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One distinct aspect of the Revised Penal Code centers on its classification of aggravating, exempting and mitigating circumstances, the appreciation of which affects the gradation of penalties. Penalties under the Revised Penal Code are generally divided into three periods – the minimum period, the medium period, and the maximum period.
Correct Penalties and Fines under the Revised Penal Code. Penalties are imposed for punishment, reformation, and rehabilitation. Penalties may be in the form of imprisonment, fine, community service, disqualification or suspension, civil interdiction, forfeiture of benefits, or confiscation of proceeds. 1.
Nov 23, 2023 · (Revised Penal Code) a. Principals. The following are the application of penalties for the principal offenders of a crime. Article 46. Penalty to be imposed upon principals in general. - The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony.
PENALTIES UNDER THE REVISED PENAL CODE (and the Indeterminate Sentence Law and the Probation Law) by: ATTY. JAY NAKAO. Silliman University READ ARTICLES 21 TO 88 BUT SKIP ARTICLE 48 – include RA 9346, Indeterminate Sentence Law, Probation Law 1.
- Criminal Laws in The Philippines – A Hybrid System
- General Types of Criminal Laws in The Philippines in Terms of Penalties
- Spanish Nomenclature Still Used in Revised Penal Code
- The Term “imprisonment” Adopted in Special Penal Laws
- “imprisonment” Versus “Arresto”, “Prision” and Others of Spanish Nomenclature
- Penalties Under The Revised Penal Code
- Determining The Imposable Penalty
- About Nicolas and de Vega Law Offices
The Philippines is a hybrid legal system from many perspectives. Laws and rules of procedure in courts draw their inspiration, to a significant extent, from existing laws and rules of procedure in other countries. Obviously, there is no need to reinvent the wheel. However, the adoption of laws in various countries, which are in themselves governed ...
One such source of confusion is how penalties are named and enforced. In the Philippines, penal or criminal laws in general, can be segregated in to two (2) types, those punished under the Revised Penal Code, and those punished under special penal laws. The Revised Penal Code of the Philippines supplanted the 1870 Spanish Codigo Penal. To be sure, ...
One noticeable distinction between the two (2) classes of penal legislation, is their description of penalties. You will notice that in the Revised Penal Code, the law still makes use of penalties in the Spanish language, i.e., arresto mayor, prision correccional, destierro, etc.. For example, the penalty for Bigamy, under Article 349 of the Revise...
On the other hand, the penalties defined under special penal laws make use of the word “imprisonment”, and drops the use of penalties in the Spanish language. One example is the Republic Act No. 10173 also known as the Data Privacy Act of 2012, which defines the crime of Unauthorized Disclosure and penalizes the act as follows: Section 32. Unauthor...
Obviously, when the law uses the word “imprisonment” instead of “arresto mayor” and the like, the tenor of the imposable penalty is clear. However, this is not to say that the use of Spanish penalties in Philippine criminal laws are antiquated and should be discontinued. On the contrary, the use of Spanish penalties actually makes the application o...
Considering that the Philippine justice system revolves around the system of penalties in the Spanish language, it may be insightful to refer to these penalties, as provided in the actual legal provision: Article 76. Legal period of duration of divisible penalties. – The legal period of duration of divisible penalties shall be considered as divided...
Another example is Article 365 of the Revised Penal Code which defines the crime of Criminal Negligence, as follows: Article 365. Imprudence and negligence. – Any person who, by reckless imprudence, shall commit any act which, had it been intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in its maximum period t...
If you need assistance in civil or other criminal law-related issues, we can help you. Nicolas and de Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +6...
Nov 1, 2023 · 1. Computation of penalties. The following are the provisions for the computation of penalties. a. In prison. Article 28. Computation of penalties. - If the offender shall be in prison, the term of the duration of the temporary penalties shall be computed from the day on which the judgment of conviction shall have become final.
known as “The Revised Penal Code.” BOOK ONE GENERAL PROVISIONS REGARDING THE DATE OF ENFORCEMENT AND APPLICATION OF THE PROVISIONS OF THIS CODE, AND REGARDING THE OFFENSES, THE PERSONS LIABLE AND THE PENALTIES. PRELIMINARY TITLE DATE OF EFFECTIVENESS AND APPLICATION OF THE PROVISIONS OF THIS CODE ARTICLE 1. Time when Act takes effect ...
