1PenaltiesProf. Ildefonso R.

JimenezUP College of Law

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General principles of penalties

Constitutional principles Art. 21 Nulla poena sine lege Art. 22 Retroactivity Art. 23 Effect of pardon Proportionality

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Measures not considered penalties - Art. 24

Preventive detention Detention for medical causes Rehabilitation of minors Preventive suspension from public office Administrative fines and penalties Civil law deprivation of rights and

reparations

1. People who are detained while undergoing Criminal trials.Not a criminal penalty but procedural.

2. E.G. Ebola, contracting any other medical reason

3. Part of administrative procedure to rehabilitate E.G. Boys time

4.

5. E.G. fine for late renewal of drivers license

6. Civil interdiction

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Imposable penalties Table I

1.Principal prescribed for the offense2.Accessory attached to principal

penalty3.Subsidiary in lieu of principal penalty

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Principal penalties Art. 25

Death penalty Death penalty Afflictive penalties Afflictive penalties Correctional penaltiesCorrectional penalties Light penaltiesLight penalties Variable penaltiesVariable penalties

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Death penalty legal environment

Sec. 19, Art. III, Constitution RA 7659 (Heinous crimes) RA 8177 (Lethal Injection) RA 9346 (Abolition of death penalty

and repeal of RA 8177)

1. Exclusive list as found in art. 25; if not in the list, the Courtmay not impose it (E.G. whipping at the post, etc.)

5. Variable Penalties - Fine. Depending on the offense is the amount

The Philippines has not abolished the death penalty.

Up to Congress to revive the death penalty; death penalty is not being imposed - suspended

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Afflictive penalties Reclusion perpetua Art. 27, 41 Reclusion temporal Art. 27, 41 Perpetual or temporary

absolute disqualification Art 30 Perpetual or temporary special

disqualification Art. 31, 32 Prision mayor Art. 27, 42

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Correctional penalties Prision correccional Art. 27 Arresto mayor Art. 27 Suspension Art. 33

public office right to vote and be voted for profession or calling

Destierro

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Light penalties Arresto menor Art. 27 Public censure

2. admonish the accused in open court

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Variable penalties Art. 25

Fines Art. 26 Afflictive - More than P6000 Correctional - P200 P6000 Light - Less than P200

Bond to keep the peace Art. 27, 35

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Accessory penalties Art. 40-45

1. Perpetual or temporary absolute disqualification

2. Perpetual or temporary special disqualification

3. Suspension a. Public officeb. Suffragec. Profession

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Accessory penalties

4. Civil interdiction Art. 345. Indemnification - civil liability6. Forfeiture or confiscation of the

instruments and proceeds of the offense Art. 45

7. Payment of costs Art. 37

2. Bond to keep the peace imposed for felonies of threats I.E.I WILL KILL YOUMonetary disincentive for a person from committing the felony whichthe bond attaches to

1. absolute = disqualification for all

2. special = specific (i.e. disqualification from office, professional work, etc.)

5a.Civil interdiction for duration of sentence

b.PAD

12 years & 1 day to 20 yearsReclusion temporal

a. Deprivation of office, employment, profession, or calling affected

b. Disqualification from similar offices or employments

For lifePerpetual special disqualification (PSD)

a. Deprivation of public office, even if by election

b. Deprivation of right to vote & be voted for

c. Disqualification from public office held

d. Loss of retirement rights

For lifePerpetual absolute disqualification (PAD)

a.Civil interdiction for lifeb.PAD

20 years & 1 day to 40 years (Indivisible)Reclusion perpetua

a. PADb. Civil interdiction 30 yrs

from sentence

Death, when not executed due to pardon or

commutation

IndivisibleDeath

AccessoriesEffectsDurationPenalty

AccessoriesEffectsDurationPenalty

a.Public officeb.Profession or callingc.Suffrage

6 months & 1 dayto 6 yearsSuspension

a.Suspension from public office

b.Suspension from profession or calling

c.PSD of suffrage, if penalty exceeds 18 mos.

6 months & 1 dayto 6 yearsPrision correccional

a. Deprivation of office, employment, profession, or calling affected

b. Disqualification from similar offices or employments

6 years & 1 dayto 12 years

Temporary special disqualification

(TSD)

a.Deprivation of public office, even if by election

b.Deprivation of right to vote & be voted for during sentence

c.Disqualification from public office held during sentence

d.Loss of retirement rights

6 years & 1 dayto 12 years

Temporary absolute disqualification

(TAD)

a.TADb.PSD of suffrage

6 years & 1 dayto 12 yearsPrision mayor

AccessoriesEffectsDurationPenalty

Prohibition to enter w/in 25-250 km radius from the designated place

6 months & 1 dayto 6 yearsDestierro

Public censure

As determined by the courtBond to keep the peace

Deprive offender of:a. Parental authorityb. Guardianshipc. Marital authorityd. Right to manage & to

dispose of property inter vivos

Civil interdiction

Suspension of right to hold office and right of suffrage

1 day to 30 daysArresto menor

Suspension of right to hold office and right of suffrage

1 month & 1 day to 6 monthsArresto mayor

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Subsidiary penalty Art. 39 If unable to pay the fine, impose

one(1) day imprisonment for every P8 fine

Pay fine if financial circumstances improve

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Rules for subsidiary imprisonment

Higher than prision correccional - None Prision correccional or arresto - Not more

than: 1/3 of sentence 1 year

Fine only Grave or less grave felony - cannot exceed 6

months Light felony cannot exceed 15 days

No imprisonment but w/ fixed duration, same deprivation for the above periods

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Gradation of felonies Art. 9

Grave felony capital or afflictive penalty

Less grave felony correctional penalty

Light felony light penalty Punishable only when consummated,

except if against persons or property (Art. 7)

Only principals & accomplices liable

7Application & computation of penalties

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Application & computation of penalties

General rules In case of excessive penalties, impose

penalty but recommend reduction, commutation, or other action by the President (Art. 5)

Nulla poena sine lege (Art.21) Penalty is individual Penalty must be definite

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General rules (contd)

Art. 46 - penalty prescribed by RPC is for the principal in a consummated felony

Art. 73 principal penalty includes accessory

Art. 74 penalty higher than Rec. Perp. Art. 76 periods of divisible penalties Art. 77 periods if penalty is 3 distinct

penalties or other forms

1. Starting point of for calculation of penalties

4. Indivisible penalty: Death, Reclusion Perpetua, Censure

2.

3.

4.1 rules on indivisible penalties will still apply to reclusion perpetuadespite clear period provided by law (20 years and 1 day to 40 years)

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Specific rules

When death penalty not imposed - Art. 47 Minor offenders Persons over 70 at the time of sentencing Lack of majority vote in SC Application of Art. 74

Instead, impose reclusion perpetua

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Specific rules (contd)

Art. 49 crime different from that intended Either crime committed more grave than

crime intended or crime intended more grave than crime committed

Impose penalty for lesser felony in its maximum period, except if lesser felony constitutes an attempt or frustration of another felony

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Specific rules (Contd.)

Art. 58 Accessories (Art. 19 par. 3) who act w/ abuse of public office Grave Absolute perpetual disqualification Less grave Absolute temp. disqualification

1.4. death penalty cannot be imposed if the law does not providefor it

1. only applies in error in personae

Disqualification referred here is principal

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Specific rules (Contd.)

Impossible crime Art. 59Arresto mayor or fine P200-P500 Depending upon social danger & degree

of criminality

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ART 71Graduated penalties Table II

SCALE 1 Death Reclusion perpetua Reclusion temporal Prision mayor Prision correccional Arresto mayor Destierro Arresto menor Public censure Fine

SCALE 2 Perpetual absolute

disqualification Temporary absolute

disqualification Suspension Public censure Fine

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2 ways of graduating penalties

1. By degreesz Stage of commissionz Extent of participationz Privileged mitigating circumstancesz Qualifying circumstancesz ISL

2. By periodsz Ordinary mitigating/aggravating

circumstances

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Arts. 46, 50-57, & 60-61 Extent of participation and stage of commission

Consummated Frustrated AttemptedPrincipal 0 1 2

Accomplice 1 2 3

Accessory 2 3 4

0 = imposable penalty

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Art. 61 Rules for graduating penalties

1. Imposable penalty is single & indivisible 1 lower is penalty immediately following

in the same scale

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SCALE 19Death9Reclusion Perpetua

Reclusion TemporalPrision MayorPrision CorreccionalArresto MayorDestierroArresto Menor

9Public Censure Fine

SCALE 29Perpetual absolute

disqualification Temporary absolute

disqualificationSuspension

9Public censure Fine

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Graduating penalties Art. 61

2. Imposable penalty is composed of: 2 indivisible penalties OR 1 or more divisible penalties, imposed to

their full extent 1 lower is penalty following the lesser

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SCALE 1DeathReclusion PerpetuaReclusion TemporalPrision MayorPrision CorreccionalArresto MayorDestierroArresto MenorPublic CensureFine

SCALE 2Perpetual absolute

disqualificationTemporary absolute

disqualificationSuspensionPublic censureFine

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Graduating penalties Art. 61

3. Max. of divisible & 1 or 2 indivisible 1 lower is medium & minimum of the

divisible penalty & maximum of that immediately following

Ex. Reclusion temporal maximum to Death or Recl. Temp. max to Recl.

Perp.1 lower = PM max. to RT medium

2.1 Reclusion perpetau to death : murder

2.2 if full extent, 1 degree lower is the next type (e.g. reclusion temporal ->reclusion mayor

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Death Reclusion Perpetua Reclusion Temporal Max. Reclusion Temporal Med. Reclusion Temporal Min. Prision Mayor Max. Prision Mayor Med. Prision Mayor Min.

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Graduating penalties Art. 61

Several periods of different divisible penalties, 1 lower is period immediately following & next two periods

Ex. PM max. to RT medium1 lower = PC max. to PM med.

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Reclusion Temporal Max. Reclusion Temporal Med. Reclusion Temporal Min. Prision Mayor Max. Prision Mayor Med. Prision Mayor Min. Prision Correccional Max. Prision Correccional Med. Prision Correccional Min. Arresto Mayor Max. Arresto Mayor Med. Arresto Mayor Min. Destierro Max. Destierro Med. Destierro Min. Arresto Menor Max. Arresto Menor Med. Arresto Menor Min.

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Graduating penalties Art. 61

Penalty different from above rules, apply by analogy

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Effect of mitigating, aggravating, & qualifying circumstances Art.62

Not aggravating if inherent or separate crime

Circumstances that are personal, or arise from relationship or moral attributes affect only the offender concerned

Circumstances consisting in the material execution or means employed affect

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Effect of mitigating, aggravating, & qualifying circumstances Art.62

If advantage be taken of public position or if member of syndicate, maximum penalty regardless of mitigating circumstances

Qualifying aggravating under Sec. 25, RA 9165 - ???

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Art. 63 - Effect of mitigating & aggravating if indivisible penalties

Single regardless of mitigating or aggravating circumstances

Two1. Mitigating only lower penalty2. Aggravating only higher penalty3. No circumstances lower penalty4. Both offset, then apply Par. 1-3

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Art. 64 Effect of mitigating & aggravating if divisible penalty

1. No circumstances medium period2. 1 mitigating minimum period3. 2 or more mitigating 1 degree lower4. Aggravating only, regardless of number

maximum period5. Both offset, then apply Par. 1-4

Note: NA to negligence Art. 365, par. 5

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Indeterminate Sentence Law (RA 4103)

RPC Maximum - consider attendant circumstances Minimum - w/in the range of the penalty 1

lower than the penalty prescribed by RPC Special laws

Maximum & minimum within the limits of the penalty prescribed by the law

purpose is to accelerate rehabilitation

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Penalty for Homicide Felony committed

Maximum Frustrated - 1 lower 1 Mitigating

Minimum period Minimum

1 lower

Ind. sentence

RT -12 yrs1d 20yrs Frustrated homicide,

1 mitigating circ.

PM 6yrs,1d-12yrs 6yrs,1d-8yrs

PC 6mos,1d-6yrs

Min 6mos,1d-6yrs Max 6yrs,1d-8yrs

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Disqualifications from ISL Conviction for offense punishable by death or

life imprisonment Conviction for treason, conspiracy & proposal to

commit treason, misprision of treason, rebellion, sedition, espionage, piracy

Habitual delinquents Those who have escaped confinement or

evaded service of sentence Violators of conditional pardon Maximum term of imprisonment does not exceed

one year

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Rules for graduating fines

Adjust up or down by of maximum w/o changing the minimum Art. 75

Consider the wealth or means of the offender, more than the mitigating or aggravating circumstances Art. 66

habitual delinquents, violators of conditional pardon, escapee, are beyond or does not deserve accelerate rehabilitation

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46

Graduating fines

Imposable fine is P100 to P1,000 1 higher = P100 to P1,250 1 lower = P100 to P750 2 lower = P100 to P500

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Habitual delinquent Art. 62

Multi-recidivism w/in 10 years from date of release or last

conviction of serious or less serious physical injuries, robbery, theft, estafa or falsification, he is found guilty of any of said crimes a 3rd time or oftener

Penalty for last offense committed PLUS: PC med-max 3rd; PM min-med for 4th; PM max-RT min for 5th & subsequent convictions , BUT not exceeding 30 years

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Art. 48 Complex crimes

Impose penalty for the most serious offense

In its maximum period

All habitual delinquents are recividists

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Art. 67 Incomplete exempting circumstance of accident

Grave felony arresto mayor maximum to prision correccional minimum

Less grave felony arresto mayorminimum and medium

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Minor offenders

Upon conviction, suspend sentence & turn over to social worker for disposition measures (RA 9344); Rule on Juveniles in Conflict with the Law (A.M. No. 02-1-18-SC)

If rehabilitated, social worker can recommend dismissal of case

If proven incorrigible, return minor to court for execution of sentence

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Incorrigible minors

RPC 12-15 yrs old impose penalty at least 2

lower 15-18 - 1 lower

RA 9344 - ???

Discrepancy created by RA 9344

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Execution & Service of Penalties

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Art. 78 Execution of penalties, in general

By virtue of final judgment In the form and circumstances provided by law Rules of penal institutions re: work to be performed relations of convicts among themselves and with

others relief which they may receive diet correction and reform separation of sexes

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Art. 79 Suspension due to insanity

Execution of sentence suspended if convict becomes insane after final judgment

Sentence executed upon regaining sanity, unless penalty has prescribed

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Death penalty

By lethal injection RA 8177 Executed with preference over any other

penalty - Art. 81 Execution w/in 12 18 months from finality of

judgment, w/o prejudice to clemency Court to set a working day, but not the hour,

for the execution Convict not notified of date until after sunrise

of said day; execution after at least 8 hrs from notification but before sunset of the

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Suspension of death penalty Pregnant woman & w/in 1 year after

delivery (Art. 83) Person over 70 sentence commuted

(Art. 83) Insane or imbecile Art. 79

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Art. 70 Service of penalties

Simultaneous service, if nature of penalties permit

Successive service Use scale under Art. 70

Convict not notified of date until after sunrise of said day; executionat least 8 hrs from notification, but before sunset of the same day

Served on descending order of confinement

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Successive Service Table III Death Reclusion Perpetua Reclusion temporal Prision mayor Prision correccional Arresto mayor Arresto menor Destierro Perpetual absolute disqualification Temporary absolute disqualification Suspension Public censure

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Art. 70 Successive service

Serve sentences in the order of severity, beginning with the most severe

Maximum period of imprisonment3x the most severe penaltyBUT not more than 40 years

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Place of execution Recl. perpetua to Arresto mayor Art. 86

Administrative Code or other law New Bilibid Prison Davao penal colony Iwahig penal colony

Arresto menor Art. 88 Local jail Defendants house, under supervision, for health

or other good reasons as determined by the Court

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61

Destierro - Art. 87 25 250 km radius

from place designated by the court

250 km25 kmPlace of commission

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Computation of duration - Art. 28

If in prison begins from the date judgment becomes final

If not in prison begins from the day he is placed at the disposal of judicial authorities

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Preventive imprisonment - Art. 29

Full credit, provided he agrees to disciplinary rules of prison

4/5 credit, if he does not agree to rules of prison

No credit Recidivists or convicted previously twice or

more of any crime Did not surrender voluntarily for service of

sentence

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Suspension of sentence Insanity or imbecility Art. 79 Minority RA 9344 Probation PD 968, as amended

Promote rehabilitation & reintegration Based on character, antecedents,

environment, mental & physical condition of offender

Availability of institutional and community services

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Disqualification from probation

Maximum sentence exceeds 6 years Conviction for crime against national

security or public order Previous conviction by final judgment for

offense punished by arresto mayor or higher or fine of not less than P200

Previous probation

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Period of probation

Sentence of imprisonment does not exceed one year probation of not more than two years

All other cases not more than 6 years Fine only, & offender is required to serve

subsidiary imprisonment not less than nor more than twice the total days of subsidiary imprisonment

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67

Conditions of probation

1.Regularly report to his probation officer (PO)

2.Meet family responsibilities3.Be employed; change w/ approval of PO4.Undergo physical, psychological or

psychiatric exam &/or treatment; confinement

5.Study or undergo vocational training

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Conditions of probation (contd)

6. Refrain from visiting houses of ill-repute7. Abstain from excessive drinking8. Visitation by PO or social worker at home

or work9. Cannot change residence w/o PO

approval

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Procedure for probation

File application with the court w/in period to appeal; appeal deemed waived

Conditions may be modified by court upon application of probationer or PO

Re-arrest upon substantial violation; revoke, modify, or continue probation after hearing

Upon revocation, serve sentence Terminated by order of final discharge

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Extinction of criminal liability

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Total extinction of criminal liability Art.

891. Death2. Service of sentence3. Amnesty4. Absolute pardon5. Marriage under Art. 344 and 266-C6. Prescription of the crime7. Prescription of the penalty

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Prescription of crimes Art. 90

Reclusion temporal to Death - 20 years Correctional penalty - 10 years Arresto mayor - 5 years Libel - 1 year Slander - 6 months Light offenses - 2 months

Criminal Liablility can be partly or totally extinguished. For total, death; partly, partial pardon

Lapse of a certain period of time after which rights of the state lapse.The length of time for prescription to run depends upon the penalty ofthe crime i.e. penalty imposable of the law

What prescribes is the right of the state to prosecute an offender.

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73

Computation of prescription of crimes -

Art. 91 Starts from discovery of the crime by -

offended party authorities their agents People vs. Desierto

Is interrupted - by filing of complaint or information when accused is abroad

Runs again upon termination of proceedings - without conviction or acquittal for any reason not imputable to the accused

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Prescription of penalties - Art. 92

Death and Recl. perpetua 20 years Other afflictive penalties 15 years Correctional penalties 10 years Arresto mayor 5 years Light penalties 1 year

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Computation of prescription of

penalties - Art. 93 Starts from day of evasion of service Is interrupted if the defendant:

Surrenders Is captured Goes to a country without extradition Commits another crime

Restarts upon his escape or travel to an extraditable country

People v Desierto: 20 years ran from 1979, while the allegationsor the crime was known then, it was known by a criminal governmentand therefore no reasonable expectation that the state can exercise itsright to prosecute criminal offender.

When the penalty has prescribed, it is based on the actual penaltyimposed upon the offender.

Limited period of time for state to execute the sentence.

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Partial extinction -Art. 94

1. Conditional pardon Art. 95 and 159 Upon violation, prision correccional

unless if penalty remitted higher than 6 years, then serve the unexpired sentence

2. Commutation of sentence Art. 96

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Partial extinction -Art. 94 (contd.)

3. Allowance for good conduct Art. 97 1-2 years 5 days/month of good

behavior 3-5 years 8 days/month 6-10 years 10 days/month 11th year onwards 15 days/month

4. Allowance for loyalty Art. 98 1/5 of sentence

Civil Liability

Eligible for parol

Returnee prisoner after calamity

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Art. 104 - Civil liability includes:

Restitution return the thing itself, even if in possession of 3rd person, except if recovery barred by law (Art. 105)

Reparation value to be fixed by court (Art. 106)

Indemnification damages to victim & his family or 3rd person (Art. 107)

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Damages

People vs. Torres Qual. Rape, P75,000 People vs. Paraiso Rape w/ Homicide

P100,000 People vs. Panado lost earnings formula

2/3 (80 age at time of death) x (Gross Annual Income Annual Living Expenses)

People vs. Pajotal exceptions to proof of damages

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Who incurs civil liability?

Art. 100 - General ruleEvery person criminally liable is

also civilly liable.

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82

Art. 101 - Rules for justified and exempted

persons

Art. 11, par.4 Persons benefited Art. 12, pars. 1,2, & 3 Parent or

guardian, except if without fault If none or insolvent, offender himself

Art. 12, par. 5 & 6 Person who used violence or caused fear If none, offender himself

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Subsidiary civil liability

Employers, for servants Art. 103 Teachers, for pupils Art. 103 Those engaged in industry, for employees

performing duties Art. 103 Innkeepers - Art. 102

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Innkeepers For crime committed within establishment

With violation of municipal ordinance or police regulation committed by them or their employees

For robbery or theft against guests Provided

innkeeper notified of deposit of goods Guest followed instructions for safekeeping

Except for robbery w/ violence or intimidation not by him or his employees

Principal individual liable does not have enough property to satisfy civil liability

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85

Rules for civil liability

If two or more crimes, in the order of judgment dates Art. 72

If two or more persons liable, Court will determine proportion Art. 109

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Rules for civil liability

If principals, accomplices & accessories liable: Solidary liability within their class Subsidiary liability for the other classes

In the order of greatest liability With right to reimbursement in either case

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Extinction & survival of civil liability

Heirs of offender liable Art. 108 Heirs of victim entitled Art. 108 Extinguished as obligations under Civil

Code Art. 112 Liable even after service, amnesty,

pardon, or commutation (Art. 113) or discharge of minor (Sec. 39, RA 9344)

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Questions?