ARTICLES 40-45

Question 1

T or F
Every penalty imposed for the commission of a
felony shall carry wit h it the forfeiture of the proceeds of the crime and the instruments or tools with which it was committed.
Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government, unless they be the property of a third person not liable for the offense, but those articles which are not subject of lawful commerce shall be destroyed.

Answer 1

True. Art 45

Question 2

T or F
Articles which are forfeited, when the order of forfeiture is already final, cannot be returned even in case of an acquittal.

Answer 2

True.

Question 3

T or F
Whenever the law prescribes a penalty for a felony in
general terms, it shall be understood as applicable to the consummated felony .

Answer 3

True.

The exception is when the penalty to be imposed upon the principal in frustrated or attempted felony is fixed by law.

Question 4

T or F
Article 49 which provides for rules as to the penalty to be imposed when the crime committed is different from that intended, is applicable only to cases involving praeter intentionem.

Answer 4

FALSE. Art 49 is applicable only in cases of ERROR IN PERSONAE.

Art 49 is not applicable to praeter intentionem because it is already covered in Article 13 as a mitigating circumstance.

Question 5

T or F
Article 49 which provides for rules as to the penalty to be imposed when the crime committed is different from that intended, is applicable only to cases involving aberratio ictus.

Answer 5

FALSE. Art 49 is applicable only in cases of ERROR IN PERSONAE.

Art 49 is not applicable to aberratio ictus because the same involves a complex crime, which is covered by Article 48.

Question 6

How is Article 49 applied?

Answer 6

The penalties of the intended crime and the crime actually committed are compared. The lower between the two will be imposed but in its maximum period.

Question 7

Abdul wanted to kill Rashid, his friend, but instead killed Muhammed, his father. He mistook Muhammed for Rashid.

The penalty for parricide is reclusion perpetua
The penalty for homicide is reclusion temporal

What penalty shall be applied?

Answer 7

Applying Article 49, since in this case there is error in personae, the penalty shall be the one lower between the two crimes but in its maximum period, therefor the penalty is Reclusion temporal in its maximum period.

Question 8

Differentiate period and degree.

Answer 8

Period - refers to the minimum, medium, and maximum portions of a degree.

Degree - refers to the general penalties in the graduated scale.

Question 9

T or F

Each penalty prescribed by law for every felony is considered a degree.

Answer 9

True.

Question 10

T or F
If the penalty provided by law is composed of 2 periods, such 2-period penalty is deemed as 1 degree and the penalty next lower in degree should be composed of 2 periods also.

Answer 10

True.

Question 11

T or F
If the penalty is composed of 1 period only, such 1 period penalty is deemed as 1 degree and the penalty next lower in degree should be composed of 1 degree also.

Answer 11

True.

Question 12

T or F
If the penalty is composed of 1 indivisible penalty and the maximum period of a divisible penalty, the penalty next lower in degree shall be the minimum and medium period of the divisible penalty and the maximum period of the immediately following degree.

Answer 12

True.
If the penalty is reclusion temporal maximum to reclusion perpetua, the penalty lower shall be (Prision mayor maximum to reclusion temporal medium).

Question 13

T or F
When the penalty is composed of at least 3 periods corresponding to a different divisible penalties, the penalty next lower in degree is the penalty consisting of 3 periods down in the scale.

Answer 13

True.
If the penalty is prison mayor medium to reclusion temporal medium, the degree lower that is prison correcional medium to prison mayor minimum.

Question 14

T or F
When the penalty is composed of at 2 periods, the penalty next lower in degree is the penalty consisting of 2 periods down in the scale.

Answer 14

True.
If the penalty is prision correcional minimum to medium, then one degree lower that shall be arresto mayor medium to maximum.

Question 15

When the penalty is composed of only 1 period, the penalty next lower in degree is the next period down in the scale.

Answer 15

True.

If the penalty is prision correcional minimum, the penalty in degree lower is Arresto mayor maximum

Question 16

T or F
If a public official acts as an accomplice and abuses their public functions, and the principal to the crime commits a grave felony, the public official shall suffer an additional penalty of absolute perpetual disqualification.

Answer 16

False. If a public official acts as an ACCESSORY (FALLING UNDER ARTICLE 19 PAR 3) and abuses their public functions, and the principal to the crime commits a grave felony, the public official shall suffer an additional penalty of absolute perpetual disqualification.

Question 17

T or F
If a public official acts as an accessory and abuses their public functions, and the principal to the crime commits a less grave felony, the public official shall suffer an additional penalty of absolute perpetual disqualification.

Answer 17

FALSE
If a public official acts as an accessory and abuses their public functions, and the principal to the crime commits a less grave felony, the public official shall suffer an additional penalty of absolute TEMPORARY disqualification.

Note:
If principal commits:
Less grave felony - public official as accessory suffers an additional penalty of absolute TEMPORARY disqualification

Grave felony - public official as accessory suffers an additional penalty of absolute PERPETUAL disqualification

Question 18

T or F
Articles 50-57 providing the reduction in penalties for principals, accomplices and accessories depending on the execution stage of a crime shall not apply when the law specifically provides a penalty thereof.

Answer 18

True.

Question 19

What is the penalty for impossible crimes?

Answer 19

Article 59 provides ARRESTO MAYOR OR A FINE RANGING FROM 200 TO 500 PESOS

The fine will depend on the:

1. SOCIAL DANGER
2. DEGREE OF CRIMINALITY SHOWN BY OFFENDER