PENALTIES IN GENERAL robbery, estafa, theft, serious and less serious
physical injuries he is found guilty of those said
Penalty-is a suffering inflicted to a natural crime a third time or oftener.[Art. 62 par.5(c)] person by the State for the transgression of the law or ordinance. It refers to a legal concept where an individual, within a period of ten years from their release or Law vs. Ordinance last conviction for crimes such as falsification, Law- is a solemn expression of legislative will. robbery, estafa, theft, serious and less serious It orders, permits and forbids. [Cawad vs. Abad, physical injuries, is found guilty of those crimes G.R. No. 207145] for a third time or more. This designation is typically applied to individuals who repeatedly Ordinance-is a law enacted by local legislative engage in criminal behavior within a specific body that has a permanent character and passed timeframe, resulting in enhanced legal by means of three readings and voted thereon. consequences for their habitual criminal [Municipality of Paranaque vs. V.M realty activities. corporation G.R. No. 127820 July 20, 1998]
PENALTY THAT MAY BE IMPOSED
EFFECTS OF PARDON BY THE OFFENDED “No crime, if there is no law” PARTY Art.21–No felony shall be punishable by any Art.23-A pardon by the offended party does penalty not prescribed by law prior to its not extinguish criminal action except as commission. provided in Art. 344 (when the injured party has Felony- an act or omission in violation of the pardoned the offender in crimes of adultery, revised penal code. concubinage, and other private crimes; provided that such pardon is given before the institution Penalty that maybe imposed are those prescribed of the criminal action); but civil liability with by law in effect prior to its commission. regard to the interest of the injured party is extinguished by his express waiver. It safeguards against ex post facto law-a law in which penalizes an act which is not punishable Extinguishment of criminal liability- when the at the time of its commission. offender can no longer be made to suffer a penalty for a certain crime. Art. 80 Extinguishment of criminal liability RETROACTIVE EFFECT OF PENAL LAWS 1. By the death of the convict after Art.22-Penal laws shall have a retroactive judgement-as to the personal penalties effect if they favor the persons guilty of a 2. By the death of the offender before final felony, who is not a habitual judgement-as to financial penalties. delinquent, although at the time of the 3. By complete service of sentence publication of such laws a final sentence has 4. By amnesty been pronounced and the convict is serving the 5. By absolute pardon(President) same. 6. By absolute pardon of offended party in Habitual Delinquency-within a period of ten cases of acts of lasciviousness, years from the date of his release or last seduction, abduction, concubinage and conviction of the crimes of falsification, adultery. 7. By prescription of a crime- refers to the automatically recognize it. Typically given after time limit within which legal conviction, a pardon looks forward, absolving proceedings for a specific crime must be the offender from the consequences of the initiated. Once the prescribed period has conviction and forgiving the punishment. passed, the prosecution or legal action However, it does not automatically restore for that particular crime is barred, and certain rights, such as the ability to hold public the offender cannot be prosecuted for it. office or the right to suffrage, unless explicitly The idea is to prevent the indefinite stated in the pardon terms. [Barrioquinto vs. delay of legal actions and to ensure that Fernandez G.R. No. L-1278. January 21, 1949.] cases are prosecuted within a reasonable timeframe 8. By prescription of penalty CIRCUMSTANCES WHICH ARE NOT 9. By the marriage of the offender with the CONISDERED PENALTIES offended party in Acts of lasciviousness, seduction and abduction. Art. 24-The following shall not be considered as penalties Extinguishment of civil liability- refers to the termination or cessation of legal responsibility 1. Incarceration-The arrest and temporary or accountability in civil matters. detention of the accused persons, as well as their detention by reason of insanity Civil liability- refers to the legal responsibility or imbecility, or illness requiring their one party has to compensate or remedy the harm confinement in a hospital. or loss suffered by another party due to a 2. Juvenile Confinement-The commitment wrongful act or failure to fulfill a legal of a minor to any of the institutions obligation. mentioned in Article 80 of the RPC and for the purposes specified therein. Exception Art.344- Pardon by the offended 3. Suspension-Suspension from the party before the institution of criminal action on employment or public office during the the crimes of sexual offense-acts of trial or in order to institute proceedings. lasciviousness, seduction, abduction, adultery 4. Disciplinary actions-Fines and other and concubinage shall extinguish criminal corrective measures which in the action. exercise of their administrative or Adultery and concubinage-no criminal disciplinary powers, superior officials prosecution shall be instituted if the offended may impose upon their subordinate. party shall have expressly consented or 5. Forfeiture-Deprivation of rights and the pardoned the offenders. reparations which the civil law may establish. Seduction and abduction-no criminal action shall be instituted if the offended party and her guardians expressly pardoned the offender and CLASSIFICATION OF PENALTIES also the marriage of the offended party with the offender shall extinguish criminal action or Classification of penalty-categorizing or remit the penalty already imposed the same grouping different types of punishments or effect to the principal, accessory and sanctions imposed for violations of laws or accomplices. regulations. Penalties can be classified based on various criteria, including their severity, Pardon- Granted by the Chief Executive, is purpose, and nature. considered a private act requiring pleading and proof by the recipient, as courts do not citizens. Correctional penalties often involve various forms of intervention, PRINCIPAL PENALTIES such as imprisonment, probation, parole, 1. Capital punishment counseling, educational programs, and 2. Afflictive penalties vocational training. 3. Correctional penalties 1. Prision correctional-6 months + 1 day - 4. Light penalties 6 yrs. 5. Accessory penalty 2. Arresto mayor-1 month + 1 day-6 6. Common penalty months 3. Suspension-6 months + 1 day to 6 yrs. 4. Destierro-6 months + 1 day to 6 yrs. 1. CAPITAL PUNISHMENT- is a form of punishment in which a person is executed by the state as a punishment 4 LIGHT PENALTIES- generally refers for a crime also known as death penalty. to a punishment or consequence that is relatively mild or not severe. Light Crimes that may be punishable by death felonies are those infractions of law 1. Murder 1. Arresto menor- 1 day – 1 month 2. Espionage 2. Public Censure- Public censure refers to 3. Treason the formal expression of disapproval or 4. And other heinous crime that maybe criticism of an individual or entity by a define by law. public authority, organization, or society at large. Imposition of death penalty is now prohibited by RA 9346 without prejudice to the power of congress for heinous crimes. 5. COMMON PENALTIES-penalties that 2. AFFLICTIVE PENALTIES-the term are present in all previous classes of "afflictive" implies that the penalty is penalty. burdensome or emotionally distressing. 1. Fines 1. Reclusion Perpetua-20 yrs. + 1 day - 40 2. Bond to keep the peace- period shall be years determined by the court. 2. Reclusion Temporal-12 yrs. +1 day -20 yrs. 3. Perpetual or temporary absolute 6. ACCESSORY PENALTY- a secondary disqualification penalty or consequence that is imposed 4. Perpetual or temporary special in addition to the primary penalty for a disqualification criminal offense. The accessory penalty 5. Prison mayor and temporary is typically related to the nature of the disqualifiaction-6 yrs. + 1 day – 12 yrs. crime committed. 1. Perpetual or temporary absolute disqualification 3. CORRECTIONAL PENALTY- 2. Perpetual of temporary special Correctional penalties aim to rehabilitate disqualification the offender, address the root causes of 3. Suspension from: their behavior, and facilitate their 1. Public office, reintegration into society as law-abiding 2. The right to vote and be voted for, 3. The profession or calling, 4. Civil interdiction, 5. indemnification, 6. forfeiture or confiscation of instrument and proceeds of the offense, 7. Payment of cost.
ART. 28 COMPUTATION OF PENALTIES
If the offender is in prison
The term of duration of temporary penalties
shall be:
1. From the day on which the conviction of
judgment shall have become final.
Judgment becomes final when
1. The person did not file an appeal within
15 days.
If the offender is not in prison
The term of duration of the penalty consisting of
the deprivation of liberty shall be computed from
1. The day that the accused is place in the
disposal of the judicial authority for the enforcement of the penalty.
The term of duration of the penalty of the other
crime shall be from the day the defendant commences to serve his sentence.