NON-INSTITUTIONAL CORRECTIONS
CA2
MODULE 7/WEEK 7
PRE-FINALS
46. The three-fold purposes of PD 968:
1. Promote the correction and rehabilitation of an offender by providing him with individualized
treatment;
2. Provide an opportunity for the reformation of a penitent offender, which might be less
probable if he were to serve a prison sentence; and
3. Prevent the commission of offenses.
Probation affects only the criminal aspect of the case but not included the civil. Hence,
civil case should be heard. (Budlong vs. Apalisok, 122 SCRA 935)
47. When and how penalty is to be executed?
No penalty shall be executed except by virtue of a final judgment. A penalty shall not be
executed in any other form than that prescribed by law, nor with any other circumstances or
incident than those expressly authorized thereby. (Art. 78, RPC)
48. What is PD 603 as amended by RA 9344? - The Child and Youth Welfare Code.
48a. What is RA 9344? - An act establishing a comprehensive Juvenile Justice and Welfare
System.
49. When death sentence shall be suspended?
Death sentence shall be suspended when the accused is: Woman, while pregnant;
Woman, within one year after delivery; Person over 70 years of age. The suspension of the
execution of the sentence as regards a person over 70 years old is necessary to give the President
time to act, because only the President can communicate the sentence.
50. Who may witness death execution?
Priest assisting the offender, offender’s lawyers, offender’s relatives not exceeding six, if
so requested, physician, and necessary personnel of penal establishment.
51. What is Executive Clemency?
It refers to Commutation of Sentence, Absolute and Conditional Pardon, with or without
parole conditions, as may be granted by the President of the Philippines upon the
recommendation of the Board of Pardon and Parole.
52. When criminal liability is totally extinguished?
By the death of the convict; By service of the sentence; By amnesty, which completely
extinguishes the penalty and all its effects; By absolute pardon; By prescription of the crime; By
prescription of the penalty; By the marriage of the offended woman, as provided in Art. 344 of
this Code. Extinction of criminal liability does not automatically extinguish the civil liability.
(Petralba vs. Sandiganbayan, 200 SCRA 644)
53. What is amnesty? - It is an act of the sovereign power granting oblivion or a general pardon
for a past offense, and is rarely, if ever, exercised in favor of a single individual, and is usually
exerted in behalf of certain classes of persons, who are subject to trial but have not yet been
convicted. (Brown vs. Walker, 161 US 602)
53a. What is pardon? - It is an act of grace proceeding from the power entrusted with the
execution of the laws which exempts the individual on whom it is bestowed from the punishment
the law inflicts for the crime he has committed. Two kinds of pardon; (a) Absolute (b)
Conditional
54. Prescription of Crimes – the loss or forfeiture of the power of the State to prosecute
offenses after the lapse of the period prescribed by law.
54a. Prescription of Penalty – the loss or forfeiture of the power of the State to impose
punishment after the lapse of the period prescribed by law.
55. When crime is prescribed?
Crimes punishable by death, reclusion perpetua or temporal shall prescribe in 20 years.
Crimes punishable by other afflictive penalties shall prescribe in 15 years. Those punishable by a
correctional penalty shall prescribe in 10 years; with exception of those punishable by arresto
mayor, which shall prescribe in 5 years. The Crime of libel or other similar offenses shall
prescribe in 1 year. The offenses of oral defamation and slander by deed shall prescribe in 6
months. Light offenses prescribe in 2 months.
56. When and how penalties prescribe? –
The penalties imposed by final sentence prescribe as follows: Death and reclusion
perpetua, in 20 years; other afflictive penalties, in 15 years; Correctional penalties, in 10 years,
with the exception of the penalty of arresto mayor, which prescribes in 5 years. Light penalties,
in 1 year.
57. When criminal liability is partially extinguished?
By conditional pardon; By commutation of the sentence; and For good conduct
allowances which the culprit may earn while he is serving sentence.
58. What is commutation of sentence? - It is a change of the decision of the court made by the
Chief Executive by reducing the degree of the penalty inflicted upon the convict, or by
decreasing the length of the imprisonment or the amount of the fine.
58a. What is parole? - It is the suspension of the sentence of a convict after serving the
minimum term of the indeterminate penalty, without granting a pardon, prescribing the terms
upon which the sentence shall be suspended.
59. What are the benefits of a prisoner for good conduct? –
The good conduct of any prisoner in any penal institution shall entitle him to the
following deductions from the period of his sentence: During the first 2 years of imprisonment,
he shall be allowed a deduction of five days for each month of good behavior; During the third to
the fifth year, inclusive, of his imprisonment, he shall be allowed a deduction of eight days for
each month of good behavior; During the following years until the tenth year, inclusive, of his
imprisonment, he shall be allowed a deduction of ten days for each month of good behavior; and
During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of
15 days for each month of good behavior. - Note: No allowance for good conduct while prisoner
is released under conditional pardon.
60. What is special time allowance for loyalty of prisoner?
It is a deduction of 1/5 of the period of the sentence of a prisoner of whom, having
evaded the service of his sentence during the calamity or catastrophe mentioned in Art. 158,
gives himself up to the authorities within 48 hours following the issuance of the proclamation by
the President announcing the passing away of the calamity or catastrophe. The deduction of 1/5
is based on the original sentence.
61. Who grants time allowance?
Whenever lawfully justified, the Director of Prisons shall grant allowances for good
conduct. Such allowances once granted shall not be revoked. (Art. 99, RPC) Every person
criminally liable for a felony is also civilly liable. (Art. 100, RPC)
62. Two classifications of injuries causes of an offense:
1. Social injury - Produced by the disturbance and alarm which are the outcome of the offense.
2. Personal injury - Caused to the victim of the crime who may have suffered damage, either to
his person, to his property, to his honor, or to her chastity.
63. Prejudicial question is an exception to the rule that the criminal action shall be decided
first and that the civil action should be suspended.
63a. What is prejudicial question? - It is a question is one which arises in a case, the resolution
of which is a logical antecedent of the issue involved in said case, and the cognizance of which
pertains to another tribunal.
63b. What are the elements of Prejudicial Question? - The civil action involves an issue
similar or intimately related to the issue raised in the criminal action; and the resolution of such
issue determines whether or not the criminal action may proceed. Sec. 5, Rule 111, Rules of
Court)
64. What is included in civil liability? Restitution – in theft, the culprit is duty-bound to return
the property stolen; Reparation of damage caused – in case of inability to return the property
stolen, the culprit must pay the value of the property stolen; Indemnification for consequential
damages – the loss of his salary or earning.
65. When civil liability is extinguished?
By payment or performance; By the loss of the thing due; By the condonation or
remission of the debt; By the confusion or merger of the rights of creditor and debtor; By
compensation; By novation.
66. When civil liability may arise?
Crime, Breach of Contract (culpa contractual), or Tortious act (culpa aquiliana).
Note: Be ready for virtual pre-final [Link] Module 7
October 14,15 2021
No blind fold but with 10mins time to answer 10 question.
