ARTICLE 72 IF THE LAW PROVIDES THE HIGHER PENALTY
WITHOUT DURATION AND THE RESULT WILL BE THE
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 final judgments
rendered against him, beginning wi h the first in order
of time.
PAYMENT OF CIVIL LIABILITY OF TWO OR MORE
CRIMES shall follow the chronological order of dates
of FINAL JUDGMENT not on the date of commission of
the offense.
ARTICLE 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 Article s 40,
41 , 42, 43 , 44, and 4 5 of this Code , it must be
understood that the accessory penalties are also
imposed upon the convict.
ACCESSORY PENALTIES ENUMERATED UNDER ARTICLE
40-45 ARE DEEMED IMPOSED by the courts without
the necessity of making an express pronouncement of
their imposition.
 Subsidiary imprisonment is not an accessory
penalty and therefore, the judgment of
conviction must expressly state that the
offender shall suffer the subsidiary
imprisonment in case of insolvency. (People
vs. Fajardo)
ARTICLE 74
Penalty higher than reclusion perpetua in certain
cases. — In cases in which the la w prescribe s a
penalty higher than another given penalty, without
specifically designating the name of the former, if such
higher penalty should be that of death, the same
penalty and the accessor y penalties of Article 40, shall
be considered a s the next higher penalty .
IMPOSITION OF DEATH, THE PENALTY (ORIGINAL
PENALTY GIVEN) AND THE ACCESSORY PENALTY OF
DEATH SHALL APPLY/ BE IMPOSED, UNLESS EXECUTED
BY REASON OF COMMUTATION OR PARDON.
ARTICLE 75
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 prescribe d by law, without
however, changing the minimum.
Fines may be increased or reduced by ¼ maximum
prescribed by law without changing the minimum
and applies to fine with fixed cost amount but are
made proportional.
Fines are also graduated into degrees for the
imposition of the proper amount of the fine on
accomplices and accessories or on the principals in
frustrated or attempted felonies. (Arts. 50 to 57)
EXAMPLE OF REDUCING BY ONE DEGREE
Cost imposed ÷ ¼
Ex. Cost imposed – 200 - 2,000
Minimum – 200 (base cost since the law provides:
“without however, changing the minimum”)
Maximum = 2,000 to be divided by ¼ as expressed by
the law
2,000 ÷ ¼ = 500 – cost to be diminished to lower by
one degree
Hence, one degree lower of the cost would amount
to 200 – 1,500.
Another degree lower would amount to 200 – 1,000.
(Note: The law used the term DEGREE not period!)
EXAMPLE OF INCREASING BY DEGREE Example: When the negligent act resulted in damage
to property of another, the fine shall be from an
If the law provides that the imposable fine is 6,000
amount equal to the value of the damage to three
and not more than 40, 000.
times such value, but shall in no case be less than 25
40,000 ÷ ¼ = 10,000 pesos. (Art. 365, par. 3)

Hence if the fine is to be increased by one degree in Proportional fines like:

accordance with this article, the fine would be 6,000
– 50,000.
"Without changing the minimum."
This article specifically mentions the word "minimum"
of the fine. Under this article, the fine must have a
minimum and a maximum fixed by law.
This article, therefore, does not apply when the law
does not fix the minimum of the fine
WHAT IF THE MINIMUM IS NOT FIXED BY LAW?
In the crime of direct bribery (Art. 210) involving a
bribe of P2,300, the maximum fine is 6,900 (three
times the value of the gift), and that amount (6,900)
should be the basis for lowering the penalty by two
degrees, which is the penalty for attempted bribery.
(De los Angeles vs. People)
6,900 is three times the value of the gift, so it’s
proportional. Nevertheless, the method of
computation to reduce or increase by one degree is
the same as shown above.

- Discretion of the courts. ARTICLE 76

When only the maximum of the fine is fixed, the

determination of the amount to be imposed is left
Art. 76. Legal period of duration of divisible penalties.
to the sound discretion of the courts, without
— The legal period of duration of divisible penaltie s
exceeding the maximum authorized by law.
shall be considered as divided into three parts,
(People vs. Quinto)
forming three periods, the minimum, the medium,
FINE WITH MINIMUM FINE WITHOUT and the maximum in the manner shown in the
MINIMUM following table. (see table next page)
the law fixes the the law fixes the
COMPUTATION
maximum of the fine maximum of the fine
When the law fixes the the court can impose Ex. Imposed penalty: RECLUSION TEMPORAL
minimum of the fine, any amount not
the court cannot change exceeding such 1. 12 years and 1 day to 20 years – maximum as
that minimum. maximum imposed by law
When the law fixes both whereas, when only the
2. Subtract the minimum from the maximum
the minimum and the maximum is fixed, it
maximum, the court can cannot impose an (disregarding the 1 day)
impose an amount amount higher than the 20-12 = 8 years
higher than the maximum
maximum 3. Divide the difference by 3

8 years ÷ 3 = 2 years and 8 months

As to "fines that do not consist of a fixed amount, but
4. Add the minimum period imposed by law
are made proportional."
(disregarding the 1 day) to the difference duration to
The last paragraph of this article speaks of fines which get the maximum of the minimum period.
are not of fixed amount, but are made proportional.
 TIME INCLUDED IN
PENALTIES THE PENALTY IN ITS MINIMUM MEDIUM MAXIMUM
ENTIRETY
14 YEARS, 8
12 YEARS AND 1 FROM 17 YEARS AND
12 YEARS AND 1 DAY MONTHS AND 1 DAY
RECLUSION TEMPORAL DAYS TO 14 YEARS 4 MONTHS AND 1
– 20 YEARS TO 17 YEARS AND 4
AND 8 MONTHS DAY TO 20 YEARS
MONTHS
PRISION MAYOR,
ABSOLUTE
6 YEARS AND 1 DAY 6 YEARS AND 1 DAY 8 YEARS AND 1 DAY 10 YEARS AND 1 DAY
DISQUALIFICATION AND
TO 12 YEARS TO 8 YEARS TO 10 YEARS. TO 12 YEARS
SPECIAL TEMPORARY
DISQUALIFICATION
2 YEARS, 4 MONTHS
PRISION CORRECCIONAL, 6 MONTHS AND 1 4 YEARS AND 2
6 MONTHS AND 1 AND 1 DAY TO 4
SUSPENSION AND DAY TO 2 YEARS AND MONTHS AND 1 DAY
DAY TO YEARS YEARS AND 2
DESTIERRO 4 MONTHS TO 6 YEARS
MONTHS

1 MONTH AND 1 DAY 1 MONTH TO 2 2 MONTHS AND 1 4 MONTHS AND 1

ARRESTO MAYOR
TO 6 MONTHS MONTHS DAY TO 4 MONTHS DAY TO 6 MONTHS

ARRESTO MENOR 1 TO 30 DAYS 1 TO 10 DAYS 11 TO 20 DAYS 21 TO 30 DAYS

12 years + 2 years and 8 months = 14 years and 8 months
The answer would be the maximum of the minimum period.
Hence, the minimum period of Reclusion Temporal is 12
years and 1 day – 14 years and 8 months.
4. To get the minimum of the medium period add 1 day
from the maximum of the minimum period.
14 years, 8 months and 1 day – minimum of MEDIUM
PERIOD
From there, add the duration from no. 3. (disregarding the
1 day) to get the maximum of the Medium period.
14 years, 8 months + 2 years and 8 months = 17 years and 4
months which is now the MAX of the MEDIUM PERIOD.
Hence, the medium period of Reclusion Temporal is
14 years, 8 months and 1 day - 17 years and 4 months
5. To get the min. of the maximum period add 1 day to the
max. of the medium period. And repeat the process.
MAX: 17 years, 4 months and 1 day to 20 years.
(Nasa table lahat ng duration kung tamad magcompute
HAHAHA pero pinakita ko na rin lang just in case uwu)
 When the prescribed penalty does not have three
periods, it has to be divided into three equal
portions for the application of the rules contained
in Art. 64.
 When the penalty prescribed is any of the divisible
penalties enumerated in Art. 25, its three periods,
except those of arresto mayor, are the three equal
portions of the divisible penalty.
THE DIVISION OF ARRESTO MAYOR INTO THREE EQUAL
PERIODS DOES NOT FOLLOW THE RULE.
According to the table prepared under Art. 76, the three
periods of arresto mayor are:
Minimum period — 1 month and 1 day to 2 months.
Medium period — 2 months and 1 day to 4 months.
Maximum period — 4 months and 1 day to 6 months.
DISTINCTION BETWEEN "PERIOD" AND "DEGREE."
PERIOD - each of the three equal parts of a divisible penalty
DEGREE - the diverse penalties mentioned by name in the
Revised Penal Code
ARTICLE 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 sever e the maximum
period.
Whenever the penalty prescribe d doe s not have one of the
forms specially provided for in this Code, the periods shall
be distributed, applying by analogy the prescribed rule.
WHAT IS A COMPLEX PENALTY?
It is a penalty prescribed by law composed of three distinct
penalties, each forming a period; the lightest of them shall
be the minimum, the next the medium, and the most severe
the maximum period. (Art. 77)
WHEN THE LAW PRESCRIBES A PENALTY COMPOSED OF
THREE DISTINCT PENALTIES, EACH ONE SHALL FORM A
PERIOD.
Example: Reclusion temporal to death (Art. 114).
Maximum — Death.
Medium — Reclusion perpetua (this is between
reclusion temporal and death).
Minimum — reclusion temporal.
Application by analogy of the rules.
EXAMPLE:
1. Art. 114, par. 3, provides a penalty of prision mayor to
death. The penalty is composed of four distinct penalties,
namely, prision mayor, reclusion temporal, reclusion
perpetua, and death.
MAX – DEATH
MEDIUM – RECLUSION PERPETUA
MIN. – Composed of Prision Mayor and Reclusion Temporal
2. Art. 294, par. 2, provides a penalty of reclusion temporal
in its medium period to reclusion perpetua. The penalty is
composed of two distinct penalties.
MAX – RECLUSION PEPETUA
MED – RECLUSION TEMPORAL
MIN – RECLUSION TEMPORAL IN ITS MEDIUM PERIOD
ARTICLE 78
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
observe d 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 a t least into different
departments, and also for the correction and reform of the
convicts.
Only penalty by final judgment can be executed.
Rule 120, Sec. 7, Rules of Court:
The judgment must be final before it can be executed,
because the accused may still appeal within 15 days from
its promulgation. But if the defendant has expressly waived
in writing his right to appeal, the judgment becomes final
immediately.
- The judgment becomes final on express waiver of
appeal.
- Appeal can be made with 15 days from the
promulgation of the decision.
ARTICLE 79
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 observe d 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
observe d if the insanity or imbecility occur s while the
convict is serving his sentence.
AN ACCUSED PERSON MAY BECOME INSANE:
- At the time of the commission of the offense;
- At the time of trial;
- At the time of final judgment;
- While serving sentence.
RULES REGARDING EXECUTION AND SERVICE OF
PENALTIES IN CASE OF INSANITY.
1. When a convict becomes insane or imbecile after final
sentence has been pronounced, the execution of said
sentence is suspended only as regards the personal
penalty.
2. If he recovers his reason, his sentence shall be executed,
unless the penalty has prescribed.
3. Even if while serving his sentence, the convict becomes
insane or imbecile, the above provisions shall be observed.
4. Payment of civil liability is NOT SUSPENDED.
CAN THE OFFENDED PARTY ASK FOR THE EXECUTION OF
THE JUDGMENT WITH RESPECT TO CIVIL LIABILITY?
Yes, because while the execution of the sentence is
suspended as regards the personal penalty, the payment of
his civil or pecuniary liability shall not be suspended.
 If he was insane AT THE TIME OF THE COMMISSION of
the offense, he is exempt from criminal liability. (ART 12
PAR 1)
 WHAT IF at the time of the commission of the offense
BUT subsequently becomes insane during the trial of the
case?
 - If he was sane at the time of the commission of the
offense but subsequently becomes insane during
the trial of the case in such a way that he cannot
have a fair trial or make proper defense even with
the help of counsel the court shall suspend
proceedings and order his confinement in a
hospital until he recovers his reason.
 If his insanity should come after final sentence or while
serving his sentence, the execution thereof shall be
suspended with regard to the personal penalty only.
ARTICLE 80
The provisions of Article 80 of the Revised Penal Code have
been repealed by Chapter Three of P.D. No. 603, as
amended (The Child and Youth Welfare Code), and by the
provisions of Rep. Act No. 9344 (Juvenile Justice and
Welfare Act of 2006).
WHAT IS A CHILD?
Under Sec. 4 of Rep. Act No. 9344, a "Child" is denned as "a
person under eighteen (18) years.
CHILD IN CONFLICT WITH THE LAW
- a child who is alleged as, accused of, or adjudged as,
having committed an offense under Philippine laws
MINIMUM AGE OF CRIMINAL RESPONSIBILITY
A child fifteen (15) years of age or under at the time of the
commission of the offense shall be exempt from criminal
liability.
However the child shall be subjected to an intervention
program.
A child above fifteen (15) years but below eighteen (18)
years of age shall likewise be exempt from criminal liability
and be subjected to an intervention program.
UNLESS he/she has acted with discernment, in which case,
such child shall be subjected to the appropriate proceedings
in accordance with this Act.
The exemption from criminal liability herein established
DOES NOT INCLUDE EXEMPTION FROM CIVIL LIABILITY,
which shall be enforced in accordance with existing laws.
(Sec. 6, Rep. Act No. 9344)
The authority which will have an initial contact with the
child (15 years old or below) has the duty to immediately
release the child to the custody of:
- his/her parents or guardian,
- in the absence thereof, the child's nearest relative
Authority shall give notice to the local social welfare and
development officer who will determine the appropriate
programs in consultation with the child and to the person
having custody over the child.
If the parents, guardians or nearest relatives cannot be
located, or if they refuse to take custody, the child may be
released to any of the following:
- a duly registered nongovernmental or religious
organization;
- a barangay official or a member of the Barangay
Council for the Protection of Children-(BCPC)
- a local social welfare and development officer;
- DSWD
DIVERSION PROGRAMS FOR CHILDREN OVER 15 AND
UNDER 18 WHO ACTED WITH DISCERNMENT.
- If found guilty of the offense charged, the court
shall determine and ascertain any civil liability
which may have resulted from the offense
committed.
- The court shall place the child in conflict with the
law under suspended sentence, without need of
application.
- The suspension of sentence shall be applied even if
the juvenile is already eighteen (18) years of age or
more at the time of the pronouncement of his/her
guilt.
MINIMUM AGE OF CRIMINAL RESPONSIBILITY
- Under Rep. Act No. 9344, a child under fifteen (15)
years of age, shall be exempt from criminal liability,
regardless of whether or not he/she acted with
discernment.
- Under P.D. No. 603 (Repealed), a child nine (9)
years of age or under at the time of the commission
of the offense, and a child over nine (9) years and
under fifteen (15) years of age unless he acted with
discernment, shall be exempt from criminal liability
(Sec. 189, P.D. No. 603)
 DISCERNMENT
- Under Rep. Act No. 9344, a child above fifteen (15)
years but below eighteen (18) years of age who
acted with discernment shall be subjected to the
appropriate proceedings in accordance with the
Act.
SUSPENSION OF SENTENCE
- Under P.D. No. 603, there is no automatic
suspension of sentence. The youthful offender
should apply for a suspended sentence and it is
discretionary on the court to approve the
application. The order of the court denying an
application for suspension of sentence shall not be
appealable.
- Under Rep. Act No. 9344, suspension of sentence is
automatic.
COURT PROCEEDINGS.
Bail.
For purpose of recommending the amount of bail, the
privileged mitigating circumstance of minority shall be
considered.
RELEASE ON RECOGNIZANCE.
Where a child is detained, the court shall order:
- the release of the minor on recognizance to his/her
parents and other suitable persons;
- the release of the child in conflict with the law on
bail; or
- the transfer of the minor to a youth detention
home/youth rehabilitation center.
The court shall not order the detention of a child in a jail
pending trial or hearing of his/her case.
DETENTION OF THE CHILD PENDING TRIAL
Children detained pending trial may be released on ball or
recognizance.
In all other cases and whenever possible, detention pending
trial may be replaced by alternative measures such as
- close supervision
- intensive care
- placement with a family or in an education setting
or home
Whenever detention is necessary, a child will always be
detained in youth detention homes established by local
governments.
- In the absence of a youth detention home, the
child in conflict with the law may be committed to
the care of the DSWD or a local rehabilitation
center.
DISCHARGE OF THE CHILD IN CONFLICT WITH THE LAW.
- Upon the recommendation of the social worker
who has custody of the child the court shall dismiss
the case against the child if it finds that the
objective of the disposition measures have been
fulfilled.
- If the child in conflict with the law has willfully failed
to comply with the conditions of his/her disposition
or rehabilitation program, the child in conflict with
the law shall be brought before the court for
execution of judgment
- If said child in conflict with the law has reached
eighteen (18) years of age while under suspended
sentence, the court shall determine whether to
discharge the child in accordance with this Act, to
order execution of sentence, or to extend the
suspended sentence for a certain specified period
or until the child reaches the maximum age of
twenty-one (21) years.
The child in conflict with the law shall be credited in the
service of his/her sentence with the full time spent in actual
commitment and detention under this Act.
CAN THE CHILD APPLY FOR PROBATION?
Yes. The court may, after it shall have convicted and
sentenced a child in conflict with the law, and upon
application at any time, place the child, or probation in lieu
of service of his/her sentence taking into account the best
interest of the child. (Sec. 42, Rep. Act No. 9344)
OBJECTIVE OF REHABILITATION AND REINTEGRATION.
- provide them with interventions
- approaches
- strategies that will enable them to improve their
social functioning with the end goal of reintegration
 to their families and as productive members of their
communities.
COURT ORDER REQUIRED.
- No child shall be received in any rehabilitation or
training facility without a valid order issued by the
court after a hearing for the purpose
FACILITIES
- Under no other circumstance shall a child in conflict
with the law be placed in the same confinement as
adults.
- Unless they are members of same family.
FEMALE CHILDREN
- shall be given special attention as to their personal
needs and problems
- shall be handled by female doctors, correction
officers and social workers
- shall be accommodated separately from male
children in conflict with the law
CARE AND MAINTENANCE OF THE CHILD IN CONFLICT
WITH THE LAW.
- shall be borne by his/her parents or those persons
liable to support him/her
- in case his/her parents or those persons liable to
support him/her cannot pay all or part of said
expenses, the municipality where the offense was
committed shall pay one-third (1/3) of said
expenses
Confinement of Convicted Children in Agricultural Camps
and other Training Facilities.
- Child may be made to serve his/her sentence, in lieu
of confinement in a regular penal institution, in an
agricultural camp and other training facilities
REHABILITATION OF CHILDREN IN CONFLICT WITH THE
LAW
- child may undergo any or a combination of
disposition measures best suited to the
rehabilitation and welfare of the child as provided
in the Supreme Court Rule on Juveniles in Conflict
with the Law
- and he/she shall be released to parents, guardians,
relatives or any other responsible person in the
community and participate to community based
projects
YOUTH REHABILITATION CENTER.
- shall provide 24-hour group care, treatment and
rehabilitation services under the guidance of a
trained staff where residents are cared for under a
structured therapeutic environment with the end
view of reintegrating them in their families and
communities as socially functioning individuals
- shall submit a quarterly report on the progress of
the children in conflict with the law
CIVIL LIABILITY OF YOUTHFUL OFFENDERS
- shall devolve upon:
1. offender's father
2. in case of his death or incapacity of the
father, upon the mother
3. or in case of her death or incapacity,
upon the guardian
- Civil liability may also be voluntarily assumed by a
relative or family friend of the youthful offender.
LIABILITY OF PARENTS OR GUARDIAN OR ANY
PERSON IN THE COMMISSION OF DELINQUENT ACTS
BY THEIR CHILDREN OR WARDS.
A person whether the parent or guardian of the child or
not, who knowingly or willfully
- Aids, causes, abets or connives with the commission
by a child of a delinquency, or
- Does any act producing, promoting, or contributing
to a child's being or becoming a juvenile delinquent,
shall be punished by a fine not exceeding five
hundred pesos or to imprisonment for a period not
exceeding two years, or both such fine and
imprisonment, at the discretion of the court.
CONFIDENTIALITY OF RECORDS AND PROCEEDINGS
- All records and proceedings involving children in
conflict with the law from initial contact until final
disposition of the case shall be considered
privileged and confidential.
INDETERMINATE SENTENCE LAW
Purpose/Objective shall sentence the accused to an indeterminate sentence."
(People vs. Yu Lian)
 to uplift and redeem valuable human materials
 promote economic usefulness THE COURT MUST DETERMINE TWO PENALTIES.
 prevent unnecessary and excessive deprivation of
Referred to in the Indeterminate Sentence Act as:
liberty
MAXIMUM and MINIMUM TERMS
FACTORS TO BE CONSIDERED
The law should be applied in imposing a prison sentence for
- age, especially with reference to extreme youth or
a crime punishable either by:
old age;
- general health and physical conditions; - special law
- mentality, heredity and personal habits; - by the Revised Penal Code.
- previous conduct, environment and mode of life
THE CRIME IS PUNISHED WHEN THE CRIME IS
(and criminal record, if any);
BY A SPECIAL LAW PUNISHED BY THE CODE
- previous education, both intellectual and moral;
If the offense is The court shall sentence
- proclivities and aptitudes for usefulness or injury to
punished by a special the accused to an
society; law, the court shall indeterminate penalty,
- demeanor during trial and his attitude with regard sentence the accused to the maximum term of
to the crime committed; an indeterminate which shall be that
- the manner and circumstances in which the crime penalty, the maximum which, in view of the
term of which shall not attending
DISQUALIFICATIONS
exceed the maximum circumstances, could be
Indeterminate Sentence Law shall not be applicable to the fixed by said law and properly imposed under
following: the minimum term shall the rules of the Revised
not be less than the Penal Code, and the
- punished with DEATH PENALTY or LIFE minimum prescribed by minimum term of which
IMPRISONMENT. the same. (Sec. 1, Act shall be within the
- convicted of TREASON, CONSPIRACY OR No. 4103) range of the penalty
PROPOSAL TO COMMIT TREASON. next lower to that
- convicted of MISPRISION OF TREASON, prescribed by the Code
REBELLION, SEDITION OR ESPIONAGE. for the offense.
- convicted of PIRACY
- HABITUAL DELINQUENTS WHEN THE CRIME IS PUNISHED UNDER SPECIAL LAW –
- ESCAPEES/EVADERS
- VIOLATED the terms of conditional pardon granted EXAMPLE:
to them by the Chief Executive. As imposed: 5 years to 10 years imprisonment.
- Those whose maximum term of imprisonment
DOES NOT EXCEED ONE YEAR. The Court may impose any duration of minimum and
- Those who, upon the approval of the law maximum between 5-10 years as imposed penalty of the
(December 5, 1933), had been sentenced by final SPECIAL LAW, WITHOUT EXCEEDING TO THE MINIMUM
judgment. (Sec. 2, Act No. 4103) WHICH IS 5 YEARS AS WELL AS TO THE MAXIMUM OF 10
- Those sentenced to the penalty of DESTIERRO or YEARS.
SUSPENSION. EXCEPT: If the Special Penal Law adopted the penalties
ISLAW SHOULD MANDATORILY BE IMPOSED. from RPC, the rules of ISLAW will be the same as that of
RPC.
It is mandatory in the cases specified therein, for it employs
the phrases "convicts shall be sentenced" and "the court
WHEN A CRIME IS PUNISHED UNDER RPC - the minimum (Maca-cancel
penalty shall be within the range of the penalty next lower nila yung isa’t
to that prescribed by the Code for the offense isa
amounting to
- The court cannot put the minimum penalty in the 0 and
same period and the same degree as the maximum resulting to a
penalty. MEDIUM
PERIOD, pag
RULES IN OFFSETTING (AS PER DEAN’S DISCUSSION) walang
- Applicable only on GENERIC AGGRAVATING presence ng
CIRCUMSTANCE and ORDINARY MITIGATING modifying
circ.
- No appreciation of the Mitigating and Aggravating
Automatic
in: (No need to offset)
medium)
1. Culpa
0 2 1 DEGREE
2. if the penalty is indivisible (Either Death LOWER
or Reclusion Perpetua) (For this to
3. SPL (except if the SPL used the penalties apply, there
from RPC) should be no
Aggravating
AGGRAVATING MITIGATING PERIOD Circumstance
0 0 MEDIUM present.)
1 0 MAXIMUM 0 1 1 DEGREE
0 1 MINIMUM PRIVILEGED LOWER
1 1 MEDIUM MIT

ILLUSTRATION:

MAX – Presence of 1 aggravating circ.

RECLUSION TEMPORAL
{ MEDIUM – Default and if there’s 1 agg. and 1 mit. that will offset each other

MINIMUM – Presence of 1 mit.

1. Presence of 1 aggravating circumstance

- THE INDETERMINATE SENTENCE OF RECLUSION TEMPORAL IN ITS MAXIMUM PERIOD TO PRISION MAYOR
(being the penalty next lower in degree) THE PERIOD OF WHICH IS UPON THE DISCRETION OF THE COURT OF THE
INDETERMINATE SENTENCE.

2. Presence of 1 mitigating circumstance

- THE INDETERMINATE SENTENCE OF RECLUSION TEMPORAL IN ITS MINIMUM PERIOD TO PRISION MAYOR
(being the penalty next lower in degree) THE PERIOD OF WHICH IS UPON THE DISCRETION OF THE COURT OF THE
INDETERMINATE SENTENCE.

3. PRESENCE OF EITHER MIT/AGG OR PRESENCE OF BOTH

 - THE INDETERMINATE SENTENCE OF RECLUSION TEMPORAL IN ITS MEDIUM PERIOD TO PRISION MAYOR
(being the penalty next lower in degree) THE PERIOD OF WHICH IS UPON THE DISCRETION OF THE COURT OF THE
INDETERMINATE SENTENCE.

PRIVILEGED MITIGATING – IMPOSED PENALTY: RECLUSION TEMPORAL

MAX

RECLUSION TEMPORAL
{ MED

MIN

ONE DEGREE LOWER – MAXIMUM PENALTY OF THE

INDETERMINATE SENTENCE APPRECIATING THE PRESENCE OF THE
PRIVILEGED MITIGATING CIRC.

{
PRISION MAYOR MAX

MED

MINIMUM MINIMUM PENALTY OF THE INDETERMINATE SENTENCE IS

PRISION CORRECCIONAL, THE PERIOD OF WHICH IS UPON
THE DISCRETION OF THE COURT

{
MAX
PRISION CORRECIONAL
MED

MIN

REASON FOR FIXING THE MINIMUM AND MAXIMUM PENALTIES IN THE INDETERMINATE SENTENCE.

- When the prisoner have served the minimum sentence imposed and it shall appear to the Board of
Indeterminate Sentence that such prisoner is fitted for release, said Board may authorize the release of such
prisoner on parole, upon such terms and conditions as may be prescribed by the Board.
- Whenever such prisoner released on parole shall, during the period of surveillance, violate any of the
conditions of his parole, the Board may issue an order for his arrest. In such case, the prisoner so rearrested
shall serve the remaining unexpired portion of the maximum sentence.
- Even if a prisoner has already served the minimum, but he is not fitted for release on parole, he shall continue
to serve imprisonment until the end of the maximum.

PROBATION LAW

PROBATIONER - a person placed on probation

PROBATION OFFICER - one who investigates for the court a referral for probation or supervises a probationer or both

WHAT IS PROBATION?

It is a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed
by the court and to the supervision of a probation officer.
- May be granted after the person is convicted and sentenced for a probationable penalty and upon application
(Section 4)
- Must be filed on the period for perfecting an appeal with the trial court. (Sec. 4)
- May be granted even if the penalty imposed is only a fine with subsidiary imprisonment (Sec. 4)
- A convict who filed an application for probation cannot appeal, the right to appeal is deemed waived. (Sec.
4)
- Except, if the non-probationable crime is appealed and reviewed and the penalty is modified being
probationable, the convict can now apply.
- Probation can be applied by those who are sentenced with penalty of not more than 6 years.
- Order for granting/denying probation is not appealable.
- Probation is not a sentence, it is the suspension of execution of sentence.
- The defendant may be released by bail pending the application for probation.

CRITERIA: (CAPEMA) UNDER SECTION 8

- Character
- Antecedents
- Physical condition
- Environment
- Mental condition
- Available institutional community resources

PROBATION SHALL BE DENIED: (SEC 8)

- If offender is in need of correctional treatment that can be provided by his commitment an institution
- Undue risk of community another crime
- Probation will depreciate the seriousness of offenses committed
WHO ARE DISQUALIFIED? (SEC 9)

- Those who are sentenced to serve a maximum imprisonment of MORE THAN SIX YEARS ()
- Convicted of crimes against national security
- Previously convicted of final judgment of an offense punished by imprisonment of more than 6 months and
1 day/ or a fine of more than one thousand pesos
- Those who have been once on probation
- Already serving sentence at the time the decree became applicable
- Those who already perfected an appeal
- Any person convicted of drug trafficking/pushing/selling

CONDITIONS OF PROBATION: (SEC 10)

 present himself to the probation officer designated to undertake his supervision at such place as may be
specified in the order within 72 hours from receipt of said order
 b) report to the probation officer at least once a month at such time and place as specified by said officer
The court may also require the probationer to:

- cooperate with a program of supervision;

- meet his family responsibilities;
- devote himself to a specific employment and not to change said employment without the prior written
approval of the probation officer;
 - undergo medical, psychological or psychiatric examination and treatment and enter and remain in a specified
institution, when required for that purpose;
- pursue a prescribed secular study or vocational training;
- attend or reside in a facility established for instruction, recreation or residence of persons on probation;
- refrain from visiting houses of ill-repute;
- abstain from drinking intoxicating beverages to excess;
- permit the probation officer or an authorized social worker to visit his home and place of work;
- reside at premises approved by it and not to change his residence without its prior written approval; or
- satisfy any other condition related to the rehabilitation of the defendant and not unduly restrictive of his
liberty or incompatible with his freedom of conscience

PROBATION SUSPENDS ACCESSORY PENALTY.

IN CASE OF VIOLATION: (SEC 15)

- court may order his rearrest and serve the penalty for the offense
- Convict can still post bail
- The hearing shall be summary in nature not bound by the rules of evidence
- If violation is established the court may revoke or continue his probation and modify the condition
- Revocation is not appealable.
PERIOD OF PROBATION (SEC 14)
- a defendant sentenced to a term of imprisonment of not more than one year shall not exceed two years, and
in all other cases, said period shall not exceed six years
- When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment in case
of insolvency, the period of probation shall not be less than nor be more than twice the total number of
days of subsidiary imprisonment as computed at the rate established in Article thirty-nine of the Revised
Penal Code, as amended.

Probation affects only the criminal aspect of the case.

Probation affects only the criminal aspect of the case. The suspension of the sentence imposed on
the accused who is granted probation has no bearing on his civil liability. The court must hear the civil aspect.
(Budlong vs. Apalisok,