[LMGCRIM] Computation of Penalties and Indeterminate Sentence Law - Prof. Ramon Esguerra

Penalties

The consequences or punishments imposed by law for committing a crime.

Indeterminate Sentence Law

A law that allows for the imposition of a minimum and maximum term of imprisonment, giving the possibility of parole or early release.

Revised Penal Code (RPC)

The main criminal code in the Philippines that defines and classifies crimes and their corresponding penalties.

Nullum Crimen Nulla Poena Sine Lege

Latin phrase meaning "no crime, no punishment without law," emphasizing the principle that a person cannot be punished for an act that was not a crime at the time it was committed.

Principal Penalties

Penalties that are expressly specified in the judgment of conviction.

Accessory Penalties

Penalties that are deemed included in the principal penalty and do not have to be expressly specified in the judgment of conviction.

Capital Penalty

The death penalty.

Afflictive Penalties

Penalties that include reclusion perpetua, reclusion temporal, perpetual or temporary absolute disqualification, perpetual or temporary special disqualification, and prision mayor.

Correctional Penalties

Penalties that include prision correccional, arresto mayor, suspension, and destierro.

Light Penalties

Penalties that include arresto menor and public censure.

Penalties Common to Afflictive, Correctional, and Light Penalties

Penalties that include fine and bond to keep the peace.

Grave Felonies

Felonies to which the law attaches the capital punishment or penalties that are afflictive.

Less Grave Felonies

Felonies that are punished with penalties that are correctional in their maximum period.

Light Felonies

Infractions of law for which a penalty of arrest menor or a fine not exceeding a certain amount is provided.

Indivisible Penalties

Penalties that have no fixed duration and cannot be divided into periods, such as death, reclusion perpetua, perpetual absolute or special disqualification, and public censure.

Divisible Penalties

Penalties that have a fixed duration and can be divided into three periods, such as reclusion temporal, temporary special disqualification, prision mayor, prision correccional, arresto mayor, suspension, destierro, and arresto menor.

Accessory Penalties

Penalties that are deemed included in the imposition of principal penalties, such as perpetual or temporary absolute disqualification, perpetual or temporary special disqualification, suspension from public office, civil interdiction, indemnification, forfeiture or confiscation of instruments and proceeds of the offense, and payment of costs1. Order of Severity:The order in which penalties are imposed based on their respective severity, determining the sequence of execution.

Successive service of sentence

When a culprit has to serve multiple penalties, they are served simultaneously if possible, otherwise, they are served in the order of their severity.

Reclusion perpetua

A penalty of imprisonment for a period of 20 years and 1 day to 40 years.

Reclusion temporal

A penalty of imprisonment for a period of 12 years and 1 day to 20 years.

Prision mayor

A penalty of imprisonment for a period of 6 years and 1 day to 12 years.

Prision correccional

A penalty of imprisonment for a period of 6 months and 1 day to 6 years.

Arresto mayor

A penalty of imprisonment for a period of 1 month and 1 day to 6 months.

Arresto menor

A penalty of imprisonment for a period of 1 day to 30 days.

Destierro

A penalty of banishment from a specific place or locality.

Perpetual absolute disqualification

A penalty that permanently disqualifies a person from holding public office.

Temporal absolute disqualification

A penalty that temporarily disqualifies a person from holding public office.

Suspension from public office

A penalty that temporarily suspends a person from holding public office.

Right to vote and be voted for

The right to participate in elections as a voter and as a candidate.

Right to follow a profession or calling

The right to pursue a chosen profession or occupation.

Public censure

A penalty that publicly condemns or criticizes a person's actions.

Three-fold Rule

The maximum duration of a convict's sentence shall not exceed three times the length of the most severe penalty imposed, with a maximum period of 40 years.

Preventive Imprisonment

The period of imprisonment served by a person while awaiting trial or final judgment.

Good Conduct Allowance

A deduction from the total imprisonment term based on the good conduct and behavior of the convict.

Board of Pardons and Paroles (BJMP)

The government board responsible for granting pardons and paroles to eligible convicts.

People v

A court case involving the interpretation of the penalty of re1. Graduating Penalties:The process of determining the appropriate penalty for a crime based on its severity and the circumstances involved.

RPC

Refers to the Revised Penal Code, a legal document that contains the laws and regulations related to criminal offenses in a particular jurisdiction.

Indivisible Penalty

A penalty that cannot be divided into smaller parts or periods.

Divisible Penalty

A penalty that can be divided into different periods or durations.

Reclusion Perpetua

A penalty that refers to imprisonment for a period of 20 years and 1 day to 40 years.

Reclusion Temporal

A penalty that refers to imprisonment for a period of 12 years and 1 day to 20 years.

Prision Mayor

A penalty that refers to imprisonment for a period of 6 years and 1 day to 12 years.

Prision Correccional

A penalty that refers to imprisonment for a period of 6 months and 1 day to 6 years.

Death Penalty

A penalty that refers to the punishment of death for certain crimes.

Penalty next lower in degree

Refers to the penalty that is less severe than the one prescribed for a particular crime.

Penalty to be imposed

Refers to the penalty that will be given or enforced for a particular crime.

Principal

Refers to the main perpetrator or offender of a crime.

Accomplice

Refers to a person who assists or participates in the commission of a crime.

Accessory

Refers to a person who aids or abets the principal offender in the commission of a crime.

Frustrated Felony

Refers to a crime where the offender has performed all the acts of execution but the intended result did not occur.

Attempted Crime

Refers to a crime where the offender has commenced the execution of the crime but did not complete it.

Analogy

Refers to the process of applying similar principles or rules to a situation that is not specifically provided for in the law.

Mitigating Circumstances

Factors or conditions that lessen the severity or culpability of a crime.

Aggravating Circumstances

Factors or conditions that increase the severity or culpability of a crime.

Habitual Delinquency

Refers to the repeated commission of crimes by an individual, indicating a pattern of criminal behavior.1. Organized/syndicated crime group:A group of two or more persons collaborating, confederating or mutually helping one another for purposes of gain in the commission of any crime.

Maximum penalty

The highest punishment that can be imposed for a particular offense.

Reclusion Temporal Medium Minimum

The specific penalty to be imposed for the offense of robbery committed by members of a syndicated crime group who voluntarily surrendered and confessed.

Aggravating circumstance

A circumstance inherent in the crime that must accompany its commission and can increase the liability of the offender.

Mitigating circumstance

A circumstance that arises from the moral attributes of the offender, his private relations with the offended party, or any other personal cause, which can lessen the liability of the offender.

Habitual delinquency

The condition of being convicted of a crime multiple times within a period of ten years, resulting in additional penalties for subsequent convictions.

Prision mayor in its minimum and medium periods

The specific penalty to be imposed for a fourth conviction of a habitual delinquent.

Prision mayor in its maximum period to reclusion temporal in its minimum period

The specific penalty to be imposed for a fifth or additional conviction of a habitual delinquent.

Quasi-recidivism

Committing a felony after having been convicted by final judgment, before beginning to serve the sentence or while serving the same, resulting in the imposition of the maximum period of the penalty for the new felony.

Imposition of fines

The act of determining the amount of fines to be imposed, taking into consideration the mitigating and aggravating circumstances, as well as the wealth or means of the culprit.

Penalty for Incomplete Accident

The penalty to be imposed when the conditions required to exempt from criminal liability are not present, depending on whether the offense is a grave felony or a less grave felony.

Penalty for a Minor

The penalty to be imposed on an offender who is over 9 years but under 15 years of age and acts with discernment, which is lower by 2 degrees than that prescribed by law for the crime committed.1. Penalty to be imposed upon a Minor:The penalty that should be imposed on a minor offender, taking into account mitigating circumstances such as age.

Reclusion Temporal

A specific term for a certain range of imprisonment as prescribed by law.

Privileged mitigating circumstance of minority

A circumstance that reduces the penalty for a minor offender due to their age.

Penalty to be imposed when the crime committed is not wholly excusable

The penalty that should be imposed when the crime committed is not completely justifiable or excusable.

Incomplete self-defense

A privileged mitigating circumstance where the offender acted in self-defense but did not fully meet the requirements for a complete defense.

Additional Penalty to be imposed upon Public Officers who are guilty as Accessories

The additional penalty that public officers who are accessories to a crime may face if they abuse their public functions.

Absolute perpetual disqualification

A penalty that permanently disqualifies a person from holding public office.

Absolute temporary disqualification

A penalty that temporarily disqualifies a person from holding public office.

Arresto Mayor

A specific term for a certain range of imprisonment as prescribed by law.

Diagram of Application of Articles 50 to 57

A visual representation of how the penalties are applied to principals, accomplices, and accessories based on the degree of the offense.

Principals

The main perpetrators or individuals directly involved in the commission of a crime.

Accomplices

Individuals who assist or participate in the commission of a crime but are not the main perpetrators.

Consummated

A crime that has been fully completed.

Frustrated

A crime that was not fully completed due to external factors.

Attempted

A crime that was not completed due to the offender's failure to accomplish it.

Prision Correccional

A specific term for a certain range of imprisonment as prescribed by law.1. Reclusion Temporal:A penalty prescribed for Homicide under Article 249 of the RPC.

Consummated

The stage reached by a crime in its development where the criminal act is successfully completed.

Frustrated

The stage reached by a crime in its development where the criminal act is not completed due to external factors.

Attempted

The stage reached by a crime in its development where the criminal act is initiated but not successfully completed.

Accessories

Individuals who aid, abet, or participate in the commission of a crime.

Prision Correccional

A penalty lower by two degrees than that prescribed by law for the consummated felony, imposed upon the accessories to the commission of a consummated felony.

Arresto Mayor

A penalty lower by two degrees than that prescribed by law for the frustrated felony, imposed upon the accessories to the commission of a frustrated felony.

Arresto Menor

A penalty lower by two degrees than that prescribed by law for the attempted felony, imposed upon the accessories to the attempt to commit a felony.

Exceptions

Cases where the rules under Articles 50 to 57 do not apply, such as when the law expressly prescribes a penalty for a frustrated or attempted felony, or for accomplices or accessories.

Parricide

The act of killing one's parent, child, or other close relative.

Murder

The unlawful killing of another person with malice aforethought.

Reclusion Perpetua

A penalty of imprisonment for a period of 20 years and one day to 40 years.

Prision Mayor

A penalty of imprisonment for a period of 6 years and one day to 12 years.

Prision Correccional

A penalty of imprisonment for a period of 6 months and one day to 6 years.

Arresto Mayor

A penalty of imprisonment for a period of 1 month and one day to 6 months.

Arresto Menor

A penalty of imprisonment for a period of 1 day to 30 days.

Subsidiary Imprisonment

A personal liability imposed on a convict who cannot pay a fine, where they serve a certain number of days in prison in lieu of the fine.

Indivisible Penalties

Penalties that cannot be divided into periods or fractions, and must be served in full.1. Indivisible penalties:Penalties that cannot be divided into smaller parts or durations.

Aggravating circumstance

A factor that increases the severity of a crime or the penalty imposed.

Mitigating circumstance

A factor that lessens the severity of a crime or the penalty imposed.