Criminal Law Review Transcript - Discussions by Fiscal Olive Hebron
Transcribed by MHV
PENALTIES IN GENERAL
Penalty is the suffering that is inflicted by the state for the transgression of a law
Considering that it is a penalty it signifies pain because it is a form of punishment
Q: What are then the theories that justifies the state in placing or penalties?
FIRST it is a form of PREVENTION
The state must punish the criminal to prevent or suppress the danger to the state arising
from the criminal acts of the offender.
SECOND it is a form of SELF-DEFENSE
The state has a right to punish the criminal as a measure of self-defense so as to protect so
ciety from the threat and wrong inflicted by the criminal
Examples:
1. Crimes against the law of nations
2. Crimes against national security
THIRD, it is a form of REFORMATION
The object of punishment in criminal cases is to correct and reform the offender. Therefor
e in criminal cases the objective is not just to punish the guilty but for the offender to be corre
cted of his action which is the reason why that in the criminal justice system we call it the cor
rection pillar.
FOURTH, it is an EXEMPLARITY
The criminal is punished to serve as an example to deter others from committing crimes con
sidering that punishing the criminal or one that is guilty, it is a form of deterrence for others
for them not to follow the criminal and not to follow his criminal acts
FIFTH is JUSTICE
That crime must be punished by the state as an act of retributive justice a vindication of ab
solute right and moral law violated by the criminal. This is because if there is an offender t
herefore, there is a person who is aggrieved. The person aggrieved doesn't have the righ
t to vindicate for the offenses of the offender. Justice is in the hands of the state. its fo
r the state to provide justice, not for the aggrieved person. This is actually also for to ensure
peace because if a person who is aggrieved will vindicate his rights right away, an eye for an
eye, it can really cause a lot of suffering, it can really cause chaos.
Thus, the penalty under the revised penal code has a threefold purpose.
Criminal Law Review Transcript - Discussions by Fiscal Olive Hebron
Transcribed by MHV
FIRST it is a form of RETRIBUTION or EXPRESSION
Meaning the penalty must commensurate with the gravity of the offense
SECOND it is a form of CORRECTION or REFORMATION
Which is the reason why when a person is a criminal, usually his liberty is being deprived f
or purpose of purposes of correction
THIRD, it is also an ACT OF SOCIAL DEFENSE
This is because those who are recidivist and habitual delinquent suffer more severe pen
alty as compared those who are first-time offenders considering that the state is justified in i
mposing penalties.
There are constitutional restrictions in providing penalties as discussed previously.
FIRST is that excessive fines shall not be imposed.
It is allowed to find the criminal, what is not allowed are excessive fines because the fines or
the punishment must commensurate to the criminal acts of the accused.
SECOND there must be no cruel and unusual punishment
What we refer to cruel and unusual punishment, we refer to those penalties that are inhuman
barbarous or shocking to the conscience.
Q: How about death penalty? Is that considered as inhuman or barbarous?
A: The death penalty being imposed before, although it is suspended, is that it is a swift pen
alty. It is not a death penalty that is torture in nature, because an act of torture that could res
ult to death can be considered as inhuman and barbarous punishment.
Criminal Law Review Transcript - Discussions by Fiscal Olive Hebron
Transcribed by MHV
Article 21. Penalties that may be imposed - No felony shall be punishable by any penalty
not prescribed by law prior to its commission.
It simply means that there is no crime if there is no law punishing it. Another understanding o
f Article 21 is that in administering penalties the penalty as prescribed by the law must be foll
owed. Judges and we prosecutors when we proposed a penalty, we must follow the law. We
will not propose a penalty outside of the law or are outside of the penal law.
Article 22. Retroactive effect of penal laws
Penal laws shall have a retroactive effect insofar as they favor the accused even if at the t
ime of the passage of the law the convict or the accused is already serving his sentence.
However, retroactive effect of penal laws shall not apply to habitual criminals. This is beca
use habitual criminals should be given a more severe penalty. The retroactive effect insofar
as favorable to the accused apply only for those accused or criminals who are not habitual cr
iminals.
Example:
(1) Republic Act No. 10592 - This is our Good Conduct and Time Allowance Law or the
GCTA amendments.
In the case of Inmates of the New Bilibid Prison versus then Honorable Secretary of DOJ Lei
la De Lima, GR No. 212719, June 25, 2019 -
Issue:
Sec. 4 of the implementing rules and regulations of Republic Act No. 10592 - this section ba
sically states prospective application considering that these rules provide for new procedur
es and standards of behavior for the grant of good conduct time allowance as provided
in Section 4 of Rule 5 hereof; and require the creation of a management screening and ev
aluation committee (MSEC).
The grant of good conduct time allowance under Republic Act No. 10592 shall be
prospective in application. The grant of time allowance of study teaching and mentoring and
of special time allowance for loyalty shall also be prospective in application. As these
privileges are likewise subject to the management screening and evaluation of the MSEC. R
epublic Act No. 10592 was signed into law on May 29, 2013 by then President Benigno Aqui
no and amends Article 29, 94, 97, 98, and 99 of the revised penal code.
Criminal Law Review Transcript - Discussions by Fiscal Olive Hebron
Transcribed by MHV
Here, it basically increase the good conduct and time allowance or the GCTA and it also
creates gives a credit for preventive imprisonment for the penalty of reclusion perpetu
a shall be deducted from their 30 years. Basically, the law is very favorable to the accuse
d however, because of the implementing rules those who are in prison, they questioned why
will the law not apply to us, although you will say that you will still compute our penalties;
since it is favorable to us, the law should apply to us.
Ruling:
The Supreme Court in this case said, while Republic Act No. 10592 does not define a crime
or offense or provide or prescribe or establish a penalty as it addresses the rehabilitation co
mponent of our correctional system, its provisions have the purpose and effect of diminishing
the punishment attached to the crime. The further reduction on the length of the penalty of i
mprisonment is the ultimate analysis beneficial to the detention and convicted prisoners
alike; hence, calls for the application of Article 22 of the revised penal code.
(2) Republic Act No. 10951 - This is an act adjusting the amount or value of property a
nd damage on which a penalty is based
Very important example of that is before when a person steals bread which is usually less th
an 500 pesos, the penalty is way higher. Sometimes it can go as high as prision correctional
or six months imprisonment. Now if a person steals out of hunger and amount is less than 50
0 pesos, although stealing itself is wrong, he can still enjoy a lower penalty of arresto menor
or just an imprisonment of one day to 30 days. So Republic Act No. 10951 an adjusting the a
mount of the value of property in damage from which penalty is based, is given a retroactive
effect.
Q: Considering that penal laws that are favorable to the accused are given retroactive
effect, how about those penal laws that are not favorable to the accused?
Penal laws that are not favorable to the accused are prospective in nature and will not b
e given a retroactive effect.
The reason for the exception is that the sovereign in enacting a subsequent penal law more f
avorable to the accused, has recognized that the greater severity of the former law is unj
Criminal Law Review Transcript - Discussions by Fiscal Olive Hebron
Transcribed by MHV
ust. Therefore, the sovereign or the state finding that the prior law is unjust, amends the law
which is more favorable to the accused.
Next, all criminals cannot enjoy retroactivity even if it is favorable to them. This is because
habitual delinquents should suffer a higher penalty, if they will not suffer a higher penalty
there are tendencies that they will just keep on committing the offense.
Q: When is a person considered as a habitual delinquent?
A: A person shall be deemed to be a habitual delinquent if within a period of 10 years from t
he date of his release or last conviction of the crimes of serious or less serious physic
al injury, robbery, theft, estafa or falsification, he is found guilty of any said crimes a th
ird time or more often than that.
Article 23. Effect of pardon by the offended party - A pardon by the offended party DOES
NOT extinguish criminal liability.
This is because a crime is committed as an offense against the state. In criminal cases, t
he intervention of the aggrieved party is limited only as a witness for the prosecution
and also for purposes of civil liability. Since criminal actions are a crime against the state,
the pardon or even the compromised by the offended party does not extinguish criminal liabil
ity except as provided in Article 344 of the revised penal code.
Q: What is Article 344 of the revised penal code?
A: It refers to the prosecution of the crimes of adultery concubinage seduction abduction and
acts of lasciviousness. Under Article 344 specifically states, the crimes of adultery and concu
binage shall not be prosecuted except upon a complaint filed by the offended party. The offe
Criminal Law Review Transcript - Discussions by Fiscal Olive Hebron
Transcribed by MHV
nded party cannot institute criminal prosecution without including both the guilty parties if the
y are both alive nor in any case if he shall have consented or pardon the offenders.
Therefore in crimes of adultery, the husband will file a case against the wife and the person
who the wife is with at the time when they were caught. How about the crime of
concubinage? Also the wife now will file a case against her husband for concubinage includ
ing the woman. It is not allowed that the wife or the husband will only file a case against their
spouse they must file a case for both accused.
What is being referred here is basically the institution of criminal prosecution; once the crimin
al action is already filed in court, if there is already a compromise agreement the case or eve
n with an affidavit of desistance, the case will not be dismissed. Why? The purpose of Arti
cle 344 where the institution of criminal actions necessitates the filing of the complaint by the
aggrieved party is because adultery, concubinage, seduction, abduction, rape and acts of las
civiousness are private crimes.
A PRIVATE CRIME is an offense that cannot be prosecuted except upon a complaint b
y the aggrieved party. This a form to give deterrence to the offended party who may prefer
not to file the case for fear of scandal due to public trial. Thus, when a case is already filed th
ere is already no fear of public scandal because the complainant already filed a case. Theref
ore, even if there's a compromise agreement or an affidavit of desistance, the case will no lo
nger be dismissed.
Under the third paragraph of Article 344. it states that the offenses of seduction, abduction ra
pe or acts of lasciviousness shall not be prosecuted except upon a complaint filed by the offe
nded party or her parents, grandparents or guardian nor in any case if the offender has been
expressly pardoned by the above-named persons as the case may be.
In cases of seduction, abduction, acts of lasciviousness and rape, the marriage of the offen
der with the offended party shall extinguish the criminal action or remit the penalty alre
ady imposed upon him. This paragraph shall also be applicable to co-principal accomplices,
accessories after the fact of the above mention crimes.
Article 24 talks about the measures of prevention or safety which are not considered as p
enalties.
First, the arrest and temporary detention of accused persons as well as their detention by re
ason of insanity or imbecility or illness requiring their confinement in a hospital. Therefore, th
e arrest and temporary detention of accused persons, this refer to people who cannot post
bail; their detention are not yet considered as penalties, but only preventive in nature.
Second, is the commitment of a minor to any of the institution. Paragraph 2 of Article 24 has
been amended by Republic Act No. 9344 as amended by RA 10630, thus as discussed previ
Criminal Law Review Transcript - Discussions by Fiscal Olive Hebron
Transcribed by MHV
ously the commitment of a minor whether voluntary or involuntary and bahay pag-asa for pur
poses of rehabilitation is not considered as a penalty.
Third, suspension from the employment of for public office during the trial or in order to instit
ute proceeding. This is referred to as preventive suspension pending investigation and i
s not a penalty.
Four, fines and other corrective measure which in the exercise of their administrative or dis
ciplinary powers superior officials may imposed upon their subordinates. considering that the
se are administrative in nature, then it's not covered by the revised penal code; and lastly,
Fifth, deprivation of rights and the reparations which the civil law established in penal form
