[CRIM] Penalties

What are the four kinds of principal penalties, according to nature

1. Capital punishment

2. Afflictive

3. Correctional

4. Light

What penalties are common to all four kinds of principal penalties classified by nature

1. Fine

2. Bond to keep the peace

List the specific principal penalties under capital punishment

• Death

List the specific principal penalties under afflictive penalties

1. Reclusion perpetua

2. Reclusion temporal

3. Perpetual or temporary absolute disqualification

4. Perpetual or temporary special disqualification

5. Prision mayor

List the specific principal penalties under correctional penalties

1. Prision correccional

2. Arresto mayor

3. Suspension

4. Destierro

List the specific principal penalties under light penalties

1. Arresto menor

2. Public censure

List the accessory penalties

1. Perpetual or temporary absolute disqualification

2. Perpetual or temporary special disqualification

3. Suspension from

   1. Public office,

   2. Right to vote and be voted for

   3. Profession or calling

4. Civil interdiction

5. Indemnificaiton

6. Forfeiture or confiscation of instruments and proceeds of the offense

7. Payment of cost

Which law prohibited the death penalty

R.A. 9346

When was the death penalty banned

2006

What are the two kinds of principal penalties, according to divisibility

1. Divisible

2. Indivisible

Which penalties are indivisible

1. Death

2. Reclusion perpetua

3. Perpetual absolute or special disqualification

4. Public censure

What are the 5 kinds of principles, according to subject matter

1. Corporal

2. Deprivation of freedom

3. Restriction of ffreedom

4. Deprivation of rights

5. Pecuniary

What specific penalty falls under corporal penalty

Death

What specific penalties falls under a “deprivation of freedom” penalty

• Reclusion

• Prision

• Arresto

What specific penalties falls under a “restriction of freedom” penalty

Destierro

What specific penalties falls under a “deprivation of rights” penalty

• Disqualification

• Suspension

What specific penalties falls under a pecuniary penalty

Fine

How are principal penalties classified according to their gravity

1. Grave felonies

2. Less grave felonies

3. Light feloneis

What is the legal basis for the classification of penalties according to their gravity

Article 9, RPC

What is the legal basis for the classification of penalties according to their nature

Article 25, RPC

What is the legal basis for the division of penalties to accessory and principal

Article 25, RPC

When is a fine considered an afflictive penalty

More than Php 1,200,000

When is a fine considered a correctional penalty

Php 40,000 to Php 1.2M

When is a fine considered a light penalty

Less than Php 40,000

Reclusion perpetua now has a range fo duration, per R.A. 7659. Is reclusion perpetua a divisible or indivisible penalty?

What is your legal basis

It’s still indivisible; specification of duration does not automatically reclassify it as a divisible penalty

People v. Gatward

What is the reckoning point for the graduation of penalties?

What is your legal basis

Reclusion perpetua

People v. Bon

What are the other penalties grouped with prision mayor in terms of period

• Absolute disqualification

• Special temporary disqualification

What are the other penalties grouped with prision correccional in terms of period

• Suspension

• Destierro

What is the interval for reclusion temporal

2 years, 8 months

What is the interval for prision mayor

1 year

What is the interval for prision correccional, absolute disqualification, special temporary disqualification

2 years

What is the interval for arresto mayor, suspension, and destierro

1 year, 10 months

For which penalty can you avail community service?

• Arresto menor

• Arresto mayor

How long should the period for community service be?

• Not more than the maximum of the penalty imposed; AND

• Not less than 1/3rd thereof

Which law governs the community service act?

R.A. 11362

Which provision of the RPC is community service inserted in?

Art. 88(a)

For traditional libel and online libel, are the penalties of fine and imprisonment separate, concurrent, or alternative?

What is your legal basis (case & provision)

They can be any of those three — up to the discretion of the court

People v. Soliman, Art. 355

If crimes (whether RPC or special laws) are committed using technology, what is the effect on the penalty imposed?

What is your legal basis?

Penalty imposed will be 1 degree higher than that provided for by the RPC

Sec. 6, R.A. 10175

What are penalties that do not have accessory penalties

• Death penalty

• Destierro

What are the accessory penalties for death?

• Perpetual absolute disqualifciation

• Civil interdiction

When are the accessory penalties for death applicable?

When the death penalty is not executed by reason of:

• Commutation

• OR pardon

What are the accessory penalties for reclusion perpetua and reclusion temporal?

• Civil interdiction

  • For life;

  • OR during the period of the sentence

  • As the case may be

• Perpetual absolute disqualification

  • Even if pardoned

  • Unless pardon explicitly states otherwise

What are the accessory penalties for prision mayor?

• Temporary absolute disqualification

• Perpetual special disqualification from the right of suffrage

  • Even if accused is pardoned from principal penalty

  • Unless pardon specifically states otherwise

What are the accessory penalties for prision correccional?

• Suspension

  • From public office

  • From right to follow a profession

• Perpetual special disqualification

  • From the right of suffrage

  • If imprisonment is more than 18 months

What are the accessory penalties for arresto?

• Suspension of/from

  • Right to hold office

  • Right of suffrage

What is the legal basis for the list of accessory penalties that go with death?

Art. 40

What is the legal basis for the list of accessory penalties that go with reclusion?

Art. 41

What is the legal basis for the list of accessory penalties that go with prision mayor?

Art. 42

What is the legal basis for the list of accessory penalties that go with prision correccional?

Art. 43

What is the legal basis for the list of accessory penalties that go with arresto?

Art. 44

What is Art. 45 of the RPC about?

Confiscation and forfeiture of the proceeds or instruments of the crime

Is life imprisonment listed in the RPC?

What is your legal basis

No

People v. Malaka

Which RPC provision talks about the death penalty?

Article 47, RPC

When is the death penalty not imposable?

• When the guilty person is below 18

• When the guilty person is above 70

• When a majority vote is not obtained upon appeal or automatic review by the Supreme Court

What happens when the death penalty is not imposed?

Penalty becomes reclusion perpetua