CLE-CLJ-004

50 flashcardsby SANGALLA
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1
What is the general rule on penalties under Article 21?
No felony may be punished by a penalty not prescribed by law before its commission.
2
What is the rule on retroactive application of favorable penal laws?
They generally apply retroactively when favorable, subject to the Article 22 habitual-criminal exception.
3
What is the general duration of reclusion perpetua under Article 27?
Twenty years and one day to forty years, subject to special statutory rules.
4
What is the duration of reclusion temporal?
Twelve years and one day to twenty years.
5
What is the duration of prision mayor?
Six years and one day to twelve years.
6
What is the duration of prision correccional?
Six months and one day to six years.
7
What is the duration of arresto mayor?
One month and one day to six months.
8
What is the duration of arresto menor?
One day to thirty days.
9
What is the duration of destierro?
Six months and one day to six years.
10
What is the duration of temporary disqualification when imposed as a principal penalty?
Six years and one day to twelve years.
11
What is the duration of suspension when imposed as a principal penalty?
Six months and one day to six years.
12
What is the duration of public censure?
No fixed imprisonment term; it is a public reprimand imposed by judgment.
13
What is the effect of RA 9346 on the death penalty?
It prohibits the imposition of the death penalty in the Philippines.
14
What penalty generally replaces death under RA 9346 for Revised Penal Code offenses?
Reclusion perpetua, subject to the statute's distinctions.
15
What is a principal penalty?
A punishment directly imposed for the offense under the applicable penal law.
16
What is an accessory penalty?
An additional legal consequence attached to certain principal penalties.
17
What is perpetual absolute disqualification?
Permanent deprivation of specified public offices, rights, and qualifications under Article 30.
18
What is temporary absolute disqualification?
Deprivation of specified rights and offices during the period fixed by law.
19
What is special disqualification?
Deprivation of particular offices, professions, or rights specified by law.
20
What is civil interdiction under Article 34?
Deprivation of specified civil rights, including parental authority and management or disposition of property.
21
What is the purpose of a bond to keep the peace?
To secure the offender's commitment against committing the threatened offense.
22
What is subsidiary imprisonment?
Personal liability for unpaid fines under the conditions and limits established by Article 39.
23
Does subsidiary imprisonment apply automatically to every unpaid fine?
No. Article 39 and applicable legal restrictions determine whether it applies.
24
What is the threefold rule under Article 70?
Successive service cannot exceed three times the most severe penalty, subject to the forty-year ceiling.
25
What is the maximum aggregate duration of successive penalties under Article 70?
Forty years, subject to the article's rules.
26
What is a complex crime under Article 48?
A single act producing two or more grave or less grave felonies, or one offense necessary to commit another.
27
What penalty generally applies to a complex crime under Article 48?
The penalty for the most serious crime, imposed in its maximum period.
28
What is a compound crime?
A single act constituting two or more grave or less grave felonies.
29
What is a complex crime proper?
One offense committed as a necessary means of committing another.
30
What is the distinction between a compound crime and a complex crime proper?
A compound crime involves one act; a complex crime proper involves a necessary-means relationship.
31
What is a continuing or continued crime (delito continuado)?
Several acts treated as one offense because they arise from a single criminal resolution.
32
What is the penalty rule for a frustrated felony under Article 50?
Generally one degree lower than the penalty for the consummated felony.
33
What is the penalty rule for an attempted felony under Article 51?
Generally two degrees lower than the penalty for the consummated felony.
34
What is the penalty rule for an accomplice in a consummated felony?
Generally one degree lower than the penalty prescribed for the consummated felony.
35
What is the penalty rule for an accessory in a consummated felony?
Generally two degrees lower than the penalty prescribed for the consummated felony.
36
What is the effect of an ordinary mitigating circumstance without an aggravating circumstance?
For a divisible penalty, the penalty is imposed in its minimum period.
37
What is the effect of an ordinary aggravating circumstance without a mitigating circumstance?
For a divisible penalty, the penalty is imposed in its maximum period.
38
What happens when ordinary mitigating and aggravating circumstances are both present?
They are offset according to their relative weight under Article 64.
39
What is the effect of two or more mitigating circumstances and no aggravating circumstance?
Article 64(5) generally permits a penalty one degree lower, in the appropriate period.
40
What is the purpose of the graduated scales under Article 71?
To determine the proper higher or lower degree of penalty.
41
What is the purpose of Article 76's three-period division?
To divide divisible penalties into minimum, medium, and maximum periods.
42
What is the general rule on penalties for minors under the Revised Penal Code?
Age-based privileged mitigation applies where legally relevant, subject to the Juvenile Justice Act.
43
What is the general meaning of extinction of criminal liability?
Termination of criminal liability through a cause recognized by law.
44
What are examples of total extinction of criminal liability under Article 89?
Death under specified conditions, service of sentence, amnesty, absolute pardon, prescription, and other statutory causes.
45
What is the effect of amnesty on covered criminal liability?
It extinguishes criminal liability for offenses within the valid amnesty's scope.
46
What is the distinction between amnesty and pardon?
Amnesty generally covers classes of offenses; pardon is executive clemency granted to particular persons.
47
What is prescription of a crime?
Loss of the State's right to prosecute after the applicable statutory period expires.
48
What is prescription of a penalty?
Loss of enforceability of an imposed penalty after the applicable statutory period and conditions.
49
What are examples of partial extinction of criminal liability under Article 94?
Conditional pardon, commutation of sentence, and qualifying good-conduct allowances.
50
Does extinction of criminal liability always extinguish civil liability?
No. Civil liability may survive under Article 99 and other applicable laws.
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