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    Art 65-77 Borromeo John Paul JD 1 Commentary.

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    Jp Borromeo
    The document discusses rules for determining penalties under Philippine law, including: 1) How to divide penalties composed of a range, like Prision Mayor, into minimum, medium, and maximum periods. 2) Factors courts consider when imposing discretionary fines and penalties that are not fully justified or excusable. 3) Limits on total successive sentences and how accessory penalties are presumed imposed with principal penalties.

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    Art 65-77 Borromeo John Paul JD 1 Commentary.

    Uploaded by

    Jp Borromeo
    29 views6 pages
    The document discusses rules for determining penalties under Philippine law, including: 1) How to divide penalties composed of a range, like Prision Mayor, into minimum, medium, and maximum periods. 2) Factors courts consider when imposing discretionary fines and penalties that are not fully justified or excusable. 3) Limits on total successive sentences and how accessory penalties are presumed imposed with principal penalties.

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    ART 65-77 BORROMEO JOHN PAUL JD 1 COMMENTARY.

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    The document discusses rules for determining penalties under Philippine law, including: 1) How to divide penalties composed of a range, like Prision Mayor, into minimum, medium, and maximum periods. 2) Factors courts consider when imposing discretionary fines and penalties that are not fully justified or excusable. 3) Limits on total successive sentences and how accessory penalties are presumed imposed with principal penalties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    29 views6 pages

    Art 65-77 Borromeo John Paul JD 1 Commentary.

    Uploaded by

    Jp Borromeo
    The document discusses rules for determining penalties under Philippine law, including: 1) How to divide penalties composed of a range, like Prision Mayor, into minimum, medium, and maximum periods. 2) Factors courts consider when imposing discretionary fines and penalties that are not fully justified or excusable. 3) Limits on total successive sentences and how accessory penalties are presumed imposed with principal penalties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 6

    BORROMEO, JOHN PAUL JD -1

    ART. 65: RULE IN CASES IN WHICH THE PENALTY IS NOT


    COMPOSED OF THREE

    PERIODSComputations:

    Example: Prision Mayor (6 years, 1 day to 12


    years)

    1. subtract the minimum (disregard 1 day) from


    the maximum
    12 years – 6 years = 6 years

    2. Divide the difference by 3.


    6 years / 3 = 2 years

    3. Use the minimum (6 years and 1 day) as the


    minimum of the minimum period. Then add
    the 2 years (disregarding the 1 day) to the
    minimum to get the maximum of the
    minimum period.
    6 years (minimum of the minimum)
    + 2 years (difference)
    -------------------------------------------
    becomes the maximum of the medium 6 years 8 months + 8 months = 7 years 4
    months Therefore, the medium period of prision mayor minimum = 6 years, 8
    months 1 day to 7 years, 4 months 5. Use the maximum of the medium as the
    minimum period of the maximum period and add 1 day to distinguish. Add the 8
    months to get the maximum of this maximum 7 years 4, months + 8 months = 8
    years

    Therefore, maximum of prision mayor = 7 years, 4 months, 1 day to 8 years


    becomes the maximum of the medium 6 years 8 months + 8 months = 7 years 4
    months Therefore, the medium period of prision mayor minimum = 6 years, 8
    months 1 day to 7 years, 4 months 5. Use the maximum of the medium as the
    minimum period of the maximum period and add 1 day to distinguish. Add the 8
    months to get the maximum of this maximum 7 years 4, months + 8 months = 8
    years Therefore, maximum of prision mayor = 7 years, 4 months, 1 day to 8 years
    ART. 66: IMPOSITION OF FINES

    When the minimum of the fine is not fixed, the court shall have the discretion,
    provided it does not exceed the amount authorized by law.

    1. The court can fix any amount of the fine within the limits established by law.

    2. Court must consider the following in imposing the fines:

    a. mitigating and aggravating circumstances

    b. more particularly, the wealth and means of the culprit

    3. The following may also be considered by the court:

    a. the gravity of the crime committed

    b. the heinousness of its perpetration c. the magnitude of its effects on the


    offender’s victims
    ART. 67: PENALTY TO BE IMPOSED WHEN NOT ALL THE
    REQUISITES OF EXEMPTION OF THE FOURTH CIRCUMSTANCE
    OF ARTICLE 12 ARE PRESENT

    Requisites of Art. 12, par. 4:


    1. act causing the injury must be lawful
    2. act performed w/ due care
    3. injury was caused by mere accident
    4. no fault or intention to cause injury

    If these conditions are not all present, then the following penalties shall be
    imposed:
    1. grave felony – arresto mayor max to prision correcional minimum
    2. less grave felony – arresto mayor min to arresto mayor med

    ART. 68: PENALTY TO BE IMPOSED UPON A PERSON UNDER


    EIGHTEEN YEARS OF AGE

    Art. 68 applies to such minor if his application for suspension of sentence is


    disapproved or if while in the reformatory institution he becomes incorrigible,
    in which case he shall be returned to the court for the imposition of the proper
    penalty

    ART. 69: PENALTY TO BE IMPOSED WHEN THE CRIME


    COMMITTED IS NOT WHOLLY EXCUSABLE

    Penalty to be imposed when the crime committed is not wholly excusable:1 or 2


    degrees lower if the majority of the conditions for justification or exemption in
    the cases provided in Arts. 11 and 12 are present.
    ART. 70: SUCCESSIVE SERVICE OF SENTENCE

    The Three-Fold Rule


    1. Maximum duration of the convict’s sentence: 3 times the most severe penalty
    imposed
    2. Maximum duration: shall not exceed 40 yrs 3. Subsidiary imprisonment:
    This shall be excluded in computing for the maximum duration.

    * The three-fold rule shall apply only when the convict is to serve 4 or more
    sentences successively

    ARTICLE 71. Fine. —

    The fine shall be considered as the last of all the principal penalties listed in the
    preceding article.
    When a fine is so imposed, the duration of the subsidiary liability corresponding
    thereto, by reason of the insolvency of the offender, shall not exceed that which
    is provided in rule 2 of article 39.

    ART. 72: PREFERENCE IN THE PAYMENT OF THE CIVIL


    LIABILITIES

    The penalties shall be satisfied according to the chronological order of the dates
    of the final judgment. (Art. 70)

    ART. 73: PRESUMPTION IN REGARD TO THE IMPOSITION OF


    ACCESSORY PENALTIES

    Accessory penalties are deemed imposed with the principal penalty. However,
    the subsidiary imprisonment must be expressly stated in the decision, as it is not
    considered an accessory penalty
    ART. 74: PENALTY HIGHER THAN RECLUSION
    PERPETUA IN CERTAIN CASES

    If the decision or law says higher than reclusion perpetua or 2 degrees higher
    than reclusion temporal, then the penalty imposed is reclusion perpetua or
    reclusion temporal as the case may be, and not death. Death must be designated
    by name. However, for the other penalties, this does not apply.

    Ex: the penalty for crime X is 2 degrees lower than RP. The penalty imposed is
    prision mayor

    ART. 75: INCREASING OR REDUCING THE PENALTY OF FINE BY


    ONE OR MORE DEGREES

    To get the lower degree:

    1. Max: reduce by one-fourth

    2. Min: the same

    ART. 76: LEGAL PERIOD OF DURATION OF DIVISIBLE PENALTIES


    ART. 77: WHEN THE PENALTY IS A COMPLEX ONE COMPOSED OF
    THREE DISTINCT PENALTIES

    If there are 3 distinct penalties; there shall be a minimum, a medium and a


    maximum.

    Ex: Reclusion temporal max to death

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