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Penalties

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Cheldy S, Elumba-Pableo
Cheldy S, Elumba-Pableo

1. Penalties are punishments imposed by lawful authority on those who commit deliberate or negligent acts. Judges can only interpret and apply laws and have no power to modify penalties determined by the legislature. 2. The nullum crimen nulla poena sine lege principle states that no crime can be punished unless the penalty was prescribed by law before the act was committed. Prospectivity rules mandate that penal laws only apply prospectively, except in certain cases. 3. Conditional pardons, probation, and the intermediate sentence law can partially extinguish criminal liability by releasing the convict subject to certain terms and allowing recommitment if terms are violated. Total extinction occurs through death, service of sentence, or other legal means.

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PENALTIES (UNDER RPC) BY; CHELDY S. ELUMBA-PABLEO,MPA,LLB CRIMINAL LAW I
PENALTIES Are punishment imposed by lawful authority upon person who commits a deliberate or negligent act. (PP vs Moran) Judges can only interpret and apply the law and have no authority to modify or revise their range as determined by the legislature. (PP vs Dela Cruz)
BASIS OF GENERALITY “ NULLUM CRIMEN NULLA POENA SINE LEGE”- no felony shall be punished by any penalty not prescribed by law prior to its commission. UNLESS, there is a law penalizing an act or omission, the offender cannot be penalized, no matter how reprehensible the act may be. This supplements the “EX POST FACTO” edict under the Constitution.
PROSPECTIVITY RULE Prospectively rule mandates that the penal laws shall have ONLY prospective application. Except in Art. 22 which provides retroactive effect. (They favour the person guilty who is NOT HABITUAL CRIMINAL)
PARDON Pardon of the offended---does not extinguish criminal liability. Pardon of the Chief Executive—extinguishes the criminal liability (if there is a judicial notice), Absence thereof (personal act)—void if given before trial.
PREVENTIVE SUSPENSION  PREVENTIVE SUSPENSION- (pending investigation) is not a penalty but a measure intended to enable the disciplining authority to investigate the charges against the respondent by preventing him to intimidate or influence the witnesses against him. (Gloria vs CA)  Not a penalty for it is not imposed as a result of judicial proceedings.  If ACQUITTED, the respondent is entitled to reinstatement and to the salaries and benefits he failed to received. (Santiago vs Sandigan Bayan)
PREVENTIVE IMPRISONMENT  PREVENTIVE IMPRISONMENT-(for detention prisoners) is for purpose of preventing the accused from going into hiding.  The accused is DETAINED if the offense is NOT bailable, or if bailable he cannot post bail and he is not qualified for recognizance.  No bail shall be granted for the offense punishable by reclusion perpetua when evidence of guilt is strong. (Sec. 3, Rule 114, Rules of Court)
BOND Bond for good behaviour (BGB) is a principal penalty which is not prescribed for any felony. Bond to keep the peace (BKP) is a penalty specially applicable to grave and light threat only. FAILURE to post BGB will make the accused suffer destierro. FAILURE to post BKP will supposedly make him suffer detention.
DISQUALIFICATION It is both principal and accessory penalty. PRINCIPAL when penalty is prescribed in Book II as a penalty for a particular crime. ACCESSORY penalty is when the principal penalty is attached is imposed.
PENALTIES  All prisoners whether under preventive detention or serving final sentence, cannot practice their profession or engage in any business or occupation, or hold office, elective or appointive as a necessary consequence of arrest and detention.  AS A MATTER OF LAW, when a person indicted for an offense is arrested, he is deemed placed under the custody of law.  He is placed in actual restraint of liberty in jail so that he may be bound to answer for commission of the offense.  Detained in jail during pendency of the case unless he is authorized by the court to be released on bail or on recognizance.
ABOLITION OF DEATH PENALTY R.A. 9346 –Death penalty was suspended via R.A. 9346, which was signed by Pres. Gloria Macapagal Arroyo on June 24, 2006. (rendered inoperative) The penalties of life imprisonment and reclusion perpetua (detention of indefinite length, usually for at least 30 years) replaced the death penalty.
SUBSIDIARY PENALTIES Takes place of the fine for insolvent convicts. It may be in a form of imprisonment or deprivation of right depending upon the principal penalty imposed on the convict. It is embodied in the judgment. Absence of the accused cannot be compelled. If monetary/economic status allows already---still collectible
SUBSIDIARY LIABILITIES BASIS: the employer-employee relationship PERSONS SUBSIDIARY LIABLE: 1. Innkeepers, Taverns-keepers and Proprietors of establishments 2. Employers, teachers, persons and corporations engaged in any kind of industry.
PROBATION  Is a special privilege granted by the state to qualified offenders.  It is a mere privilege not a right. Its benefits cannot extend to those expressly excluded.  An act of grace and clemency or immunity conferred by the state which may be granted by the court to seemingly deserving defendant who thereby escapes the extreme rigors of penalty imposed by the law for the offense.
TOTAL EXTINCTION 1. Death of conviction 2. Service of sentence 3. Amnesty (erased—needs judicial notice) 4. Absolute pardon (given before judgment is void) 5. Prescription of time (penalty imposed that of the code) 6. Prescription of penalty (penalty imposed by the courts) 7. Marriage of the offended woman under Art. 266-C 8. Express repeal of penal law (act decriminalized)
PARTIAL EXTINCTION 1. Conditional Pardon 2. Commutation of sentence 3. Good conduct allowance 4. Parole under the Intermediate Sentence Law 5. Probation under PD 968 6. Implied repeal or amendment of penal law lowering the penalty
DEATH  Death of convict EXTINGUISHES criminal liability at any stage of the proceeding  CIVIL LIABILITY– if death occurs BEFORE final judgment. (reason: penalty requires personal service or sentence.)  If death occurs there will be nobody to serve the penalty.  FINAL JUDGMENT---refers to executory judgment. (PP vs Bayotas)
DISTINCTION AMNESTY PARDON Application 1. Generally to political crimes and offenders 1. Generally to ordinary crimes and offenders Effects on convicts 2. Obliterates the effects of conviction as if the act were not criminal 2. Relieves the offender of penalty but the effects of conviction stay. Congress 3. Concurrence required 3. Concurrence not needed When given 4. Even before conviction 4. After final conviction To whom given 5. Usually to a class of persons 5. To a specific individual nature 6. Public act of the President 6. Private act of the President Evidentiary value 7. Judicial notice, mandatory on courts 7. No judicial notice, must be pleaded and proved
CONDITIONAL PARDON Is in a nature of a contract between the Chief Executive and the convict to the effect that the former will release the latter subject to the condition that if he does not comply with terms of the pardon. Recommitted to prison to serve the unexpected portion of the sentence or an additional one. (Alvarez vs Dir. of Prison, 80 Phil. 50) When granted does not extinguish the civil liability arising from the crime. (Monsanto vs Factoran), (PP vs Nacional)
CONDITIONAL PARDON EXTENDED TO THE CONVICT IN 3 WAYS: 1. Through the operation of the Intermediate Sentence Law. 2. Through the grant of probation under the Probation Law. 3. Through the exercise of the President motu propio of the power under the Constitution
CONDITIONAL PARDON When VIOLATED, the offender is considered in evasion of the service of his sentence and shall be: 1. Rearrested and reincarnated by order of the President under Revised Administrative Code. 2. Prosecuted under Art. 159. When the penalty remitted is 6 years and below, there will be an additional penalty; over 6 years, the remaining sentence shall be served without additional penalty for the evasion.
HABEAS CORPUS  Is not the remedy of the incarcerated Pardonee.  It lies only where the restraint of a person’s liberty has been judicially adjudged as illegal or unlawful.  Ultimately, solely vested in the Chief Executive, who in the first place the exclusive author of the conditional pardon and of its revocation. Courts have no authority to interfere with the grant of the President of a pardon to a convicted criminal. (id.)
RESTITUTION Is the return of thing itself whenever possible. 2 PECUNIARY LIABILITIES: 1. Restitution or REPARATION—shall only be made if restitution is not possible. 2. Indemnification (for consequential damages)—shall include not only the injured party but also those suffered by his family or by a 3rd person by reason of the crime. (Art. 2206,2219)
ARTICLE 345, PROVIDES: Person guilty of rape, seduction, or abduction shall be sentenced to: 1. Indemnify the offended woman 2. Acknowledge the offspring UNLESS the law should prevent him from doing so 3. In every case to support the offspring
THANK YOU FOR READING! CHELDHAYE

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Penalties

  • 1. PENALTIES (UNDER RPC) BY; CHELDY S. ELUMBA-PABLEO,MPA,LLB CRIMINAL LAW I
  • 2. PENALTIES Are punishment imposed by lawful authority upon person who commits a deliberate or negligent act. (PP vs Moran) Judges can only interpret and apply the law and have no authority to modify or revise their range as determined by the legislature. (PP vs Dela Cruz)
  • 3. BASIS OF GENERALITY “ NULLUM CRIMEN NULLA POENA SINE LEGE”- no felony shall be punished by any penalty not prescribed by law prior to its commission. UNLESS, there is a law penalizing an act or omission, the offender cannot be penalized, no matter how reprehensible the act may be. This supplements the “EX POST FACTO” edict under the Constitution.
  • 4. PROSPECTIVITY RULE Prospectively rule mandates that the penal laws shall have ONLY prospective application. Except in Art. 22 which provides retroactive effect. (They favour the person guilty who is NOT HABITUAL CRIMINAL)
  • 5. PARDON Pardon of the offended---does not extinguish criminal liability. Pardon of the Chief Executive—extinguishes the criminal liability (if there is a judicial notice), Absence thereof (personal act)—void if given before trial.
  • 6. PREVENTIVE SUSPENSION  PREVENTIVE SUSPENSION- (pending investigation) is not a penalty but a measure intended to enable the disciplining authority to investigate the charges against the respondent by preventing him to intimidate or influence the witnesses against him. (Gloria vs CA)  Not a penalty for it is not imposed as a result of judicial proceedings.  If ACQUITTED, the respondent is entitled to reinstatement and to the salaries and benefits he failed to received. (Santiago vs Sandigan Bayan)
  • 7. PREVENTIVE IMPRISONMENT  PREVENTIVE IMPRISONMENT-(for detention prisoners) is for purpose of preventing the accused from going into hiding.  The accused is DETAINED if the offense is NOT bailable, or if bailable he cannot post bail and he is not qualified for recognizance.  No bail shall be granted for the offense punishable by reclusion perpetua when evidence of guilt is strong. (Sec. 3, Rule 114, Rules of Court)
  • 8. BOND Bond for good behaviour (BGB) is a principal penalty which is not prescribed for any felony. Bond to keep the peace (BKP) is a penalty specially applicable to grave and light threat only. FAILURE to post BGB will make the accused suffer destierro. FAILURE to post BKP will supposedly make him suffer detention.
  • 9. DISQUALIFICATION It is both principal and accessory penalty. PRINCIPAL when penalty is prescribed in Book II as a penalty for a particular crime. ACCESSORY penalty is when the principal penalty is attached is imposed.
  • 10. PENALTIES  All prisoners whether under preventive detention or serving final sentence, cannot practice their profession or engage in any business or occupation, or hold office, elective or appointive as a necessary consequence of arrest and detention.  AS A MATTER OF LAW, when a person indicted for an offense is arrested, he is deemed placed under the custody of law.  He is placed in actual restraint of liberty in jail so that he may be bound to answer for commission of the offense.  Detained in jail during pendency of the case unless he is authorized by the court to be released on bail or on recognizance.
  • 11. ABOLITION OF DEATH PENALTY R.A. 9346 –Death penalty was suspended via R.A. 9346, which was signed by Pres. Gloria Macapagal Arroyo on June 24, 2006. (rendered inoperative) The penalties of life imprisonment and reclusion perpetua (detention of indefinite length, usually for at least 30 years) replaced the death penalty.
  • 12. SUBSIDIARY PENALTIES Takes place of the fine for insolvent convicts. It may be in a form of imprisonment or deprivation of right depending upon the principal penalty imposed on the convict. It is embodied in the judgment. Absence of the accused cannot be compelled. If monetary/economic status allows already---still collectible
  • 13. SUBSIDIARY LIABILITIES BASIS: the employer-employee relationship PERSONS SUBSIDIARY LIABLE: 1. Innkeepers, Taverns-keepers and Proprietors of establishments 2. Employers, teachers, persons and corporations engaged in any kind of industry.
  • 14. PROBATION  Is a special privilege granted by the state to qualified offenders.  It is a mere privilege not a right. Its benefits cannot extend to those expressly excluded.  An act of grace and clemency or immunity conferred by the state which may be granted by the court to seemingly deserving defendant who thereby escapes the extreme rigors of penalty imposed by the law for the offense.
  • 15. TOTAL EXTINCTION 1. Death of conviction 2. Service of sentence 3. Amnesty (erased—needs judicial notice) 4. Absolute pardon (given before judgment is void) 5. Prescription of time (penalty imposed that of the code) 6. Prescription of penalty (penalty imposed by the courts) 7. Marriage of the offended woman under Art. 266-C 8. Express repeal of penal law (act decriminalized)
  • 16. PARTIAL EXTINCTION 1. Conditional Pardon 2. Commutation of sentence 3. Good conduct allowance 4. Parole under the Intermediate Sentence Law 5. Probation under PD 968 6. Implied repeal or amendment of penal law lowering the penalty
  • 17. DEATH  Death of convict EXTINGUISHES criminal liability at any stage of the proceeding  CIVIL LIABILITY– if death occurs BEFORE final judgment. (reason: penalty requires personal service or sentence.)  If death occurs there will be nobody to serve the penalty.  FINAL JUDGMENT---refers to executory judgment. (PP vs Bayotas)
  • 18. DISTINCTION AMNESTY PARDON Application 1. Generally to political crimes and offenders 1. Generally to ordinary crimes and offenders Effects on convicts 2. Obliterates the effects of conviction as if the act were not criminal 2. Relieves the offender of penalty but the effects of conviction stay. Congress 3. Concurrence required 3. Concurrence not needed When given 4. Even before conviction 4. After final conviction To whom given 5. Usually to a class of persons 5. To a specific individual nature 6. Public act of the President 6. Private act of the President Evidentiary value 7. Judicial notice, mandatory on courts 7. No judicial notice, must be pleaded and proved
  • 19. CONDITIONAL PARDON Is in a nature of a contract between the Chief Executive and the convict to the effect that the former will release the latter subject to the condition that if he does not comply with terms of the pardon. Recommitted to prison to serve the unexpected portion of the sentence or an additional one. (Alvarez vs Dir. of Prison, 80 Phil. 50) When granted does not extinguish the civil liability arising from the crime. (Monsanto vs Factoran), (PP vs Nacional)
  • 20. CONDITIONAL PARDON EXTENDED TO THE CONVICT IN 3 WAYS: 1. Through the operation of the Intermediate Sentence Law. 2. Through the grant of probation under the Probation Law. 3. Through the exercise of the President motu propio of the power under the Constitution
  • 21. CONDITIONAL PARDON When VIOLATED, the offender is considered in evasion of the service of his sentence and shall be: 1. Rearrested and reincarnated by order of the President under Revised Administrative Code. 2. Prosecuted under Art. 159. When the penalty remitted is 6 years and below, there will be an additional penalty; over 6 years, the remaining sentence shall be served without additional penalty for the evasion.
  • 22. HABEAS CORPUS  Is not the remedy of the incarcerated Pardonee.  It lies only where the restraint of a person’s liberty has been judicially adjudged as illegal or unlawful.  Ultimately, solely vested in the Chief Executive, who in the first place the exclusive author of the conditional pardon and of its revocation. Courts have no authority to interfere with the grant of the President of a pardon to a convicted criminal. (id.)
  • 23. RESTITUTION Is the return of thing itself whenever possible. 2 PECUNIARY LIABILITIES: 1. Restitution or REPARATION—shall only be made if restitution is not possible. 2. Indemnification (for consequential damages)—shall include not only the injured party but also those suffered by his family or by a 3rd person by reason of the crime. (Art. 2206,2219)
  • 24. ARTICLE 345, PROVIDES: Person guilty of rape, seduction, or abduction shall be sentenced to: 1. Indemnify the offended woman 2. Acknowledge the offspring UNLESS the law should prevent him from doing so 3. In every case to support the offspring
  • 25. THANK YOU FOR READING! CHELDHAYE