CRIMINAL LAW TITLE THREE PENALTIES IN GENERAL Penalty is the suffering that is inflicted by the State for the

transgression of a law. DIFFERENT JURIDICAL CONDITIONS OF PENALTY 1. Must be productive of suffering, without however affecting the integrity of the human personality. 2. Must be commensurate with the offense- different crimes must be punished with different penalties. 3. Must be personal- no one should be punished for the crime of another. 4. Must be legal- it is the consequence of judgment according to law. 5. Must be certain- no one may escape its effects. 6. Must be equal for all. 7. Must be correctional. PURPOSE OF THE STATE IN PUNISHING CRIMES To secure justice. Penal justive must be exercise by the State in the service and satisfaction of a duty, and rests primarily on the moral rightfulness of the punishment inflicted. THEORIES JUSTIFYING PENALTY a.) Prevention b.) Self-defense c.) Reformation d.) Exemplarity e.) Justice THREE-FOLD PURPOSE OF PENALTY UNDER RPC a.) Retribution or expiation- the penalty is commensurate with the gravity of the offense. b.) Correction or reformation- as shown by the rules which regulate the execution of the penalties consisting in deprivation of liberty. c.) Social defense- shown by its inflexible severity to recidivists and habitual delinquents. ART. 21 Penalties that may be imposed Art. 21 simply announces the policy of the State as regards punishing crimes. It is a declaration that no person shall be subject to criminal prosecution for any act of his until the State has defined the crime and has fixed a penalty therefor. Nullum crimen, nulla poena sine lege Subsidiary penalty for a crime cannot be imposed, if it was not prescribed by law prior to its commission. ART. 22 Retroactive effect of penal laws

Art. 22 is not applicable to the provisions of the RPC. Its application can only be invoked where some former or subsequent law is under consideration. Exception to give them retroactive effect- when favorable to the accused. Giving a law retroactive effect, if unfavorable to the accused, will violate the constitutional inhibition as to ex post facto laws. The provision of Art. 22 that penal laws shall have a retroactive effect insofar as they favor the person guilty of a felony is applicable even at the time of the publication of such laws a final sentence has been pronounced and the convict is already serving sentence. But when the culprit is a habitual delinquent, he is not entitled to the benefit of the provisions of the new favorable statute. HABITUAL DELIQUENT- if within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, or falsification he is found guilty of any said crimes a third time or oftener. The principle that criminal statutes are retroactive does not apply to the latters civil liability because the rights of the offended persons or innocent third parties are not within the gift of arbitrary disposal of the State. But a new law increasing the civil liability cannot be given retroactive effect. In order that the subsequent statute be given retroactive effect, it must refer to the same deed or omission penalized by the former statute and must seek the same end and purpose. The provisions of Art. 22 are applicable even to special laws which provide more favorable conditions to the accused. Criminal liability under the former law is obliterated when the repeal is absolute. Criminal liability under the repealed law subsists: 1.) When the provisions of the penal law are reenacted; or 2.) When the repeal is by implication; or 3.) When there is a saving clause. The jurisdiction of a court to try a criminal action is to be determined by the law in force at the time of instituting the action, not at the time of the commission of the crime. Jurisdiction of courts in criminal cases is determined by the allegations of the complaint or information. ART. 23 Effect of pardon by the offended party A pardon by the offended party does not extinguish criminal action.

A crime committed is an offense against the State. In criminal cases, the intervention of the aggrieved parties is limited to being witnesses for the prosecution. Compromise does not extinguish criminal liability except private crimes (Art. 344). CASARALDE (Concubinage, Adultery, Seduction, Abduction, Rape, Acts of Lasciviousness, ______________) Pardon under Art. 344 must be made before institution of criminal prosecution. Pardon under Art. 344 is only a bar to criminal prosecution. But civil liability with regard to the interest of the injured party is extinguished by its express waiver. GR: Offense causes two classes of injuries: (1) SOCIAL INJURY, produced by the disturbance and alarm which are the outcome of the offense; and (2) PERSONAL INJURY, caused to the victim of the crime who suffered damage either to his person, to his property, to his honor or to her chastity. The social injury is sought to be repaired through the imposition of the corresponding penalty. The State has an interest in this class of injury. But since personal injury is repaired through indemnity, which is civil in nature, the offended party may waive it and the State has no reason to insist its payment. The waiver must be EXPRESS. ART. 24 Measures of prevention or safety which are not considered penalties. They are not penalties because they are not imposed as a result of judicial proceedings. (preventive measures) CLASSIFICATION OF PENALTIES Art. 25 The penalties which may be imposed are those included in Art. 25 only. Penalties are classified into: PRINCIPAL PENALTIES- those expressly impose by the court in the judgment of conviction. ACCESSORY PENALTIES- those that are deemed included in the imposition of principal penalties. PRINCIPAL PENALTIES MAY BE CLASSFIED INTO: 1.) According to their divisibility: A.) Divisible- those that have fixed duration and are divided into three periods. B.) Indivisible- no fixed duration. These are: 1.) Death 2.) Reclusion perpetua 3.) Perpetual absolute or special disqualification 4.) Public censure. 2.) According to subject matter

1.) Corporeal (death) 2.) Deprivation of freedom (reclusion, prision, arrresto) 3.) Restriction of freedom (destierro) 4.) Deprivation of rights (disqualification and suspension) 5.) Pecuniary (fine) 3.) According to their gravity: 1.) Capital 2.) Afflictive 3.) Correctional 4.) Light ART. 26 classifies fine when afflictive, correctional or light. 1.) Afflictive- over P6,000.00 2.) Correctional- P200.00 to P6,000.00 3.) Light penalty- less than P200.00 Penalties cannot be imposed on the alternative.

DURATION AND EFFECT OF PENALTIES ART. 27 Duration of each of the different penalties: 1.) Reclusion perpetua- 20 years and 1 day to 40 yrs. 2.) Reclusion temporal- 12 years and 1 day to 20 years 3.) Prision mayor and temporary disqualification- 6 years and 1 day to 12 yrs. Except when disqualification in accessory penalty, in which case its duration is that of principal penalty. 4.) Prision correctiona, suspension and destierro- 6 mos, and 1 day to 6 yrs. Except when suspension is an accessory penalty, in which case its duration is that of principal penalty. 5.) Arresto mayor- 1 month and 1 day to 6 months 6.) Arresto menor- 1 day to 30 days 7.) Bond to keep the peace- the period during which the bond shall be effective is discretionary on the court. Destierro is imposed in the following cases: 1.) Serious physical injuries or death under exceptional circumstances (Art. 247) 2.) In case of failure to give bond for good behavior (Art. 284) 3.) As a penalty for the concubine in concubinage (Art. 334) 4.) In cases where reducing the penalty by one or more degrees destierro is the proper penalty. ART. 28 Computation of Penalties The Director of Prisons or the warden should compute the penalties imposed upon convicts observing the following rules: 1.) When the offender is in prison- the duration of temporary penalties is from the day on which the judgment of conviction becomes final.

2.) When the offender is not in prison the duration of penalty consisting in deprivation of liberty, is from the day that the offender is placed at the disposal of judicial authorities for the enforcement of the penalty. 3.) The duration of other penalties- the duration is from the day on which the offender commences to serve its sentence. Arrest and temporary detention of the accused is not considered a penalty. ART. 29 Period of preventive imprisonment deducted from term of imprisonment. The accused undergoes preventive imprisonment when the offense charged is nonbailable, or even if bailable, he cannot furnish the required bail. The full time or four-fifths of the time during which the offenders have undergone preventive imprisonment shall be deducted from the penalty imposed. (The detention prisoner must agree voluntarily in writing, of he does not agree, he shall be credited in the service of his sentence 4/5 of the time during which he has undergone preventive imprisonment.) Convict to be released immediately if the penalty imposed after trial is less than the full time or four-fifths of the time of the preventive imprisonment. Accused shall be released immediately whenever he has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment for the offense charged. The following offenders are not entitled to be credited with the full time or 4/5 of the time of preventive imprisonment: 1. Recidivists or those convicted previously twice or more times of any crime. 2. Those who, upon being summoned for the execution of their sentence, failed to surrender voluntarily.