Crim Law Presentation

8/13/2019 Crim Law Presentation

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Successive service of sentence. When the culprithas to serve two or more penalties, he shall servethem simultaneously if the nature of the penalties

will so permit otherwise, the following rules shallbe observed:

In the imposition of the penalties, the order of theirrespective severity shall be followed so that they

may be executed successively or as nearly as maybe possible, should a pardon have been granted asto the penalty or penalties first imposed, or shouldthey have been served out.


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1. Death, 2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,

6. Arresto mayor,

7. Arresto menor,

8. Destierro,

9. Perpetual absolutedisqualification,

10 Temporal absolutedisqualification.

11. Suspension from publicoffice, the right to vote and bevoted for, the right to follow a

profession or calling, and

12. Public censure.chanrobles


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No penalty shall be executed except by virtueof a final judgment.

A penalty shall not be executed in any otherform than that prescribed by law, nor with anyother circumstances or incidents than those

expressly authorized thereby.


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shall be executed and served in the placesand penal establishments provided by theAdministrative Code in force or which maybe provided by law in the future.


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Shall not permitted to enter to enter the placeor places designated in the sentence

Not more than 250km

Not less than 25km


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The penalty of arresto menor shall be served inthe municipal jail, or in the house of thedefendant himself under the surveillance of an

officer of the law, when the court so providesin its decision, taking into consideration thehealth of the offender and other reasons whichmay seem satisfactory to it.


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Article 81. When and how the death penalty isto be executed

-shall be executed with preference to any other

and shall consist in putting the person undersentence to death by lethal injection

-The death sentence shall be executed under theauthority of the Director of Prisons, endeavoring

so far as possible to mitigate the sufferings of thepersons under sentence during lethal injection aswell as during the proceedings prior to theexecution. (amended by R.A no. 8177)


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The lethal injection to be administered is sufficientto cause the instantaneous death of the convict.

all personnel involved in the administration oflethal injection shall be trained prior to theperformance of such task

authorized physician of the Bureau of Corrections,after thorough examination, shall officially make apronouncement of the convict's death and shallcertify thereto in the records of the Bureau ofCorrections

death sentence shall be carried out not earlier than

one (1) year nor later than eighteen (18) monthsafter the judgment has become final and executorywithout prejudice to the exercise by the Presidentof his executive clemency powers at all times."


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The court shall designate a working day for theexecution, but not the hour thereof; and suchdesignation shall not be communicated to the offenderbefore sunrise of said day, and the execution shall nottake place until after the expiration of at least eight

hours following the notification, but before sunset.During the interval between the notification and theexecution, the culprit shall, in so far as possible, befurnished such assistance as he may request in order tobe attended in his last moments by priests or ministers

of the religion he professes and to consult lawyers, aswell as in order to make a will and confer withmembers of his family or persons in charge of themanagement of his business, of the administration ofhis property, or of the care of his descendants.


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shall not be inflicted upon a woman while she ispregnant or within one (1) year after delivery

upon any person over seventy years of age commuted to the penalty of reclusion perpetua

with the accessory penalty provided in article 40. Under art. 47 -below eighteen (18) years of age at

the time of the commission of the crime all cases where the death sentence has become

final, the records of the case shall be forwardedimmediately by the Supreme Court to the Office ofthe President for possible exercise of the pardoningpower. (As amended by Sec. 25, Republic Act No.7659.)


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The execution shall take place in thepenitentiary of Bilibid in a space closed to thepublic view and shall be witnessed only by the

priests assisting the offender and by hislawyers, and by his relatives, not exceeding six,if he so request, by the physician and thenecessary personnel of the penal establishment,

and by such persons as the Director of Prisonsmay authorize.


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Unless claimed by his family, the corpse of theculprit shall, upon the completion of the legalproceedings subsequent to the execution, beturned over to the institute of learning or scientific

research first applying for it, for the purpose ofstudy and investigation, provided that suchinstitute shall take charge of the decent burial ofthe remains. Otherwise, the Director of Prisonsshall order the burial of the body of the culprit atgovernment expense, granting permission to bepresent thereat to the members of the family of theculprit and the friends of the latter. In no case shallthe burial of the body of a person sentenced todeath be held with pomp.


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The Secretary of Justice in coordination with theSecretary of Health and the Bureau of Correctionsshall, within thirty (30) days from the effectivity ofthis Act, promulgate the rules to implement its

provisions. Persons already sentenced by judgment, which

has become final and executory, who are waitingto undergo the death penalty by electrocution or

gas poisoning shall be under the coverage of theprovisions of this Act upon its effectivity. Theirsentences shall be automatically modified for thispurpose.


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FACTS

: Pete C. Lagran was convicted by the Regional Trial Court ofQuezon City of three (3) counts of violation of Batas Pambansa (BP)Blg. 22. He was sentenced to suffer imprisonment of one (1) year foreach count and to pay a fine of P125,000.00, with subsidiaryimprisonment in case of insolvency

Contention:if the penalties or sentences imposed on the accused areidentical, and such penalties or sentences emanated from one courtand one complaint, the accused shall serve them simultaneously. Hestated that he has been incarcerated for two (2) years and four (4)days, counted from February 28, 2001, thus, his detention in the NewBilibid Prison is now without legal basis.

ISSUE: WON the accused has completed the service of his sentence.


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RULING: NO, Article 70 of the Revised Penal Codeallows simultaneous service of two or more penaltiesonly if the nature of the penalties so permitThe

penalties that can be simultaneously served are: (1)perpetual absolute disqualification, (2) perpetualspecial disqualification, (3) temporary absolutedisqualification, (4) temporary specialdisqualification, (5) suspension, (6) destierro, (7)public censure, (8) fine and bond to keep the peace,(9) civil interdiction, and (10) confiscation andpayment of costs. These penalties, except destierro,can be served simultaneously with imprisonment.

The penalties consisting in deprivation of libertycannot be served simultaneously by reason of thenature of such penalties.[6] Where the accused issentenced to two or more terms of imprisonment, theterms should be served successivelyA

Crim Law Presentation

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