Criminal Law Book 1 Articles 71 – 80

Art. 71. Graduated scales. — In the case in which the law prescribed a penalty lower or higher by one or more degrees than another given penalty, the rules prescribed in Article 61 shall be observed in graduating such penalty.

The lower or higher penalty shall be taken from the graduated scale in which is comprised the given penalty.

The courts, in applying such lower or higher penalty, shall observe the following graduated scales:

SCALE NO. 1

1.            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.            Perpetual absolute disqualification,

2.            Temporal absolute disqualification

3.            Suspension from public office, the right to vote and be

                voted for, the right to follow a profession or calling,

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 offenses 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. 73. Presumption in regard to the imposition of accessory

penalties. — Whenever the courts shall impose a penalty which, by provision of law, carries with it other penalties, according to the provisions of Articles 40, 41, 42, 43 and 44 of this Code, it must be understood that the accessory penalties are also imposed upon the convict.

  • subsidiary penalties are deemed imposed. However, the subsidiary imprisonment must be expressly stated in the decision.

 

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.

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 suffered 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 different institutions, or at least into different 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.
  • 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)      if he recovers, the sentence is executed unless it has prescribed

c)       the payment of civil of pecuniary liabilities shall not be suspended

  • Art 80 (as amended by PD 603: Child and Youth Welfare Code)

a)      youthful offender – over 9 but under 18 at time of the commission of the offense

b)      a youthful offender 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 ff cases:

  1. those who previously enjoyed a suspension of sentence
  2. those convicted of death or life imprisonment
  3. those convicted for an offense 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 offender 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 child’s being a juvenile delinquent.

h)      The penalties for the parent or guardian: Fine not exceeding 500 and/or imprisonment not exceeding 2 years

 

Reference:

Criminal Law Book 1 Reviewer

Ateneo Central Bar Operations 2001

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About Magz

First of all, I am not a lawyer. I'm a graduate of AB Political Science and went to the College of Law but stopped going to law school for some reasons. I'm a passionate teacher who has been teaching English to speakers of other languages and a person who likes writing and blogging. I lost some important files and software when my computer broke down so the reason I created this website is to preserve the notes, reviewers and digests I collected when I was at the law school and at the same time, I want to help out law students who do not have enough time to go and read books in the library.

Posted on January 24, 2012, in Criminal Law and tagged . Bookmark the permalink. Leave a comment.

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