible penalties (Article 63)

The single indivisible penalty of RECLUSION PERPETUA shall be

applied by the courts regardless of any mitigating or aggravating
circumstances that may have attended the commission of the deed.

Exception to Article 63:

o The mitigating here does not include privileged mitigating

circumstances for these are always considered even in
case of single indivisible penalty.

The second paragraph of Article 63 is now inoperative due to R.A

9346 that abolished death penalty. At present, there is only one
indivisible penalty of RECLUSION PERPETUA.

(i) Indeterminate Sentence Law (R.A. No. 4103, as amended)

- It is a law which modified the imposition of penalties under the RPC

AND SPECIAL LAWS.
 - The courts are mandated in imposing a sentence to fix a minimum and
maximum period of the penalty.
> The minimum sentence must be served and thereupon, the
convict becomes eligible for parole.

- When released, he is not actually discharged. The rest

of his sentence is served out of prison under the
supervision of a parole officer.

- Objectives of the law:

> It is to avoid the unnecessary, prolonged imprisonment of the

convicts which may result in economic wastefulness.

- Why is there a need to specify the minimum and maximum periods?

> The need for specifying the minimum of the indeterminate

sentence is to prevent the unnecessary and excessive
deprivation of liberty and to enhance the economic usefulness
of the accused, since he may be exempted from serving the
entire sentence, depending upon his behavior and his physical,
mental, and moral record.

> The maximum penalty is necessary for purposes of:

1) ACCESSORY PENALTIES; and

2) IN CASE THE CONVICT IS NOT GIVEN PAROLE.

- The requirement of imposing an indeterminate sentence in ALL

CRIMINAL OFFENSES with definite maximum and minimum terms is
MANDATORY. (with exceptions)

(a) Application on the imposed sentence

- When the penalty is other than prison sentence such as destierro,

suspension, and the like, the ISL does not apply. (Section 1)

- The ISL is mandatory EXCEPT IN THE FOLLOWING CASES: MV HACEL

1) Convicted of Section 1 and Section 3 of the Crimes against

National Security and Laws of Nations

a) Treason and espionage

 b) Piracy and mutiny on the high seas or in Philippine
waters

2) HABITUAL Delinquents;

3) ESCAPEES and Evaders of sentence;

4) LIFE Imprisonment or Death Penalty;

5) MAXIMUM period of imprisonment does not exceed one

year;

6) VIOLATION of conditional pardon;

7) ALREADY serving final judgment upon approval of the ISL.

- The exceptions can grouped into the following:

1) Penalties

a) Death and Life Imprisonment;

b) Reclusion Perpetua imposed as a single indivisible

penalty;

c) Prison terms the maximum of which is not more

than one year

d) Non prison sentences

2) Offenses

- Section 1 and Section 3 of Title 1 Crimes Against

National Security and The Laws of Nations (Book ll)

3) Offenders

a) Habitual delinquents;

b) Escapees form confinements;

c) Evaders of sentence; and

d) Violators of Conditional Pardon

- Operation of the ISL:

 > Privileged mitigating circumstances must first be considered
before applying the rules.

> The minimum is fixed at one DEGREE lower than that provided
by the RPC. The minimum is within the whole range of the next lower
penalty; not necessarily in the same period as the maximum penalty.

- The period of the minimum and the maximum

penalty need not be the same.

- The Court has UNQUALIFIED DISCRETION to fix the

term of the minimum. The only limitation is that it is
within the range of the penalty next lower to that
prescribed by the RPC for the offense committed,
without regard to its three periods.

> The maximum term of the penalty shall be that which, in

view of the attending circumstances, could be properly
imposed under the RPC.

- When the penalty is originally exempt from the ISL, and after lowering
it, the penalty is now within the law, shall the law apply?

> Yes, because what controls is the penalty imposed not what
is imposable.

- When the crime is a complex one, how should the penalty next lower
in degree be determined?

> For purposes of determining the next lower degree, the full
range of the penalty prescribed by law for the offense, not merely the
imposable penalty because of its complex nature, should, a priori, be
considered. What is controlling is the penalty imposed not what is
imposable.

(b) Coverage

- ALL CRIMINAL CASES

- Second Clause of Section 1 provided for sentences under any other

law, hence SPECIAL LAWS ARE COVERED.
 RPC SPECIAL LAW

The maximum term of which shall The maximum term of which shall
be that which, in view of the not exceed the maximum fixed by
attending circumstances, could be said law;
properly imposed under the RPC;

The minimum term shall be within The minimum shall not be less
the range of the penalty next than the minimum term
lower to that prescribed by the prescribed by the special law.
Code for the offense

(c) Conditions of parole

1) Every prisoner released on parole shall:

- REPORT personally to appointed government officials or

parole officers for a period of surveillance equivalent to the
remaining portion of the maximum sentence imposed upon him
or until final release and discharge by the Board.

2) The limits of residence of such paroled prisoner may be fixed and

from time to time changed by the Board;

- If during the period of surveillance such paroled prisoner shall show

himself to be a law-abiding citizen, the Board of Indeterminate
Sentence may issue a final certification of release and discharge in his
favor.

- Whenever any paroled prisoner, during the period of surveillance,

violate any of the conditions of his parole, THE BOARD MAY ISSUE AND
ORDER FOR HIS ARREST. In such case, the prisoner so arrested shall
serve the remaining unexpired portion of the maximum sentence for
which he was originally committed to prison.

(ii) Three-fold rule

- The maximum duration of the convicts sentence shall not be more than three
fold the length of time corresponding to the most severe of the penalties
imposed upon him (when multiple penalties are imposed).
 o No other penalty to which he may be liable shall be inflicted after the
sum total of those imposed equals the maximum period.

- The maximum penalty is three times the most severe or the total of the
penalties imposed, whichever lower.

- The maximum period shall in no case exceed 40 years. Whatever is lower

between the sum of the penalties and three times the most severe; it shall not
be more than 40 years.

o When convict is habitual delinquent: The total of the two penalties (for
the crime and for the habitual delinquency) should not be more than 30
years.

(ii) Subsidiary imprisonment

- Subsidiary imprisonment is a subsidiary personal liability to be suffered by the

convict who has no property with which to meet the fine, at the rate of one
day for each P8.00. (Subject to the rules provided for in Article 39)

- It shall be proper only if the accused has no property with which to pay the fine
and not as a matter of choice on his part by opting to go to jail instead of
paying.

o Paragraph 5 of Article 39 states that the subsidiary personal liability

which the convict may have suffered shall not relieve him from the
obligation to pay the fine in case his financial circumstances should
improve.

- Subsidiary imprisonment is not an accessory penalty and therefore, the

judgment of conviction must expressly state that the offender shall suffer the
subsidiary imprisonment in case of insolvency. (People v. Fajardo)

- 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 judgment of conviction. (Ramos v.
Gonong)

- If the offender cannot pay the fine for damage resulting from the negligence
(criminal negligence), he will suffer subsidiary imprisonment provided that the
same is expressed in the sentence.
- The Supreme Court imposed subsidiary imprisonment in case of failure of the
offender to pay the fine notwithstanding the absence of such provision in
special laws.