1. Effects of penalties The following are the provisions for the effects of penalties. a. Perpetual or temporary absolute disqualification Article 30. Effects of the penalties of perpetual or temporary absolute disqualification. – The penalties of perpetual or temporary absolute disqualification for public office shall produce the following effects: 1. The deprivation of the public…
1. Computation of penalties The following are the provisions for the computation of penalties. a. In prison Article 28. Computation of penalties. – If the offender shall be in prison, the term of the duration of the temporary penalties shall be computed from the day on which the judgment of conviction shall have become final….
1. Duration of Penalties The following are the duration of penalties. a. Reclusion perpetua Article 27. Reclusion perpetua. – Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be considered by…
1. Concept a. Legal basis Article 25. Penalties which may be imposed. – The penalties which may be imposed according to this Code, and their different classes, are those included in the following: Scale ———- Principal Penalties ——————– Capital punishment: —————————————- Death. ——————– Afflictive penalties: —————————————- Reclusion perpetua, —————————————- Reclusion temporal, —————————————- Perpetual or temporary…
1. Penalties [T]here is no crime when there is no law punishing it (Nullum Crimen, nulla poena sine lege). (Peñalosa v. Ocampo, Jr., G.R. No. 230299, April 26, 2023, Per Leonen, SAJ.) a. Legal basis Article 21. Penalties that may be imposed. – No felony shall be punishable by any penalty not prescribed by law…
1. Concept Accessories – refers to those who did not directly participate in the commission of the crime but take part in the subsequent acts in certain and specific situations. a. Legal basis Article 19. Accessories. – Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either…
1. Concept Accomplices – refers to the those who are not principals but cooperated in the commission of the crime by previous or simultaneous acts. a. Legal basis Article 18. Accomplices. – Accomplices are those persons who, not being included in Article 17, cooperate in the execution of the offense by previous or simultaneous acts….
1. Concept Principals – refers to those who authored or directly participated in the commission of the crime. a. Legal basis Article 17. Principals. – The following are considered principals: 1. Those who take a direct part in the execution of the act; 2. Those who directly force or induce others to commit it; 3….
1. Concept Who are criminally liable – refers to the individuals who are considered accountable for a crime that has been committed. a. Legal basis Article 16. Who are criminally liable. – The following are criminally liable for grave and less grave felonies: 1. Principals. 2. Accomplices. 3. Accessories. The following are criminally liable for…
1. Concept Alternative circumstances – refers to circumstances wherein they may be appreciated as an aggravating circumstance or a mitigating circumstance depending on the conditions. a. Legal basis Article 15. Their concept. – Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the…