Even if the person is a habitual, it will never.
The only time that there will be retroactivity is agencies who are authorized to implement the law and to regulate the practice of the
when it is favorable, for non favorable never will it have a retroactive effect. Ok? so ato ng
g-ask sa previous kuan right? There are certain instances where a person can be detained
but his detention is not considered as penalty so I don’t know if it was in this class or the
other class wherein we mentioned na, if a person is confined in a mental hospital, he is not
yet considered penalized or if a person is not yet convicted which means to say that all the
people who are in BBRC or CPDRC are not yet punished, because they are not yet convicted.
As a matter of fact they are presumed to be innocent because that’s a constitutional right
that they are presumed to be innocent. And that’s the reason why they can still vote, they
can even run for office like what happened to Trillanes, he ran because his incarceration
was not yet considered penalty. So therefore, if you say “ah dapat kanang mga priso, lisod
lisodon na sila, they are not they should not be able to have humane condition” No. Even if
convicted prisoners are not deprived of their humanity. They will still serve sentence but
that doesn’t mean to say that you have to make their lives miserable, they’re already
miserable the fact that their in jail. So their detention considered as penalty, but in case
they will be convicted, their time in jail which is not yet a penalty will be credited. So for
example, the sentence after conviction is 6 yrs and they have already been in jail for 6 yrs,
now the can go out. And that’s the reason why, sometimes when the students will have
legal aid, there are times when the detainees would rather lead guilty because if they will
plead guilty they will go out. If they don’t plead guilty, they would still be probably in jail
because .. ahh.. they have to be in jail for the maximum duration. Whereas if they plead
guilty, they will only be in jail for the minimum duration. So lets say 6-12 years, 6 yrs naka
and then if you plead guilty – 6 yrs nalng imung priso, gawas na ka but if you do not plead
guilty you cannot yet go out because the maximum of the sentence is 12, you still have to
wait upto 12 walay human-human ang kaso then that’s the time that you can go out. That’s
the reason why it can be credited, that’s why its not yet the punishment.
Commitment to minors to institution, you’ll know later on in your 2nd year that
under the juvenile justice law that minors who violate the law would actually have to be
committed to a facility. Its not a jail facility but it’s a facility similar to the operations to give
chance. Their commitment to that facility to undergo different programs is not considered
a penalty so, even if they are there, they will just undergo program. So it makes no sense
for senators to lower the age of majority that would only mean that imo na silang, that
would place the minors now in jail, instead of placing them in an operations facility. So even
if you will not increase the age or decrease the age of criminal liability, you still have to
commit them, the only problem is that there are no facilities and that’s the reason why the
social worker cannot round up the children because where will they place the children?
Suspension of employment is also not a penalty. Have you heard of the term
“Preventive Suspension”? so if a, most especially if a public official will commit a crime he
will be preventively suspended. The preventive suspension is not for the purpose of the
punishment, the purpose of the suspension is that he/she will not use the influence of the
office in order to get favors from the jugdes. And then we have administrative punishment,
there are fines that are not imposed by the court, they are imposed by government
profession or to regulate the privilege. Like for example, nag motor ka nya wala kay helmet
– there is a penalty but the penalty is administrative fine, you have to pay it with the LTO.
The LTO is not a court, it cannot impose a penalty, it ca only impose an administrative fine.
It will not make you a criminal because that is not a criminal case, there is a fine. Or for
example, DENR – you are doing some environmental violations and the violation is not
found in a penal law, it is found in an administrative order, you will be made to pay an
administrative fine, you will not pe technically penalized. The amount you pay is not a
penalty. And then deprivation of rights and repriation (wala ko kasabot lol).
So penalties are classified, I think we already mentioned this, are classified
according tot heir gravity or according to their criminal nature. So it can be capital, which
is death, which has already been abolished. We have afflictive, which is ranging from 6
years and 1 day to reclusion perpetua or Correcionnal – 6 months and 1 day up to 6 years.
And then light. These are the classifications. Now there can also be divisible and indivisible
penalties. When we were talking about modifying circumstances, when we talked about
mitigating/aggravating, we said that penalties can be divided into periods in which case we
call them divisible, if they are not we call them indivisible. And then penalties as well can
consist of deprivation of freedom such as priso, incarceration or detention that’s
deprivation of his liberty. It can also be, not total deprivation but merely restriction in the
case of destierro. So reclusion perpetua has a duration, it does not meant to say that
because it has a duration that it is divisible. It still remains to be an indivisible penalty but it
has a duration and the duration is 20 yrs and 1 day to 40 yrs. So therefor if the punishment
is RP that means that, inig abot sa 20 yrs and 1 day you are already qualified for parole
because you have already served the minimum of the duration but if you are not qualified
kay maldito kayo ka sangatanan, You will never be in prison for more than 40 yrs because
that’s the maximum. That is true even if you have 2,3,4, or 5 RP. For purposes of preventive
imprisonment, what is preventive imsonment? You have case still on trial, which has not
yet been finished, for 30 yrs walay human human, inig abot sa 30 th years, you can now get
out because the purpose of preventive imprisonment, RP cannot exceed 30 yrs. The
maximum is 40 yrs, 40 yrs is only the maximum if you have more that 1 RP. So purposes of
parole, RP is 30 yrs. RP still remains to be indivisible, therefore it cannot be divided into
periods and therefore, ordinary aggravating/mitigating circumstances will have no effect.
There will be no such thing as reclusion perpetua min, med and max, no such thing. It still
remains indivisible. There is another similar penalty like imprisonment, what’s the
difference? They are different, because RP has a duration of 20 yrs and 1 day – 40, life
imprisonment has no duration. But for the purposes of application for parole, both are
computed at 30 yrs, mao na na siyay maximum kung mu parole ka. Now, RP is a penalty
that is imposed under the RPC, lately even special penal laws also adopt this penalty. It is
not anymore exclusive for RPC, not anymore exclusive for felonies. And under the RPC, later
on we will find out that kaning principal penalties, such as RP, aside from the principal
penalties naan a siyay pakapin, which is what we call accessory penalties. So of the court
says, “ah juan, your sentenced to RP, it does not mean only that you go to jail for 30 yrs it
also means that you cannot run forpublic office, you cannot vote anymore, you cannot
exercise parental authority over your children, you cannot probably manage a business.
Why? Because these are accessory penalties, these go together with the main penalty,
pakapin ba bonus. But in life imprisonment, there are no accessory penalties, only in RP.
Destierro is a correctional penalty it is a divisible, and duration is similar to that prsion
correccional.
Preventive imprisonment is that time when a person is in jail but he is not
punished, the one that I mentioned earlier. They are in jail but they are presumed to be
innocent. Its not considered penalty. Civil interdiction could be an accessory penalty, for
example RP, civil interdiction is an accessory penalty. In civil interdiction the person will
lose parental authority or guardianship, will lose control/management over his property or
that of his ward, he will even lose marital authority but does not mean to say that the
marriage will be severed, but he cannot enter into contracts in behalf of the family. Now
Article 23 says that, Pardon by the offended party will not erase criminal liability but pardon
by the president, which is also known as executive clemency, presidential pardon, like what
happened to Erap when he was pardoned by GMA, that erased criminal liability. But pardon
by the victim will not erase criminal liability. So there are 2 concepts of pardon, pardon by
the offended party and pardon by the president. And how would they differ? These are the
distinctions: presidential pardon can refer to any crime whereas pardon to offended party
can only refer to private crimes, what are private crimes? There are crimes that cannot be
instituted unless initiated by the victim and there are only 6 of them, and the keyword
would be CASAA D. Now it used to be CASARA, what is the R in CASARA? CASAA means,
concubinage, adultery, seduction, abduction and acts of lasciviousness. The R was for rape,
because before rape was not a crime against persons, it was a crime against chastity but
when it was reclassified with the enactment of RA 8383, it was reclassified as a crime
against persons, and it has become a public crime. Concubinage, adultery cannot be filed
except at the instance of the offended spouse, even the parents or the children cannot file.
Seduction, abduction and acts of lasciviousness, these can only be filed by the victim
herself, the police cannot file it by themselves. And then there’s a D, D refers to defamation,
but the defamation should refer to CASAA, not all defamation are private crimes. So if maria
would say “ah ikaw juana you’re kawatan, nangawat kag manok”, or something like that
no, that is defamation but that is not a private crime. Why? Because the defamation does
not refer to CASAA. So when is defamation considered a private crime? It must pertain to
CASAA, example “ikaw maria kabit ni juan” that will already impute concubinage, therefore
it is considered as private crime. The police cannot file it, it must be juana. Ok? so the
pardon in a private crime, the pardon by the offended party will erase the criminal liability
but if it is not a private crime for example, juan killed pedro – the wife of pedro, maria
forgave juan, maria said “juan I will pardon you” does that mean that no case can be filed
anymore? No. because that kind of pardon will not extinguish criminal liability because the
crime is not a private crime. So if the police say that “ahh we have enough evidence that
you are the killer, we have CCTV and witnesses and so on. We will still file a case against
you” but the wife will say “but I will pardon him” but you are not the people of the PH. So
the case will still go on. Presidential pardon does not affect the civil liability, it will only
affect the criminal liability. On the other hand, pardon by the private offended party will
probably extinguish the civil liability not the other way around. So, the effect is baliktad
because in presidential there is still civil. So, for example, juan murdered pedro and then
the president said “I will pardon juan” that will not mean that juan will not anymore pay.
So in the case of Erap, that was plunder, there was at least 50M ill gotten wealth. Even if
GMA pardoned Erap, that will not mean to say that he will no longer pay. In the case of
Erap, he has to return to the government the Boracay mansion. Even if you are pardoned it
will not erase civil liability. Presidential pardon can only be extended after conviction but
pardon by the offended party must be given before the institution of criminal action. Why?
Because after the institution of criminal action it will have no effect anymore, the case will
continue regardless. In presidential pardon, it may be extended to any convict. In adultery
or concubinage both parties should be pardoned. So if the pardon is not for both parties,
the case will still go, it should be for both. It is possible that the husband would say “ahh
maluoy ka, I will sustento and everything” so the wife would probably say “ah sige, I will
withdraw the case against you” she cannot do that. If she withdraws one of the parties, the
whole case will collapse. Because this is the kind of case wherein both parties must be
included, both. What if one of the parties or accused has already died? That is the only
instance where you can have only one party in adultery or concubinage. Presidential pardon
may be absolute or conditional.
We will go now to pecuniary liabilities. What are pecuniary liabilities? These are
liabilities which are in the form of money. So in a criminal case, it is possible that the person
will not go to jail but he is ordered to pay a fine instead or even if a person goes to jail, or
made to pay a fine he is still made to pay other amount. This could be in a form of reparation
or indemnification or cost but cost don’t go to the party, it will go to the court. So
reparation, how does reparation differ from indemnification? When we say reparation, lets
say for example, juan stole the cellphone, a Samsung cellphone. Reparation means you
have to restore, give back the cellphone or if you will not be able to give back the cellphone
then you will have to pay for the cellphone, whatever is the cost. Then we have
indemnification, this are damages to pay not for the value of the thing, this are paid for
whatever injury or inconvenience that have resulted, that the victims suffered. For
example, Juan killed pedro so the wife of pedro is maria, now maria would be entitled to
damages worth 70k or more so if the victim dies, the EARS (heirs) of the victim will get a
compensation that is indemnification. The difference between the two is that reparation
refers to property whereas indemnification refers to damages or moral damages or actual
damages not necessarily for the property. Any questions?
Then we will go to subsidiary penalty, a person who cannot pay a penalty of fine.
So if the person cannot pay a penalty of fine, he will go to jail. Under the old law, the
conversion rate is P8, which means to say that if the fine is P800 and you cannot pay P800
under the old law, you will go to jail for 100 days. In 2012, this was changed, its not anymore
P8 per day, imung isa ka adlaw will be equivalent to the highest minimum range in the
whole country. So even if you were convicted in san juan and the minimum wage is P250
for example your P800 will not be 3 days because the basis will not be the minimum wage
of the place where you are in prison but rather the highest minimum wage of the whole
country. So where is the highest minimum wage? Probably in Makati. So which means that
for everyday P550.

Articles 47, 63 (2), 74, 81-85 are all repealed, why? Because this pertains to death
penalty and death penalty has already been abolished. Ergo all these articles are already
repealed. Tomorrow we will take up article 46 and then we will go to complex crimes.