Title III. Chapter 4- Application of Penalties Flashcards
(94 cards)
1
Q
What is the general rule with regard to penalties prescribed in general terms? exceptions?
A
GR: penalty prescribed by law in general terms shall be imposed upon (1) the principals; (2) for consummated felony
Exception: when the law fixes a penalty for frustrated/ attempted felony OR when penalty to be imposed upon the principal in frustrated/ attempted felony is fixed by law
2
Q
What does graduation of penalties by degrees refer to? division of a divisible penalty refer to?
A
graduation of penalties by degrees refers to
(1) stages of execution (consummated, frustrated, attempted); and
(2) to the degree of criminal participation of the offender ( principal, accessory, accomplice)
division of a divisible penalty into 3 periods, as max, min, and med, refers to the proper period of the penalty which should be imposed when AC/ MC attend the commission of the crime
3
Q
How many crimes committed are contemplated in Art. 48 (complex crimes)?
A
at least 2 crimes; the two or more grave/ less grave felonies must be the result of a single act, or an offense must be a necessary means for committing the other
4
Q
How many crimes are constituted in a complex crimes?
A
although two or more crimes are actually committed, they constitute only one crime in the eyes of the law as well as the conscience of the offender;
offender has only one criminal intent
5
Q
What are the kinds of complex crime?
A
(1) compound crime – when a single act constitutes two/ more grave/ less grave felonies
(2) complex crime proper – when an offense is a necessary means for committing the other
6
Q
What are the requisites of a compound crime?
A
(1) that a single act is performed by the offender
(2) that the single act produces either
(a) 2/ more grave felonies;
(b) 2/ more less grave felonies; or
(c) 1/ more grave felonies & 1/ more less grave felonies
7
Q
When is there no single act?
A
when the acts are wholly different, although the acts were the result of a single criminal impulse
8
Q
What is the rule regarding light felonies produced by the same act?
A
(1) several light felonies resulting from 1 single act is not a complex crime, in which there are as many crimes as there are persons injured and as many penalties as there are light felonies committed
(2) light felonies may be absorbed by the grave felony
9
Q
If there is no conspiracy to perpetuate the killing, and there is impossibility in ascertaining the number of persons killed by the guilty persons, what is the rule?
A
collective criminal responsibility cannot be imputed upon the defendants, there being no conspiracy; it is therefore considered as a complex crime.
GR: “single criminal impulse”, “same motive”, or “single purpose” theory has no legal basis, for Art. 48 speaks of single act
Exception: it is acceptable when it is not certain who among the accused killed/ injured each of the several victims
Exception to the exception: there is conspiracy to perpetuate the killings
10
Q
Is Art. 48 applicable to crimes through negligence? special laws?
A
yes
no
11
Q
Requisites for Complex Crime Proper
A
(1) that at least 2 offenses are committed
(2) that one or some of the offenses must be necessary to commit the other
(3) that both/ all the offenses must be punished under the same statute
12
Q
Does the phrase “necessary means” mean “indispensable means”?
A
no, otherwise, it would become an indispensable element of the latter and would be an ingredient thereof
13
Q
In a complex crime, when the offender executes various acts, how many purpose must he have
A
he must have a single purpose
14
Q
When is there no complex crime?
A
(1) when trespass to dwelling is a direct means to commit a grave offense
(2) when the offense is committed to conceal the other
(3) where one of the offense is penalized by special laws
(4) when although 2 or more crimes are committed, is not by a single act, or one is not necessary means for committing the other
(5) when the definition of a felony one offense is a means to commit the other
(6) no complex crime of rebellion with murder, arson, robbery, or other common crimes because they are absorbed or inherent in the crime of rebellion
15
Q
What is the rule when two crimes produced by a single act are respectively within the exclusive jurisdiction of 2 courts of different jurisdiction?
A
the court of higher jurisdiction shall the try the complex crime
16
Q
What is the intention of Art. 48?
A
It is intended to favour the accused;
Reason: when 2 or more crimes are the result of a single act, the offender is deemed less perverse than when he commits said crimes through separate and distinct acts
17
Q
When can Art. 48 be applied?
A
it applies only to cases where the code does not provide a definite specific penalty for a complex crime
18
Q
How many informations should be filed for a complex crime?
A
one information should be filed for a complex crime
19
Q
How many informations should be filed for a complex crime?
A
one information should be applied
20
Q
When two felonies constituting a complex crime are punishable by imprisonment and fine, respectively, what penalty shall be imposed?
A
only the penalty for imprisonment should be imposed
21
Q
When two felonies constituting a complex crime are punishable by imprisonment and fine, respectively, what penalty shall be imposed?
A
only the penalty for imprisonment should be imposed
22
Q
Define Plurality of Crimes
A
it consists of the successive execution by the same individual of different criminal acts upon any of which no conviction has yet been declared
23
Q
Kinds of plurality of crimes
A
(1) formal/ ideal – only one criminal liability
(2) real/ material – different crimes in law as well as in the conscience of the offender; offender is punished for each and every offense that he committed
24
Q
Plurality of crimes vs Recidivism
A
R – there must be conviction by final judgment of the first/ prior offense
P – there is no conviction of any of the crimes committed
25
Define Continued crime
it is a single crime, consisting of series of acts but all arising from one criminal resolution;
it is a continuous, unlawful act, or series of acts set on foot by a single impulse and operated by an unintermittent force, however long a time it may occupy
26
Define Continued crime
it is a single crime, consisting of series of acts but all arising from one criminal resolution;
it is a continuous, unlawful act, or series of acts set on foot by a single impulse and operated by an unintermittent force, however long a time it may occupy
27
Is a continued crime a complex crime?
A continued crime is not a complex crime because the offender does not perform a single act, but a series of acts, and one offense is not a necessary means for committing the other
28
Is a continued crime a transitory crime?
No, a continued crime is different from a transitory crime;
in a transitory crime, a criminal action may be instituted and tried in the court of the municipality, city, or province wherein any of the essential ingredients thereof took place; the singleness of the crime, committed by executing two or more acts, is not considered
29
Rules as to the penalty to be imposed when the crime committed is different from that intended
(1) if penalty for felony committed > penalty for the intended felony
- - penalty for the latter shall be imposed, in its maximum period
(2) if penalty for felony committed < penalty for the intended felony
- - penalty for the former shall be imposed, in its maximum period
(3) if the act committed also constitutes an attempt/ frustration of another crime, and the law prescribes a higher penalty for either of the latter
- - penalty for the attempted/ frustrated crime shall be imposed in its max. period
30
What is the relation between art. 4 and art. 49?
art. 49 has reference to the provision of the 1st par of art 4;
art. 4 contemplates a crime different from what is actually intended; while the penalty to be imposed is governed by the rules of art. 49
31
When does Art. 49 (penalty to be imposed when crime committed is different from that intended) applies?
(1) there is a mistake in the identity of the victim;
| (2) intended crime and the crime actually committed are punished with different penalties
32
Art. 48 vs Art 49
48 -- penalty for the more/ most serious crime shall be imposed
49 -- lesser penalty is to be imposed
both -- to be applied in the maximum period
33
Is rule no.3 in art. 49 necessary?
no, because the cases contemplated may well be covered by art. 48
34
What is the penalty to be imposed upon principals of a frustrated crime?
penalty next lower in degree than that prescribed by law for the consummated felony
35
What is the penalty to be imposed upon principals of a attempted crime?
penalty lower by 2 degrees than that prescribed by law for the consummated felony
36
What is the penalty to be imposed upon accomplices of a consummated crime?
penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed
37
What is the penalty to be imposed upon accessories of a consummated crime?
penalty lower by 2 degrees than that prescribed by law for the consummated felony
38
What is the penalty to be imposed upon accomplices of a frustrated crime?
penalty next lower in degree than that prescribed by law for the frustrated felony
39
What is the penalty to be imposed upon accessories of a attempted crime?
penalty lower by 2 degrees than that prescribed by law for the frustrated felony
40
What is the penalty to be imposed upon accomplices of an attempted crime?
penalty next lower in degree than that prescribed by law for an attempt to commit a felony
41
What is the penalty to be imposed upon accessories of an attempted crime?
penalty lower by 2 degrees than that prescribed by law for an attempt to commit a felony
42
What are the basis for reduction of the penalty by one or two degrees?
penalty for:
(1) principals of a frustrated crime
(2) principals of attempted crime
(3) accomplices of a consummated felony
(4) accessories of a consummated felony
- -penalty prescribed by law for consummated felony
(5) accomplices in a frustrated crime
(6) accessories in an frustrated crime
- - penalty prescribed by law for frustrated felony
(7) accomplices in an attempt to commit a crime
(8) accessories in an attempt to commit a crime
- - penalty prescribed by law for attempted felony
43
What are the exceptions with regard to the rules established in Art. 50 to 57 ( penalty to be imposed upon principals, accomplices, accessories of frustrated...)
it shall not apply when the law expressly prescribes the penalty for a frustrated/ attempted felony, or to be imposed upon accomplices/ accessories
44
What are the bases for the determination of the extent of penalty to be imposed under the RPC?
(1) the stage reached by the crime in its development (attempted, frustrated, consummated)
(2) participations of the persons liable
(3) AC/ MC which attended the commission of the crime
* for 1 and 2, penalty is graduated by degree
* for 3, penalty is lowered/ increased by period only; except penalty is divisible, there are 2/ more MC, no AC, penalty lowered by a degree
45
What is a degree in relation to penalty?
it is one entire penalty, one whole penalty or one unit of penalties enumerated in the graduated scales provided in Art. 71
46
What is a period of a penalty?
one of the 3 equal portions, called the minimum, medium, and maximum, of a divisible penalty
*a period of a divisible penalty, when prescribed by the Code as a penalty for a felony, is in itself a degree
47
What are the additional penalties to be imposed upon public officers who are guilty as accessories under par. 3 of art. 19?
Why does this article limit its provisions to grave/ less grave felonies?
Public officers who help the author of the crime by misusing their office and duties shall suffer the additional penalties of:
(1) Absolute Perpetual Disq -- if principal offender is guilty of a grave felony
(2) Absolute Temporary Disq -- if the principal offender is guilty of a less grave felony
because it is not possible to have accessories liable for light felonies
48
What is the penalty for impossible crime?
What is the basis for imposition of such penalty?
Is the penalty proper?
(1) Arresto Mayor; or
(2) A fine ranging from P200 to P500
Basis:
(1) social danger
(2) degree of criminality shown by the offender
Yes, because it is only limited to those cases where the act performed would be a grave/ less grave felony
49
General Rule with regard to the penalty imposed upon an accomplice; Exceptions
GR: an accomplice is punished by a penalty one degree lower than the penalty imposed upon the principal
Exception:
Cases where the Code punishes accomplices with the same penalty imposed upon the principal:
(1) the ascendants, guardians, curators, teachers, and any person who by abuse of authority/ confidential relationship, shall cooperate as accomplices in the crimes of rape, acts of lasciviousness, seduction, corruption of minors, white slave trade or abduction
(2) one who furnished the place for perpetration of the crime of slight illegal detention
50
Give certain accessories that are punished with a penalty of one degree lower, instead of two degrees
(1) knowingly using counterfeited seal/ forged signature/ stamp of the President
(2) Illegal possession and use of a false treasury/ bank note
(3) using a falsified document
(4) using a falsified dispatch
51
What are the rules for graduating penalties?
(1) Penalty Prescribed [PP]: Single & Indivisible
- - penalty next lower in degree [PNLD]: that immediately following said indivisible penalty w/ respect to the graduated scale in art 71
(2) PP: Composed of 2 Indivisible / 1 or more Divisible to be imposed to their full extent
- - PNLD: that immediately following the lesser of the penalties
(3) PP: Composed of 1 or 2 Indivisible & max. of Divisible
- - PNLD: composed of med. and min periods of the proper DP & max. of that immediately following
(4) PP: Composed of Several Periods, corresponding to diff. penalties
- -PNLD: composed of period immediately following the min. prescribed & the 2 next following, w/c shall be taken from the penalty prescribed if possible, otherwise, from that immediately following
(5) PP: Not specially provided for in the 4 rules
- - the courts, proceeding by analogy, impose corresponding penalties upon those guilty as principals of frustrated, attempted, and upon accomplices and accessories
a) PP: Consists in 3 periods
- - PNLD: penalty consisting in 3 periods down in the scale
b) PP: 2 period
- - PNLD: penalty consisting in 2 periods down in the scale
c) PP: 1 period
- - PNLD: next period down in the scale
52
In graduating penalties, are MC/ AC considered?
no, only after the penalty next lower in degree is already determined that the MC/ AC will be considered
53
What are the effects of the attendance of AC/ MC/ of habitual delinquency?
(1) AC (generic & specific) have the effect of increasing the penalty, w/o however, exceeding the maximum provided by law
(2) MC have the effect of diminishing the penalty
(3) HB has the effect, not only of increasing the penalty because of recidivism, but also imposing an additional penalty
54
What are the rules regarding AC and MC with regard to the increased/ reduction of penalties?
(1) AC w/c constitute a crime punishable by law/ are included in defining a crime
- -not taken into account for the purpose of increasing penalty
Max penalty imposed:
(a) when the commission of the crime, advantage was taken by the offender of his public position
(b) if the offense was committed by any person who belongs to an organized/ syndicated crime group
(2) AC w/c are inherent in the crime
- - not taken into account for the purpose of increasing penalty
(3) AC/MC w/c arise from a) moral attributes of offender; b) private relations w/ offended party; c) from any other personal cause
- - aggravate/ mitigate the liability as to whom such circumstances are attendant
(4) AC/ MC w/c consist a) in the material execution of the act; or b) means employed to accomplish it
- - aggravate/ mitigate the liability of those persons who had knowledge of them at the time of execution of act or their cooperation
55
What is an organized/ syndicated crime group
means a group of 2 or more persons collaborating/ mutually helping one another for purposes of gain in the commission of any crime
56
Circumstances relating to persons participating in the crime vs. Circumstances consisting in the material execution/ means employed
PP -- do not affect all the participants in the crime; but only those to whom they particularly apply
ME -- have a direct bearing upon crim liab of all defendants who had knowledge thereof at the time of the crime, or their cooperation
57
Who is a habitual delinquent?
if w/in a period of 10 years from the date of his (last) release or last conviction of the crimes of serious/ less serious physical injuries, robo, hurto, estafa, falsification, he is found guilty of any of said crimes a 3rd time/ oftener
58
Requisites of HB
(1) that the offender had been convicted of any of the crime of serious/ less serious physical injuries, robbery, theft, falsification, or estafa
(2) that after conviction/ after serving his sentence, he again committed, and w/in 10 years from release or conviction, he was given convicted of any of said crimes for the 2nd time
(2) that after conviction/ after serving his sentence, he again committed, and w/in 10 years from release or conviction, he was given convicted of any of said crimes for the 3rd time or oftener
59
Rules for application of penalties w/ regard to HB
(1) 3rd conviction
- - sentenced to penalty for the last crime of w/c he be found guilty
- - additional penalty: prison correccional med. & max period
(2) 4th conviction
- - sentenced to penalty for the last crime of w/c he be found guilty
- - additional penalty: prison mayor min & med period
(3) 5th conviction/ additional conviction
- - sentenced to penalty for the last crime of w/c he be found guilty
- - additional penalty: prison mayor max to reclusion temporal min.
(4) total of the 2 penalties: at most 30 years
(5) subsequent crime must be committed after conviction of former crime
60
What is the reason for imposing additional penalty in HB? what is the purpose of the law?
if such graver punishment for committing the 2nd offense has proved insufficient to restrain his proclivities and to amend his life, he is deemed to have shown a dangerous propensity to crimes. Hence, he is punished with a severer penalty for committing any of those crimes the 3rd time/ oftener
to render more effective social defense and reformation of multirecidivists
61
What must be alleged in the information for HB
(1) the dates of the commission of the previous crimes
(2) date of last conviction/ release
(3) dates of other previous convictions/ releases
62
What is the effect of plea of guilty to an information for HB when allegations are insufficient?
What is the effect of failure to object to admission of decision showing dates of previous convictions?
not an admission that the offender is an HB, but only a recidivist
failure to alleged dates in the information is deemed cured where the accused did not object
63
HB vs. Recidivism
(1) As to crimes committed:
HB -- crimes are specified
R -- it is sufficient that accused on the date of trial shall have been previously convicted by final judgment of another crime embraced in the same title
(2) As to the number of crimes committed:
HB -- third time/ oftener
R -- at least 2
(3) As to their effects:
HB -- additional penalty is imposed
R -- if not offset by MC, increase the penalty to maximum
64
Can a convict be a habitual delinquent w/o being a recidivist?
yes; when no two of the crimes committed are embraced in the same title
65
Rules for the application of Indivisible Penalties
(1) P: Single Indivisible
- - applied regardless of MC/ AC
(2) P: composed of 2 Indivisible
a) 1 AC -- greater penalty imposed
b) No AC/MC -- lesser penalty imposed
c) 1 MC,no AC -- lesser penalty imposed
d) both MC/ AC -- offset one another; in consideration of their number and importance
66
GR with regard to reduction of penalty by degrees if penalty is composed of 2 indivisible; exception
GR: penalty cannot be lowered by one degree, no matter how many MC are present
Exception: when PMC under art. 68 (minor) / Art. 69 (not wholly excusable) is present
67
Rules for the application of penalties w/c contain 3 periods; and when are these rules not applicable
PP: contain 3 periods, Single Divisible / composed of 3 different penalties, each one of which forms a period
(1) No MC/ AC -- medium period
(2) only a MC -- minimum period
(3) only AC -- maximum period
(4) both AC/ MC -- offset, according to their relative weight
(5) 2/ more MC, no AC -- next lower in degree, proper period, according to number & nature of MC
(6) regardless of the number of AC -- penalty imposed should not be greater than that prescribed in its max period
(7) w/in limits of each period, courts shall determine the extent of penalty according to a) number and nature of AC/ MC and b) greater/ lesser extent of the evil produced by the crime
not applicable:
(1) indivisible penalties;
(2) penalties prescribed by special laws;
(3) fines
68
In what cases are MC/ AC not considered in imposition of penalties?
(1) penalty is single and indivisible
(2) felonies through negligence
(3) penalty imposed upon a Moro
(4) penalty is only a fine imposed by an ordinance
(5) penalties prescribed by special laws
69
What is the rule in cases which the penalty is not composed of 3 periods?
the courts shall apply the rules contained in the forgoing articles, dividing into 3 equal portions the time included in the penalty prescribed, forming one period of each 3 portions
70
What are the rules with regard to the imposition of fines?
(1) the court can fix any amount within the limits established by law
(2) the courts must consider:
a) MC/ AC
b) more particularly, wealth/ means of the culprit
other factors that may be considered:
(1) gravity/ seriousness of the crime committed
(2) heinousness of its perpetration
(3) magnitude of its effects on the victims
71
What is the rule when the minimum of the fine is not fixed by the law?
determination of the amount of fine to be imposed upon culprit is left to the sound discretion of the court, provided it does not exceed the maximum authorized by law
72
What is the penalty to be imposed if not all the requisites of the exempting circumstance of accident are present?
Penalty to be imposed:
(1) culprit guilty of grave felonies -- arresto mayor max to prision correccional min
(2) culprit guilty of less grave felonies -- arresto mayor min and med period
73
Define reckless imprudence; simple imprudence
R -- act is executed w/o taking the precautions/ measures which most common prudence would require
S -- mere lack of precaution in those cases where either threatened harm is not imminent/ danger is not openly visible
74
What is the penalty to be imposed when the crime committed is not wholly excusable? incomplete justifying and exempting circumstanfce
penalty lower by 1/ 2 degrees than that prescribed by law shall be imposed
* provided that majority of the conditions are present
75
Rules with regard to the successive service of sentence
(1) culprit has to served 2/ more penalties
- - serve them simultaneously if the nature of the penalties will so permit
(2) otherwise, order of their respective severity shall be follower
(3) 3 fold rule
- - max duration of convict's sentence shall not be more than 3 times the length of the most/ equal severe penalty
76
Rules with regard to the successive service of sentence
(1) culprit has to served 2/ more penalties
- - serve them simultaneously if the nature of the penalties will so permit
(2) otherwise, order of their respective severity shall be follower
(3) 3 fold rule
- - max duration of convict's sentence shall not be more than 3 times the length of the most/ equal severe penalty
- - at most 40 years
77
Severity of Penalties
```
Death
RP
RT
PM
PC
AMa
AMe
Des
PAQ
TAQ
Suspension
Public censure
```
78
when does the 3 fold rule applies?
only when the convict has to serve at least 4 sentences
79
What are the different systems of penalty relative the execution of 2/ more penalties
(1) material accumulation system
- - no limitation
- - all penalties for all the violation were imposed even if the reached beyond the natural span of life
(2) juridical accumulation system
- - limited to not more than 3-fold the length of time corresponding to the most severe
- - do not exceed 40 years
80
What are the different systems of penalty relative the execution of 2/ more penalties
(1) material accumulation system
- - no limitation
- - all penalties for all the violation were imposed even if the reached beyond the natural span of life
(2) juridical accumulation system
- - limited to not more than 3-fold the length of time corresponding to the most severe
- - do not exceed 40 years
81
Graduated Scale
```
Scale 1 -- personal penalties; deprivation of life and liberty
Death
RP
RT
PM
PC
AMa
Destierro
AMe
Public censure
fine
```
scale no 2 -- deprivation of political rights
PAD
TAD
Suspension from public office, right to vote and be voted for, profession/ calling
Public censure
fine
82
Must Destierro be applied only when it is specifically imposed by law?
No. Destierro may be imposed when it is the penalty next lower and the circumstances require the imposition of a penalty one degree lower
83
Compare Art. 25, Art. 70, Art. 71
25 -- penalties are classified into principal and accessory. principal is subdivided into capital, afflictive, correctional, light
-- destierro is above arresto menor
70 -- classifies penalties for the purpose of successive service of sentences, according to their severity
-- destierro is under arresto menor
71 -- provides for scales which should be observed in graduating the penalties by degrees
-- destierro is above arresto menor
84
What is the order of preference in the payment of civil liabilities?
civil liabilities of a person found guilty of 2/ more offenses shall be satisfied by following the chronological order of the dates of final judgments rendered against him, beginning with the 1st order of time
85
Presumption in regard to the imposition of accessory penalties
when the courts imposed a penalty which carries with it other penalties, it must be understood that the accessory penalties are also imposed upon the convict
86
What is the penalty higher than reclusion perpetua?
in cases which the law prescribes a penalty higher than another given penalty, without specifically designating the name for the former, if such higher penalty should be that of death
-- penalty next higher in degree: the same penalty & accessory penalties of art. 40
87
Can death be the penalty next higher in degree when it is not provided by law? why or why not?
Death cannot be the penalty next higher in degree when not provided by law
--because the penalty of death must be specifically imposed by law as penalty for a given crime
88
Rules for increasing/ decreasing penalty of fine by one/ more degrees
(1) increased/ reduced, respectively, for each degree, by 1/4 of the maximum amount prescribed by law, without however changing the minimum
(2) same rules shall apply with regard to fines that do not consist of a fixed amount, but are made proportional
89
When are fines graduated into degrees?
fines are graduated into degrees for the accomplices and accessories and for the principals in frustrated and attempted felonies
90
Fine with a minimum vs Fine w/o a minimum
(1) in both, law fixes a maximum of the fine
(2) w/ min -- court cannot change the minimum
w/o min -- court can impose any amount not exceeding such maximum
(3) w/ min -- court can impose higher penalty than maximum
w/o min -- cannot impose an amount higher than the maximum
91
Legal period for the duration of divisible penalties
shall be considered as divided into 3 parts, forming 3 periods, the minimum, medium, and maximum as shown in the table
92
Distinction between period and degree
period -- each of the 3 equal parts of a divisible penalty
| degree -- diverse penalties mentioned by name in the RPC
93
What is a complex penalty?
a penalty prescribed by law composed of 3 distinct penalties, each forming a period; the lightest shall be the minimum, the next the medium, and the most severe, the maximum period
94
Rules when the penalty is a complex one composed of 3 distinct penalties
(1) each one shall form a period; the lightest shall be the minimum, the next the medium, and the most severe, the maximum period
(2) when the penalty prescribed does not have any of the forms provided by the code
- - periods shall be distributed, applying by analogy the prescribed rules
