CRIMINAL LAW 2 Sample Questions

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 What is the concept of penalty?

Penalty is suffering inflicted by the State for the transgression of a law. It generally signifies pain. It
generally signifies pain.

 What is the purpose of the state in punishing crimes?

The purpose of the state in punishing crimes is to secure justice. To maintain its existence, to
assert its conscience and to vindicate moral principles, the state has a duty to exercise penal justice.

 What are the theories justifying penalty?

The state must punish the criminal:
1. Prevention – to prevent or suppress the danger to the state arising from the criminal acts of the
offender.
2. Self-defense – to protect society from the threat and wrong inflicted by the criminal
3. Reformation – to correct and reform the offender
4. Exemplarity – to serve as an example to deter others from committing crimes
5. Justice – as an act of retributive justice, to vindicate absolute rights and moral laws violated by the
criminal

 What are the different juridical conditions of penalty?

1. It must be productive of suffering;
2. It must be personal;
3. It must be legal;
4. It must be equal for all;
5. It must be commensurate with the offense;
6. It must be certain;
7. It must be correctional.

 What penalties may be imposed and their different classes? (Art 25)
The different classes of penalty are:
a. Principal
b. Accessory

THE PRINCIPAL PENALTIES ARE:

Capital punishment:
Death.

Afflictive penalties:
Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Prision mayor.

Correctional penalties:
Prision correccional,
Arresto mayor,
Suspension,
Destierro.

Light penalties:
Arresto menor,
Public censure.

Penalties common to the three preceding classes:

Fine, and
Bond to keep the peace.

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THE ACCESSORY PENALTIES ARE:

Perpetual or temporary absolute disqualification,

Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and be voted for, the
profession or calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and proceeds of the offense,
Payment of costs.

 What are the different duration of penalties? (Art 27)

Reclusion Perpetua – (20 yrs and 1 day to 40yrs) after 30 years, can be pardoned, except when he is
unworthy of pardon by reason of his conduct and some other serious cause, it won’t exceed 40 years.

Reclusion Temporal – 12 yrs and 1 day to 20 yrs

Prision Mayor and temporary disqualification – 6 yrs and 1 day to 12 yrs; disqualification if
accessory follows the duration of the principal penalty

Prision Correccional, suspension and destierro – 6 mos and 1 day to 12 yrs; disqualification if
accessory follows the duration of the principal penalty

Arresto Mayor – 1 month and 1 day to 6 months

Arresto Menor – 1 day to 30 days

Bond to keep the peace – the period during which the bond shall be effective is discretionary to the
court

 What are the rules in the computation of penalty? (Art 28)

8. If the offender shall be in prison, the term of the duration of the temporary penalties shall be
computed from the day on which the judgment of conviction shall have become final.
9. If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of
liberty shall be computed from the day that the offender is placed at the disposal of the judicial
authorities for the enforcement of the penalty. The duration of the other penalties shall be computed
only from the day on which the defendant commences to serve his sentence.

 What is pardon?
Pardon is an act of grace which exempts the individual upon whom it is bestowed from the
punishment which the law inflicts for the crime he has committed.

 What are the effects of pardon by the Chief Executive? (Art 36)
A pardon shall not work the restoration of the right to hold public office, or the right of suffrage,
unless such rights be expressly restored by the terms of the pardon.
A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon
him by the sentence.

What are the effects of pardon by the offended party? (Art 23)
A pardon of the offended party does not extinguish criminal action except in crimes of seduction,
abduction, rape or acts of lasciviousness; but civil liability with regard to the interest of the injured party is
extinguished by his express waiver.

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 Differentiate pardon by the Chief Executive and pardon by the offended party.
Pardon by the Chief Executive distinguished from pardon by the offended party:

1. Pardon by the Chief Executive extinguishes the criminal liability of the offender; such is not the case
when the pardon is given by the offended party.

2. Pardon by the Chief Executive cannot include civil liability which the offender must pay; but the offended
party can waive the civil liability which the offender must pay.

3. In cases where the law allows pardon by the offended party, the pardon should be given before the
institution of criminal prosecution and must be extended to both offenders. This is not true for pardon
extended by the Chief Executive for the same may be extended to offenders whether the crime
committed is public or private offense.

 What is subsidiary penalty? (Art 39)

Subsidiary penalty is the personal liability imposed, at the rate of one day for each 8 pesos, upon
the accused who has no property with which to meet his pecuniary liabilities.

 What are the rules in the imposition of subsidiary penalty? (Art 39)

1. If the principal penalty imposed be prision correccional or arresto and fine, his subsidiary imprisonment
shall not exceed 1/3 of the term of the sentence, and in no case shall it continue for more than 1 year,
and no fraction or part of a day shall be counted against the prisoner.

2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed 6
months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed
15 days, if for a light felony.

3. When the principal imposed is higher than prision correccional, no subsidiary imprisonment shall be
imposed upon the culprit.

4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but such
penalty is of fixed duration, the convict, during the period of time established in the preceding rules,
shall continue to suffer the same deprivations as those of which the principal penalty consists.

5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not
relieve him, from the fine in case his financial circumstances should improve.

 What is a complex crime? (Art 48)

A complex crime is a single act which constitutes 2 or more grave or less grave felonies, or when an
offense is a necessary means for committing another. The penalty to be imposed for complex crime shall be
based upon the most serious crime, the same to be applied in its maximum period.

 What are the rules in the imposition of penalty when the crime committed is different from that
intended? (Art 49)
The rules in the imposition of penalty when the crime committed is different from that intended are the
following:
1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense
which the accused intended to commit, the penalty corresponding to the latter shall be imposed in its
maximum period.
2. If the penalty prescribed for the felony committed be lower than that corresponding to the one which
the accused intended to commit, the penalty for the former shall be imposed in its maximum period.
3. The rule established by the next preceding paragraph shall not be applicable if the acts committed by
the guilty person shall also constitute an attempt or frustration of another crime, if the law prescribes
a higher penalty for either of the latter offenses, in which case the penalty provided for the
attempted or the frustrated crime shall be imposed in its maximum period.

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 When are accomplices punished as principals? (Art 60)

Accomplices are punished as principals in the following cases:
1. The ascendants, guardians, curators, teachers and any person who, by abuse of authority or
confidential relationships, shall cooperate as accomplices in the perpetration of the crimes of rape
and acts of lasciviousness, seduction, corruption of minors and white slave trade, and abduction,
shall be punished as principals.
2. When one furnished the place for the perpetration of the crime of slight illegal detention

 What is an impossible Crime? (Art 59)

An impossible crime is an act which would be an offense against persons or property, were it not
for the inherent impossibility of its accomplishment or an account of the employment of inadequate or
ineffectual means. (ART 4.2) The court, having in mind the social danger and the degree of criminality shown
by the offender, shall impose upon him the penalty of arresto mayor or a fine from 200 to 500 pesos. (ART
59)

 When is a person a habitual delinquent?

A person shall be deemed to be habitual delinquent, 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 of said crimes a third time or oftener. (ART 62)

 What are the distinctions between habitual delinquency and recidivism

The distinctions between habitual delinquency and recidivism are the ff:
1. As to the crimes committed, in recidivism, it is sufficient that the accused on the date of his trial, shall
have been previously convicted by final judgment of another crime embraced in the same titles of the
RPC; in habitual delinquency, the crimes are specified.
2. As to the period of time the crimes are committed, in recidivism, no period of time between the former
conviction and the last conviction is fixed by law; in habitual delinquency, the offender is found guilty of
any of the said crimes specified within 10 years from his last release or last conviction.
3. As to the number of crimes committed, in recidivism, the second conviction for an offense embraced in
the same title of the RPC is sufficient; in habitual delinquency, the accused must be found guilty the third
time or oftener of any of the crimes specified.
4. As to their effects, recidivism, if not offset by a mitigating circumstance, serves to increase the penalty
only to the maximum, whereas, if there is habitual delinquency, an additional penalty is also imposed.

 What are the rules for the application of penalties which contain three periods? (Art 64)
The rules for the application of penalties which contain three periods are the ff:
1. When there are neither aggravating nor mitigating circumstances, they shall impose the penalty
prescribed by law in its medium period.
2. When only a mitigating circumstances is present in the commission of the act, they shall impose the
penalty in its minimum period.
3. When an aggravating circumstance is present in the commission of the act, they shall impose the
penalty in its maximum period.
4. When both mitigating and aggravating circumstances are present, the court shall reasonably offset
those of one class against the other according to their relative weight.
5. When there are two or more mitigating circumstances and no aggravating circumstances are present,
the court shall impose the penalty next lower to that prescribed by law, in the period that it may deem
applicable, according to the number and nature of such circumstances.
6. Whatever may be the number and nature of the aggravating circumstances, the courts shall not impose
a greater penalty than that prescribed by law, in its maximum period.
7. Within the limits of each period, the court shall determine the extent of the penalty according to the
number and nature of the aggravating and mitigating circumstances and the greater and lesser extent
of the evil produced by the crime.

 What is the “three fold rule”?

The Three-Fold Rule imports that the maximum duration of the convict's sentence shall not be more
than three times the length of time corresponding to the most severe of the penalties imposed upon him. No
other penalty to which he may be liable shall be inflicted after the sum total of those imposed equals the
same maximum period. (ART 70)

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 Who are disqualified from the application of the Indeterminate Sentence Law?
The ISLAW shall not apply to the ff:
1. Persons convicted of offenses punished with death penalty or life-imprisonment;
2. Those convicted of treason, conspiracy or proposal to commit treason;
3. Those convicted of misprision of treason, rebellion, sedition or espionage;
4. Those convicted of piracy;
5. Those who are habitual delinquents;
6. Those who have escaped from confinement or evaded sentence;
7. Those who having been granted conditional pardon by the Chief Executive shall have violated the terms
thereof;
8. Those whose maximum term of imprisonment does not exceed one year;
9. Those already sentenced by final judgment at the time of approval of the ISL.
10. Those sentenced to the penalty of destierro or suspension.

 What is probation?
Probation is disposition under which a defendant, after conviction and sentence, is released, subject to the
conditions imposed by the court and to the supervision of the probation officer.

 Who are disqualified from probation?

The benefits of the Probation Law shall not be extended to those:
(a) Sentenced to serve a maximum term of imprisonment of more than six years;
(b) Convicted of subversion or any crime against the national security or the public order;
(c) Who have previously been convicted by final judgment of an offense punished by imprisonment of not
less than one month and one day and/or a fine of not less than Two Hundred Pesos.
(d) Who have been once on probation under the provisions of the Probation Law; and
(e) Who are already serving sentence at the time the substantive provisions of the Probation Law became
applicable pursuant to Section 33 thereof.

CASES:
1. COMPLEX CRIME PROPER (Art 48)
Falsification of a public document by an accountable officer (altering the duplicate of cedulas already
issued to other persons by erasing the names originally written thereon and writing on their places new
names) is an offense which is necessary to commit malversation (collecting P2 from each of them and
misappropriating the amount), which is another offense. The accused had to falsify the duplicate of the
cedulas to obtain from the taxpayers the money which he later misappropriated. (People v Barbas)

2. NO RETROACTIVE EFFECT OF PENAL LAWS AS REGARDS JURISDICTION OF COURT (Art 22)

A committed estafa, which under the law then in force, the penalty was arresto mayor in its
medium period to prision correccional minimum, a penalty which cannot be imposed by the justice of
the peace court. CFI has jurisdiction. At the time the complaint was filed, RPC took effect. The penalty
now is arresto mayor in its medium and maximum periods, a penalty which the justice of the peace
court can impose. The justice of the peace court has jurisdiction. (People v Pegarun)
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. (People v Romualdo)

3. PARDON UNDER Art 344 (crimes of seduction, abduction, rape or acts of lasciviousness) MUST BE
MADE BEFORE THE INSTITUTION OF CRIMINAL PROCEDURE. (Art 23)
A motion to dismiss the case based solely on the pardon of the offended party, given AFTER the
filing of the complaint, will be denied by the court. Exception: pardon by marriage between the offender
and the offended party, even AFTER the filing of the complaint.
Pardon under Art 344 does not extinguish criminal liability but is only a bar to criminal
prosecution. Civil liability is extinguished by express waiver of the offended party.

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4. PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED FROM TERM OF IMPRISONMENT (Art 29)

A was accused of violation of a crime the penalty provided for is prision correccional or a fine
from P200-2000, or both. During the pendency of the trial, A was detained for 10 days. Having been
found guilty, A was sentenced to pay a fine of P500. Can A successfully claim that his fine should be
reduced because of his preventive imprisonment for 10 days? No, because his sentence does not include
deprivation of liberty. He must render payment of his fine.

Note: Accused undergoes preventive imprisonment when the offense charged is nonbailable, or
even if bailable, he cannot furnish the required bail.

Note: Destierro constitutes deprivation of liberty.

5. INSTRUMENTS OF THE CRIME BELONGING TO INNOCENT THIRD PERSON MAY BE RECOVERED

(Art 45)
A was an employee of B and during the latter’s absence, A drew out a check for p3500 against
the bank account of B and used the money to bride C to permit illegal importation of opium.
B’s money should not be confiscated and B has a right to intervene in the court having
jurisdiction of the offense for the purpose of determining his rights in the premises.

6. A killed B in incomplete self-defense, also attended by two other ordinary mitigating

circumstances. What penalty is imposed on A? (ISLAW)
The penalty for homicide is reclusion temporal. Due to the attendance of the privileged
mitigating circumstance of incomplete self-defense, it shall be reduced by 2 degrees and because of 2
ordinary mitigating circumstances without any aggravating circumstance, the reduced penalty shall be
further reduced by another degree, such that A shall be imposed the penalty of arresto mayor in its
medium period.

7. A committed a felony punishable by reclusion perpetua to death. It was attended by 2

ordinary mitigating circumstances. The court applied Article 64 in the determination of
penalty and A was sentenced to suffer the penalty next lower which is reclusion temporal.
Was the penalty correct? Reason. (Art 63)
No, the penalty was not correct because the imposable penalties upon A are composed of 2
indivisible penalties. It is Article 63, not Article 64, that should be applied. Due to the attendance of 2
ordinary mitigating circumstances, without the presence of any aggravating circumstance, the lower
penalty should be applied, and that is reclusion perpetua.

8. A is convicted of the ff sentences: 1 year for theft, 2 years for estafa and 1 year, 4 months
for falsification. Can the three old rule be applied in his case? (Art 70)
No, the three-fold rule cannot be applied. The total of all the penalties imposed upon A is 4
years and 1 month, while 3 times the most severe of the penalties imposed upon him is 6 years. Since
the total of all the penalties is lesser than 3 times the most severe of the penalties, the three-fold rule
cannot be applied because it is not beneficial to A.

9. A as principal, B as accomplice and C as accessory are guilty of the crime of Homicide. What
are their penalties? (Arts 50-57)
A as Principal – Reclusion Temporal (Art 249)
B as Accomplice – Prision Mayor
C as Accessory – Prision Correctional

Reyes: Revised Penal Code, 2006.