COMPUTATION OF PENALTIES

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Questions and Answers

A person is sentenced to prision correccional and a fine. If they cannot pay the fine, what is the maximum subsidiary imprisonment they can serve?

Six months.
One-half of the original sentence term.
One year.
One-third of the original sentence term, not exceeding one year. (correct)

An individual is convicted of a light felony and the principal penalty is a fine. If they are unable to pay the fine, what is the maximum subsidiary imprisonment they might face?

Six months.
Fifteen days. (correct)
One month.
One year.

When the principal penalty is higher than prision correccional, what subsidiary imprisonment is imposed?

A subsidiary imprisonment of six months.
A subsidiary imprisonment equal to one-third of the original sentence.
No subsidiary imprisonment is imposed. (correct)
A subsidiary imprisonment of fifteen days.

A convict's financial situation improves after serving subsidiary personal liability due to initial insolvency. How does this affect their responsibility for the original fine?

The convict is still responsible for the fine. (B) Signup and view all the answers

In cases where the law prescribes a single indivisible penalty, how should the courts apply it, considering mitigating or aggravating circumstances?

The court must apply the penalty regardless of any mitigating or aggravating circumstances. (C) Signup and view all the answers

Under what condition, according to the guidelines, should the greater penalty be applied when a law prescribes two indivisible penalties?

When there is only one aggravating circumstance present. (A) Signup and view all the answers

What penalty is imposed for simple rape, according to Philippine Law, irrespective of mitigating or aggravating circumstances?

Reclusion Perpetua (A) Signup and view all the answers

When neither mitigating nor aggravating circumstances are present, which penalty is applied when the law prescribes two indivisible penalties?

The lesser penalty is applied. (C) Signup and view all the answers

If an individual is convicted of serious illegal detention and the trial court appreciates the aggravating circumstance of nighttime, which of the following is true regarding the penalty?

The greater penalty shall be applied. (B) Signup and view all the answers

In a scenario where the law prescribes two indivisible penalties, what condition necessitates the application of the greater penalty?

Presence of one aggravating circumstance. (C) Signup and view all the answers

If a person is convicted of parricide and no mitigating or aggravating circumstances are present, which penalty should be applied?

The lesser penalty. (B) Signup and view all the answers

When a crime carries two indivisible penalties and is committed without any aggravating or mitigating factors, what determines the penalty to be imposed?

The lesser of the two penalties. (A) Signup and view all the answers

Which rule applies when determining the penalty if an aggravating circumstance, such as nighttime, is present during the commission of a crime like serious illegal detention?

Apply the greater penalty. (C) Signup and view all the answers

If an individual is convicted of a crime, but a recognized mitigating circumstance is present, how should the penalty be applied?

The penalty should be imposed in its minimum period. (A) Signup and view all the answers

In a scenario where an individual is found guilty of a crime, and an aggravating circumstance is proven, how will the penalty be applied?

The penalty will be imposed in its maximum period. (C) Signup and view all the answers

A person is convicted of theft, and the court finds the crime was committed with abuse of authority, how will the penalty be determined?

The penalty is imposed in its maximum period. (A) Signup and view all the answers

A person is found guilty of assault, but voluntarily surrendered to the authorities shortly after. How will the penalty be determined?

The penalty is imposed in its minimum period. (C) Signup and view all the answers

When both mitigating and aggravating circumstances are present, what principle guides the court in determining the appropriate penalty?

The court should reasonably offset the circumstances according to their relative weight . (A) Signup and view all the answers

In a case with both mitigating and aggravating circumstances, if the mitigating circumstances significantly outweigh the aggravating ones, how might the penalty be affected?

The penalty shifts towards the minimum period. (A) Signup and view all the answers

If an individual commits a crime due to irresistible force (mitigating) but also demonstrates cruelty in its execution (aggravating), how should the court ideally balance these factors in sentencing?

Consider the relative weight of each to adjust the penalty appropriately. (A) Signup and view all the answers

Which statement best describes the court's approach when both mitigating and aggravating circumstances are present during sentencing?

The court impartially balances all circumstances based on their significance. (C) Signup and view all the answers

Under Article 59 (RPC), what are the two primary reasons an individual might receive a penalty for an impossible crime?

The intended act was inherently impossible, or the means used were entirely inadequate. (D) Signup and view all the answers

According to the provided excerpts regarding the application of Articles 50 to 57, which participant in a frustrated crime receives the same penalty as a principal in a consummated crime?

Accomplices (D) Signup and view all the answers

A person attempts to steal a painting from a museum, but unknowingly, the painting is a replica. If caught, according to the Revised Penal Code (RPC), what would the court consider when imposing a penalty?

The offender's intent and the potential social danger. (D) Signup and view all the answers

In the context of the diagram outlining the application of Articles 50 to 57, what does '0' represent concerning penalties?

Penalty prescribed by law for a consummated crime imposed on the principal. (A) Signup and view all the answers

In a scenario where an accused has two mitigating circumstances, how is the penalty typically adjusted?

The penalty is reduced by one degree, and the remaining mitigating circumstance leads to the penalty being applied in its minimum. (D) Signup and view all the answers

If an individual is convicted of a crime with an aggravating circumstance present, how does this affect the penalty?

The penalty may not be reduced by one degree, apply the off-set rule. (D) Signup and view all the answers

An individual plans to poison their neighbor with what they believe to be a deadly substance. However, the substance is actually harmless sugar. If the neighbor consumes the substance, can the individual be charged with a crime? If so, what would it be?

Impossible crime, penalized under Article 59. (A) Signup and view all the answers

A defendant has multiple mitigating circumstances. Which of the following represents the appropriate adjustment to sentencing?

Reduce the penalty by one degree due to two mitigating circumstances, then apply the remaining circumstance to impose the minimum penalty. (D) Signup and view all the answers

A group of individuals conspire to rob a bank, but their plan is based on the false premise that the bank vault will be open on a specific holiday. If they attempt the robbery on that day and find the vault securely locked, what penal consequence might they face?

Penalty for an impossible crime, considering factual impossibility. (B) Signup and view all the answers

According to the table provided, what happens to the severity of penalties as you move from principals to accessories in consummated, frustrated, and attempted crimes?

The penalty decreases as the level of participation decreases. (A) Signup and view all the answers

When an aggravating circumstance is present during the commission of a crime, what is the immediate effect on determining the penalty?

The penalty cannot be reduced by one degree and the off-set rule is employed. (A) Signup and view all the answers

In the case of voluntary surrender, voluntary confession, and passion are considered mitigating circumstances, how would these factors influence the imposed penalty of a crime?

The penalty may be reduced because of the presence of mitigating circumstances. (D) Signup and view all the answers

How does the court determine whether an act falls under 'impossible crime' and thus is penalized under Article 59?

By examining the offender's subjective intent and the objective possibility of achieving the intended crime. (B) Signup and view all the answers

An individual attempts to influence a judge's decision by sending a letter containing a bribe, but the letter is intercepted by court staff and never reaches the judge. Can this individual be penalized in any way?

Possible penalty for impossible crime. (C) Signup and view all the answers

With the presence of Voluntary Surrender, Voluntary Confession, and Passion as mitigating circumstances, and an aggravating circumstance is also present, which of the following rules would take precedence in determining the final penalty?

The principle of totality to outweigh both mitigating and aggravating circumstances based on the evidence presented (C) Signup and view all the answers

If an accused, who is a recidivist, commits a crime with additional aggravating circumstances, what is the limitation on the penalty that can be imposed?

The court shall not impose a greater penalty than that prescribed by law, in its maximum period. (D) Signup and view all the answers

What distinguishes an 'impossible crime' from an 'attempted crime' under the Revised Penal Code (RPC)?

In an 'impossible crime,' the intended act is inherently unattainable, whereas an 'attempted crime' is possible but unsuccessful. (B) Signup and view all the answers

A person was convicted of a crime and the judge identifies the evidence which points to a means to weaken the victim’s defense, and with obvious ungratefulness. How would this most likely affect the sentencing?

The court is limited to imposing a penalty no greater than the maximum prescribed by law. (C) Signup and view all the answers

If a penalty's duration is specified without distinct minimum, medium, and maximum periods, how should a court determine these periods?

The court divides the total duration of the penalty into three equal time periods to represent the minimum, medium, and maximum periods. (B) Signup and view all the answers

In calculating the medium period for prision mayor, given that the minimum period ends at 8 years, what is the duration of the medium period?

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

How is the maximum period of a penalty like prision mayor determined after establishing the medium period?

By adding 1 day to the upper limit of the medium period and then adding 2 years. (D) Signup and view all the answers

If the minimum period of a certain penalty is up to 5 years, and a judge needs to determine the subsequent periods using the standard calculation method, what is the starting point for calculating the medium period?

5 years and 1 day (D) Signup and view all the answers

What is a key characteristic of penalties that are subject to Article 65 of the Revised Penal Code?

They are not composed of three distinct periods (minimum, medium, maximum). (C) Signup and view all the answers

Malversation under paragraph 2 of Article 217 of the RPC carries a penalty of prision mayor in its minimum and medium periods. How should a court determine the exact duration of the penalty if only the minimum and medium periods are specified?

The court has discretion to determine the penalty within the specified periods, considering aggravating and mitigating circumstances. (D) Signup and view all the answers

In a scenario where the penalty prescribed is prision mayor, and the accused has one mitigating circumstance and no aggravating circumstances, within which period should the court impose the penalty, assuming the rules for divisible penalties apply?

Minimum period (B) Signup and view all the answers

Why is it important to accurately determine the duration of the minimum, medium, and maximum periods of penalties?

To ensure consistent application of the law and proportionate punishment. (B) Signup and view all the answers

Flashcards

Subsidiary Imprisonment

Imprisonment served when a fine cannot be paid. The duration depends on the severity of the original offense and the principal penalty imposed.

Subsidiary Imprisonment Limit (Prision Correccional/Arresto)

For prision correccional or arresto and fine, confinement continues until the fine is satisfied. Subsidiary imprisonment cannot exceed one-third of the sentence or one year.

Subsidiary Imprisonment Limit (Fine Only)

If the principal penalty is only a fine, subsidiary imprisonment cannot exceed six months for grave/less grave felonies or fifteen days for light felonies.