PENALTIES

Penalty- is the suffering that is inflicted by the State for the o Example: Those inflicted at the whipping
transgression of a law post, or in pillory, burning at the stake,
 Penalty in its general sense signifies pain; especially breaking on the wheel, and the like.
considered in the juridical sphere, it means suffering
undergone because of the action of human society, by Art. 21. Penalti es that may be imposed. — No
one who commits a crime. felony shall be punishable by any penalty not
prescribed by law prior to its commission.
Different juridical conditions of penalty:
 Productive of suffering – w/o affecting the integrity  The article generally prohibits the Government from
of the human personality punishing any person for any felony with any penalty
 Commensurate with the offense – different crimes, which has not been prescribed by the law.
different penalties  Art 21 does not apply to the Revised Penal Code
 Personal – No one should be punished for the crime o Why? Every felony in the RPC has a
of another corresponding penalty
 Legal – consequence of a judgment according to law  Art 21 may only be invoked where no penalty has
 Certain – no one may escape its effects. been prescribed by law.
 Equal for all  Art 21 is NOT a penal provision.
 Correctional o Why? It does not define or provide a
punishment for a crime.
Purpose of Punishment o It simply announces the policy of the
 To secure justice - rests primarily on the moral Government with reference to the
rightfulness of the punishment inflicted. punishment of alleged criminal acts.
Reason for the Provision
Purpose of Penalty under the RPC  An act or omission cannot be punished by the State if
 Retribution or expiation - penalty is commensurate at the time it was committed there was no law
w/ the gravity of the offense prohibiting it.
 Correction or reformation - as shown by the rules o Why? A law cannot be rationally obeyed
which regulate the execution of the penalties unless it is first shown, and a man cannot be
consisting in deprivation of liberty. expected to obey an order that has not been
 Social defense — shown by its inflexible severity to given.
recidivists and habitual delinquents.
Art. 22. Retroacti ve eff ect of penal laws – Penal
Theories Justifying Penalty: laws shall have retroacti ve eff ect insofar as they
 Prevention – suppress danger to the State favour the person guilty of a felony, who is not
 Self-defense – protect society from the threat and a habitual criminal, as this term is defi ned in
wrong inflicted by the criminal
Rule 5 of Arti cle 62 of this Code, although at the
 Reformation- object of punishment in criminal cases
is to correct and reform the offender ti me of the publicati on of such laws a fi nal
 Exemplarity – criminal will serve as an example to sentence has been pronounced and the convict
deter others from committing crimes. is serving the same.
 Justice- retributive justice, a vindication of absolute
right and moral law violated by the criminal.  Art. 22 generally does not apply to the RPC
*JPRES o EXCEPTION: it may be invoked where
Constitutional Restriction on Penalties some former or subsequent law is under
 Excessive fines shall not be imposed, nor cruel and consideration.
unusual punishment inflicted. o It must necessarily relate to
o Cruel and unusual - when it is so  Penal laws existing BEFORE RPC
disproportionate to the offense committed as  Penal laws enacted AFTER RPC
to shock the moral sense of all reasonable o Art 22 may also be invoked when
men as to what is right and proper under the amendments to the RPC or later special
circumstances. penal laws have been made.
 General rule: Give criminal laws PROSPECTIVE
effect
 o EXCEPTION: Give criminal laws o Crime has been committed and prosecution
RETROACTIVE effect when favourable to begins
the accused o Sentence has been passed but service has not
o Exception applied to a law dealing w/ begun
prescription of a crime o The sentence is being carried out
 What does this mean? When a new
law reduced the prescription period Habitual delinquent
of criminal actions or establishes  A person shall be deemed to be a habitual delinquent
easier requirements to give the if within a period of ten years from the date of his
prescription effect, the reduction release or last conviction of the crimes of serious or
conceded by the new law implies less serious physical injuries, robbery, theft, estafa, or
an acknowledgement on the part of falsification, he is found guilty of any said crimes a
the sovereign power that the more third time or oftener. (last paragraph of Rule 5, Art.
severe requirements of the former 62)
law were unjust.
o Why is there an exception? The sovereign Retroactivity does not apply to Civil Liability
would be inconsistent if it would still  Ex: A new law reduced the civil indemnity from Php
enforce its right under conditions of the 3,000 to Php 1,000. Retroactivity won’t apply.
former law, which has already been regarded  New law INCREASING civil liability cannot be
by conscientious public opinion as given retroactive effect.
juridically burdensome. o If the penalty increased na, you have no
o Express provision of a new law that it shall choice but to pay. You can’t do anything
not be given retroactive effect shall be about it.
followed Both laws must refer to the same deed or omission, having
 Ex: RA No. 4661 reducing period the same end.
of prescription for libel from 1 year  Old and new law punishes SAME deed and omission.
to 2 years. Law expressly provided
that it shall not apply retroactively Rule applied to special laws
to pending cases  Art 22 are applicable to special laws, provided that
 Retroactivity + Unfavorable to accused = violation of they are favourable to the accused.
the constitutional inhibition as to ex post facto law.
 Ex post fact laws: RA No. 9346 – abolition of death penalty – given
o makes criminal an act done before the retroactive effect.
passage of the law and which was innocent
when done, and punishes such an act Art 22 and Art 366 compared
o aggravates a crime, or makes it greater than These two articles mean that while felonies and misdemeanors
it was, when committed committed prior to the date of effectiveness of the Revised
o changes the punishment and inflicts a Penal Code shall be punished in accordance with the Code or
greater punishment than the law annexed to Acts in force at the time of their commission, the same should
the crime when committed not be the case if such Code or Acts are unfavorable to the
o alters the legal rules of evidence, and guilty party, for the general principle on the retroactivity of
authorizes conviction upon less or different favorable penal laws, recognized in Art. 22, sho
testimony than the law required at the time auld then apply.
of the commission of the offense
o assuming to regulate civil rights and Lagrimas Case v Tamayo Case
remedies only, in effect imposes penalty or  Lagrimas – a total elimination of a criminal act in a
deprivation of a right for something which new law does not have a pardoning effect on former
when done was lawful acts
o deprives a person accused of a crime of  Tamayo- new law absolutely eliminates liability for
some lawful protection to which he has an act that was criminal in an old law.
become entitled, such as the protection of a  Rule: When the repeal is by reenactment, the court
former conviction or acquittal, or a has jurisdiction to try and punish an accused person
proclamation of amnesty. under the old law.
*MACAAD  Rule: criminal liability under former law is
 Art. 22 applies even if convict is already serving obliterated when the repeal is ABSOLUTE (Tamayo
sentence. case)
 Three situation where Art. 22 applies
When does criminal liability under repealed law subsist?
 When provisions of the former law are re-enacted
(Lagrimas)
 When repeal is by implication
 Where there is a saving clause

Jurisdiction of the Courts – No Retroactive Effect

 When the repeal is by reenactment, the court has
jurisdiction to try and punish an accused person under
the old law.
 The jurisdiction of the courts in criminal cases is
determined by the allegations of the complaint or
information, and not by the findings the court may
make after trial.

General Rules
 Only that penalty prescribed by law prior to the
commission of the felony may be imposed. (Art 21)
 Felonies are punishable under the laws in force at the
time of their commission. (Art. 366)
 But the penalty prescribed by a law enacted after the
commission of the felony may be imposed, if it is
favorable to the offender. (Art. 22)

Art. 23. Eff ect of pardon by the off ended party.

— A pardon by the off ended party does not
exti nguish criminal acti on except as provided in
Arti cle 344 of this Code; but civil liability with
regard to the interest of the injured party is
exti nguished by his express waiver.

Pardon by the offended party does not extinguish criminal

action
 Why? A crime against the STATE not just the
offended party
 Only Chief Executive can pardon the offenders

Compromise does not extinguish criminal liability