Article 30-35 property and of the right to dispose of such

properties
Absolute Disqualification
Bonds to keep the peace
a) Deprivation of public offices and
employments, even if by election. a) Offender must present two sufficient
b) Deprivation of right to vote or to be sureties;
elected b) Offender must deposit such amount with
c) Disqualification for the offices or public the Clerk of Court
employments and for the exercise of any of c) Offender may be detained for a period
the rights mentioned not more than 30 days.
d) Loss of right to retirement pay or pension
for any office formerly held.

Special Disqualification (Public Office, Article 38: (Preference): Reparation,

Profession)
a) Deprivation of the office, employment,
profession or calling affected.
b) Disqualification for holding similar offices
or employments perpetually or during the
term of sentence
Special Disqualification (right to
suffrage)
a) Deprivation of the right to vote or to be
elected to any public office.
b) Cannot hold any public office during the
period of disqualification.
Suspension from public office
a) Disqualification from holding such office
or exercising such profession or calling or
right of suffrage during the term of the
sentence.
b) If suspended from the public office, the
offender cannot hold another office having
similar functions during the period of
suspension.
Indemnification of Consequential Damages,
Fines, Cost of Litigation
Article 39 (Rules):
A) If principal penalty is prison correctional
or arresto and fine:
a) Subsidiary Penalty shall not
exceed 1/3 of the Principal Penalty;
b) Shall not continue more than 1
year;
2) If fine only, subsidiary penalty:
a) Shall not exceed 6 months (culprit
prosecuted for grave or less grave offense);
b) Shall not exceed 15 days (culprit
is prosecuted for light felony)
3) Penalty imposed is higher than prison
correctional:
a) No subsidiary penalty
Penalties (Art 40-45)
Penalty Accessory Duration

Civil Interdiction Death When not Indivisible

a) Deprivation of the rights of parental executed: PAD &
CI
authority or guardianship Reclusion CI for life & PAD 20-40 years
b) Deprivation of marital authority Perpetua
c) Deprivation of the right to manage his

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Reclusion CI for life & PAD 12-20 years be more than three times the length of time
Temporal
corresponding to the most severe of the
Prision Mayor TAD & PSD from 6-12 years penalties imposed upon him. (Three-fold
the right to suffrage
Rule only applies to cases where the
Prision Suspension for 6 months-6 convict has to serve at least four sentences)
Correcional public office, from years
the right to follow a Article 76: Sub-periods of Periods fixed by
profession or
calling PSD from law.
the right of suffrage
(imprisonment INDETERMINATE SENTENCE LAW
exceed 18 months)
Arresto Mayor Suspension of the 1 month-6 ISLAW: Penalty imposed shall only be at its
right to hold office months
and suffrage maximum and minimum.
Arresto Minor Suspension of the 1 day- 1
right to hold office month Special Penal Law: Maximum not to
and suffrage
exceed the penal fixed by the SPL and shall
*Article 45: Confiscation and Forfeiture of
not be less than the period prescribed of the
the Proceeds of the Crime in favor of the
same.
Government
Revised Penal Code: Maximum shall be
Article 48: Complex Crime/Compound
according to the attending circumstance, the
Crime: Higher Penalty
Minimum shall be within the range of the
Article 49: Error in Personae: Lesser penalty next lower to that prescribed by the
Penalty Code of the Offense.

Article 59: Impossible Crime: Arresto Mayor Pertinent Provisions vis--vis ISLAW:
Article 61-70 of the RPC.
Article 64 (5): 2 Mitigating, No Aggravating:
1 degree Lower ISLAW does not apply:

Article 65: Impose-sable penalty is not a) Not favorable to the accused;

divisible by 3 Period ( e.g.: Prison
Correctional Medium-Max), create 3
periods out of the penalty imposed.
Article 67: Incomplete Accident: Arresto
Mayor
Article 68: Minority: 1 degree lower
Article 69: Incomplete Exemption and
Justification (Must be Majority, if less than, it
will only be considered an ordinary
Mitigating Circumstance): 1 or 2 degrees
lower
Article 70: Three-fold Rule: Maximum
duration of the convicts sentence shall not
b) Persons convicted of offenses punished
with death penalty or life imprisonment;
c) Those convicted of treason, conspiracy or
proposal to commit treason;
d) Convicted of treason, rebellion, sedition
or espionage;
e) Convicted of piracy
f) Those who are habitual delinquents;
g) Those who shall have escaped from
confinement or evade sentence;
h) Those who violated the terms of
conditional pardon granted to them by the
Chief Executive;
i) Those whose maximum term of
imprisonment does not exceed one year;
j) Those, who upon the approval of the law

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had been sentenced by final judgment; shall be twice the total number of days of
k) Those sentenced to the penalty of subsidiary imprisonment
destierro or suspension. Service of Sentence:

PROBATION Penalty is reclusion perpetua, reclusion

temporal, prision mayor, prision correctional
Probation is a disposition under which a and arresto mayor: executed in the places
defendant, after conviction and sentence, is and penal establishments provided by the
released subject to conditions imposed by Administrative Code.
the court and to the supervision of a
probation officer. Penalty is arresto menor: municipal jail or in
the house of the defendant
Filed with the RTC.
Article 89: Extinction of Criminal Liability
Probation considered as waiver of the right
a) Death;
to appeal.
b) By service of sentence;
General Rule: Application for probation
must be within the period for perfecting an c) Amnesty;
appeal.
d) Absolute Pardon

e) By prescription of the crime;

Not entitled to the benefits of probation
f) Prescription of the penalty;
a) Those sentenced to serve a maximum
term of imprisonment of more than six g) Marriage.
years;
Article 90: Prescription of Crimes:
b) Those convicted of subversion or any
crime against national security or public Penalty Prescription Period
order; Crime Penalty
c) Those previously convicted by final Death
judgment of an offense punished by R.P. 20 years 20 years
imprisonment of not less than 1 month and R.T.
1 day and/or fine of not more than 200 P.M. 15 years 15 years
pesos. P.C. 10 years
d) Those who were once granted probation; A.Ma. 5 years 5 years
e) Those who are already serving sentence. Destiero 10 years 10 years
A.Me. 1 year
DURATION OF PROBATION P.C. 2 months 1 year
Penalty Duration Fine (200) 1 year
(Imprisonment) Libel 1 year
Not more than 1 Shall not exceed 2 Oral Defamation and Slander- 2
year years years
More than 1 year Shall not exceed 6
years Partial Extinction of Criminal Liability:
*In cases of subsidiary imprisonment, probation

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a) Conditional Pardon; a) the civil action involves an issue similar
or intimately related to the issue raised in
b) Commutation of Sentence; and the criminal action;
c) Good Conduct Allowance. b) resolution of such issue determines
Good Conduct Allowance whether the action may proceed

Duration Period of
Deduction
First 2 years 5 days per month
3rd to 5th year 8 days per month
Until 10 year 10 days per month
11 and successive 15 days per month

Article 98: 1/5 reduction of penalty for

loyalty (Calamity)

Article 100: Persons who are criminally

liable are also civilly liable

When may civil actions prosper

independently?

(Article 32,33, 34 and 2176 of the Civil

Code)

Rule 111, Section 2 (suspension of the civil

action) only applies when (1) the claimant in
the action is the offended party in the
criminal action and (2) both cases arise
from the same offense.

Rule 111, Section only applies to civil action

based on the felony committed, not those
based on liability out of culpa contractual

Prejudicial Question

One which arises in a case, the resolution of

which is a logical antecedent of the issue
involved in said case, and the cognizance of
which pertains to another tribunal.

Elements: