ANGELES UNIVERSITY FOUNDATION

PROFESSIONAL SCHOOLS
SCHOOL OF LAW
ANGELES CITY

WRITING ASSIGNMENT NO. 1

ON PENALTIES

CRIMINAL LAW 1 – SECTIONS A AND B

AUF PROFESSIONAL SCHOOLS
SCHOOL OF LAW

Please provide brief but exhaustive the answers to these questions citing
appropriate legal authorities, e.g. a provision of law, a decided case or a
commentary, as basis. No point will be given if the answer is not supported
by a provision of law or a decided case; commentaries or secondary
authorities will not be accepted as legal basis for the answers, unless there
is no applicable law or decided case. Write your answers in your own
handwriting in an elementary notebook with your full name and student
number; observe proper margins. The student is expected to personally
prepare and frame his/her own answers to these questions without the
support of his/her classmates, colleagues or any other individuals. Kindly
submit on 15 September 2021 no later than 11:59 p.m.. The student
should initially scan and upload his/her writing assignment through our
Canvas Course before midnight of 15 September 2021 and subsequently
coordinate with the class beadle for the compilation and submission of the
class notebooks to the AUF School of Law Administrative Office either by
personal delivery or by courier, specifically to: Mr. Ramil Tafalla, Room 212,
AUF Professional Schools Building, Angeles University Foundation,
MacArthur Highway, Angeles City 2009. This will be equivalent to 100
points in Class Performance.

1. What is a penalty? (2%)

2. What measures are not considered as penalties? (2%)

3. What is preventive imprisonment? Who are detention prisoners and

where are they detained? (2%)

4. Is preventive imprisonment included in the computation of the service

of the sentence in case the offender is eventually convicted? What are
the rules in the crediting of preventive imprisonment in the service of
the sentence? (4%)

5. What is the rule on provisional release of a detention prisoner and

who are disqualified from such benefit? (2%)
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6. What are the principal Constitutional and statutory limitations on the

imposition of a penalty? (4%)

7. When and how can a penalty be enforced or executed? (2%)

8. How are multiple penalties to be enforced or executed? What is the

three-fold rule? (4%)

9. Define and distinguish imposition and execution of penalties. (2%)

10. What are the principal penalties that may be imposed under the
Revised Penal Code and classify them based on gravity? (4%)

11. With regard to the penalty of fine, when is it considered as an

afflictive, correctional or light penalty? (2%)

12. What are the accessory penalties that may be imposed under the
Revised Penal Code? (4%)

13. What penalties are both principal and accessory penalties? (2%)

14. Is it necessary for the court to state in the dispositive portion of

his/her decision the principal and accessory penalties that he/she
has imposed on the convict? (2%)

15. Define and distinguish divisible and indivisible penalties. (2%)

16. Enumerate the divisible penalties and the indivisible penalties under
the Revised Penal Code. (2%)

17. State the duration of the principal penalties. (4%)

18. What is a degree? What is a period? (2%)

19. What are the legal periods of duration of divisible penalties? (2%)

20. Pursuant to Republic Act No. 7659, reclusion perpetua was given a
duration of from 20 years and 1 day to 40 years. Is reclusion perpetua
a divisible or an indivisible penalty? Provide your legal basis. (2%)

21. Has the death penalty been abolished? What is its status as a
penalty? (2%)

22. Is the death penalty a cruel, inhuman or degrading punishment? (2%)

23. Should we still include the death penalty in the graduated scale under
Article 71 of the Revised Penal Code? (4%)
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24. How can you reconcile the decision of the Supreme Court in People v.
Bon, G.R. No. 166401, 30 October 2006, with its decisions in People v.
Sarcia, G.R. No. 169641, 10 September 2009 and People v. Arpon,
G.R. No. 183563, 14 December 2011? (4%)

25. If Congress wants to reimpose the death penalty, what are the
Constitutional requirements? Please explain and describe the
requirements. (2%)

26. Is reclusion perpetua and life imprisonment the same? If not, what are
their differences? (4%)

27. What are the effects of perpetual absolute disqualification? (2%)

28. What are the effects of suspension? (2%)

29. What are the effects of civil interdiction? (2%)

30. Is bond to keep the peace the same as bond for good behavior? If not,
discuss their differences. (2%)

31. How is the penalty of destierro served? (2%)

32. Enumerate the instances where the penalty of destierro is imposed.

(2%)

33. Enumerate the instances where the penalty of public censure is

imposed. (2%)

34. What are the pecuniary liabilities? (2%)

35. What are the civil liabilities? (2%)

36. What is the order of preference in the payment and/or satisfaction of

the pecuniary and civil liabilities in case the accused/convict had no
sufficient funds or property? (2%)

37. What is subsidiary penalty? Can it be imposed even if it was not

included in the judgment of the court? (2%)

38. Discuss the primary rules in the imposition, computation and

execution of subsidiary penalty. (4%)

39. Where are the penalties of reclusion perpetua, reclusion temporal,

prison mayor, prision correccional and arresto mayor served and
executed? How about arresto menor? (2%)

40. What is community service? Is it imposed as a penalty? (2%)