Article 25

Question 1

Under Art. 25 of the RPC, these are the Principal Penalties: (5)

Answer 1

1. Capital Punishment
2. Afflictive Penalties
3. Correctional Penalties
4. Light Penalties
5. Penalties common to the three preceding classes

Question 2

What is the capital punishment under Art. 25 of the RPC?

Answer 2

Death

Question 3

What are afflictive penalties under Art. 25 of the RPC? (5)

Answer 3

1. Reclusion perpetua
2. Reclusion temporal
3. Perpetual or temporary ABSOLUTE disqualification
4. Perpetual or temporary SPECIAL disqualification
5. Prision Mayor

Question 4

What are correctional penalties under Art. 25 of the RPC? (4)

Answer 4

1. Prision correcional
2. Arresto Mayor
3. Suspension
4. Destierro

Question 5

What are light penalties under Art. 25 of the RPC? (2)

Answer 5

1. Arresto Menor
2. Public Censure

Question 6

What are penalties common to the afflictive, correctional, and light penalties under Art. 25 of the RPC? (2)

Answer 6

1. Fine
2. Bond to keep the peace

Question 7

Under Art. 25 of the RPC, these are the Accessory Penalties (7)

Answer 7

1. Perpetual or temporary absolute disqualification
2. Perpetual or temporary special disqualification
3. Suspension from public office, the right to vote and be voted for, the profession or calling
4. Civil interdiction
5. Indeminification
6. Forefeiture or confiscation of instruments and proceeds of the offense
7. Payment of cost

Question 8

Is a sentence of “five years in Bilibid”, a valid sentence?

Answer 8

No

Question 9

Is penalty of hard labor valid?

Answer 9

No

Question 10

Is penalty of cadena perpetua valid?

Answer 10

No

Question 11

Is life imprisionment and reclusion perpetua the same?

Answer 11

No

Question 12

Differentiate life imprisonment and reclusion perpetua (3)

Answer 12

1. Life imprisonment is imposed by special law while Reclusion Perpetua is imposed by the Revised Penal Code
2. Life imprisonment does not appear to have any definite extent or duration, while Reclusion Perpetua entails imprisonment for 40 years or 30 years if the accused had undergone preventive imprisonment
3. Reclusion perpetua carries accessory penalties while life imprisonment does not

Question 13

What are principal penalties?

Answer 13

Those expressly imposed by the court in the judgement or conviction

Question 14

What are accessory penalties?

Answer 14

Those that are deemed included in the imposition of the principal penalties

Question 15

Two classes of penalties according to divisibility (2)

Answer 15

1. Divisible
2. Indivisible

Question 16

What are indivisible penalties

Answer 16

Those which have no fixed duration

Question 17

The indivisible penalties (4)

Answer 17

1. Death
2. Reclusion Perpetua
3. Perpetual absolute or special disqualification
4. Public censure

Question 18

What are divisible penalties

Answer 18

Those that have fixed duration and are divisible into three periods

Question 19

Classifications of penalties according to subject-matter (5)

Answer 19

1. Corporal (death)
2. Deprivation of freedom (reclusion,prision, arresto)
3. Restriction of freedom (destierro)
4. Deprivation of rights (disqualification and suspension)
5. Pecuniary (fine)

Question 20

Classification of penalties according to their gravity (4)

Answer 20

1. Capital
2. Afflictive
3. Correctional
4. Light

Question 21

Is public censure a penalty?

Answer 21

Yes

Question 22

Is there a law that prescribes what a judge may and may not say?

Answer 22

No

Question 23

These penalties may either be principal or accessory penalties (3)

Answer 23

1. Perpetual or temporary absolute disqualification
2. Perpetual or temporary special disqualification
3. Suspension