crim 1 reviewer art 95-99

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Art. 95. Obligation incurred by person granted conditional pardon. — Any person who has been granted conditional pardon shall incur the obligation of complying strictly with the conditions imposed therein otherwise, his non- compliance with any of the conditions specified shall result in the revocation of the pardon and the provisions of Article 159 shall be applied to him. Condition of pardon is limited to unserved portion of the sentence, unless an intention to extend it beyond the time is manifest Art. 96. Effect of commutation of sentence. — The commutation of the original sentence for another of a different length and nature shall have the legal effect of substituting the latter in the place of the former. Art. 97. Allowance for good conduct. — The good conduct of any prisoner in any penal institution shall entitle him to the following deductions from the period of his sentence: 1. During the first two years of his imprisonment, he shall be allowed a deduction of five days for each month of good behavior; 2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of eight days for each month of good behavior; 3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of ten days for each month of good behavior; and 4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of fifteen days for each month of good behavior. Allowance for good conduct not applicable when prisoner released under conditional pardon. Good conduct time allowance is given in consideration of good conduct of prisoner while he is serving sentence. Allowances for Good conduct per year Years Allowance First 2 years 5 days per month of good behavior 3 rd to 5 th years 8 days per month of good behavior Following years up to 10 th year 10 days per month of good behavior 11 th year and successive years 15 days per month of good behavior Art. 98. Special time allowance for loyalty. — A deduction of one-fifth of the period of his sentence shall be granted to any prisoner who, having evaded the service of his sentence under the circumstances mentioned in article 58 of this Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe to in said article. Special time allowance for loyalty of prisoners: The article applies only to prisoners who escaped deduction of 1/5 of the period of sentence of prisoner who having evaded the service of his sentence during the calamity or catastrophe mentioned in Art 158, gives himself up to the authorities w/in 48 hrs ff the issuance of the proclamation by the President announcing the passing away of the calamity or catastrophe deduction based on the original sentence and not on the unexpired portion Art 158 provides for increased penalties:

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crim law art 95 - 99

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  • Art. 95. Obligation incurred by person granted conditional

    pardon. Any person who has been granted conditional pardon shall incur the

    obligation of complying strictly with the conditions imposed therein otherwise, his non-

    compliance with any of the conditions specified shall result in the revocation of the

    pardon and the provisions of Article 159 shall be applied to him.

    Condition of pardon is limited to unserved portion of the sentence, unless an intention to

    extend it beyond the time is manifest

    Art. 96. Effect of commutation of sentence. The commutation of the original

    sentence for another of a different length and nature shall have the legal effect of

    substituting the latter in the place of the former.

    Art. 97. Allowance for good conduct. The good conduct of any prisoner in any

    penal institution shall entitle him to the following deductions from the period of his

    sentence:

    1. During the first two years of his imprisonment, he shall be allowed a deduction of

    five days for each month of good behavior;

    2. During the third to the fifth year, inclusive, of his imprisonment, he shall be

    allowed a deduction of eight days for each month of good behavior;

    3. During the following years until the tenth year, inclusive, of his imprisonment, he

    shall be allowed a deduction of ten days for each month of good behavior; and

    4. During the eleventh and successive years of his imprisonment, he shall be

    allowed a deduction of fifteen days for each month of good behavior.

    Allowance for good conduct not applicable when prisoner released under conditional

    pardon.

    Good conduct time allowance is given in consideration of good conduct of prisoner while

    he is serving sentence.

    Allowances for Good conduct per year

    Years Allowance

    First 2 years 5 days per month of good behavior 3rd to 5th years 8 days per month of good behavior Following years up to 10th year 10 days per month of good behavior 11th year and successive years 15 days per month of good behavior

    Art. 98. Special time allowance for loyalty. A deduction of one-fifth of the

    period of his sentence shall be granted to any prisoner who, having evaded the service of

    his sentence under the circumstances mentioned in article 58 of this Code, gives himself

    up to the authorities within 48 hours following the issuance of a proclamation

    announcing the passing away of the calamity or catastrophe to in said article.

    Special time allowance for loyalty of prisoners:

    The article applies only to prisoners who escaped

    deduction of 1/5 of the period of sentence of prisoner who having evaded the

    service of his sentence during the calamity or catastrophe mentioned in Art 158,

    gives himself up to the authorities w/in 48 hrs ff the issuance of the proclamation

    by the President announcing the passing away of the calamity or catastrophe

    deduction based on the original sentence and not on the unexpired portion

    Art 158 provides for increased penalties:

  • - a convict who has evaded the service of his sentence by leaving the penal institution on the

    occasion of disorder resulting from conflagration, earthquake or similar catastrophe or during

    mutiny in which he did not participate is liable to an increased penalty (1/5 of the time still

    remaining to be served not to exceed 6 months), if he fails to give himself up to the

    authorities w/in 48 hrs ff the issuance of a proclamation by the President announcing the

    passing away of the calamity.

    Art. 99. Who grants time allowances. Whenever lawfully justified, the Director

    of Prisons shall grant allowances for good conduct. Such allowances once granted shall

    not be revoked.

    a) authority to grant time allowance for good conduct is exclusively vested in the Dir (e.g.

    provincial warden cannot usurp Directors authority)

    b) it is not an automatic right and once granted, cannot be revoked by him

    CIVIL LIABILITY

    2 classes:

    a) social injury produced by disturbance and alarm w/c are the outcome of the offense

    b) personal injury caused by the victim who may have suffered damage, either to his person,

    property, honor or chastity