Criminal Penalties: Degrees and Application

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Questions and Answers

If a crime's penalty includes one indivisible penalty and the maximum period of a divisible penalty, what comprises the penalty next lower in degree?

The medium and maximum periods of the proper divisible penalty and the minimum period of the penalty immediately following in the graduated scale.

The minimum and medium periods of the proper divisible penalty and the maximum period of the penalty immediately following in the graduated scale. (correct)

The minimum period of the proper divisible penalty and the maximum period of the same divisible penalty.

The maximum period of the proper divisible penalty and the minimum and medium periods of the penalty immediately preceding in the graduated scale.

Given a scenario where the prescribed penalty is Reclusion Perpetua, what constitutes the 'penalty next lower in degree'?

Reclusion Temporal in its medium period. (correct)

Reclusion Temporal in its minimum period.

Prision Mayor in its medium period.

Prision Mayor in its maximum period.

If a crime carries a penalty of two indivisible penalties and the maximum period of a divisible penalty, what makes up the penalty next lower in degree?

The maximum period of the proper divisible penalty and the minimum period of the immediately following penalty.

The minimum period of the proper divisible penalty and the maximum period of the directly preceding penalty.

The medium and minimum periods of the proper divisible penalty, plus the maximum period of the penalty immediately following in the graduated scale. (correct)

The entire range (minimum to maximum) of the proper divisible penalty.

If a crime is punishable by Death and Reclusion Perpetua, what is the penalty next lower in degree?

Reclusion Temporal in its maximum period. (B) Signup and view all the answers

If an individual is convicted of homicide and the court appreciates one mitigating circumstance, according to the rules for applying penalties, in which period should the penalty of reclusion temporal be applied?

Minimum period (D) Signup and view all the answers

When a crime's penalty is composed of several periods corresponding to different divisible penalties, how is the 'penalty next lower in degree' determined?

It is composed of the period immediately following the minimum prescribed and the two next following, taken from the penalty prescribed, if possible. (A) Signup and view all the answers

A defendant is found guilty of slight illegal detention with the aggravating circumstance of using disguise. However, the court acknowledges voluntary surrender, a voluntary confession and acting out of passion as mitigating circumstances. According to the provision on offsetting circumstances, what is the correct application of the penalty?

The penalty may not be reduced by one degree because of the presence of an aggravating circumstance; apply the offset rule. (A) Signup and view all the answers

If the prescribed penalty for a crime is Reclusion Temporal, and applying Article 61 of the RPC to determine the penalty next lower in degree involves several periods, where should the periods be taken from?

Predominantly from Reclusion Temporal itself, and only from the penalty immediately following if necessary. (D) Signup and view all the answers

In a scenario where an accused, a recidivist, is convicted of slight illegal detention with the aggravating circumstances of using disguise, weakening the victim’s defense, and showing obvious ingratitude, what is the limit to the penalty that can be imposed?

The maximum period of the prescribed penalty, regardless of the number of aggravating circumstances. (C) Signup and view all the answers

Consider a situation where a crime is punishable by Reclusion Perpetua. Following the rules for graduating penalties, what is the crucial first step in determining the penalty immediately lower in degree?

Identifying the penalty directly preceding Reclusion Perpetua in the scale. (B) Signup and view all the answers

Article 76 of the Revised Penal Code (RPC) expressly provides the range of periods for certain penalties. Which of the following penalties is NOT explicitly covered under Article 76 for its period ranges?

Fine (D) Signup and view all the answers

A certain crime's penalty is composed of distinct divisible penalties. To determine the 'penalty next lower in degree' as per Article 61, what principle dictates the selection of periods from the graduated scale?

Periods are initially taken from the prescribed penalty, and only from the subsequent penalty if necessary. (D) Signup and view all the answers

A person is found guilty of homicide, and the court appreciates the mitigating circumstance of confession. The prescribed penalty is reclusion temporal. According to Article 76 of the Revised Penal Code (RPC), what is the range of the minimum period of reclusion temporal?

12 years and 1 day to 14 years and 8 months (D) Signup and view all the answers

If a court needs to determine the extent of a penalty within a specific period, what factors should it consider according to the rules for application of penalties?

The number and nature of aggravating and mitigating circumstances, as well as the extent of the evil produced by the crime. (D) Signup and view all the answers

In the context of applying penalties with three periods, what is the primary function of Article 76 of the Revised Penal Code (RPC)?

To expressly fix the range of periods for certain specific penalties. (D) Signup and view all the answers

What is the appropriate penalty for homicide and what rule dictates which specific range to apply?

Reclusion Temporal, dictated by Article 64 (B) Signup and view all the answers

In a scenario where an offender, who is a minor, commits an act punishable by life imprisonment under RA 9165, how does Section 98 modify the penalty?

It changes the penalty to reclusion perpetua to death. (C) Signup and view all the answers

When can the privileged mitigating circumstance of minority be considered in fixing a penalty under RA 9165?

When the law adopts the technical nomenclature of penalties provided in the Revised Penal Code. (C) Signup and view all the answers

If the Revised Penal Code's technical nomenclature of penalties is adopted, and the privileged mitigating circumstance of minority is present, how should the penalty be adjusted from reclusion perpetua?

It should be one degree lower, which is reclusion temporal. (B) Signup and view all the answers

Under what condition does the Indeterminate Sentence Law (ISLAW) become applicable when the original penalty is reclusion perpetua to death?

When the penalty is changed to a divisible penalty due to the presence of a privileged mitigating circumstance. (D) Signup and view all the answers

If a special law like RA No. 6325 (hijacking) does not adopt the technical nomenclature of penalties in the Revised Penal Code (RPC), what is the implication?

The RPC's penalties will not apply, and the penalties in the special law govern. (A) Signup and view all the answers

When can the mitigating circumstance of confession be appreciated if the penalty is not borrowed from the Revised Penal Code (RPC)?

Never, because the penalty must be borrowed from the RPC for mitigating circumstances to apply. (D) Signup and view all the answers

What is the effect on the stages of a crime (attempted, frustrated) when the penalty is not borrowed from the Revised Penal Code (RPC)?

The crime has no attempted or frustrated stage because the penalty cannot be graduated one or two degrees lower. (D) Signup and view all the answers

Under Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act), when can the mitigating circumstance of old age be appreciated?

When the accused is over 70 years old at the time of the commission of the crime. (C) Signup and view all the answers

Which of the following statements accurately describes the method for determining the duration of the minimum, medium, and maximum periods of penalties with three periods?

Divide the difference between the maximum and minimum limits of the penalty by three, and add this quotient to the start of the minimum period to find subsequent periods. (A) Signup and view all the answers

What is the purpose of adding one day to the lower limit of the medium period and the upper limit of the minimum period when calculating the duration of penalties?

To clearly distinguish between the periods and avoid overlap in the duration of each period. (B) Signup and view all the answers

Using the method described, what is duration of the minimum period of prision mayor?

6 years and 1 day to 8 years (B) Signup and view all the answers

A judge needs to sentence an individual to prision mayor, and wants to apply the minimum period. What is the range of imprisonment the judge can impose?

A term within the range of 6 years and 1 day to 8 years. (B) Signup and view all the answers

Why is arresto mayor an exception concerning the calculation of minimum, medium, and maximum periods?

Because the time included in the minimum period is shorter than the medium and maximum periods. (A) Signup and view all the answers

If the total duration of a certain penalty is from 4 years and 1 day to 10 years, what would be the duration of its medium period?

6 years and 1 day to 8 years (C) Signup and view all the answers

In cases where a penalty has three periods, and the law mandates the application of the maximum period, what part of the total possible duration does the judge consider?

Only the last third of the duration, corresponding to the maximum period. (B) Signup and view all the answers

A person is found guilty of a crime punishable by prision correccional, which ranges from 6 months and 1 day to 6 years. If the judge determines the medium period is appropriate, what range of imprisonment applies?

2 years and 8 months and 1 day to 4 years and 4 months. (B) Signup and view all the answers

In the context of RA No. 3019, why is the mitigating circumstance of old age not necessarily considered?

The law does not adhere to the RPC's technical definitions of penalties. (B) Signup and view all the answers

What is the primary flaw in assigning an indeterminate sentence with a range for both the minimum and maximum penalties, according to the ISLAW's objective?

It complicates determining the convict's eligibility for parole by making the sentence indefinite. (A) Signup and view all the answers

In People vs. Fontanilla, what was the error in the trial court's sentencing regarding reclusion perpetua and death?

The trial court imposed both reclusion perpetua and death as a single penalty. (D) Signup and view all the answers

How does Article 64 of the RPC guide the application of penalties when modifying circumstances are present?

It allows for the penalty to be applied within its proper period, considering the modifying circumstances. (B) Signup and view all the answers

According to the content, what is the penalty prescribed for bigamy under Article 349 of the RPC?

Prision mayor. (C) Signup and view all the answers

In the absence of any modifying circumstances for a bigamy charge, within what range should prision mayor be applied according to Article 64 of the RPC?

8 years and 1 day to 10 years. (D) Signup and view all the answers

When applying the ISLAW to a charge of bigamy, what is the range of the minimum indeterminate sentence, if the base penalty is prision mayor?

Prision correccional, which is 6 months and 1 day to 6 years. (A) Signup and view all the answers

If the base penalty for a crime is prision mayor, what is the penalty 'next lower' for the purpose of determining the minimum term under the Indeterminate Sentence Law (ISLAW)?

Prision correccional. (C) Signup and view all the answers

In Lasanas vs. People, what is the significance of the indeterminate sentence imposed by the court?

It requires the offender to serve a minimum sentence before being eligible for parole, promoting rehabilitation. (D) Signup and view all the answers

In Ladines vs. People, why did the court find the original penalty for homicide to be incorrect?

Because the court imposed the highest penalty within the medium period of reclusion temporal without proper justification. (A) Signup and view all the answers

In Ladines vs. People, how did ISLAW influence the final penalty imposed for homicide?

It allowed for a shift in the penalties to prision mayor as the minimum and reclusion temporal as the maximum. (D) Signup and view all the answers

In Ladines vs. People, if the court finds no aggravating or mitigating circumstances, what is the most appropriate penalty to impose?

The lowest penalty of the medium period of reclusion temporal. (B) Signup and view all the answers

In Diagle vs. Cruz, what is the initial penalty prescribed if the stolen amount is more than P1,200,000.00 but less than P2,200,000.00?

Prision mayor in its minimum and medium periods. (A) Signup and view all the answers

In Diagle vs. Cruz, if the value of the stolen item exceeds P2,200,000.00, what is added to the maximum period of prision mayor?

One year for each P1,000,000.00 exceeding the threshold. (A) Signup and view all the answers

In Diagle vs. Cruz, given that US$100,000.00 was stolen, equivalent to P4,900,000.00, which base penalty applies before any additional calculation?

Prision mayor in its minimum and medium periods, corresponding to amounts exceeding P2,200,000.00. (D) Signup and view all the answers

Based on Diagle vs. Cruz, what is the next step after determining the base penalty for a theft exceeding P2,200,000.00?

Add one year to the maximum period of the base penalty for every P1,000,000.00 exceeding P2,200,000.00. (C) Signup and view all the answers

Flashcards

Indivisible Penalty

A penalty that cannot be divided into lesser terms.

Divisible Penalty

A penalty that can be broken into different periods.