NON-INSTITUTIONAL CORRECTIONPrepared by: Junnel P. Aguio, RCrim. : NON-INSTITUTIONAL CORRECTIONPrepared by: Junnel P. Aguio, RCrim. What is Penalty? : What is Penalty? Slide 3: It is the suffering that is inflicted by the State for the transgression of a law.
In its general sense, signifies pain; especially considered in the juridical sphere, it means suffering undergone, because of the action of human society, by one who commits a crime. (Pessina, Elementos de Derecho Penal, pp. 375-376)
What are the juridical conditions of penalty? Slide 4: Must be productive of suffering, without however affecting the integrity of the human personality.
Must be commensurate with the offense – different crimes must be punished with different penalties.
Must be personal – no one should be punished for the crime of another.
Must be legal – it is the consequence of a judgment according to law.
Must be certain – no one may escape its effects.
Must be equal for all.
Must be correctional.
What is the purpose of the State in punishing crimes? Slide 5: To secure justice. The State has an existence of its own to maintain, a conscience of it’s to assert, and moral principles to be vindicated.
Penal justice must be therefore be exercised by the State in the service and satisfaction of a duty, and rests primarily on the moral rightfulness of the punishment inflicted. Slide 6: What are the theories justifying penalty?
Note: Social defense and exemplarity justify the penalty of death. Slide 7: Three-fold purpose of the penalty of RPC:
1. Retribution or Expiation – the penalty is commensurate with the gravity of the offense.
2. Correction or Reformation – as shown by the rules which regulate the execution of the penalties consisting in deprivation of liberty.
3. Social defense – shown by its inflexible severity to recidivists and habitual delinquents. Slide 8: When penalty may not be imposed?
No felony shall be punishable by any penalty not prescribed by law prior to its commission. (Art 21,RPC) Slide 9: When penal laws shall have a retroactive effect?
Penal laws shall have a retroactive effect in so far as they favor the person guilty of a felony, who is not a habitual criminal. (Art. 22, RPC)
Although at the time of the publication of such laws a final sentence has been pronounced and the convict is serving the same.
Note: General rule is to give criminal laws prospective effect. Slide 10: The favorable retroactive effects of a new law find the defendant in one of these three situations:
The crime has been committed and prosecution begins;
Sentence has been passed but service has not begun;
The sentence is being carried out. (Escalante vs. Santos, supra) Slide 11: What is the effect of pardon by the offended party?
A pardon by the offended party does not extinguish criminal action except as provided in Article 344 of RPC.
But civil liability with regard to the interest of the injured party is extinguished by his express waiver.
Pardon under Art. 344 of RPC must be made before institution of criminal prosecution.
Note: Pardon under Art. 344 of RPC is only a bar to criminal prosecution. Art. 89 of RPC does not mentioned pardon by the offended party as one of the causes of total extinguish of criminal liability. Slide 12: What are the measures of prevention or safety are not considered penalties? (Art. 24, RPC)
The arrest and temporary detention of accused persons
The commitment of a minor to any of the institutions mentioned in RA 9344.
Suspension from the employment or public office during the trial or in order to institute proceedings.
Fines and other corrective measures.
Deprivation of rights and the reparations which the civil law may establish in penal form. Slide 13: What are the penalties may be imposed?
1. Principal Penalties:
1.1 Capital Punishment:
1.2 Afflictive Penalties:
Perpetual or Temporary Absolute Disqualification
Perpetual or Temporary Special Disqualification
Prision Mayor Slide 14: 1.3 Correctional Penalties:
1.4 Light Penalties:
1.5 Penalties common to the three preceding classes:
Bond to keep the peace. Slide 15: 2. Accessory Penalties:
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
Forfeiture or confiscation of instruments and proceeds of the offense, and
Payment of Cost Slide 16: What are the classifications of penalties? (Art. 25, RPC)
Principal penalties – those expressly imposed by the court in the judgment of conviction.
Accessory penalties – those that are deemed included in the imposition of the principal penalties. Slide 17: Classifications of Principal penalty:
Indivisible penalties – are those which have no fixed duration, are:
Perpetual absolute or special disqualification
2. Divisible penalties – are those that have fixed duration and are divisible into three periods. Slide 18: When a fine is afflictive penalty? (Art. 26, RPC)
A fine shall be considered an afflictive penalty, if it exceeds 6,000 pesos.
When a fine is correctional penalty?
A fine shall be considered a correctional penalty, if it does not exceed 6,000 pesos but is not less than 200 pesos.
When a fine is light penalty?
A fine is light penalty, if it be less than 200 pesos. Slide 19: What is the duration of each penalty? (Art. 27, RPC):
Reclusion Perpetua – shall be from twenty years and one day to forty years.
Reclusion Temporal – 12 years and 1 day to 20 years.
Prision Mayor – 6 years and 1 day to 12 years.
Prision Correccional – 6 months and 1 day to six years.
Arresto Mayor – 1 month and 1 day to 6 months.
Arresto Menor – 1 day to 30 days.
Bond to keep the peace – shall be required to cover such period of time as the court may determine. Slide 20: In what cases destierro imposed?
Serious physical injuries or death under exceptional circumstances. (Art. 247)
In case of failure to give bond for good behavior. (Art. 248)
As a penalty for the concubine in concubinage. (Art. 334)
In cases where after reducing the penalty by one or more degrees destierro is the proper penalty. Slide 21: When there is preventive imprisonment?
The accused undergoes preventive imprisonment when the offense charged is nonbailable, he cannot furnish the required bail.
What is civil interdiction?
It is the deprivation of the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property, and of the right to dispose of such property by any act or any conveyance inter vivos. (Art. 34, RPC) Slide 22: What is the effect of bond to keep the peace?
Should the person sentenced fail to give the bond as required he shall be detained for a period which shall in no case exceed six months, if he shall have been prosecuted for a grave or less grave felony, and shall not exceed thirty days, if for a light felony. (Par. 3, Art. 35, RPC)
Note: Bond to keep the peace is different from bail bond which is posted for the provisional release of a person arrested for or accused of a crime. Slide 23: What are the effects of pardon by the President?
A pardon shall not restore the right to hold public office or the right of suffrage.
It shall not exempt the culprit from the payment of the civil indemnity.
Exception: When any or both such rights is or are expressly restored by the terms of the pardon.(Art. 36, RPC)
When pardon may be granted?
Pardon may be granted only after conviction by final judgment. Slide 24: What is Cost?
Cost shall include fees and indemnities in the course of the judicial proceedings, whether they are fixed or unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule. Slide 25: What are the pecuniary liabilities of persons criminally liable?
The reparation of the damage caused.
Indemnification of the consequential damages.
Costs of Proceedings. (Art. 38, RPC) Slide 26: What is subsidiary penalty?
It is a subsidiary personal liability to be suffered by the convict who has no property with which to meet the fine, at the rate of one day for each eight pesos, subject to the rules provided for in Article 39. Slide 27: When Subsidiary penalty is not imposable?
When the penalty imposed is higher than prision correccional. (Par. 3, Art. 39, RPC)
For failure to pay the reparation of the damage caused, indemnification of the consequential damages, and the costs of the proceedings.
When the penalty imposed is fine and a penalty not to be executed by confinement in a penal institution and which has no fixed duration. Slide 28: When there is a complex crime?
When a single act constitutes two or more grave or less grave felonies. (compound crime)
When an offense is a necessary means for committing the other. (complex crime proper)
Note: No complex crime where one of the offense is penalized by a special law. Slide 29: What is special complex crime?
Cases which seem to be complex crimes but cannot be considered as such, as the RPC specially provides penalty therefore. Example: Robbery with Homicide (Art. 294, par. 1), Robbery with Rape (Art. 294, par. 2), Kidnapping with Serious Physical Injuries (Art. 267, par. 3), Kidnapping with Murder or Homicide (Art. 267, last par.), or Rape with Homicide (Art. 335). Slide 30: What is Plurality of crimes?
It consists in the successive execution by the same individual of different criminal acts upon any of which no conviction has yet been declared.
What is continued crime?
It is a single crime consisting of a series of acts but all arising from one criminal resolution. Slide 31: What are the penalty to be imposed upon principals, accomplices, and accessories of a consummated, frustrated and attempted crime? The diagram or table below is applicableNote: “0” represents the penalty prescribed by law in defining a crime. : The diagram or table below is applicableNote: “0” represents the penalty prescribed by law in defining a crime. Slide 33: What is the penalty for impossible crime?
The penalty for impossible crime is arresto mayor or a fine ranging from 200 to 500 pesos.
What are the basis for imposition of penalty for impossible of crime?
Social danger, and
Degree of criminality shown by the offender. Slide 34: When maximum penalty shall be imposed?
When in the commission of the crime, advantage was taken by the offender of his public position;
If the offense was committed by any person who belongs to an organized/syndicated crime group.
What is an organized/syndicated crime group?
A group of two or more persons collaborating confederating or mutually helping one another for purposes of gain in the commission of any crime. Slide 35: What is the effect of the attendance of aggravating circumstances?
Increasing the penalty, without, however, exceeding the maximum penalty.
What is the effect of the attendance of mitigating circumstances?
Diminishing the penalty.
What is the effect of habitual delinquency?
Habitual delinquency has the effect, not only of increasing the penalty because of recidivism which is generally implied in habitual delinquency, but also of imposing an additional penalty. Slide 36: Who is habitual delinquent?
A person is habitual delinquent if within a period of ten years from the date of his (last) release or last conviction of the crimes of:
serious or less serious physical injuries,
falsification, he is found guilty of any of said crimes a third time or oftener. Slide 37: What are the requisites of habitual delinquency?
That the offender had been convicted of any of the crimes of serious or less serious physical injuries, robbery, theft, estafa, or falsification.
That after conviction or after serving his sentence, he again committed, and within 10 years from his release or first conviction, he was again convicted of any of the said crimes for the second time.
That after conviction of, or after serving sentence for, the second offense, he again committed, and, within 10 years from his last release or last conviction, he was again convicted of any of said offenses, the third time oftener. Slide 38: What is the distinction of habitual delinquency from recidivism?
As the crime committed: In recidivism, it is sufficient that the accused on the date of his trial, shall been previously convicted by final judgment of another crime embraced in the same title of the Code; in habitual delinquency, the crimes are specified.
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 crimes specified within ten years from his last release or last conviction.
As to the number of crimes committed: In recidivism, the second conviction for an offense embraced in the same title of the Code is sufficient; in habitual delinquency, the accused must be found guilty the third time or oftener of any of the crimes specified. (People vs. Bernal, 63 Phil. 750, 755)
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. Slide 39: What is three-fold rule?
According to the three-fold rule, the ,maximum duration of the convict’s sentence shall not be more three times the length of time corresponding to the most severe of the penalties imposed upon him. (Art. 70, RPC)
When three-fold rule is applicable?
The three-fold rule applies only when the convict has to serve at least four sentences.
What is Act No. 4103?
An act to provide for an indeterminate sentence and parole for all persons convicted of certain crimes by the Courts of the Philippine Islands.
It is an act to create a Board of Indeterminate Sentence and to provide funds therefor and for other purposes. Slide 40: What are the penalties to be determined by the court as referred to Indeterminate Sentence Act?
The two penalties are Maximum and Minimum terms.
The law should be applied in imposing a prison sentence for a crime punishable either by Special Law or by Revised Penal Code. Slide 41: When Indeterminate Sentence Law is not applicable?
Indeterminate Sentence shall not applicable to the following:
Persons convicted of offenses punished with death penalty or life imprisonment.
Those convicted of treason, conspiracy or proposal to commit treason.
Those convicted of misprision of treason, rebellion, sedition or espionage.
Those convicted of piracy.
Those who are habitual delinquents.
Those who shall have escaped from confinement or evaded sentence.
Those who violated the terms of conditional pardon
Those whose maximum term of imprisonment does not exceed one year.
Those who, upon the approval of the law (Dec. 5, 1933), had been sentenced by final judgment. (Sec. 2, Act. 4103)
Those sentenced to the penalty of destierro or suspension. Slide 42: What are the reasons for fixing the Minimum and Maximum penalties in the indeterminate sentence?
Whenever any prisoner shall have served the minimum penalty imposed on him, 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. Slide 43: 2. 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. (Sec. 5 and 8, Act No. 4103)
3. 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.
- It is mandatory in the cases specified therein, for it employs the phrases “convicts shall be sentenced” and “the court shall sentence the accused to an indeterminate sentence.” (People vs. Yu Lian, CA., O.G. 4205) PROBATION : PROBATION A term coined by John Augustus, from Latin verb “probare” – to prove, to test.
John Augustus – A shoe cobbler, is credited as the “Father of Probation”. History : History The origins of probation can be traced to English criminal law of the Middle Ages. Harsh punishment were imposed on adults and children alike for offenses that were not always if a serious nature. During the time of King Henry VIII, for instance, no less than 200 crimes were punishable by death, many of which were minor offenses.
This harshness eventually led to discontent in certain progressive segments of English society concerned with the evolution of the justice system. Slowly, yet resolutely, in an effort to mitigate these inhumane punishments, such as; Royal pardons, could be purchased by the accused; benefit of clergy, judicial reprieve, sanctuary, and abjuration offered offenders a degree of protection from the enactment of harsh sentences. Slide 46: Eventually, the courts began the practice of “binding over for good behavior,” a form of temporary release during which offenders could take measures to secure pardons or lesser sentences. In the United States, particularly in Massachusetts, different practices were being developed. “Security for good behavior”, also known as good aberrance, was much like modern bail: the accused paid a fee as collateral for good behavior. Using this procedure, indictments were “laid on file” or held in abeyance. To mitigate unreasonable mandatory penalties, judges often granted a motion to quash based upon minor technicalities or errors in the proceedings. Although, these American practices were genuine precursors to probation, it is the early use of recognizance and suspended sentence that are directly related to modern probation. Two names are most closely associated with the founding of probation: : Two names are most closely associated with the founding of probation: 1. Matthew Davenport Hill
In 18th century, English barrister and judge.
As a young professional in England, had witnessed the sentencing of youthful offenders to one-day terms on the condition that they be returned to a parent or guardian who would closely supervise them. When he eventually became the Recorder of Birmingham, a judicial post, he used a similar practice for individuals who did not seem hopelessly corrupt. If offenders demonstrated a promise for rehabilitation, they were placed in the hands of generous guardians who willingly took charge of them. He had police officers pay periodic visits to these guardians in an effort to tack the offender’s progress and to keep a running account. Slide 48: 2. John Augustus
He was born in Woburn, Massachusetts, in 1785. by 1829, he was a permanent resident of Boston and the owner of a successful boot-making business.
In 1841, he attended police court to bail out a “common drunkard”, the first probationer.
In 1858, he had provided bail for 1,946 men and women, young and old. Reportedly, only ten of this number forfeited their bond, a remarkable accomplishment when measured against any standard.
In 1859, after his death, the first probation statute enacted in Massachusetts. Historical Background of Probation in the Philippines : Historical Background of Probation in the Philippines Probation was first introduced in the Philippines during the American colonial period (1898-1945) with the enactment of Act No. 4221 of the Philippines Legislature on August 7, 1935. This law created a Probation Office under the Department of Justice.
On November 16, 1937, after barely two years of existence, the Supreme Court of the Philippines declared the Probation Law Unconstitutional because of some defects in the law’s procedural framework.
In 1972, House Bill No. 393 was filed in Congress, which would establish a probation system in the Philippines. However, it was pending in the senate when Martial Law was declared and Congress was abolished. Slide 50: Teodolu C. Natividad initiated the drafting of Probation System.
In 1975, the National Police Commission Interdisciplinary drafted a Probation Law. After 18 technical hearings over a period of six months, the draft decree was presented to a selected group of 369 jurists, penologists, civic leaders and social and behavioral scientists and practitioners. The group overwhelmingly indorsed the establishment of an Adult Probation System in the country.
On July 24, 1976, Presidential Decree No. 968, also known as Adult Probation Law of 1976, was signed into Law by the President of the Philippines.
On January 3, 1978, the probation system started to operate. There are at present 204 filed offices spread all over the country, supervised by 15 regional offices. Slide 51: What is PD No. 968, as amended by PD 1257, BP 76, and PD 1990?
A decree establishing a Probation System.
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.
What is Probation Officer?
It is one who investigates for the court referral for probation or supervises a probationer or both. Slide 52: What is Probationer?
It is a person placed on probation.
Who may grant the Probation?
The trial court has convicted and sentenced a defendant.
When probation may be granted?
Probation may be granted whether the sentence imposes a term of imprisonment or a fine with subsidiary imprisonment in case of insolvency.
Upon application by said defendant within the period for perfecting an appeal, suspend the execution of the sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best. Provided, that no application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction. Slide 53: What is Post-Sentence Investigation?
It is an investigation conducted by the probation officer before the probation-applicant may be placed in probation for the determination by the court that the ends of justice and the best interest of the public as well as that of the defendant will be served thereby.
What is the period for submission of Investigation Report?
The Probation Officer shall submit to the court the investigation report on a defendant not later than 60 days from receipt of the order of said court to conduct investigation. Slide 54: What are the criteria for placing an offender on probation?
1. The court shall consider (1) all information relative to the following:
2. condition of the offender, and (2) available institutional and community resources. Slide 55: When probation shall be denied?
- Probation shall be denied if the court finds that:
the offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or
there is an undue risk that during the period of probation, the offender will commit another crime; or
probation will depreciate the seriousness of the offense committed.
The grant or denial of an application for probation does not rest solely on the offender’s potentiality to reform but also on the observance of demands of justice and public interest. (Tolentino vs. Alconcel, 121 SCRA 92) Slide 56: Who are the offenders disqualified from being placed on probation?
Those sentenced to serve a maximum term of imprisonment of more than six years;
Those convicted of subversion or any crime against the national security or public order;
Those convicted who were previously convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and / or a fine not more than two hundred pesos;
Those who have been once on probation under the provisions of the Decree; and
Those who are already serving sentence at the time the substantive provisions of the Decree became applicable pursuant to Section 33 thereof. Slide 57: What are the conditions of probation?
- Every probation order issued by the court shall contain conditions requiring the probationer to:
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 the order;
report to the probation officer at least once a month at such time and place as specified by said officer.
Even if a convicted person falls within the classes of those qualified for probation, the grant of probation is not automatic or ministerial. Probation is a privilege and its grant rests upon the discretion of the court. The discretion is exercised primarily for the benefit of society as a whole and only secondarily for the personal advantage of the accused. (Amandy vs, People, 161 SCRA 436, 443) Slide 58: What is the effect of probation on accessory penalties?
Accessory penalties are deemed suspended once probation is granted. (Baclayon vs. Mutia)
What is the effect of violation of probation order?
Upon the failure of the probationer to comply with any of the conditions prescribed in the order, or upon his commission of another offense, he shall serve the penalty imposed for the offense under which he was placed on probation. Slide 59: For how long may a convict be placed on probation?
If the convict is sentenced to a term of imprisonment of not more than one year, the period of probation shall not exceed two years.
In all other cases, if he is sentenced to more than one year, said period shall not exceed six years.
When the sentence imposes a fine only and the offender is made to serve subsidiary imprisonment, the period of probation shall be twice the total number of days of subsidiary imprisonment. Slide 60: When may a probationer be arrested, and what is the disposition once he is arrested?
The violation of the conditions of probation must be serious to justify the issuance of a warrant of arrest.
The defendant may be admitted to bail pending hearing.
The hearing is summary in nature, but the probationer shall have the right to be informed of the violation charged and to adduce evidence in his favor.
Court is not bound by the technical rules of evidence.
If the violation is established, the court may revoke or continue his probation and modify the conditions thereof.
If revoked, the court shall order the probationer to serve the sentence originally imposed.
The order revoking the grant of probation or modifying the term and conditions thereof is not appealable. (Circumlocutory Order) Slide 61: The three-fold purposes of PD 968:
Promote the correction and rehabilitation of an offender by providing him with individualized treatment;
Provide an opportunity for the reformation of a penitent offender, which might be less probable if he were to serve a prison sentence; and
Prevent the commission of offenses.
Probation affects only the criminal aspect of the case but not included the civil. Hence, civil case should be heard. (Budlong vs. Apalisok, 122 SCRA 935) Slide 62: When and how 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 incident than those expressly authorized thereby. (Art. 78, RPC) Slide 63: What is PD 603 as amended by RA 9344?
The Child and Youth Welfare Code.
What is RA 9344?
An act establishing a comprehensive Juvenile Justice and Welfare System. Slide 64: When death sentence shall be suspended?
- Death sentence shall be suspended when the accused is:
Woman, while pregnant;
Woman, within one year after delivery;
Person over 70 years of age.
The suspension of the execution of the sentence as regards a person over 70 years old is necessary to give the President time to act, because only the President can communicate the sentence. Slide 65: Who may witness death execution?
priest assisting the offender,
offender’s relatives, not exceeding six, if so requested,
necessary personnel of penal establishment. Slide 66: What is Executive Clemency?
It refers to Commutation of Sentence, Absolute and Conditional Pardon, with or without parole conditions, as may be granted by the President of the Philippines upon the recommendation of the Board of Pardon and Parole. Slide 67: When criminal liability is totally extinguished?
By the death of the convict;
By service of the sentence;
By amnesty, which completely extinguishes the penalty and all its effects;
By absolute pardon
By prescription of the crime;
By prescription of the penalty;
By the marriage of the offended woman, as provided in Art. 344 of this Code.
Extinction of criminal liability does not automatically extinguish the civil liability. (Petralba vs. Sandiganbayan, 200 SCRA 644) Slide 68: What is amnesty?
It is an act of the sovereign power granting oblivion or a general pardon for a past offense, and is rarely, if ever, exercised in favor of a single individual, and is usually exerted in behalf of certain classes of persons, who are subject to trial but have not yet been convicted. (Brown vs. Walker, 161 US 602)
What is pardon?
It is an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed.
Two kinds of pardon; (a) Absolute (b) Conditional Slide 69: Prescription of Crimes – the loss or forfeiture of the power of the State to prosecute offenses after the lapse of the period prescribed by law.
Prescription of Penalty – the loss or forfeiture of the power of the State to impose punishment after the lapse of the period prescribed by law. Slide 70: When crime is prescribed?
Crimes punishable by death, reclusion perpetua or temporal shall prescribe in 20 years.
Crimes punishable by other afflictive penalties shall prescribe in 15 years.
Those punishable by a correctional penalty shall prescribe in 10 years; with exception of those punishable by arresto mayor, which shall prescribe in 5 years.
The Crime of libel or other similar offenses shall prescribe in 1 year.
The offenses of oral defamation and slander by deed shall prescribe in 6 moths.
Light offenses prescribe in 2 months. Slide 71: When and how penalties prescribe?
- the penalties imposed by final sentence prescribe as follows:
Death and reclusion perpetua, in 20 years;
Other afflictive penalties, in 15 years;
Correctional penalties, in 10 years, with the exception of the penalty of arresto mayor, which prescribes in 5 years.
Light penalties, in 1 year. Slide 72: When criminal liability is partially extinguished?
By conditional pardon;
By commutation of the sentence; and
For good conduct allowances which the culprit may earn while he is serving sentence. Slide 73: What is commutation of sentence?
It is a change of the decision of the court made by the Chief Executive by reducing the degree of the penalty inflicted upon the convict, or by decreasing the length of the imprisonment or the amount of the fine.
What is parole?
It is the suspension of the sentence of a convict after serving the minimum term of the indeterminate penalty, without granting a pardon, prescribing the terms upon which the sentence shall be suspended. Slide 74: What are the benefits of a prisoner for good conduct?
- The good conduct of any prisoner in any penal institution shall entitle him to the following deductions from the period of his sentence:
During the first 2 years of imprisonment, he shall be allowed a deduction of five days for each month of good behavior;
During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of eight days for each month of good behavior;
During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of ten days for each month of good behavior; and
During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of 15 days for each month of good behavior.
- Note: No allowance for good conduct while prisoner is released under conditional pardon. Slide 75: What is special time allowance for loyalty of prisoner?
It is a deduction of 1/5 of the period of the sentence of a prisoner of whom, having evaded the service of his sentence during the calamity or catastrophe mentioned in Art. 158, gives himself up to the authorities within 48 hours following the issuance of the proclamation by the President announcing the passing away of the calamity or catastrophe.
The deduction of 1/5 is based on the original sentence. Slide 76: Who grants time allowance?
Whenever lawfully justified, the Director of Prisons shall grant allowances for good conduct.
Such allowances once granted shall not be revoked. (Art. 99, RPC)
Every person criminally liable for a felony is also civilly liable. (Art. 100, RPC) Slide 77: Two classifications of injuries causes of an offense:
Social injury, produced by the disturbance and alarm which are the outcome of the offense.
Personal injury, caused to the victim of the crime who may have suffered damage, either to his person, to his property, to his honor, or to her chastity. Slide 78: Prejudicial question is an exception to the rule that the criminal action shall be decided first and that the civil action should be suspended.
What is prejudicial question?
It is a question is 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. Slide 79: What are the elements of Prejudicial Question?
The civil action involves an issue similar or intimately related to the issue raised in the criminal action; and
The resolution of such issue determines whether or not the criminal action may proceed. Sec. 5, Rule 111, Rules of Court) Slide 80: What is included in civil liability?
Restitution – in theft, the culprit is duty-bound to return the property stolen;
Reparation of damage caused – in case of inability to return the property stolen, the culprit must pay the value of the property stolen;
Indemnification for consequential damages – the loss of his salary or earning. Slide 81: When civil liability is extinguished?
By payment or performance;
By the loss of the thing due;
By the condonation or remission of the debt;
By the confusion or merger of the rights of creditor and debtor;
By novation. Slide 82: When civil liability may arise?
Breach of Contract (culpa contractual), or
Tortious act (culpa aquiliana).