‘Atty. Roland Yerael R.Atiense (Ceiminal Law Review ‘THINGS YOU WANT TO KNOW ABOUT IMPOSITION OF PENALTIES BUT AFRAID TO ASK Prof. Roland Ysrael R. Atienza! Before the Courts can impose the proper penalties, there is a need to consider first the basic principles and legal concepts in penalties under the law, such as, classification of penalties and its duration, the application of mitigating! and aggravating? circumstances, and graduation of penalties, ‘among others, Itis necessary, as well, to consider the differerice between the prescribed penalty and the imposed or imposable penalty in view of the attending circumstances, including the impositions of indeterminate sentence under the law, whenever applicable. Prescribed penalty are those that are specifically provided by law as penalty for the crime committed. Imposed penalty, on the other hand, is the penalty imposed by the court after taking into consideration the circumstances of each case and applicable rules thereto, which should not be beyond the penalty prescribed. ‘Penalties under the Revised Penal Code* fenowinth® Penalties which may be imposed and their diferent classes are those included in the following: Principal penalties 1. Capital punishment ‘a. "Death, 2. Affictive penalties: Reclusion perpetua, ‘Reclusion temporal; Perpetual or temporary absolute disqualification, Perpetual or temporary special disqualification, Prision mayer. 3. Correctional penalties: ‘&. Prision correccional, b. Arresto mayor, ©. Suspension, @. Destierr. 4. Light penalties: ‘a. Arresto menor, >. Public censure. Penalties common to the three preceding classes: 1. Fine and; 2. Bond to keep the peace. Penalty of fine A fine, whether imposed as a single or as an alternative penalty shall be considered an afflictive penalty, if it exceeds 6,000 pesos; a correctional penalty, if it does not exceed 6,000 pesos but is not less than 200 pesos; and a light penalty if ess than 200 pesos’. Accessory penalties Perpetual or temporary abonutediqualicatin, Feet or emporny spec dewaieeon, Stopensioe fom pubic ace, the ight fo rote and be vied for, the profesion oc Civil interdiction, a Indemaitceton, Forfeitare or confiscation of instruments and prooeas ofthe olflense Payment of costs chad : Ai, REC Danie 14 PC 5 Republic Ac 4103, 5 anced te Indtemite Sete Law (Ceennal tow sevtew PagetAtty. Roland Yernel R. Atienza (Criminal Law Review 1 Duration’ and effects of penalties ‘Reclusion perpetua Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty (30) years, unless such person by reason of his conduct or some other serious ‘cause shall be considered by the Chief Executive as unworthy of pardon. (20 years + 1 day to 40, Years)7 ‘Reclusion temporal ‘The penalty of reclusion temporal shall'be from twelve years and one day to twenty years. (12 years + 1 day to 20 years) Priston mayor and temporary dlagualification ‘The duration of the penalties of prision mayor and temporary disqualification shall be from ste years and one day to twelve gears, except when the penalty of disqualification is imposed as an accessory penalty, in which case its duration shall be that of the principal penalty. (6 years +1 day to 12 years) Prision correccional, suspension, and destierro: ‘The duration of the penalties of prision correccional; suspension and desticrro shall be from six months and one day to six gears, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty. (6 y months +1 day to 6 years) Asresto mayor ‘The duration of the penalty: of arresto mayor shall be from one month and one day to six ‘months. (1 month to 1 day to 6 months) Arresto menor ‘The duration of the penalty of arresto menor shall be from one day to thirty days. (1 day to 30 days) Bond to keep the peace ‘The bond to keep the peace shall be required to cover such period of time as the court may determine’, ‘The proper imposition of penalties in view of attending Gireumstances”_ Mitigating or aggravating circumstances!0 and habitual delinquency!! shall be taken into account {for the purpose of diminishing or increasing the penalty in conformity with the following rules: 1 ‘Aggravating circumstances which in themselves constitute a crime punishable by law or which are included by the law in defining a crime and prescribing the penalty therefor shall not be ‘taken into account for the purpose of increasing the penalty. (Element of the crime) ‘The same rule shall apply with respect to any aggravating circumstance imherent in the crime to such a-degree that it must of necessity accompany the commission thereof. (inherent in the cerime) ‘Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private relations with the offended party, or from any other personal cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices and accessories as to ‘whom such circumstances are attendant. (Personal to the accused) The circumstances which consist in the material execution of the act, or in the means employed to accomplish it, shall serve to aggravate or mitigate the liability of those persons only who had Amowledge of them at the time of the execution of the act or their cooperation therein. (Only to those who has knowledge) Application of modifying circumstances 6 sete 78, RPC Ths amended by RA 7689, 8 Arle 3, RPC 9 Arle 2, RPC 10 Arie 1-14 REC ] Page2Atty. Roland Yoruol R. Atienza (Criminal Law Review ‘The court in order to determine the proper imposable penalty must first determine whether the penalty prescribed by law is divisible or indivisible. Divisible penalty: Divisible penalties are those that have fixed duration under the law'? or those that may be divided into three equal periods'?. Under the Revised Penal Code, there are generally four types of divisible penalty, namely: 1. Penalty with three (31 periods 2. Penalty composed of one (1) oF two (2) periods only, covered by Article 65; 3. Compl penalty or dune Seine ee 4. Penalty that does not have one of the forms provided under the RPC In cases in which the penalties. prescribed by law contain three periods, whether it be a single divisible penalty or composed of three different penalties, each one of which forms a period in accordance with the provisions of Articles 76 and 77, the court shall impose the penalty prescribed by law in its ‘medium period when there are neither aggravating nor mitigating circumstances. When only a mitigating circumstance is present in the commission of the act, they shall impose the penalty in its minimum period. When an aggravating circumstante is present in the contmission of the act, they shall impose the penalty in its maximum period. When both mitigating and aggravating circumstances are present, the court shall reasonably offset those of one élass against the other according to their relative weight. When there are two or more mitigating circumstances and no aggravating circumstances are present, the court ‘shall impose the penalty next lower to that prescribed by law, in the period that it may deem applicable, according to the number and nature of suéh circumstances. Whatever may be the number and nature of the aggravating circumstances, the courts:shall not impose a than that. Taw, in its maximum period. Within the limits of each period, the court shall determine the extent of the penalty according to the number and nature of the aggravating and mitigating circumstances and the greater and lesser extent of the evil produced by the erime. mapcereangtie ster Sema © mans | a ome | See a ee: ‘maximum (There is NO one {1} degree up)!" Penalty not composed of three periods: In cases in which the. tow is Lof Uuree periods, the courts shall apply the rules contained in the foregoing, . ‘of time included in the penalty prescribed, atid forming one period of each of the three portions. ‘The case of Candao vs. People where the SC cited the suggestion of Justice Lucas P. Bersamin to correct the maximum of the indeterminate sentence is best to illustrate this kind of penalty. Justice Bersamin explained the matter as follows: “The penalty of imprisonment prescribed for malversation when the amount involved exceeds 22,000.00 is reclusion temporalin its maximum. period to reclusion perpetua. Such penalty is not_composed of three periods. Pursant to Article 65. of the Revised Penal Code, when the penalty prescribed by law is not composed of three periods, the court shall apply the rules contained in the articles of the Revised Penal Code preceding Article 65, dividing into three equal portions of time included in the penalty. prescribed, and forming one period of each of the three Portions. Accordingly, reclusion being indivisible is at on niaxi ‘hile recksion temporal in its maximum period is divided into two to determine the medium and minimum periods of the penalty “Conformably with Article 65, therefore, the periods of reclusion temporal in its maximum period to rectusion perpetua are the following: “Minimum period - 17 years, 4 months, and 1 day to 18 years, § months; ‘Medium period - 18 years, 8 months, and 1 day to 20 years; ‘Maximum period - Reclusion perpetua” 12 Arle 76, RPC 13 Aviles PC 14 Article 76, RPC 15 Atle? pragragt REC 16 Arle 77,2 prego RPC 17 Ai 19, RPO 18 sos ‘Atty, Roland Yarael R.Atien=s (Criminal aw roview I