CHAPTER ONE PENALTIES IN GENERAL Articles 21 – 26

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CHAPTER ONE: PENALTIES IN GENERAL d Alters the legal rules of evidence and authorizes

Articles 21 – 26 conviction upon less or different testimony than the law


required at the time of the commission of the crime.
Art. 21. Penalties that may be imposed. — No felony shall
e Assuming to regulate civil rights and remedies only, in
be punishable by any penalty not prescribed by law prior effect imposes penalty or deprivation of a right for something
to its commission. which when done was lawful.

Guarantees that no act of a citizen will be considered criminal f Deprives a person accused of a crime some lawful
unless the State has made it so by law and provided a penalty protection to which he has become entitled, such as the
Except: When the penalty is favorable to the criminal. protection of a former conviction or acquittal or a
proclamation of amnesty.
Art. 22. Retroactive effect of penal laws. — Penal Laws Bill of Attainder – a legislative act which inflicts punishment
shall have a retroactive effect insofar as they favor the without trial. Its essence is the substitution of a legislative for
persons guilty of a felony, who is not a habitual criminal, a judicial determination of guilt.
as this term is defined in Rule 5 of Article 62 of this Code,
Effect of change of Penal Law
although at the time of the publication of such laws a final
sentence has been pronounced and the convict is serving a With enactment of a penal law punishing the offense –
the same. the action is not dismissed. The penalty in the new law if
favorable to the accused.
General Rule: Criminal laws are given prospective effects
Exception: Give retroactive effect when favorable to the b Without enactment of a penal law punishing the
accused. Ex. Special law made the penalty less severe – but offense – the previous offense is obliterated and the action is
dismissed.
must refer to the same deed or omission penalized by the
former statute Art. 23. Effect of pardon by the offended party. — A
• New law may provide that its provisions not to be pardon of the offended party does not extinguish criminal
applied to cases already filed in court at the time of action except as provided in Article 344 of this Code; but
the approval of such law. civil liability with regard to the interest of the injured
• The favorable retroactive effect of a new law may party is extinguished by his express waiver.
find the defendant in one of the 3 situations
• Habitual criminal (person who within the pd of 10 • Even if injured party already pardoned the offender –
years from date of release or last conviction of the fiscal can still prosecute. Not even considered a
crimes of serious or less serious physical injuries, ground for dismissal of the information. Exception:
robbery, theft, estafa or falsification, he is found Art 344 – crimes of seduction, abduction, rape or acts
guilty of any said crimes a third time or oftener) is of lasciviousness – pardon must be expressed.
NOT entitled to the benefit of the provisions of the
new favorable law. Basis: crime is an offense against the State. Aggrieved party
• Civil liabilities not covered by Art 22 because rights only a witness.
of offended persons are not within the gift of
• Only Chief Executive can pardon the offenders
arbitrary disposal of the State.
• Can’t compromise criminal liability, only civil
• But new law increasing civil liability cannot be given
liability – but it still shall not extinguish the public
retroactive effect.
action for the imposition of the legal penalty.
• Retroactivity applicable also to special laws
• Offended party in the crimes of adultery and
• The right to punish offenses committed under an old
concubinage can’t institute criminal prosecution if he
penal law is not extinguished if the offenses are still
shall have consented or pardoned the offenders.
punished in the repealing penal law. However, if by
• Pardon in adultery and concubinage may be implied –
re-enactment of the provisions of the former law, the
continued inaction after learning of the offense. Must
repeal is by implication and there is a saving clause,
pardon both offenders.
criminal liability under the repealed law subsists.
• The pardon afforded the offenders must come
• No retroactive effect of penal laws as regards
BEFORE the institution of the criminal proceedings.
jurisdiction of the court. Jurisdiction of the court is
Complaint for any of the above-mentioned crimes in
determined by the law in force at the time of the
Art 344 will still be prosecuted by the court on the
institution of the action, not at the time of the
ground that the pardon (basis for the motion to
commission of the crime.
dismiss) was given after the filing of the complaint.
• Jurisdiction of courts in criminal cases is determined
• The only act that extinguishes the penal action, after
by the allegations of the complaint or information,
the institution of criminal action, is the marriage
and not by the findings the court may make after trial.
between the offender and the offended party
When a law is ex post facto
1. crime has been committed and the prosecution • Pardon under Art 344 is only a bar to criminal
begins prosecution. It DOES NOT extinguish criminal
2. sentence has been passed but service has not liability. It is not one of the causes that totally
begun extinguish criminal liability in Art 89.
3. sentence is being carried out. • Civil liability with regard to the interest of the injured
party is extinguished by his express waiver because
a Makes criminal an act done before the passage of the law personal injury may be repaired through indemnity
and which was innocent when done, and punishes such an act. anyway. State has no reason to insist on its payment.
• Waiver must be express.
b Aggravates the crime or makes it greater than it was
when committed.

c Changes the punishment and inflicts a greater punishment


than the law annexed to the crime when committed.
Classification of penalties:
Art. 24. Measures of prevention or safety which are nor a Principal – art 25
considered penalties. — The following shall not be b Accessory – deemed included in the imposition of the
considered as penalties: principal penalties
1. The arrest and temporary detention of accused persons, According to divisibility (principal)
as well as their detention by reason of insanity or a divisible – those that have fixed duration and are divisible
imbecility, or illness requiring their confinement in a into 3 periods
hospital. b indivisible – no fixed duration (death, RP, perpetual or
2. The commitment of a minor to any of the institutions absolute disqualification)
mentioned in Article 80 and for the purposes specified According to subject matter
therein. a corporal – death
3. Suspension from the employment of public office during b deprivation of freedom – reclusion, prision, arresto
the trial or in order to institute proceedings. c restriction of freedom – destierro
4. Fines and other corrective measures which, in the d deprivation of rights – disqualification and suspension
exercise of their administrative disciplinary powers, e pecuniary – fine
superior officials may impose upon their subordinates. According to gravity
5. Deprivation of rights and the reparations which the civil a capital
laws may establish in penal form. b afflictive
c correccional
• Par 1 refers to the “accused persons” who are d light
detained “by reason of insanity or imbecility” not an
• Public censure is a penalty, and being such, is not
insane or imbecile who has not been arrested for a
proper in acquittal. But a competent court, while
crime.
acquitting an accused may, with unquestionable
• They are not considered penalties because they are
propriety express its disapproval or reprehension of
not imposed as a result of judicial proceedings. Those
those acts to avoid the impression that by acquitting
in par 1, 3 and 4 are merely preventive measures
the accused it approves or admires his conduct.
before the conviction of offenders.
• Permanent and temporary absolute and permanent
• Commitment of a minor is not a penalty because it is
and temporary special disqualification and
not imposed by the court in a judgment. The
suspension may be principal or accessory penalties
imposition of the sentence in such a case is
because they are found in 2 general classes.
suspended.
• Fines in par 4 are not imposed by the court because Art. 26. When afflictive, correctional, or light penalty. — A
otherwise, they constitute a penalty fine, whether imposed as a single of as an alternative
penalty, shall be considered an afflictive penalty, if it
Art. 25. Penalties which may be imposed. — The penalties exceeds 6,000 pesos; a correctional penalty, if it does not
which may be imposed according to this Code, and their exceed 6,000 pesos but is not less than 200 pesos; and a
different classes, are those included in the following: light penalty if it less than 200 pesos.

Scale • Fines are imposed either as alternative (Art 144 punishing


PRINCIPAL PENALTIES disturbance of proceedings with arresto mayor or fine
Capital punishment: from 200 pesos to 1000 pesos) or single (fine of 200 to
Death. 6000 pesos)
Afflictive penalties: • Penalty cannot be imposed in the alternative since it’s the
Reclusion perpetua, duty of the court to indicate the penalty imposed
Reclusion temporal, definitely and positively. Thus, the court cannot sentence
Perpetual or temporary absolute disqualification, the guilty person in a manner as such as “to pay fine of
Perpetual or temporary special disqualification, 1000 pesos, or to suffer an imprisonment of 2 years, and
Prision mayor. to pay the costs.”
Correctional penalties: • If the fine imposed by the law for the felony is exactly
Prision correccional, 200 pesos, it is a light felony.
Arresto mayor,
Suspension, Fines:
Destierro. a Afflictive – over 6000
Light penalties:
Arresto menor, b Correctional – 201 to 6000
Public censure.
Penalties common to the three preceding classes: c Light – 200 and less
Fine, and
Bond to keep the peace. Note: The classification applies if the fine is imposed as a
ACCESSORY PENALTIES single or alternative penalty. Hence, it does not apply if the
Perpetual or temporary absolute disqualification, fine imposed together with another penalty.
Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and be voted Bond to keep the peace is by analogy:
for the profession or calling.
a Afflictive – over 6000
Civil interdiction,
Indemnification,
b Correctional – 201 to 6000
Forfeiture or confiscation of instruments and proceeds of the
offense,
c Light – 200 and less
Payment of costs.

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