penalties under RPC

1. PENALTIES
(UNDER RPC)
BY; CHELDY S. ELUMBA-PABLEO,MPA,LLB
CRIMINAL LAW I

2. PENALTIES
Are punishment imposed by lawful authority upon
person who commits a deliberate or negligent act. (PP
vs Moran)
Judges can only interpret and apply the law and have
no authority to modify or revise their range as
determined by the legislature. (PP vs Dela Cruz)

3. BASIS OF GENERALITY
“ NULLUM CRIMEN NULLA POENA SINE LEGE”- no felony
shall be punished by any penalty not prescribed by law prior to
its commission. UNLESS, there is a law penalizing an act or
omission, the offender cannot be penalized, no matter how
reprehensible the act may be.
This supplements the “EX POST FACTO” edict under the
Constitution.

4. PROSPECTIVITY RULE
Prospectively rule mandates that the penal laws shall
have ONLY prospective application. Except in Art. 22
which provides retroactive effect. (They favour the
person guilty who is NOT HABITUAL CRIMINAL)

5. PARDON
Pardon of the offended---does not extinguish criminal liability.
Pardon of the Chief Executive—extinguishes the criminal
liability (if there is a judicial notice), Absence thereof (personal
act)—void if given before trial.

6. PREVENTIVE SUSPENSION
 PREVENTIVE SUSPENSION- (pending investigation) is not a penalty but
a measure intended to enable the disciplining authority to investigate the
charges against the respondent by preventing him to intimidate or
influence the witnesses against him. (Gloria vs CA)
 Not a penalty for it is not imposed as a result of judicial proceedings.
 If ACQUITTED, the respondent is entitled to reinstatement and to the
salaries and benefits he failed to received. (Santiago vs Sandigan Bayan)

7. PREVENTIVE IMPRISONMENT
 PREVENTIVE IMPRISONMENT-(for detention prisoners) is for purpose of
preventing the accused from going into hiding.
 The accused is DETAINED if the offense is NOT bailable, or if bailable he
cannot post bail and he is not qualified for recognizance.
 No bail shall be granted for the offense punishable by reclusion perpetua
when evidence of guilt is strong. (Sec. 3, Rule 114, Rules of Court)

8. BOND
Bond for good behaviour (BGB) is a principal penalty which is not
prescribed for any felony.
Bond to keep the peace (BKP) is a penalty specially applicable to
grave and light threat only.
FAILURE to post BGB will make the accused suffer destierro.
FAILURE to post BKP will supposedly make him suffer detention.

9. DISQUALIFICATION
It is both principal and accessory penalty.
PRINCIPAL when penalty is prescribed in Book II as a
penalty for a particular crime.
ACCESSORY penalty is when the principal penalty is
attached is imposed.

10. PENALTIES
 All prisoners whether under preventive detention or serving final sentence, cannot
practice their profession or engage in any business or occupation, or hold office,
elective or appointive as a necessary consequence of arrest and detention.
 AS A MATTER OF LAW, when a person indicted for an offense is arrested, he is
deemed placed under the custody of law.
 He is placed in actual restraint of liberty in jail so that he may be bound to answer
for commission of the offense.
 Detained in jail during pendency of the case unless he is authorized by the court
to be released on bail or on recognizance.

11. ABOLITION OF DEATH PENALTY
R.A. 9346 –Death penalty was suspended via R.A. 9346, which
was signed by Pres. Gloria Macapagal Arroyo on June 24, 2006.
(rendered inoperative)
The penalties of life imprisonment and reclusion perpetua
(detention of indefinite length, usually for at least 30 years)
replaced the death penalty.

12. SUBSIDIARY PENALTIES
Takes place of the fine for insolvent convicts.
It may be in a form of imprisonment or deprivation of right
depending upon the principal penalty imposed on the convict.
It is embodied in the judgment.
Absence of the accused cannot be compelled.
If monetary/economic status allows already---still collectible

13. SUBSIDIARY LIABILITIES
BASIS: the employer-employee relationship
PERSONS SUBSIDIARY LIABLE:
1. Innkeepers, Taverns-keepers and Proprietors of establishments
2. Employers, teachers, persons and corporations engaged in any
kind of industry.

14. PROBATION
 Is a special privilege granted by the state to qualified offenders.
 It is a mere privilege not a right. Its benefits cannot extend to those
expressly excluded.
 An act of grace and clemency or immunity conferred by the state
which may be granted by the court to seemingly deserving
defendant who thereby escapes the extreme rigors of penalty
imposed by the law for the offense.

15. TOTAL EXTINCTION
1. Death of conviction
2. Service of sentence
3. Amnesty (erased—needs judicial notice)
4. Absolute pardon (given before judgment is void)
5. Prescription of time (penalty imposed that of the code)
6. Prescription of penalty (penalty imposed by the courts)
7. Marriage of the offended woman under Art. 266-C
8. Express repeal of penal law (act decriminalized)

16. PARTIAL EXTINCTION
1. Conditional Pardon
2. Commutation of sentence
3. Good conduct allowance
4. Parole under the Intermediate Sentence Law
5. Probation under PD 968
6. Implied repeal or amendment of penal law lowering the penalty

17. DEATH
 Death of convict EXTINGUISHES criminal liability at any stage of the
proceeding
 CIVIL LIABILITY– if death occurs BEFORE final judgment. (reason: penalty
requires personal service or sentence.)
 If death occurs there will be nobody to serve the penalty.
 FINAL JUDGMENT---refers to executory judgment. (PP vs Bayotas)

18. DISTINCTION
AMNESTY PARDON
Application 1. Generally to political crimes
and offenders
1. Generally to ordinary crimes and
offenders
Effects on convicts 2. Obliterates the effects of
conviction as if the act were
not criminal
2. Relieves the offender of penalty
but the effects of conviction stay.
Congress 3. Concurrence required 3. Concurrence not needed
When given 4. Even before conviction 4. After final conviction
To whom given 5. Usually to a class of persons 5. To a specific individual
nature 6. Public act of the President 6. Private act of the President
Evidentiary value 7. Judicial notice, mandatory
on courts
7. No judicial notice, must be
pleaded and proved

19. CONDITIONAL PARDON
Is in a nature of a contract between the Chief Executive and the
convict to the effect that the former will release the latter subject
to the condition that if he does not comply with terms of the
pardon.
Recommitted to prison to serve the unexpected portion of the
sentence or an additional one. (Alvarez vs Dir. of Prison, 80 Phil.
50)
When granted does not extinguish the civil liability arising from
the crime. (Monsanto vs Factoran), (PP vs Nacional)

20. CONDITIONAL PARDON
EXTENDED TO THE CONVICT IN 3 WAYS:
1. Through the operation of the Intermediate Sentence Law.
2. Through the grant of probation under the Probation Law.
3. Through the exercise of the President motu propio of the
power under the Constitution

21. CONDITIONAL PARDON
When VIOLATED, the offender is considered in evasion of the
service of his sentence and shall be:
1. Rearrested and reincarnated by order of the President under
Revised Administrative Code.
2. Prosecuted under Art. 159. When the penalty remitted is 6 years
and below, there will be an additional penalty; over 6 years, the
remaining
sentence shall be served without additional penalty for the
evasion.

22. HABEAS CORPUS
 Is not the remedy of the incarcerated Pardonee.
 It lies only where the restraint of a person’s liberty has been judicially
adjudged as illegal or unlawful.
 Ultimately, solely vested in the Chief Executive, who in the first place the
exclusive author of the conditional pardon and of its revocation. Courts
have no authority to interfere with the grant of the President of a pardon
to a convicted criminal. (id.)

23. RESTITUTION
Is the return of thing itself whenever possible.
2 PECUNIARY LIABILITIES:
1. Restitution or REPARATION—shall only be made if restitution
is not possible.
2. Indemnification (for consequential damages)—shall include
not only the injured party but also those suffered by his family
or by a 3rd person by reason of the crime. (Art. 2206,2219)

24. ARTICLE 345, PROVIDES:
Person guilty of rape, seduction, or abduction shall be
sentenced to:
1. Indemnify the offended woman
2. Acknowledge the offspring UNLESS the law should
prevent him from doing so
3. In every case to support the offspring

25. THANK YOU FOR READING!
CHELDHAYE