Module 2.docx - Module II Special Laws Affecting Penalties Indeterminate Sentence Law 1 The Revised Penal Code on Penalties Be familiar with and 65 of

Module 2.docx - Module II Special Laws Affecting Penalties...

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Module IISpecial Laws Affecting Penalties:Indeterminate Sentence Law1.The Revised Penal Code on PenaltiesBe familiar with Articles 63, 64 and 65 of the Revised PenalCodeoWhen does Article 63, 64 or 65 of the Revised PenalCode apply? Article 63 applies when the penalty is singeindivisible, regardless of any mitigating or aggravatingcircumstances. When the penalty is composed of twoindivisible penalties, and when there is only one aggravatingcircumstances, the greater penalty shall be imposed; whenthere are no attending circumstancesor when it is onlymitigating, the lesser penalty;when there are bothaggravating and mitigating, the Court shall offset one another.In cases where the penalty prescribes is reclusion temporal,Article 64 should apply. This article applies when the penaltyprescribed by law are divisible in three periods (minimum,maximum, medium). In which case, medium is applied whenthere are no attending circumstances; minimum when there ismitigating, and maximum for aggravating. But when penalty isdivisible but is not composed of three periods, Article 65 shallapply. Distinguish between indivisible penalties and divisiblepenalties.Divisible penalties are divided into three periods (minimum, mediumand maximum). If the penalty is not capable of being divided intoperiods, the penalty is indivisible.oIn the penalties prescribed in the Revised Penal Code,which ones are indivisible penalties and which ones aredivisible penalties?In the penalties provided for in Article71 of the RPC, the indivisible penalties are death, reclusionperpetua, and public censure, everything else are divisiblepenalties (reclusion temporal – arresto menor).2.Indeterminate Sentence Law (Republic Act No. 4103, as amended)What is the policy behind the Indeterminate Sentence Law? AScited by Boado, the objectives of the law are to (1) avoidunnecessary, prolonged imprisonment of convicts resulting ineconomic wastefulness; (2) decongest jails by having the convictsserve their sentences outside of prison; (3) Save the government ofthe expense necessary to maintain these petitioners in confinement;and (4) promote reformation of the prisoner by having him undersupervision of a parole officer.oIn the case of Eduardo R. Vaca and Fernando Nieto vs.Court of Appeals (G.R. No. 131714, 16 November 1998),how did the Supreme Court apply the provisions of theISLaw to remove the period of imprisonment imposed
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on the accused by the lower court? The philosophyunderlying the ISL is that of redeeming valuable humanmaterial and preventing unnecessary deprivation of personalliberty and economic usefulness with due regard to theprotection of social order.Distinguish the following: (1) the Penalty Prescribed; (2) theImposable Penalty; and, (3) the Imposed Penalty.Penaltyprescribed is the penalty imposed by the law which punishes aspecific crime. Meanwhile, the imposable penalty is the rangepossible penalties that may be given by the courts to the defendant
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