Mandanas, Gabriel N.

BS Crim 3A5 WED 10:30-1:30PM CRIM LAW1

Essay (10 points each)

1. State the effect of imposition of RA 9346 in the Capital Punishment of Death.

2. Distinguish Compound and Complex Crime.
3. Distinguish Degree of penalty and Period of Divisible Penalty.
4. Juan hit Pedro’s car, resulting in several light injuries and light felony of damage to
property. Did Juan committed Complex Crime?

ANSWER:

1. When then-President Gloria Macapagal-Arroyo signed Republic Act No. 9346, commonly known as An
Act Prohibiting the Imposition of the Death Penalty in the Philippines, in June 2006, the Philippines
abolished death punishment.

The death sentence, according to Arroyo, should be abolished since it has failed to discourage crime and
has devolved into a dead-letter legislation. The death sentence was reduced to life imprisonment under
RA 9346.

2. Compound Crime is one where a single act produces two or more crime. And complex crime is
technically speaking, it is one which the criminal must commit a crime in order to commit another crime.
The offense is said to be committed as a necessary means of committing the other offense. Necessary
should not be interpreted as essential , other wise it will be absorbed and will not result in a
complicated.

In article 48 of the revised penal code deals with both compound and complicated crimes. However a
compound crime is also referred to as a complex crime in this article, although complex crime are
confined to situation in which the resultant felonies are grave and less grave felonies
In a compound crime, however the severity of the subsequent crime is unrestricted as long as single
conduct result in two or more offenses. Compound crime strictly speaking are not restricted to grave or
less grave felonies but rather include any single conduct that result in two or more crime.

3.

* Degree of penalty

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 the Chief Executive as unworthy of pardon.

Reclusion temporal. - The penalty of reclusion temporal shall be from twelve years and one day to
twenty years.

Prison mayor and temporary disqualification. - The duration of the penalties of prision mayor and
temporary disqualification shall be from six years and one day to twelve years, except when the penalty
of disqualification is imposed as an accessory penalty, in which case its duration shall be that of the
principal penalty.

Prision correccional, suspension, and destierro. — The duration of the penalties of  prision correccional,
suspension and destierro shall be from six months and one day to six years, except when suspension is
imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty.
Arresto mayor. - The duration of the penalty of arresto mayor shall be from one month and one day to
six months.

Arresto menor. - The duration of the penalty of arresto menor shall be from one day to thirty days.

Bond to keep the peace. - The bond to keep the peace shall be required to cover such period of time as
the court may determine.

* Period of Divisible Penalty

Except for the arresto mayor, the duration of the minimum, medium, and maximum periods under
Article 76 is one-third of the relevant fines. According to Article 76, the lowest time of arresto mayor is
one month, while the medium and maximum periods are two months.

4. For me no he did not commit a complex crime because Complex crime is a single act result in two or
more severe crime, or when a single act result in two less grave felonies. Damage to property is a severe
crime for me. And light injuries is a not severe crime. The crime of minor bodily harm and property
damage is a light felony; there is no more serious offense in this circumstance. Despite the fact that they
are all caused by a single illegal act, there are as many crimes as there are victims with minor injuries,
and as many penalties as there are small felonies committed.