Penalties

Question 1

What are the different kinds of penalties according to their gravity?

Answer 1

(1) Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive.
(2) Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional; and
(3) Light felonies are those infractions of law for the commission of which a penalty of arresto menor or a fine not exceeding forty thousand pesos (P40,000) or both is provided.4

Question 2

What are the afflictive penalties under the Revised Penal Code?

Answer 2

(1) Reclusion perpetua

(2) Reclusion temporal;

(3) Perpetual or temporary absolute disqualification;

(4) Perpetual or temporary special disqualification; and

(5) Prision mayor.

Question 3

What are the correctional penalties under the Revised Penal Code?

Answer 3

(1) Prision correccional;
(2) Arresto mayor;
(3) Suspension; and.
(4) Destierro.

Question 4

What are the light penalties under the Revised Penal Code?

Answer 4

(1) Arresto menor; and
(2) Public censure.

Question 5

Distinguish principal penalties from accessory penalties:

Answer 5

Principal penalties are those prescribed by law or prescribed by the court while accessory penalties are those which are necessarily included in the imposition of principal penalties.

Question 6

What are the accessory penalties under the Revised Penal Code?

Answer 6

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. Indemnification;
6. Forfeiture or confiscation of instruments and proceeds of the offense; and
7. Payment of costs.

Question 7

What is the effect of the accessory penalty of civil interdiction?

Answer 7

Civil interdiction shall deprive the offender during the time of his sentence of the rights of:
- parental authority, or guardianship, either as to the person or property of any ward,
- of marital authority,
- of the right to manage his or her property and
- of the right to dispose of such property by any act or any conveyance inter vivos.

Question 8

What are the rules with respect to crediting the period of preventive imprisonment in the service of sentence?

Answer 8

Offenders who have undergone preventive imprisonment shall be credited in the service of their sentence consisting of deprivation of liberty, with the full time during which they have undergone preventive imprisonment, if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners.

If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment.

Question 9

Who are not entitled to avail of credit for their period of preventive imprisonment in the service of their sentence?

Answer 9

1. Recidivists;
2. Those who have been convicted previously twice or more
   times of any crime;
3. Those who have failed to surrender voluntarily after
   being summoned for the execution of their sentence;
4. Habitual delinquents;
5. Escapees;
6. Persons charged with heinous crimes; and
7. Quasi-recidivist

Question 10

When is an accused under preventive imprisonment released immediately before trial?

Answer 10

If preventive imprisonment = or exceeds the possible maximum imprisonment for the offense, he is released (trial continues).

Question 11

General rule on subsidiary imprisonment

Answer 11

If the convict cannot pay the fine, he/she shall be subject to subsidiary personal liability at the rate of one day for each amount equivalent to the highest minimum wage rate prevailing in the Philippines at the time the trial court rendered the judgment of conviction.

Penalty must not exceed prision correccional.

Subsidiary Imprisonment must be stated in the decision of the court.

There must be a finding by the court that one is insolvent

Question 12

Subsidiary imprisonment and prison correccional

Answer 12

• Subsidiary imprisonment shall not exceed one-third of the term of the sentence.
• It shall not continue for more than one year.
• Fractions or parts of a day are not counted against the prisoner.

Question 13

Subsidiary imprisonment and penalty of a fine

Answer 13

the subsidiary imprisonment shall not exceed:
o Six months if the offense is a grave or less grave felony.
o Fifteen days if the offense is a light felony.

Question 14

Subsidiary imprisonment and penalties higher than prision correccional

Answer 14

SI shall not be imposed

Question 15

Recognizance defined

Answer 15

Recognizance is a mode of securing the release of any person in custody or detention for the commission of an offense who is unable to post bail due to abject poverty. The court where the case of such person has been filed shall allow the release of the accused on recognizance as provided herein, to the custody of a qualified member of the barangay, city or municipality where the accused resides.

Question 16

When is community service proper?

Answer 16

The court in the discretion may, in lieu of service in jail, require that the penalties of arresto menor and arresto mayor may be served by the defendant by rendering community service in the place where the crime was committed, under such terms as the court shall determine, taking into consideration the gravity of offense and the circumstances of the case, which shall be under the supervision of a probation officer

Question 17

When is release on recognizance a matter of right?

Answer 17

The release on recognizance of any person in custody or detention for the commission of an offense is a matter of right when the offense is not punishable by death, reclusion perpetua, or life imprisonment: Provided, That the accused or any person on behalf of the accused files the application for such:

(a) Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities and Municipal Circuit Trial Court; and

(b) Before conviction by the Regional Trial Court: Provided, further, That a person in custody for a period equal to or more than the minimum of the principal penalty prescribed for the offense charged, without application of the Indeterminate Sentence Law, or any modifying circumstance, shall be released on the person’s recognizance.d

Question 18

Absolute vs conditional pardon

Answer 18

Absolute - exempt from principal penalties. May be exempt from accessory penalties if the pardon expressly so states

Conditional - exempt from principal penalties only.

Question 19

Probation’s effects on accessory penalties

Answer 19

Probation does not hold in abeyance those accessory penalties included with the principal penalties.

Question 20

Violation of accessory penalties

Answer 20

You may be penalized for another violation of the law.

Question 21

Penalty of destierro

Answer 21

Any person sentenced to destierro shall not be permitted to enter the place or places designated in the sentence, nor within the radius therein specified, which shall be not more than 250 and not less than 25 kilometers from the place designated.

This may be a principal or accessory circumstances.

Question 22

Is destierro a divisible penalty?

Answer 22

Yes. The court may give a period in which may be divided.

Question 23

Is public censure a penalty?

Answer 23

Yes. It is not synonymous with acquittal.

Question 24

Are fines a principal or accessory penalties

Answer 24

They may be either.

Question 25

Bond to keep the peace

Answer 25

It shall be the duty of any person sentenced to give bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the offense sought to be prevented, and that in case such offense be committed they will pay the amount determined by the court in its judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking. The court shall determine, according to its discretion, the period of duration of the bond. Should the person sentenced fail to give the bond as required he shall be detained for a period which shall in no case exceed six months, if he shall have been prosecuted for a grave or less grave felony, and shall not exceed thirty days, if for a light felony.

Question 26

Failure to adhere to bond to keep the peace?

Answer 26

Penalty is contempt.

Question 27

What are the rules for the application of penalties with respect to principals, accomplices, and accessories in a consummated felony?

Answer 27

The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony. The penalty next lower in degree than that prescribed by law for the consummated shall be imposed upon the accomplices in the commission of a consummated felony. The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the accessories to the commission of a consummated felony.

Question 28

What are instances when aggravating circumstances are not taken into account for the purpose of increasing the penalty?

Answer 28

1. Aggravating circumstances which in themselves constitute a crime specially punishable by law; 2. Aggravating circumstances which are included by the law in defining a crime and prescribing the penalty therefore; and 3. Aggravating circumstance inherent in the crime to such a degree that it must of necessity accompany the commission thereof. 4. Cases where the law prescribes a single indivisible penalty

Question 29

What is the rule for the application of penalties in cases in which the law prescribes a single indivisible penalty?

Answer 29

In all cases in which the law prescribes a single indivisible penalty, it shall be applied by the courts regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed. **XP**: Existence of PMC