10 Questions
What is the Three-Fold Rule?
The maximum duration of a 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, but in no case shall exceed 40 years.
When does the Three-Fold Rule apply?
The rule applies if a convict has to serve at least four sentences, continuously.
What is the rule if the culprit has to serve two or more penalties?
If the nature of the penalties will permit, the culprit shall serve them simultaneously. Otherwise, the penalties shall be served successively based on their severity.
What are the two ways for the total extinction of criminal liability under Article 89 of the RPC?
- By service of sentence; 2. By Amnesty, which completely extinguishes the penalty and all its effects.
Does the extinction of criminal liability necessarily mean that civil liability is also extinguished?
No, extinction of criminal liability does not necessarily mean that civil liability is also extinguished.
What are the seven ways by which penalties are extinguished?
Death, payment or remission, prescription, pardon, amnesty, marriage of the offended woman, and by the marriage of the offender with the offended woman
What is the prescriptive period for the penalty of Death, RP, RT?
20 years
When does the period of prescription of penalties commence to run?
From the date when the culprit evaded the service of his sentence.
What is the prescriptive period for Libel?
1 year
How is the running of the prescriptive period interrupted for a crime punishable by the RPC?
The running of the prescriptive period is interrupted upon the filing of the case before the fiscal’s office.
Study Notes
The Three-Fold Rule
- Applies when a culprit has to serve two or more penalties simultaneously
- The culprit serves the penalty for the most serious crime, then the next most serious, and so on
Extinction of Criminal Liability
- Can occur in two ways under Article 89 of the RPC:
- Prescription of the crime
- Amnesty
Extinction of Criminal Liability vs. Civil Liability
- Extinction of criminal liability does not necessarily mean extinction of civil liability
Extinguishment of Penalties
- There are seven ways to extinguish penalties:
- Prescription of the crime
- Amnesty
- Pardon
- Abolition of the penal law
- Acquittal or dismissal
- Service of sentence
- Death of the offender
Prescription of Penalties
- Period of prescription for the penalty of Death, Reclusion Perpetua (RP), and Reclusion Temporal (RT) is 20 years
- Period of prescription for Libel is 1 year
- Period of prescription commences to run from the date of the commission of the crime
- Running of the prescriptive period can be interrupted for a crime punishable by the RPC by the filing of the complaint or information
Learn about the Three-Fold Rule in the context of Philippine law, which limits the maximum duration of a convict’s sentence. Understand its application and implications according to Article 70 of the Revised Penal Code (RPC).
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