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Death,
2.
Reclusion perpetua,
3.
Reclusion temporal,
4.
Prision mayor,
5.
Prision correccional,
6.
Arresto mayor,
7.
Destierro,
8.
Arresto menor,
9.
Public censure,
10.
Fine.
SCALE NO. 2
1.
2.
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3.
4.
Public censure,
5.
Fine.
Art. 72. Preference in the payment of the civil liabilities. The civil liabilities of a person found guilty
of two or more oenses shall be satisfied by following the chronological order of the dates of the
judgments rendered against him, beginning with the first in order of time.
the penalties shall be satisfied according to the scale of Art 70
Art. 74. Penalty higher than reclusion perpetua in certain cases. In cases in which the law
prescribes a penalty higher than another given penalty, without specially designating the name of the
former, if such higher penalty should be that of death, the same penalty and the accessory penalties
of Article 40, shall be considered as the next higher penalty.
if the decision or law says higher than RP or 2 degrees than RT, then the penalty imposed is RP or RT
as the case may be. Death must be designated by name. However, for the other penalties, this does
not apply.
Example: the penalty for crime X is 2 degrees lower than RP. The penalty imposed is prision mayor.
Art. 75. Increasing or reducing the penalty of fine by one or more degrees. Whenever it may be
necessary to increase or reduce the penalty of fine by one or more degrees, it shall be increased or
reduced, respectively, for each degree, by one-fourth of the maximum amount prescribed by law,
without however, changing the minimum.
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The same rules shall be observed with regard of fines that do not consist of a fixed amount, but are
made proportional.
To get the lower degree:
Max: reduce by one-fourth
Min: the same
Art. 76. Legal period of duration of divisible penalties. The legal period of duration of divisible
penalties shall be considered as divided into three parts, forming three periods, the minimum, the
medium, and the maximum in the manner shown in the following table:
Art. 77. When the penalty is a complex one composed of three distinct penalties. In cases in which
the law prescribes a penalty composed of three distinct penalties, each one shall form a period; the
lightest of them shall be the minimum the next the medium, and the most severe the maximum
period.
Whenever the penalty prescribed does not have one of the forms specially provided for in this Code,
the periods shall be distributed, applying by analogy the prescribed rules.
if there are 3 distinct penalties; there shall be a minimum, a medium and a maximum
Example: Reclusion temporal max to death
Art. 78.
When and how a penalty is to be executed. No penalty shall be executed except
by virtue of a final judgment.
A penalty shall not be executed in any other form than that prescribed by law, nor with any other
circumstances or incidents than those expressly authorized thereby.
In addition to the provisions of the law, the special regulations prescribed for the government of the
institutions in which the penalties are to be suered shall be observed with regard to the character of
the work to be performed, the time of its performance, and other incidents connected therewith, the
relations of the convicts among themselves and other persons, the relief which they may receive,
and their diet.
The regulations shall make provision for the separation of the sexes in dierent institutions, or at
least into dierent departments and also for the correction and reform of the convicts.
Only penalty by final judgment can be executed. Judgment is final if the accused has not appealed
within 15 days or he has expressly waived in writing that he will not appeal.
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There could be no subsidiary liability if it was not expressly ordered in the judgment
Art. 79.
Suspension of the execution and service of the penalties in case of insanity.
When a convict shall become insane or an imbecile after final sentence has been pronounced, the
execution of said sentence shall be suspended only with regard to the personal penalty, the
provisions of the second paragraph of circumstance number 1 of article 12 being observed in the
corresponding cases.
If at any time the convict shall recover his reason, his sentence shall be executed, unless the penalty
shall have prescribed in accordance with the provisions of this Code.
The respective provisions of this section shall also be observed if the insanity or imbecility occurs
while the convict is serving his sentence
Cases of insanity:
a)
after final sentence, suspend the sentence regarding the personal penalties
b)
c)
a)
youthful oender over 9 but under 18 at time of the commission of the oense
b)
a youthful oender held for examination or trial who cannot furnish bail will be committed to the
DSWD/local rehab center or detention home
c)
judgment of the court shall not be pronounced but suspended except for the cases:
1. those who previously enjoyed a suspension of sentence
2. those convicted of death or life imprisonment
3. those convicted for an oense by the military tribunals
d)
the DSWD may dismiss the case if the youth behaves properly
e)
the records of the proceeding shall be privileged and shall not be disclosed
f)
the civil liability of the youthful oender may be voluntary assumed by a relative or a friend
g)
the parent or guardian of the child is liable when he aids, abets or connives w/ the commission of the
crime or does an act producing, promoting or contributing to the childs being a juvenile delinquent.
h)
The penalties for the parent or guardian: Fine not exceeding 500 and/or imprisonment not exceeding
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2 years
Reference:
Criminal Law Book 1 Reviewer
Ateneo Central Bar Operations 2001
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