Article 26

Question 1

Title of Art. 26 of the RPC

Answer 1

Fine - When afflictive, correctional, or light penalty

Question 2

Can sentences be in the alternative?

Answer 2

No. While a judge has the discretion of fixing one or another penalty, he cannot impose both in the alternative. He must fix positively and with certainty the particular penalty

Question 3

Under Art. 90 of the RPC, what is the prescription period for light felonies?

Answer 3

Two months

Question 4

If the fine is prescribed by the law for a felony is exactly P40,000. Is it a light felony or a less grave felony?

Answer 4

It is a light felony because Art. 9, Par. 3, which defines light felony should prevail

Question 5

When are fines afflictive, correctional, or considered light penalty? (3)

Answer 5

1. Afflictive - over P1,200,000
2. Correctional - over P40,000 to P1,200,000
3. Light penalty - P40,000 and below
   Bond to keep the peace are of the same amounts