1. Concept Aggravating circumstances – refers to circumstances which increases the criminal penalties for the offense/crime committed by the accused. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 1. That advantage be taken by the offender of his public position. 2. That the crime be committed in contempt or with…
1. Concept Insult or disrespect, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender committed the crime with insult or completely disrespected the offended party on account of his/her rank, age, or sex. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 3….
1. Concept Public position, as an aggravating circumstance under the Revised Penal Code – refers to the circumstance when the offender took advantage of his being a public officer or employee in the commission of the crime. a. Legal basis Article 14. Aggravating circumstances. – The following are aggravating circumstances: 1. That advantage be taken…
1. Person civilly liable for felonies a. Civil liability of a person guilty of felony Article 100. Civil liability of a person guilty of felony. – Every person criminally liable for a felony is also civilly liable. (Revised Penal Code) b. Rules regarding civil liability in certain cases Article 101. Rules regarding civil liability in…
1. Total Extinction of Criminal Liability a. How criminal liability is totally extinguished Article 89. How criminal liability is totally extinguished. – Criminal liability is totally extinguished: 1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender…
1. General provisions a. When and how a penalty is to be executed Article 78. When and how a penalty is to be executed. – No penalty shall be executed except by virtue of a final judgment. A penalty shall not be executed in any other form than that prescribed by law, nor with any…
1. Common provisions The following are common provisions for the following sections under Chapter 4 on Application of Penalties, Title III, Book I, Revised Penal Code: 1) Section One on Rules for the application of penalties to the persons criminally liable and for the graduation of the same (A46 to 61 RPC); and 2) Section…
Preliminary The provisions herein are subject to common provisions. See: Common provisions re application of penalties, A73-77 Revised Penal Code 1. Application of penalties re mitigating and aggravating circumstances, habitual delinquency Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with…
Preliminary The provisions herein are subject to common provisions. See: Common provisions re application of penalties, A73-77 Revised Penal Code 1. Offenders NB: There are exceptions to the application of rules A50 to A57 Article 60. Exception to the rules established in Articles 50 to 57. – The provisions contained in Articles 50 to 57,…
1. Inherent accessory penalties The following are the provisions on penalties in which other accessory penalties are inherent. a. Death Article 40. Death; Its accessory penalties. – … NB: R.A. 9346 (2006) prohibited the imposition of the death penalty. b. Reclusion perpetua and reclusion temporal Article 41. Reclusion perpetua and reclusion temporal; Their accessory penalties….