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Art 71

The document discusses several key changes and clarifications to the Revised Penal Code of the Philippines relating to the graduation of penalties (Articles 71-77) and other sentencing guidelines. Specifically, it notes that RA 9346 has removed the penalty of death from those that can be imposed under Article 71. It also explains the process for determining complex penalties (composed of three distinct penalties) and the exceptions to the Indeterminate Sentence Law.

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Jan Shaltiel Vincent Estrada
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80 views4 pages

Art 71

The document discusses several key changes and clarifications to the Revised Penal Code of the Philippines relating to the graduation of penalties (Articles 71-77) and other sentencing guidelines. Specifically, it notes that RA 9346 has removed the penalty of death from those that can be imposed under Article 71. It also explains the process for determining complex penalties (composed of three distinct penalties) and the exceptions to the Indeterminate Sentence Law.

Uploaded by

Jan Shaltiel Vincent Estrada
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Art 71.

Grad of Penalties

RA 9346 has been eliminated from the list of imposable penalty under Art 71

This affects not only the consummated stage and the principals but also for the frustrated and
attempted stage as well with respected to the accomplice and accessory.

Art 72 – 74

Art 72. Satisfaction of civil liability is based on the chronological order that they are imposed.

Art 73. Accessory penalties are deemed imposed. Subsidiary imprisonment is not an accessory penalty.
It should be stated in the decision.

Art 74. Death shall not be imposed through the process of graduation.

Art 75. Increasing or decreasing fine by one or more degrees

Fines are increased or decreased by one-fourth (1/4) of the maximum.

There must be a minimum and maximum.

Art. 76

The intention of the law is to give the 3 perods of a penalty equal or uniform duration due to the ff:

Equal and uniform durations

Does not require that they be used even when the periods of a prescribed penalty correspond to
different divisible penalties

Will result in the periods not beoing of equal and uniform duration.

Art 65 requires that a divisible penalty be divided into three equal portions.

Making an exception out of a penalty composed of period corresponding

Atrt 77. Complex Penalty

Complex Penalty is a penalty composed of three distinct penalties, i.e, Reclusion temporal to death.

 Lightest- Minimum
 Next- Medium
 Most severe- Maximum

Indeterminate Sentence Law


A penalty with a maximum and a minimum instead of a straight penalty.
Authorizes the release of a convict after having served the minimum of his sentence.

ISL does not apply


 Convicted; death or life imprisonment
 Convicted; of treason, conspiracy or proposal to commit treason;
 Convicted of misprision of treason, rebellion, sedition, or espionage;
 Convicted of piracy;
 Habitual delinquents;
 Escaped from confinement or evaded sentence;
 Violated the terms of the conditional pardon;
 Imprisonment; maximum does not exceed 1 year
 Those already sentenced by final judgment at the time of the approval of the law( dec 5, 1933)
 Destierro or suspension

RPC and Special Laws

Special Laws

Minimum – not be less than the minimum prescribed by law

Maximum – not exceed he maximum fixed by law

RPC

Steps

Privilege mitigating (applied first to determine minimum)

Ascertain the penalty prescribed for the offense w/o considering the attendant circ

Use the said penalty as the basis for determining the min, w/c is the penalty next lower in degree. This is
the min of the indeterminate

Pp vs Gonzalez

People vs Bon

Privelege when no aggaravating in the first place.

Probation

Sable vs People Apr 7 2009


No application for probation shall be entitled or granted if the defendant has perfected the appeal from
the judgment of conviction.

Disqualified from probation

Sentenced to a max term of imprisonment of more than 6 years.

Convicted of subversion, crimes against national security of public order

Prev convicted by final judgment by

Imprisonment of not less than one month and/or

Fine less than 200

Have once been in probation

Those already sentenced before the law

Periods

 If term is not more than 1 year probation, shall not exceed 2 years
 If sentenced to more than 1 year probation shall not exceed 6 years

Completion of the period of probation and discharge of the probationer shall operate to restore him to
all civil rights

Art 89 Total Extinction of Criminal Liability

Death

Personal penalties – extinguished whether death occurs before or after conviction.

Pecuniary penalties – extinguished only if death occurs before judgment

People vs Bayotas

Death of the accused pending appeal of his conviction extinguishes his criminal liability as well as the
civil liability based solely thereon. As opined by Justice Regalado, in this regard “the death of the
accused prior to final judgment terminates his criminal liability and only the civil liability directly arising
from and based solely on the offense committed…
Service of Sentence

 Does not extinguish civil liability

Amnesty and Pardon


Amnesty completely extinguishes the offense, the penalty and the effect thereof. However,
amnesty does not extinguish civil liability.
Pardon merely exempts the convict from the punishment the law inflicts for a crime committed.

Amnesty Pardon
Group class individual
before or after aftrer conviction
conviction
looks backward looks forward
affects recidivism recidivism stays
civil liability civil liability
remains remains
public act of pres private act of the
(usually a law) president

Prescription of the crime/ penalty


The states loses the right to prosecute an offender due to the lapse of time
The state loses the right to execute

Marriage of the offender woman must be in good faith

The manner in which the appellant dealt with the girl after the marriage, as well as before,
shows that he had no bona fide intention of making her his wife, the ceremony cannot be
considered binding on her because of duress. The marriage was therefore void for lack of
essential consent..

Art 90. Prescription of crimes.

Rules n special laws


 Period of begins from the date of commission or date of discovery up to the institution of
judicial proceedings.

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