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LAW 1 REVIEWER
Article 47. In what cases the death penalty shall not be imposed;
Automatic review of death penalty cases.
The death penalty shall be imposed in all cases in which it must be
imposed under existing laws, except when the guilty person is below
18 years of age at the time of the commission of the crime or is more
than seventy years of age or when upon appeal or automatic review
of the case by the Supreme Court, the required majority vote is not
obtained for the imposition of the death penalty, in which cases the
penalty shall be reclusion perpetua.
In all cases where the death penalty is imposed by the Court for
automatic review and judgment by the court en banc, within 20 days
but not earlier than 15 days after promulgation of the judgment or
notice of denial of any motion for new trial or reconsideration. The
transcript shall also be forwarded within 10 days after the filing therof
by the stenographic reporter (As amended by Republic Act No. 2659)
POINTS
I. Duty Of The Courts
A. Majority Vote Of The Supreme Court Is Required For The
Imposition Of Death
The vote of 8 members is required (Article VIII, Section4(1),
1987 Constitution).
o Republic Act No. 296 can be given retroactive effect.
This provides that 8 justices must concur in the
imposition of death penalty. It is procedural and not
substantive and applicable to cases pending at the time
of its approval.
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B. Court Of Appeals To Review Death Penalty Cases
People v. Mateo The Court now deems it wise and
compelling to provide in death penalty cases a review by the
Court of Appeals before it is elevated to the Supreme Court to
minimize the possibility of error in judgment (particularly of
factual issues).
C. The Trial Court Must Require The Prosecution To Present Evidence,
Despite Plea Of Guilty, When The Crime Charged Is Punished With
Death
The essence of judicial review is that while society allows
violent retribution for heinous crimes, it always must make
certain that the blood of the innocent is not spilled or the guilty
made to suffer more than their just measure of punishment.
A sentence of death is valid only if it is susceptible of a fair and
reasonable examination by the court.
II. Suspension Of The Imposition Of The Death Penalty
A. The 1987 Constitution Merely Suspended The Imposition Of Death
Penalty
Article III, Section 19, 1987 Constitution does not expressly
declare the abolition of the death penalty.
It merely suspended the imposition of death penalty.
B. Republic Act No. 7659 v. Republic Act No. 9346
December 31, 1993 Republic Act No. 7659 restored the
death penalty.
June 24, 2006 Republic Act No. 9346 prohibited the
imposition of death penalty, and in lieu of it, reclusion perpetua
was imposed.
III. Imposition Of Death Penalty
A. Death Penalty Is Not Imposed In The Following Cases:
1. When the guilty person is below 18 years of age at the time of
the commission of the crime.
2. When the guilty person is more than 70 years of age.
o Death penalty shall not be imposed when guilty person
is over 70 years. This refers to the time when the final
decision is rendered.
o People v. Alcantara: Even if accused was 64 at the start
of trial, he was past 70 when the final decision was
rendered. Death cant be imposed.
3. When upon appeal or automatic review of the case by the
Supreme Court, the vote of 8 members is not obtained for the
imposition of the death penalty.
B. Exceptional Cases In Which Death Penalty Was Not Imposed
People v. Dela Cruz Considering that the circumstances
under which the offense was perpetrated in light of the
deplorable conditions existing in the national penitentiary.
People v. Marcos When the facts of the case tend to show
that the crime was NOT the result of any deliberate and wellformed nefarious conspiracy of a criminal group. Appellant
obviously did not fully realize the gravity of the crime.
IV. Justification For Death Penalty
1. Social defense
2. Exemplarity
http://www.courts.state.ny.us/courts/ad2/faqs.shtml
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POINTS
I. At Least Two Crimes Must Be Committed
The commission of at least two crimes. But two or more grave
or less grave felonies must be the result of a single act, or an
offense must be a necessary means for committing the other.
In Complex Crime, When The Offender Executes Various Acts,
He Must Have A Single Purpose
o People v. Gallardo to commit estafa, the accused
had to commit 17 falsifications.
o Gonzalez v. City Fiscal 27 vouchers were falsified not
for the single purpose of estafa. One or more offenses
not necessary means for committing others.
II. A Complex Crime Is Only One Crime
Although two or more crimes are committed, they constitute
only one crime in the eyes of the law one criminal intent.
This is actually for the benefit of the offender since even if two
crimes are committed, the law only punished the offender for
one, although it is in the maximum. In the eyes of the law, the
two crimes stem from one criminal intent this is less perverse
in the crimes of the law compared to punishing him for two
crimes. This applies to both compound crimes and complex
crime proper.
o The reason for the single penalty is that the basis of the
felony is the singularity of the act.
Only one information must be filed charging the complex
felony.
o If you want to charge someone with forcible abduction
with rape, you have to allege the elements of both
forcible abduction and rape.
o If one is not proven, then the accused can be convicted
of the other (Boado).
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II. A Continued Crime Is Not A Complex Crime
In continued crimes, one offense is not a necessary means for
committing another. As such, penalty imposed not in max.
The principle is applied in connection with two or more crimes
committed with a single intent.
III. Continued Crime v. Transitory Crime
Transitory crime moving crime like kidnapping a person for
the purpose of ransom.
When a transitory crime is committed, the criminal action may
be instituted and tried in the court of the municipality, city or
province wherein any of the essential ingredients thereof took
place. The singleness of the crime, committed by executing tow
or more acts is not considered.
IV. Continued Crime v. Real Or Material Plurality
Real or material
Continued crime
Series of acts performed by the offender
Each act is a separate crime Different acts constitute only one
generated by different criminal crime because all the acts arise
impulses.
from one criminal impulse.
V. Test: Single Criminal Impulse Test
A. Applies To:
Theft of 13 cows at same place and time.
Theft of 6 roosters belonging to 2 different owners from the
same coop and at the same time
Also see Mallari v. People, wherein the accused falsified two
documents over two parcels of land as security for loans from
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frustrated felony.
Article 51. Penalty to be imposed upon principals of attempted
crime.
The penalty lower by two degrees than that prescribed by law for the
consummated felony shall be imposed upon the principals in an
attempt to commit a felony.
Article 52. Penalty to be imposed upon accomplices in a
consummated crime.
The penalty next lower in degree than that prescribed by law for the
consummated felony shall be imposed upon the accomplices in the
commission of a consummated felony.
Article 53. Penalty to be imposed upon accessories to the
commission of a consummated felony.
The penalty lower by two degrees than that prescribed by law for the
consummated felony shall be imposed upon the accessories to the
commission of a consummated felony.
Article 54. Penalty to be imposed upon accomplices in a frustrated
crime.
The penalty next lower in degree than that prescribed by law for the
frustrated felony shall be imposed upon the accessories to the
commission of a frustrated felony.
Article 55. Penalty to be imposed upon accessories of a frustrated
crime.
The penalty lower by two degrees than that prescribed by law for the
frustrated felony shall be imposed upon the accessories to the
commission of a frustrated felony.
Article 56. Penalty to be imposed upon accomplices in an attempted
crime.
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A. Examples:
1. Facts: A convicted of attempted homicide A shot B with intent
to kill but without inflicting a mortal wound.
o Penalty for consummated homicide: reclusion
temporal.
o To find the penalty that is lower by one or more
degrees: look in Scale No. 1 of Article 71.
Held: Because A only committed attempted homicide: penalty
to be imposed is that which is lower by two degrees than
reclusion temporal which is prision correccional.
o Penalty for frustrated homicide: one degree lower than
reclusion temporal which is prision mayor in the
same Scale No. 1 of Article 71
2. Facts: A (principal), B (accomplice), C (accessory) convicted of
consummated homicide.
Held:
o As penalty reclusion temporal (as principal)
o Bs penalty prision mayor (as accomplice: penalty
next lower in degree than prescribed for consummated
homicide)
o Cs penalty prision correccional (as accessory: two
degrees lower than that prescribed for consummated
homicide)
In the examples, penalties shall be imposed in the proper
period and shall be subject to the provisions of the
Indeterminate Sentence Law.
II. Exceptions To The Rules Established In Articles 50 To 57
Article 60 Articles 50-57 shall not apply to cases where the
law expressly prescribes the penalty for a frustrated or
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IV. What Are The Bases For The Determination Of The Extent Of
Penalty To Be Imposed Under The Revised Penal Code?
1. Stage reached by the crime in its development
(attempted/frustrated/consummated).
2. Participations therein of the persons liable.
3. Aggravating or mitigating circumstances which attended the
commission of the crime.
For 1 (stages of execution) and 2 (participation of persons
liable) penalty is graduated by degree.
V. What Is A Degree In Relation To Penalty?
DEGREE: one entire/whole penalty; one unit of the penalties
enumerated in the graduates scales found in Article 71.
o Each of the penalties of reclusion perpetua, reclusion
remporal, prision mayor etc. IS a degree
When there is mitigating or aggravating circumstance: penalty
is lowered or increased by period only EXCEPT when penalty is
divisible and there are two ore more mitigating without
aggravating circumstances if this happens, penalty is lowered
by a degree.
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III. Is The Penalty For Impossible Crime Proper?
Penalty of arresto mayor or fine of P200-500 subject to
criticism because article uses words offense and crime
which include light felony.
One who attempt to commit light felony of impossible
materialization may be punished by penalty of arresto mayor
(higher than the prescribed for consummated light felony or
arresto menor).
Provision of Article 59 limited to cases where act performed
would be grave felonies or less grave felonies.
Article 60. Exceptions to the rules established in Articles 50 to 57.
The provisions contained in Articles 50 to 57, inclusive, of this Code
shall not be applicable to cases in which the law expressly prescribes
the penalty provided for a frustrated or attempted felony, or to be
imposed upon accomplices or accessories.
POINTS
I. Articles 50 To 57 Do Not Apply When The Law Expressly Prescribes
The Penalty For A Frustrated Or Attempted Felony Or To Be Imposed
Upon Accomplices Or Accessories
On the occasion or in consequence of an attempted or
frustrated robbery, the offender commits a homicide law
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II. Accomplice, Punished As Principal
General Rule: Accomplice punished by penalty one degree
lower than penalty imposed upon principal.
Exception: 2 CASES that the Code punishes accomplice with
same penalty upon principal are:
o Article 346 Ascendants, guardians, curators,
teachers, and any person who by abuse of authority or
confidential relationship, shall cooperate as
accomplices in the crimes of rape, acts of lasciviousness
seduction, corruption of minors, white slave trade or
abduction.
o Article 268 One who furnished the place for the
perpetration of the crime of slight illegal detention.
Furnishing the place for the perpetration of the
crime is ordinarily the act of an accomplice.
III. Accessory Punished As Principal
Article 142 knowingly concealing certain evil acts are usually
acts of the accessory but under this article is punished as act of
the principal.
A. Certain Accessories Are Punished With A Penalty One Degree
Lower Instead Of Two Degrees
Article 61. Rules for graduating penalties.
For the purpose of graduating the penalties which, according to the
provisions of Articles 50 to 57, inclusive, of this Code, are to be
imposed upon persons guilty as principals of any frustrated or
attempted felony, or as accomplices or accessories, the following
rules shall be observed:
1. When the penalty prescribed for the felony is single and
indivisible, the penalty next lower in degrees shall be that
immediately following that indivisible penalty in the
respective graduated scale prescribed in Article 71 of this
Code.
2. When the penalty prescribed for the crime is composed of
two indivisible penalties, or of one or more divisible penalties
to be impose to their full extent, the penalty next lower in
degree shall be that immediately following the lesser of the
penalties prescribed in the respective graduated scale.
3. When the penalty prescribed for the crime is composed of one
or two indivisible penalties and the maximum period of
another divisible penalty, the penalty next lower in degree
shall be composed of the medium and minimum periods of
the proper divisible penalty and the maximum periods of the
proper divisible penalty and the maximum period of that
immediately following in said respective graduated scale.
4. When the penalty prescribed for the crime is composed of
several periods, corresponding to different divisible penalties,
the penalty next lower in degree shall be composed of the
period immediately following the minimum prescribed and of
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II. The Lower Penalty Shall Be Taken From The Graduated Scale In
Article 71.
Scale No. 1 in Article 71 (penalties in order):
a. Death
b. Reclusion perpetua,
c. Reclusion temporal,
d. Prision mayor,
e. Prision correccional,
f. Arresto mayor,
g. Destierro,
h. Arresto menor,
i. Public censure,
j. Fine.
Indivisible penalties: (1) death, (2) reclusion perpetua, (3) public
censure
Divisible penalties: reclusion temporal down to arresto menor
Divisible penalties divided into 3 periods: (1) minimum, (2)
medium, (3) maximum
ILLUSTRATIONS OF THE RULES
I. FIRST RULE: When the penalty is single and indivisible.
Ex. Reclusion perpetua penalty for kidnapping and failing to
return a minor (Article 270)
In Scale No. 1 of Article 71 penalty immediately following
reclusion perpetua is reclusion temporal (therefore it is the
penalty next lower in degree).
II. SECOND RULE:
A. Penalty is composed of two indivisible penalties.
Indivisible penalties: reclusion perpetua to death
They are the penalties for parricide (Article 246)
Penalty immediately following lesser of the penalties (or
reclusion perpetua) reclusion temporal
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Prision Mayor
3. Minimum
1. Maximum
2. Medium
3. Minimum
accomplice;
or
penalty
for
the
principal in frustrated
felony.
B. When the penalty is composed of one indivisible penalty and the
maximum period of a divisible penalty.
Ex: Reclusion temporal in max period to reclusion perpetua
Same rule observed in lowering penalty by 1-2 degrees
IV. FOURTH RULE: When the penalty is composed of several periods.
Several mean consisting in more than 2 periods
Fourth rule: contemplates penalty composed of at least 3
periods.
Several periods MUST correspond to different divisible
penalties
Penalty composed of several periods corresponding to different
divisible penalties prision mayor (medium period) TO
reclusion temporal (minimum period)
Period immediately following minimum (= prision mayor in
medium period) is prision mayor in minimum period
Two periods next following are: max and med periods of prision
correccional (=penalty next following scale in Article 71 since it
cannot be taken from penalty prescribed)
Illustration:
1. Maximum
Reclusion temporal
2. Medium
3. Minimum
(1) Penalty for the
principal
in
1. Maximum
consummated felony.
Prision mayor
2. Medium
3. Minimum
(2)
Penalty
for
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1. Maximum
2. Medium
accomplice;
or
penalty
for
the
principal in frustrated
felony.
3. Minimum
V. FIFTH RULE: By analogy, because not specifically provided for in
the four preceding rules
A. When the penalty has two periods.
Certain offenses in Revised Penal Code: punished with penalty
composed of two periods:
o Either of same penalty: For abduction (Article 343)
prision correccional in its minimum and medium
periods.
o Or of different penalties: For physical injuries (Article
263, subsec. 4) arresto mayor in max period to
prision correccional in minimum period
In these cases: penalty lower by one degree is formed by 2
periods taken from the same penalty prescribed (if possible) OR
from periods of penalty numerically following the lesser of the
penalties prescribed
These cases not covered by fourth rule (cause penalty
contemplated in 4th rule must contain at least 3 periods)
Penalty under fifth rule (by analogy) contains 1 or 2 periods
only
Example:
Penalty next lower than prision correccional in its min and med
periods is arresto mayor in its med and max periods
Maximum
Prision correccional
Medium
Penalty prescribed for
the felony
Minimum
Maximum
Penalty next lower
Arresto mayor
Medium
Minimum
B. When the penalty has one period.
If penalty is any one of the 3 periods of a divisible penalty
penalty next lower in degree = is the period next following the
given penalty.
Ex. Penalty immediately inferior to prision mayor in maximum
period is prision mayor in medium period
If penalty is reclusion temporal in medium period penalty
next lower in degree = reclusion temporal in minimum period
Penalty prescribed by Code for a felony is a degree
If penalty prescribed for felony is 1 of 3 periods of divisible
penalty that period becomes a degree & the period
immediately below is the penalty next lower in degree
VI. Simplified Rules: (for rules in Par. 4 and 5 of Article 61)
1. If penalty prescribed by Code consists in 3 periods
(corresponding to different divisible penalties) penalty next
lower in degree is penalty consisting in 3 periods down the
scale
2. If penalty prescribed by Code consists in 2 periods penalty
next lower in degree is the penalty consisting in 2 periods down
the scale
3. If penalty prescribed by Code consists in only 1 period
penalty next lower in degree is the next period down in the
scale
If the given penalty is composed of 1/2/3 periods penalty
next lower in degree should begin where the given penalty
ends (because otherwise if it were to skip over intermediate
ones it would be lower but not NEXT lower in degree (People v.
Haloot)
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VII. Mitigating And Aggravating Circumstances Are Disregarded In The
Application Of The Rules For Graduating Penalties
NOTE: Each paragraph of Article 61 begins with When the
penalty prescribed for the felony or crime.
In lowering the penalty penalty prescribed by the Revised
Penal Code for the crime is the basis (w/o regard to the
mitigating or aggravating circumstances w/c attended the
commission of the crime)
It is only after the penalty next lower in degree is already
determined that the mitigating and/or aggravating
circumstances should be considered.
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