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….
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…