PENALTIES PDF - Computation & Indeterminate Sentence Law PDF

PENALTIES: COMPUTATION WITH THE INDETERMINATE SENTENCE LAW Atty. Ramon S. Esguerra Article 21, RPC Formatted: Font: 22 pt, Bold...

PENALTIES: COMPUTATION WITH THE INDETERMINATE SENTENCE LAW Atty. Ramon S. Esguerra Article 21, RPC Formatted: Font: 22 pt, Bold Formatted: Font: 22 pt, Bold Penalties that may be imposed. Formatted: Font: Bold - No felony shall be punishable by any penalty not prescribed by law prior to its commission. Formatted: Font: 20 pt Formatted: Indent: Left: 0.6" NULLUM CRIMEN NULLA POENA SINE LEGE Formatted: Font: 14 pt Formatted: Font: 18 pt  Classification Formatted: Font: 36 pt (RPC, Article 25, in relation to Article 9) Formatted: Font: 16 pt Formatted: Heading 3, Left, Indent: Left: 0" Article 25 classifies penalties into: Formatted: Font: 12 pt A. PRINCIPAL PENALTIES (those expressly specified in the judgment of conviction); and GRAVITY DIVISIBILITY Formatted: List Paragraph, Justified, Right: 0.43", B. ACCESSORY PENALTIES (those deemed included in the principal penalty and do not Bulleted + Level: 2 + Aligned at: 2.26" + Indent at: 2.76", Tab stops: 2.04", Left have to be expressly specified in the judgment of conviction)  PRINCIPAL  PRINCIPAL PENALTIES may further be classified according to gravity, to wit: a. Capital Penalty (i.e., death); b. Afflictive Penalties (i.e., reclusion perpetua, reclusion temporal, perpetual or temporary absolute disqualification, perpetual or temporary special disqualification, prision mayor); c. Correctional Penalties (i.e., prision correccional, arresto mayor, suspension, destierro); d. Light Penalties (i.e., arresto menor, public censure); and e. Penalties common to afflictive, correctional and light penalties (i.e., fine, bond to keep the peace). * This classification corresponds to the classification of the felonies in Article 9, into grave, less grave and light. GRAVE FELONIES are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of this Code. LESS GRAVE FELONIES are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above-mentioned article. LIGHT FELONIES are those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding 40,000.00 pesos or both, is provided. PRINCIPAL PENALTIES may also be classified according to divisibility, to wit: a. INDIVISIBLE PENALTIES – those that have no fixed duration and therefore cannot be divided into periods, such as:  Death  Reclusion Perpetua  Perpetual absolute or special disqualification  Public Censure People v. Jacinto (G.R. No. 182239, 16 March 2011) Under Article 68 of the Revised Penal Code, when the offender is a minor under 18 years, the penalty next lower than that prescribed by law shall be imposed, but always in the proper period. However, for purposes of determining the proper penalty because of the privileged mitigating circumstance of minority, the penalty of death is still the penalty to be reckoned with. Thus, the proper imposable penalty for the accused-appellant is reclusion perpetua. b. DIVISIBLE PENALTIES – those that have a fixed duration and therefore can be divided into three periods, such as:  Reclusion Temporal;  Temporary special disqualification  Prision Mayor;  Prision Correccional;  Arresto Mayor;  Suspension;  Destierro; and  Arresto Menor.  ACCESSORY Formatted: Font: 72 pt Formatted: Heading 3 ACCESSORY PENALTIES, which are deemed included in the imposition of principal penalties, are as Formatted: Font: 12 pt follows:  Perpetual or temporary absolute disqualification;  Perpetual or temporary special disqualification;  Suspension from public office, the right to vote and be voted for, the profession or calling;  Civil interdiction;  Indemnification;  Forfeiture or confiscation of instruments and proceeds of the offense; and  Payment of costs.  Penalty for Complex Crimes Formatted: Font: (Default) Arial, Bold, Underline Formatted: Underline Formatted: Body Text, Centered, Right: 0" (RPC, Art. 48) ARTICLE 48. Penalty for Complex Crimes. Formatted: Font: 12 pt — When a single act constitutes two or more crimes, or when an offense is a necessary means Formatted: Indent: Left: 0" for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period. Formatted: Font: 12 pt Formatted: Font: 12 pt Question: A committed direct assault with homicide. What is the penalty to be imposed? Answer: Reclusion temporal in its maximum period. The penalty for direct assault is prision correccional in its medium and maximum periods (Article 148). Whereas, homicide is punishable by reclusion temporal (Art. 249). Thus, the penalty of the more serious crime shall be imposed in its maximum period. Order of Severity (RPC, Art. 70) Formatted: Indent: Left: 0" Successive service of sentence. — When the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature of the penalties will so permit; otherwise, the following rules shall be observed: In the imposition of the penalties, the order of their respective severity shall be followed so that they may be executed successively or as nearly as may be possible, should a pardon have been granted as to the penalty or penalties first imposed, or should they have been served out. For the purpose of applying the provisions of the next preceding paragraph, the respective severity of the penalties shall be determined in accordance with the following scale: 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. Temporal absolute disqualification. 11. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling 12. Public censure.  Three-fold Rule (RPC, Art. 70) Notwithstanding the provisions of the rule next preceding, the maximum duration of the convict's sentence shall not be more than three-fold the length of time corresponding to the most severe of the penalties imposed upon him. No other penalty to which he may be liable shall be inflicted after the sum total of those imposed equals the same maximum period. Such maximum period shall in no case exceed forty years. In applying the provisions of this rule, the duration of perpetual penalties (pena perpetua) shall be computed at thirty years. (As amended). Preventive Imprisonment (Art. 29) and Good Conduct Allowance (Art. 97) Note: It is the Bureau of Corrections (BuCor) and Board of Pardons and Paroles (BJMP) that is primarily tasked in computing the: (a) period of preventive imprisonment, for the deduction from imprisonment terms; and (b) allowance of Good Conduct People v. Conrado Lucas (G.R. Nos. 108172-73, 9 January 1995) Although Section 17 of R.A. No. 7659 has fixed the duration of reclusion perpetua from twenty (20) years and one (1) day to forty (40) years, there was no clear legislative intent to alter its original classification as an indivisible penalty. It shall then remain as an indivisible penalty. There is no computation needed at all for reclusion perpetua. Impose it as it is. Graduated scales (RPC, Art. 71) In the case in which the law prescribed a penalty lower or higher by one or more degrees than another given penalty, the rules prescribed in Article 61 shall be observed in graduating such penalty. The lower or higher penalty shall be taken from the graduated scale in which is comprised the given penalty. The courts, in applying such lower or higher penalty, shall observe the following graduated scales: SCALE NO. 1 SCALE NO. 2 1. Death, 1. Perpetual absolute 2. Reclusion perpetua, disqualification, 3. Reclusion temporal, 2. Temporal absolute disqualification 4. Prision mayor, 3. Suspension from public 5. Prision correccional, office, the right to vote and be 6. Arresto mayor, voted for, the right to follow a 7. Destierro, profession or calling, 8. Arresto menor, 4. Public censure, 9. Public censure, 5. Fine 10. Fine.  Rules for Graduating Penalties Formatted: Font: 28 pt (RPC, Article 61) Formatted: Heading 3, Left, Indent: Left: 0.19" Formatted: Indent: Hanging: 0.01", Tab stops: 0.53", Left 2.1. When the penalty prescribed for the felony is single and indivisible, the penalty next lower in degrees shall be that Formatted: Font: 10 pt immediately following that indivisible penalty in the respective graduated scale prescribed in Article 71 of the Revised Penal Code. Formatted: Indent: Hanging: 0.01", Tab stops: 0.53", Left + Not at 1.88" Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt 3. When the penalty prescribed for the crime is composed of two indivisible penalties, or of one or more divisible Formatted: Font: 10 pt penalties to be imposed to their full extent, the penalty next lower in degree shall be that immediately following the lesser of the penalties prescribed in the respective graduated scale. Formatted: Indent: Hanging: 0.01", Tab stops: Not at 1.88" Two indivisible penalties Formatted: Font: (Default) Arial, 14 pt 2. Formatted: List Paragraph, Justified, Indent: Hanging: 0.01", Right: 0.36", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.22" + Indent at: 0.55" Formatted: List Paragraph, Indent: Left: 0" Formatted: List Paragraph, Justified, Indent: Hanging: 0.01", Right: 0.36", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned One divisible penalty to be imposed to their full extent at: 0.22" + Indent at: 0.55" Formatted: Indent: Left: 0" Two or more divisible penalties to be imposed to their full extent 3. When the penalty prescribed for the crime is composed of one or two indivisible penalties and the maximum period of another Formatted: Font: 10 pt divisible penalty, the penalty next lower in degree shall be composed of the medium and minimum periods of the proper divisible penalty and the maximum period of that immediately following in said respective graduated scale. Formatted: Indent: First line: 0.04" Formatted: Font: 12 pt One indivisible penalty and the maximum of another divisible penalty Formatted: Font: 12 pt Formatted: Font: 12 pt Two indivisible penalties and the maximum of another divisible penalty Formatted: Font: 8 pt Formatted: Centered Formatted: Font: 12 pt Formatted: Font: 12 pt 4. When the penalty prescribed for the crime is composed of several periods, corresponding to different divisible penalties, the penalty Formatted: Font: 10 pt next lower in degree shall be composed of the period immediately following the minimum prescribed and of the two next following, which shall be taken from the penalty prescribed, if possible; otherwise, from the penalty immediately following in the above mentioned respective graduated scale. Formatted: Font: 12 pt When penalty has three or more periods Formatted: Font: 12 pt 3. 5. When the law prescribes a penalty for a crime in some manner not specially provided for in the four preceding rules, the courts, Formatted: Font: 10 pt proceeding by analogy, shall impose corresponding penalties upon those guilty as principals of the frustrated felony, or of attempt to Formatted: Font: 10 pt, Bold commit the same, and upon accomplices and accessories. Formatted: Table Paragraph, Centered, Right: 0", No bullets or numbering, Tab stops: Not at 1.64" Formatted: Font: 12 pt When penalty has two periods Formatted: Font: 12 pt Formatted: Centered, Space After: 0.05 pt Formatted: Centered When penalty has one period Formatted: Body Text, Centered, Indent: Left: 0" Formatted: Centered Formatted: Centered, Space After: 0 pt Formatted: Body Text  Formatted: Centered Tabulation of the Provisions of the Chapter Formatted: Body Text, Indent: Left: 0"  Effect of Mitigating/Aggravating Formatted: Font: 28 pt Circumstances/of Habitual Delinquency Formatted: Font: 8 pt (RPC, Article 62) Formatted: Font: 28 pt 1. Aggravating circumstances which in themselves constitute a crime specially punishable Formatted: Font: 12 pt by law or which are included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty. 1(a). When in the commission of the crime, advantage was taken by the offender of his Formatted: Font: 12 pt, Bold public position, the penalty to be imposed shall be in its maximum regardless of mitigating circumstances. Formatted: Font: 12 pt The maximum penalty shall be imposed if the offense was committed by any group who belongs to an organized/syndicated crime group. An organized/syndicated crime group means a group of two or more persons collaborating, confederating or mutually helping one another for purposes of gain in the commission of any crime. Formatted: Font: 12 pt When in the commission of the crime, advantage was taken by the offender of his public position, the penalty to be imposed shall be in its maximum regardless of mitigating circumstances. Formatted: Font: 12 pt Example: A, a municipal mayor, was convicted of Slight Illegal Detention. The trial court found that A took Formatted: Font: Italic advantage of his public position. However, the Trial Court also appreciated the mitigating circumstances of voluntary surrender and confession. The penalty to be imposed: Formatted: Font: 12 pt, Italic Formatted: Font: 12 pt Formatted: Font: 12 pt Example: A, B, and C committed Robbery as members of a syndicated crime group. They, however, Formatted: Font: 12 pt, Italic voluntarily surrendered and confessed. The penalty to be imposed:  Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt 2. The same rule shall apply with respect to any aggravating circumstance inherent in the Formatted: Font: 12 pt crime to such a degree that it must of necessity accompany the commission thereof. Formatted: Font: 12 pt 3. Aggravating or mitigating circumstances which arise from the moral attributes of the Formatted: Font: 12 pt, Bold offender, or from his private relations with the offended party, or from any other personal cause, shall only Formatted: Font: 12 pt serve to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant. Formatted: Indent: Left: 0.5", First line: 1" 4. The circumstances which consist in the material execution of the act, or in the means Formatted: Font: 12 pt, Bold employed to accomplish it, shall serve to aggravate or mitigate the liability of those persons only who had Formatted: Font: 12 pt knowledge of them at the time of the execution of the act or their cooperation therein. Formatted: Indent: Left: 0.5" 5. Habitual delinquency shall have the following effects: Formatted: Font: 12 pt, Bold (a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for the Formatted: Font: 12 pt last crime of which he be found guilty and to the additional penalty of prision correctional in its medium and Formatted: Font: 12 pt, Bold maximum periods; Formatted: Font: 12 pt (c) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last Formatted: Font: 12 pt, Bold crime of which he be found guilty and to the additional penalty of prision mayor in its minimum and medium Formatted: Font: 12 pt periods; and Formatted: Font: 12 pt (b) Formatted: Indent: Left: 0.5", First line: 1" (e)(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the Formatted: Font: (Default) Arial MT last crime of which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion Formatted... temporal in its minimum period. Formatted: Font: (Default) Arial MT, 11 pt Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the Formatted: Font: (Default) Arial MT, 11 pt, Bold offender, in conformity herewith, shall in no case exceed 30 years. Formatted: Font: (Default) Arial MT, 11 pt Formatted: Font: (Default) Arial MT, 11 pt, Bold For the purpose of this article, a person shall be deemed to be habitual delinquent, if within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, Formatted: Font: (Default) Arial MT, 11 pt robo, hurto, estafa or falsification, he is found guilty of any of said crimes a third time or oftener. Formatted: Font: (Default) Arial MT, 11 pt, Bold Formatted: Font: (Default) Arial MT, 11 pt Formatted: Font: 12 pt Quasi-recidivism (RPC, Article 160) Any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony. Example: There is one mitigating circumstance and the special aggravating circumstance of quasi-recidivism. The penalty to be imposed:  Formatted: Font: (Default) Arial, 48 pt, Bold, Underline Formatted: Body Text, Right: 0" Imposition of fines Formatted: Body Text, Left, Right: 0" Formatted: Font: 9 pt Formatted: Font: 9 pt, Bold, Italic, Underline (RPC, Article 66) Formatted: Font: 9 pt, Bold, Italic, Underline In imposing fines, the courts may fix any amount within the limits established by law; in fixing the amount in each case attention shall be given, Formatted: Indent: First line: 0" not only to the mitigating and aggravating circumstances, but more particularly to the wealth or means of the culprit. Formatted: Font: 10 pt (A) Penalty for Incomplete Accident (RPC, Article 67) Formatted: Left When all the conditions required in circumstances Number 4 of Article 12 of the RPC to exempt from criminal liability are not present, the penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon the culprit if Formatted: Indent: First line: 0" he shall have been guilty of a grave felony, and arresto mayor in its minimum and medium periods, if of a less grave felony. Formatted: Font: 10 pt (B) Penalty to be imposed upon a Minor Formatted: Font: 10 pt (Article 68 of the RPC, as amended by R.A. No. 9344) Formatted: Left While an offender over 9 years but under 15 years who acts with discernment is not exempt from criminal liability under Article 68, and a discretionary penalty shall be imposed which shall always be lower by 2 degrees than that prescribed by law for the crime Formatted: Heading 3, Left, Indent: Left: 0.17" committed, said offender is exempt from criminal liability under R.A. No. 9344; hence, no penalty shall be imposed. Formatted: Indent: First line: 0"  When an offender is over 15 but under 18 years of age, the penalty next lower than that prescribed by law shall be imposed under Article Formatted: Font: 12 pt 68, while under R.A. No. 9344, the offender shall be exempt from criminal liability unless he/she acted with discernment. Formatted: Font: 10 pt Formatted... Example: A, 17 years old, committed homicide against B. The trial court found him to have acted with discernment. Formatted: Font: (Default) Arial MT, 11 pt Formatted: Font: 10 pt Penalty to be imposed: Formatted: Font: 10 pt, Italic, Highlight Formatted: Font: 10 pt, Highlight Formatted: Highlight Formatted: Font: 12 pt, Highlight Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Example: A, 17 years old, committed Slight Illegal Detention against B. The trial court found him to have acted with discernment. In Formatted: Centered committing the crime, A employed means to weaken B’s defense Formatted: Font: 10 pt, Italic, Highlight Penalty to be imposed: Formatted: Font: 10 pt, Italic Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Centered Formatted: Font: 12 pt  Formatted: Font: 12 pt (C) Penalty to be imposed when the crime committed is not wholly excusable (RPC, Article 69) Formatted: Font: 12 pt A penalty lower by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly Formatted: Font: 10 pt excusable by reason of the lack of some of the conditions required to justify the same or to exempt from criminal liability in the several cases mentioned in Article 11 and 12, provided that the majority of such conditions be present. The courts shall impose the penalty in Formatted: Left the period which may be deemed proper, in view of the number and nature of the conditions of exemption present or lacking. Formatted: Font: 10 pt (D) Penalty to be imposed when the crime committed is not wholly excusable (RPC, Article 69) Formatted: Font: 10 pt, Bold, Underline Example: A was convicted of Homicide but the court appreciated the privileged mitigating circumstance of incomplete self-defense. The court may impose penalty lower by one or two degrees than that prescribed for Homicide. Formatted: Font: 10 pt Formatted: Font: 10 pt, Italic, Highlight Formatted: Font: 10 pt, Italic Formatted: Centered Formatted: Font: 10 pt Maximum Formatted: Font: 10 pt Formatted: Font: 10 pt Reclusion Temporal Medium Penalty prescribed by Art. 249 Formatted: Font: 10 pt Minimum Formatted: Font: 10 pt Formatted: Font: 10 pt Maximum Formatted: Font: 10 pt Formatted: Font: 10 pt Prision Mayor Medium Penalty lower by one degree Formatted: Font: 10 pt Minimum Formatted: Font: 10 pt Formatted: Font: 10 pt Maximum Formatted: Font: 10 pt Prision Correccional Medium Penalty lower by two degrees Formatted: Font: 10 pt Formatted: Font: 10 pt Minimum Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font: 10 pt  (DE) Additional Penalty to be imposed upon Public Officers who are guilty as Accessories under Art 19, par. 3 Formatted: Left (RPC, Article 58) Those accessories falling within the terms of paragraphs 3 of Article 19 of this Code who should act with abuse of their Formatted: Font: 10 pt public functions, shall suffer the additional penalty of absolute perpetual disqualification if the principal offender shall be guilty Formatted: Heading 3, Left, Indent: Left: 0.46", First of a grave felony, and that of absolute temporary disqualification if he shall be guilty of a less grave felony. line: 0", Right: 0.47" (EF) Penalty for Impossible Crime Formatted: Font: 10 pt, Bold (RPC, Article 59) Formatted: Font: 10 pt When the person intending to commit an offense has already performed the acts for the execution of the same but nevertheless the crime was not produced by reason of the fact that the act intended was by its nature one of impossible accomplishment Formatted: Font: 10 pt or because the means employed by such person are essentially inadequate to produce the result desired by him, the court, having in mind the social danger and the degree of criminality shown by the offender, shall impose upon him the penalty of arresto mayor or a Formatted: Indent: Left: 0.5", First line: 0.5" fine from 200 to 500 pesos. Formatted: Indent: First line: 0.3" Formatted: Font: 10 pt Formatted: Body Text, Left, Indent: Left: 0", First line: 0.3", Right: 0" Formatted: Font: 10 pt, Bold Formatted: Font: 10 pt  Formatted: Normal, Justified, Indent: Left: 0.44", First Diagram of Application of Articles 50 to 57 line: 1", Right: 0.43" Principals Accomplices Accessories Formatted: Font: 12 pt Consummated 0 1 2 Formatted Table Frustrated 1 2 3 Formatted: Font: 12 pt Attempted 2 3 4 Formatted: Font: 12 pt Note: “0” represents the penalty prescribed by law in defining a crime, which is to be imposed on the principal in a consummated offense, in accordance with Article 46 of the RPC. The other figures represent the degrees to which the Formatted: Font: 12 pt penalty must be lowered, to meet the different situations anticipated by law. Formatted: Font: 11 pt, Italic  ARTICLES 50 – 57. EXTENT OF THE PENALTY TO BE Formatted: Font: 22 pt IMPOSED UNDER THE RPC Example: The penalty prescribed for Homicide is Formatted: Font: 12 pt, Bold, Italic, Highlight reclusion temporal (Article 249) Formatted: Indent: Left: 0" Consummated Frustrated Attempted Formatted: Font: 12 pt, Bold, Italic Reclusion Temporal Prision Mayor Prision Correccional Formatted: Font: 10 pt (Article 46. The penalty prescribed by (Article 50. The penalty next lower (Article 51. A penalty lower by law for the commission of a felony in degree than that prescribed by two degrees than that Formatted Table shall be imposed upon the principals law for the prescribed by law for Formatted: Font: Bold in the commission of such felony. consummated felony shall be the Formatted: Font: Bold Whenever the law prescribes a imposed upon the principal in a consummated felony shall be Principals penalty for a felony is general terms, frustrated felony.) imposed upon the principals in Formatted: Font: Bold it shall be understood as applicable an attempt to commit a felony.) Formatted: Line spacing: Multiple 1.15 li to the consummated felony.) Prision Mayor Prision Correccional Arresto Mayor Formatted: Font: Bold (Article 52. The penalty next lower in (Article 54. The penalty next lower (Article 56. The penalty next Formatted: Font: Bold degree than that prescribed by law in degree than prescribed by law lower in degree than that for the for the frustrated felony shall be prescribed by law for an Formatted: Font: Bold Accomplices consummated shall be imposed imposed upon the accomplices in attempt to commit a felony shall Formatted: Line spacing: Multiple 1.15 li upon the accomplices in the the commission of a frustrated be imposed upon the commission of a felony.) accomplices in an attempt to consummated felony.) commit the felony.) Formatted: Font: Bold Formatted: Font: Bold Prision Correccional Arresto Mayor Arresto Menor Formatted: Font: Bold (Article 55. The penalty lower by (Article 57. The penalty lower by Formatted: Line spacing: Multiple 1.15 li two degrees than that two degrees than that prescribed (Article 53. The penalty lower by two prescribed by law for the by law for the attempted felony Formatted: Line spacing: Multiple 1.15 li degrees than that prescribed by law frustrated felony shall be shall be imposed upon the Formatted: Line spacing: Multiple 1.15 li Accessories for the consummated felony shall be imposed upon the aaccessories accessories to the attempt to Formatted: Indent: First line: 0", Line spacing: Multiple imposed upon the accessories to the to the commission of a commit a felony.) 1.15 li commission of a consummated frustrated felony.) Formatted: Right: 0.08", Line spacing: Multiple 1.15 li felony.) Formatted: Left, Indent: Left: 0.12", First line: 0.39", The penalty prescribed for Homicide is reclusion temporal (Article 249) Right: 0", Space Before: 16.95 pt, Line spacing: Multiple 1.15 li  Formatted: Font: 11 pt Exceptions to the rules under Articles 50 to 57 Formatted: Font: 11 pt Formatted: Font: 11 pt The provisions contained in Articles 50 to 57, inclusive, shall not be applicable to cases in which the law expressly prescribes the penalty provided for a frustrated or attempted felony, or to be imposed upon accomplices or Formatted: Font: 11 pt, Bold accessories (RPC, Article 60). Formatted: Font: 11 pt Formatted: Font: 14 pt The courts, in view of the facts of the case, may impose upon the person guilty of the frustrated crime of parricide, murder or homicide, defined and penalized in the preceding articles, a penalty lower by one degree than that Formatted: Font: 14 pt which should be imposed under the provision of Article 50. Formatted: Font: 11 pt Formatted: Font: 2 pt The courts, considering the facts of the case, may likewise reduce by one degree the penalty which under article 51 should be imposed for an attempt to commit any of such crimes. Formatted: Font: 11 pt Formatted: Font: 12 pt Formatted: Left, Indent: Left: 0", First line: 0", Right: Article 50 (one degree Article 250 Par. 1 If lower) (a penalty lower by one Formatted: Left, Indent: Left: 0" Consummated degree than Article 50) Formatted Table Parricide or Murder Reclusion Perpetua to Death Reclusion Temporal Prision Mayor Formatted: Font: 12 pt Homicide Reclusion Temporal Prision Mayor Prision Correccional Formatted: Left Formatted: Left, Indent: Left: 0", Right: 0" Article 250 (a penalty If Consummated Article 51 (two degrees lower by one degree Formatted: Font: 12 pt Par. 2 lower) than Article 51) Formatted: Left, Right: 0" Parricide or Murder Reclusion Perpetua to Death Prision Mayor Prision Correccional Formatted: Font: 12 pt Homicide Reclusion Temporal Prision correccional Arresto Mayor Formatted: Right: 0" Formatted: Right: 0.3" Formatted: Font: 12 pt Formatted: Right: 0.15" Formatted: Right: -0.01" Formatted Table Formatted: Indent: Left: 0", First line: 0", Right: -0.66" Formatted: Left, Indent: Left: 0", First line: 0", Right: -0.01" Formatted: Right: 0.07" Formatted: Right: 0.22" Bases for the determination of the extent of penalty to be Formatted: Font: 22 pt imposed under the RPC Formatted: Font: 16 pt 1. The stage reached by the crime in its development Formatted: Font: 10 pt (either attempted, frustrated or consummated); Formatted: Font: 10 pt 1. 1. The participations therein of the persons liable; and Formatted: List Paragraph, Numbered + Level: 1 + 2. Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.66" + Indent at: 1.16", Tab stops: 1. The aggravating or mitigating circumstances which 1.16", Left 3. attended the commission of the crime. Formatted: List Paragraph, Numbered + Level: 1 + In the different stages of execution in the commission of the crime and in the participation therein of the persons liable, the Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: penalty is graduated by degree. Left + Aligned at: 0.66" + Indent at: 1.16", Tab stops: 1.16", Left Formatted: Font: 10 pt Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.66" + Indent at: 1.16", Tab stops: 1.16", Left + 1.93", Left + 3.77", Left + 4.29", Left + 5.84", Left + 8.04", Left Formatted: Font: 10 pt, Bold Formatted: Indent: First line: 0" Formatted: Font: 10 pt Formatted: Font: 10 pt, Bold  Duration of Penalties (Art. 27) Formatted: Highlight The penalty of reclusion perpetua shall be from twenty Formatted: Font: 16 pt (20) years and one (1) day to forty (40) years. Formatted: Font: 16 pt Formatted: Indent: Left: 0.92", Right: 0.62" The penalty of reclusion temporal shall be from twelve (12) years and one (1) day to twenty (20) years. The duration of the penalties of prision mayor and temporary Formatted: Font: 16 pt disqualification shall be from six (6) years and one (1) day to twelve (12) Formatted: Indent: Left: 0.92", First line: 0", Right: 0.62" years, except when the penalty of disqualification is imposed as an accessory Formatted: Font: 16 pt penalty, in which case, its duration shall be that of the principal penalty. Formatted: Font: 16 pt Formatted: Font: 16 pt The duration of the penalties of prision correccional, suspension and Formatted: Indent: Left: 0.92", Right: 0.62" destierro shall be from six (6) months and one (1) day to six (6) years, except Formatted: Font: 16 pt when suspension is imposed as an accessory penalty, in which case, its Formatted: Indent: Left: 0.92", First line: 0", Right: duration shall be that of the principal penalty. 0.62" Formatted: Font: 16 pt Formatted: Indent: Left: 0.92", Right: 0.62" The duration of the penalty of arresto mayor shall be from one (1) month Formatted: Font: 16 pt and one (1) day to six (6) months. Formatted: Indent: Left: 0.92", First line: 0", Right: 0.62" Formatted: Indent: Left: 0.92", Right: 0.62" The duration of the penalty of arresto menor shall be from (1) one day to thirty (30) days. The bond to keep the peace shall be required to cover such period of time as Formatted: Indent: Left: 0.92", First line: 0", Right: 0.62" the court may determine.  Subsidiary Imprisonment If the convict has no property with which to meet the fine, he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos, subject to the following rules: 1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under confinement until his fine referred in the preceding paragraph is satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in no case shall it continue for more than one year, and no fraction or part of a day shall be counted against the prisoner. 2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if for a light felony. 3. When the principal penalty imposed is higher than prision correccional, no subsidiary imprisonment shall be imposed upon the culprit. 4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is of fixed duration, the convict, during the period of time established in the preceding rules, shall continue to suffer the same deprivation as those of which the principal penalty consists. 5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him from the fine in case his financial circumstances should improve.  Rules for the Application of Indivisible Penalties (RPC, Article 63) In all cases in which the law prescribes a single indivisible penalty, it shall be applied by the courts Formatted: Font: 12 pt, Bold, Underline regardless of any mitigating or aggravating circumstances that may have attended the commission of Formatted: Font: 12 pt the deed. Formatted: Font: 12 pt, Underline Formatted: Font: 12 pt Formatted: Font: 12 pt, Bold, Underline Formatted: Centered Penalty to be imposed for Simple Rape, regardless of any ordinary Reclusion Perpetua mitigating, or aggravating Circumstances In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following Formatted: Font: Bold, Underline rules shall be observed in the application thereof: Formatted: Font: Bold, Underline 1. When in the commission of the deed there is present only one aggravating circumstance, Formatted: Font: Bold the greater penalty shall be applied. Formatted: Font: Bold, Italic, Underline Formatted: Font: Bold Example: A is convicted with Serious Illegal detention. The trial court appreciated the aggravating circumstance of night time. The penalty to be imposed: Formatted: Centered  In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules shall be observed in the application thereof: 2. When there are neither mitigating nor aggravating Formatted: Font: 10 pt, Bold circumstances, the lesser penalty shall be applied. Formatted: Font: 10 pt, Bold, Italic, Underline Example: A is convicted with the Parricide without any mitigating or aggravating circumstances. The penalty to be imposed: Formatted: Font: 10 pt, Bold Formatted: Font: 10 pt Formatted: Centered Death Penalty prescribed for Parricide under Reclusion Perpetua Article 246. Penalty to be imposed because there are no mitigating or aggravating circumstances Formatted: Font: 10 pt In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules shall be observed in the application thereof: 14.3. When the commission of the act is attended by some mitigating circumstance and there is no aggravating Formatted: Font: 10 pt, Italic, Underline circumstance, the lesser penalty shall be applied. Example: B was convicted of the crime of Murder. The trial court appreciated the mitigating circumstances of voluntary surrender. The Formatted: Font: 10 pt penalty to be imposed: Death Penalty prescribed for Murder under Article 248. Penalty to be imposed because the voluntary Reclusion Perpetua surrender Formatted: Centered  15.4. When both mitigating and aggravating circumstances attended the commission of the act, the court shall Formatted: Font: 10 pt reasonably allow them to offset one another in consideration of their number and importance, for the purpose of applying the penalty in accordance with the preceding rules, according to the result of such compensation. Formatted: Font: 10 pt, Italic, Underline Formatted: Font: 10 pt Example: B was convicted of the crime of Murder. The trial court appreciated the mitigating circumstances of voluntary surrender and confession, and the aggravating circumstance of consideration of a reward. The penalty to be imposed: Death Penalty prescribed for Murder under Article 248. Penalty to be imposed because, after applying the Reclusion Perpetua off-set rule, there is still one mitigating circumstances Formatted: Centered  Rules for the Application of Indivisible Penalties Special Mitigating Circumstance Accused was found guilty of parricide punishable by the penalty of reclusion perpetua to death. Applying the rules for application of indivisible penalties (Article 63), the lesser penalty of reclusion perpetua shall be applied if there are two mitigating circumstance. The penalty cannot be lowered to reclusion temporal, no matter how many mitigating circumstances are present. The special mitigating circumstance is found in rules for application of divisible penalties (Article 64), which is not applicable because the penalty is not divisible (People v. Takbobo, G.R. No. 102984, June 30, 1993). The Takbobo principle is also applicable if the penalty prescribed by law for the crime committed is a single indivisible penalty such as reclusion perpetua. If there are three mitigating circumstance and one aggravating circumstance, special mitigating circumstance for purposes of graduating the penalty shall not be appreciated. Although there are two remaining mitigating circumstances after applying the off-set rule, the penalty shall not be lowered by one degree because the appreciation of special circumstance requires that there is no aggravating circumstance. Offset Rule Only ordinary aggravating and mitigating circumstances are subject to the offset rule. Privileged mitigating circumstance of minority cannot be off-set by ordinary aggravating circumstance (Aballe v. People, G.R. No. L-64086, March 15, 1990). If privileged mitigating circumstance and ordinary aggravating circumstance attended the commission of felony, the former shall be taken into account in graduating penalty; the latter in applying the graduated penalty in its maximum period (People v. Lumandong, G.R. NO. 132745, March 9, 2000, En Banc). Quasi-recidivism is a special circumstance and cannot be offset by a generic mitigating circumstance (People v. Macariola, G.R. No. L-40757, January 24, 2983). The circumstance of treachery, which qualifies the killing into murder, cannot be offset by a generic mitigating circumstance voluntary surrender (people v. Abletes and Pamero, G.R. No. L-33304, July 31, 1974).  Application of Divisible Penalties There are four kinds of divisible penalty, which are governed by Article 64, to wit: (1) Penalty composed of three periods fixed in accordance with Article 76; (2) Penalty not composed of three periods computed in accordance with Article 65; (3) Complex penalty under Article 77, par. 1; and (4) Penalty without specific legal form under Article 77, par. 2  Rules for the Application of Penalties which contain Three Periods (RPC, Article 64) In cases in which the penalties prescribed by law contain three periods, whether it be a single divisible Formatted: Font: 12 pt penalty or composed of three different penalties, each one of which forms a period in accordance with the provisions of Articles 76 and 77, the court shall observe for the application of the penalty the following rules, according to whether there are or are not mitigating or aggravating circumstances: Formatted: Font: 12 pt 1. When there are neither aggravating nor mitigating circumstances, they shall impose the Formatted: Font: 12 pt penalty prescribed by law in its medium period. Formatted: Font: 12 pt, Bold Formatted: Font: 12 pt Example: A was convicted of Homicide without any aggravating or mitigating circumstances. The penalty to be imposed: Formatted: Indent: Left: 0.43" Formatted: Font: 12 pt Formatted: Centered  2. When only a mitigating circumstances is present in the commission of the act, they shall Formatted: Font: 12 pt, Bold impose the penalty in its minimum period. Example: A was convicted of Homicide. However, the mitigating circumstance of voluntary confession was present. Formatted: Font: 12 pt The penalty to be imposed: Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Centered Formatted: Font: 12 pt 3. When only an aggravating circumstance is present in the commission of the act, they shall Formatted: Font: 12 pt impose the penalty in its maximum period. Formatted: Font: 12 pt, Bold Formatted: Font: 12 pt Example: A was convicted of Slight Illegal Detention committed with obvious ungratefulness. The penalty to be imposed: Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Centered Formatted: Font: 12 pt 4. When both mitigating and aggravating circumstances are present, the court shall Formatted: Font: 12 pt reasonably offset those of one class against the other according to their relative weight. Formatted: Font: 12 pt, Bold Formatted: Font: 12 pt Example: A was convicted of Slight Illegal Detention committed in an uninhabited place and with obvious Formatted: Font: 12 pt, Italic ungratefulness. However the court appreciated in A’s favor his voluntary surrender and confession as mitigating circumstances. Since both mitigating ang aggravating circumstances are present, they should be offset with one Formatted: Font: 12 pt, Italic other. Thus, the penalty to be imposed is: Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Centered Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Centered, Space After: 0.05 pt  5. When there are two or more mitigating circumstances and no aggravating circumstances Formatted: Font: 12 pt, Bold are present, the court shall impose the penalty next lower to that prescribed by law, in the period that it may deem applicable, according to the number and nature of such circumstances. Formatted: Font: 12 pt Example: A was convicted of Homicide. However the court appreciated in A’s favor his voluntary surrender and Formatted: Font: 12 pt, Italic confession as mitigating circumstances. Thus, the penalty to be imposed is: Formatted: Centered  Another Example: A was convicted of Homicide. However the court appreciated in A’s favor: (1) voluntary Formatted: Font: 12 pt, Italic surrender; (2) voluntary confession and (3) passion as mitigating circumstances. Formatted: Font: 12 pt The penalty to be imposed should be reduced first by one degree because of the two mitigating circumstances. The remaining mitigating circumstance will make the penalty to be imposed to be applied in its minimum. Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Centered Formatted: Font: 12 pt Another Example: A was convicted of Slight Illegal Detention by using disguise. However the court appreciated in A’s favor: Formatted: Font: 12 pt, Italic (1) voluntary surrender; (2) voluntary confession and (3) passion as mitigating circumstances. Formatted: Left, Indent: Left: 0", Right: 0" The penalty to be imposed may not be reduced by one degree because of the presence of a aggravating Formatted: Font: 12 pt circumstance. Hence. apply the off-set rule. Formatted: Justified, Indent: Left: 0.43", Right: 0.26" Formatted: Font: 12 pt Formatted: Centered  6. Whatever may be the number and nature of the aggravating circumstances, the courts Formatted: Font: 12 pt, Bold shall not impose a greater penalty than that prescribed by law, in its maximum period. Formatted: Font: 12 pt Example: A, a recidivist, was convicted of Slight Illegal Detention by using disguise and means to weaken the Formatted: Font: 12 pt, Italic victim’s defense, and with obvious ungratefulness. The penalty to be imposed: Formatted: Centered Formatted: Centered 7. Within the limits of each period, the court shall determine the extent of the penalty Formatted: Font: 12 pt, Bold according to the number and nature of the aggravating and mitigating circumstances and the greater and lesser extent of the evil produced by the crime.  Penalty Containing Three Periods Formatted: Highlight Article 76 of RPC expressly fixed the range of the period for reclusion temporal, prision mayor, temporary Formatted: Font: 10 pt disqualification, prision correccional, destierro, suspension, arresto mayor, and arresto menor. To find the range of the periods of any of the aforesaid penalties, one will simply read Article 76. If the crime committed is homicide and there is one mitigating circumstance of confession, the prescribed penalty of reclusion temporal shall be applied in its minimum period because of Article 64. Article 76 expressly states that the range of the minimum period of reclusion temporal is from 12 years and 1 day to 14 years and 8 months. Within the range of this period, the maximum indeterminate penalty shall be fixed. Formatted: Font: 10 pt The range of the minimum, medium and maximum periods fixed in accordance with Article 76 is one-third equal portion of the respective penalties except arresto mayor. Under Article 76, the minimum period of arresto mayor ranges from 1 month and 1 Formatted: Font: 10 pt day to 2 months; medium period ranges from 2 month and 1 day to 4 months; and maximum period ranges from 4 months and 1 day to 6 months. Hence, the time included in the duration of the minimum period of arresto mayor is only one month while that of the medium and maximum is two months. Formatted: Font: 12 pt Formatted: Normal, Justified, Right: 0.48" Determining the legal duration of the minimum, medium and maximum periods oof each penalty. Formatted: Font: 12 pt Formatted: Font: 12 pt The legal duration of each period of a penalty is determined by dividing the duration of the penalty by three periods. The quotient is then added to the start of the duration of each penalty. Formatted: Justified, Indent: Left: 0", Right: 0.48" Formatted: Indent: Left: 0.39" Illustration: Formatted: Indent: First line: 0" Prision mayor – 6 years and 1 day as minimum to 12 years as maximum. Formatted: Normal, Indent: Left: 1.39" Formatted: Font: 12 pt, Bold Step 1: Subtract the minimum / lower limit (disregarding 1 day) from the maximum / upper limit. Formatted: Font: 12 pt Thus: 12 years – 6 years = 6 years Formatted: Font: 22 pt Formatted: Indent: Left: 1.39" Formatted: Font: 12 pt Determining the legal duration of the minimum, medium and maximum periods of each penalty. Formatted: Right: 0.69" Step 2: Divide the difference of 6 years by 3 periods. The quotient iss Formatted: Font: 12 pt, Bold 2 years. Formatted: Font: 12 pt Formatted: Font: 12 pt Step 3: Add 2 years to the start of the minimum period of 6 years. The minimum period of prision mayor is 6 years and 1 day to 8 years; 1 day is added to the lower limit of the minimum period to distinguish it from the Formatted: Font: 12 pt, Bold Formatted: Font: 12 pt  maximum period of prision correccional. Step 4: To distinguish the lower limit of the medium period from the upper limit of the minimum period, add 1 day Formatted: Font: 12 pt, Bold to 8 years, which is the upper limit of the minimum period. Thereafter, add 2 years. The duration of the medium Formatted: Font: 12 pt period of prision mayor is 8 years and 1 day to 10 years. Formatted: Font: 16 pt Determining the legal duration of the minimum, medium and maximum periods Formatted: Justified, Indent: Left: 0.39", Right: 0.52" of each penalty. Formatted: Font: 12 pt Step 5: To get the maximum period, add 1 day to 10 years, which is the upper limit of the medium period of Formatted: Font: 12 pt, Bold prision mayor. Thereafter, add 2 years. The duration of the maximum period of prision mayor is 10 years and 1 Formatted: Font: 12 pt day to 12 years. The same formula and procedure are followed in computing Formatted: Font: 12 pt, Bold, Underline the duration of the period of the other penalties. Formatted: Indent: Left: 0" Formatted: Font: 12 pt, Bold, Underline Formatted: Left, Indent: Left: 0"  Rule in cases in which the Penalty is Not Composed of Three Periods (RPC, Article 65) In cases in which the penalty prescribed by law is not composed of three periods, the courts shall apply the rules contained Formatted: Font: 10 pt in the foregoing articles, dividing into three equal portions of time included in the penalty prescribed, and forming one period of each of the three portions. Formatted: Font: 10 pt Penalties with divisible duration, the periods of which are not expressly mentioned in Article 76 are called “penalties not Formatted: Normal, Justified, Indent: Left: 0.43", First composed of three periods”; since Article 76 has not fixed the duration of their periods, they must be computed in accordance with line: 1", Right: 0.27" Article 65. Under this provision, the time included in the duration of penalty shall be divided into three equal portions and periods shall be formed from each portion. The penalty for malversation under paragraph 2 of Article 217 of the RPC is prision mayor in its minimum and medium period. The range of this penalty is not found in Article 76. Considering that this penalty is not composed of three periods, the time included in the penalty prescribed should be divided into three equal portions, which each portion forming one period, pursuant to Article 65 (Zafra v. People, G.R. No. 176317, July 23, 2014, J. Bersamin). Formatted: Font: 10 pt Formatted: Normal, Justified, Indent: Left: 0.43", First line: 1", Right: 0.48" The duration of “prision mayor in its minimum and medium period” is 6 years and 1 day to 10 years. To determine “the time included in the duration,” deduct “one day” and the lower limit of the prescribed penalty from its upper limit. Formatted: Font: 11 pt Formatted: Font: 12 pt, Bold 10 years------------------upper limit -6 years and 1 day-----lower limit Formatted: Font: 10 pt, Bold -1. 4 years-------------------time included in the duration of penalty Formatted: Font: 10 pt Formatted: Indent: Left: 1.52" Fours years, which is “the time included in the duration” shall Formatted: Font: 12 pt be divided into three equal portions. Formatted: Font: 12 pt 4 years/3 = 1 year and 4 months-----1/3 portion of the Formatted: Font: 12 pt, Bold penalty Formatted: Font: 12 pt Formatted: Indent: Left: 1.43" The minimum, medium and maximum periods shall be formed out of 3 equal portions of the penalty. The time included in the duration of each period is 1 year and 4 months. Formatted: Font: 10 pt Formatted: Font: 12 pt  6 years Formatted: Font: 10 pt +1 year and 4 months 7 years and 4 months +1 year and