Article 70

Question 1

Title of Art. 70 of the RPC

Answer 1

Successive service of sentences

Question 2

Outline of the provisions of Art. 70 of the RPC (3)

Answer 2

1. When the culprit has to serve two or more penalties, he shall serve them simultaneously IF the nature of the penalties will so permit
2. Otherwise, the order of their respective severity shall be followed
3. Maximum period to not be greater than the three-fold rule or 40 years

Question 3

The respective severity of the penalties under Art. 70 of the RPC (12)

Answer 3

1. Death
2. Reclusion Perpetua
3. Reclusion Temporal
4. Prision Mayor
5. Prision correccional
6. Arresto mayor
7. Arresto menor
8. Destierro
9. Perpetual Absolute Disqualification
10. Temporary absolute disqualification
11. Suspension from public office, the right to vote and be voted for, the right to follow profession or calling
12. Public censure

Question 4

The penalties which can be simultaneously served (10

Answer 4

1. Perpetual absolute disqualification
2. • special disqualification
3. Temporary absolute disqualification
4. • special disqualification
5. Suspension
6. Destierro
7. Public censure
8. Fine and bond to keep the peace
9. Civil interdiction
10. Confiscation and payment of costs
    The above penalties, except destierro, can be served simultaneously with imprisonment

Question 5

What is the three-fold rule?

Answer 5

The maximum duration of the convict’s sentence shall not be more than three times the length of time corresponding to the most severe of the penalties imposed upon him

Question 6

Does the imposition of three-fold maximum penalty under Art. 70 preclude subsidiary imprisonment for the failure to pay a fine?

Answer 6

No, it does not. Subsidiary imprisonment may still be imposed in addition to the maximum of the three-fold rule

Question 7

The different systems of penalty (3)

Answer 7

1. Material accumulation system
2. Juridical accumulation system
3. Absorption system

Question 8

What do you mean by the material accumulation system?

Answer 8

There is no limit as to the penalties imposed

Question 9

What do you mean by the juridical accumulation system?

Answer 9

The service of the several penalties imposed is limited to not more than the three-fold rule and in no case to exceed 40 years

Question 10

What do you mean by the absorption system?

Answer 10

The lesser penalties are absorbed by the graver penalties

Question 11

Which paragraphs of Art. 70 of the RPC follow the material accumulation system

Answer 11

Paragraphs 1, 2 and 3

Question 12

Which paragraphs of Art. 70 of the RPC follow the juridical accumulation system

Answer 12

Paragraphs 4, 5, and 6

Question 13

Where is the absorption system observed?

Answer 13

In the imposition of the penalty for complex crimes, continuing crimes, and special complex crimes (composite crimes)