UNIVERSITY OF THE CORDILLERAS

COLLEGE OF LAW
Baguio City
ANSWERS TO POINTERS FOR CRIMINAL LAW 1 FINAL EXAMINATION
ESSAY
1. Memorize the range of penalties under the Revised Penal Code from
Reclusion Perpatua, Reclusion Temporal to Arresto Menor, indicating their
minimum, medium and maximum periods.
Reclusion Perpetua shall be from twenty years and 1 day to forty years.
Reclusion temporal shall be from twelve years and one day to twenty
years. (2 years 8 months)
Prision Mayor and temporary disqualification shall be from six years
one day to twelve years (2yrs)
Prision Correccional, suspension and destierro shall be from six months
and one day to six years (22 months)
Arresto Mayor shall be from one month and one day to six months (2
months)
Arresto Menor shall be from one day to one month (10 days)
2. Distinctions between reclusion perpetua and life imprisonment
Reclusion perpetua entails imprisonment for at least thirty years after
which the convict becomes eligible for pardon although the maximum
period shall in no case exceed forty years. Life Imprisonment does not
appear to have any definite extent or duration.
Reclusion Perpetua carries with it accessory penalties, namely
perpetual special disqualification, etc. and life imprisonment does not
carry with it any accessory penalties.
Reclusion Perpetua is the penalty imposed for serious offenses
penalized under the RPC and Life imprisonment is the penalty imposed
for offenses penalized under special laws.
3. The penalty of Destierro and the instances where the penalty of Destierro
is imposed?
Destierro is imposed in cases of serious physical injuries or death
under exceptional circumstance under art 24, in cases of failure to give
bond for good behavior under art 248, as a penalty for the concubine
in concubinage under art 334 and in cases where after reducing the
penalty by one or more degrees, destierro is the proper penalty.

4. Cases in probation
5. The rule and exceptions for the civil liability of the accused in case of
acquittal of the accused in a criminal case.
Section 2, par. (b), of Rule 111 of the Rules of Court, as amended
specifically provides: Extinction of the penal action does not carry
with it extinction of the civil, unless the extinction proceeds from a
declaration in a final judgment that the fact which the civil might arise
did not exist.
The judgment of acquittal extinguishes the liability of the accused for
damages only when it includes a declaration that the fact from which
the civil liability might arise did not exist. Thus, the civil liability is not
extinguished by acquittal where: (a) the acquittal is based on
reasonable doubt; (b) where the court expressly declares that the
liability of the accused is not criminal but civil in nature; and (c) where
the civil liability is not derived from or based on the criminal act of
which the accused is acquitted.
6. The rule on award of damages. Learn the application in the rules of
indemnity --- (raped 10 counts same victim) awarded to each count ; People
vs Montemayor.
Share of each person civilly liable. If there are two or more persons
civilly liable for a felony, the courts shall determine the amount for
which each must respond. (principal, accessories, accomplice)
First, civil indemnity ex delicto is the indemnity authorized in our
criminal law for the offended party, in the amount authorized by the
prevailing judicial policy and apart from other proven actual damages,
which itself is equivalent to actual or compensatory damages in civil
law. This award stems from Art. 100 of the RPC which states, Every
person criminally liable for a felony is also civilly liable.
Civil liability ex delicto may come in the form of restitution, reparation,
and indemnification. Restitution is defined as the compensation for
loss; it is full or partial compensation paid by a criminal to a victim
ordered as part of a criminal sentence or as a condition for probation.
Likewise, reparation and indemnification are similarly defined as the
compensation for an injury, wrong, loss, or damage sustained. Clearly,
all of these correspond to actual or compensatory damages defined
under the Civil Code.
Moral damages, upon the other hand, may be awarded to compensate
one for manifold injuries such as physical suffering, mental anguish,
serious anxiety, besmirched reputation, wounded feelings and social
humiliation. These damages must be understood to be in the
concept of grants, not punitive or corrective in nature,
calculated to compensate the claimant for the injury suffered.
Although incapable of exactness and no proof of pecuniary loss is

necessary in order that moral damages may be awarded, the amount

of indemnity being left to the discretion of the court, it is imperative,
nevertheless, that (1) injury must have been suffered by the claimant,
and (2) such injury must have sprung from any of the cases expressed
in Article 2219 and Article 2220 of the Civil Code. (Emphasis supplied.)
Clearly, as a general rule, exemplary damages are only imposed in
criminal offenses when the crime was committed with one or more
aggravating circumstances, be they generic or qualifying. However,
there have been instances wherein exemplary damages were awarded
despite the lack of an aggravating circumstance. This led the Court to
clarify this confusion in People v. Dalisay, where it categorically stated
that exemplary damages may be awarded, not only in the
presence of an aggravating circumstance, but also where the
circumstances of the case show the highly reprehensible or
outrageous conduct of the offender. Also known as punitive
or vindictive damages, exemplary or corrective damages are
intended to serve as a deterrent to serious wrong doings, and
as a vindication of undue sufferings and wanton invasion of the
rights of an injured or a punishment for those guilty of
outrageous conduct.
--basta read na lang din RA 7659; rape 75,000 death 100k?
7. Requisites and the rules in case of subsidiary liability of employers.
In order that an employer may be held subsidiarily liable for the
employees civil liability in the criminal action, it should be shown: (1)
that the employer is engaged in any kind of industry; (2) that the
employee committed the offense in the discharge of his duties; (3) and
that he is insolvent. The subsidiary liability of the employer, however,
arises only after conviction of the employee in the criminal action.
8. The instances or situations in criminal cases wherein the accused, either
as an adult or as a minor, can apply for and/ or be granted a suspended
sentence.
Suspension of the execution and service of the penalties in
case of insanity. when a convict shall become insane or an
imbecile after final sentence has been pronounced, the
execution of said sentence shall be suspended only with
regard to the personal penalty, the provisions of the second
paragraph of circumstance number 1 of Article 12 being
observed in the corresponding cases.
If at any time the convict shall recover his reason, his sentence shall be
executed, unless the penalty shall have prescribed in accordance with
the provisions of this Code.

The respective provisions of this section shall also be observed if the

insanity or imbecility occurs while the convict is serving his sentence.
Suspension of sentence of minor delinquents. Whenever a minor of
either sex, under sixteen years of age at the date of the
commission of a grave or less grave felony, is accused thereof,
the court after hearing the evidence in the proper proceedings,
instead of pronouncing judgment of conviction, shall suspend
all further proceedings and shall commit such minor to the
custody or care of a public or private, benevolent or charitable
institution, established under the law for the care, correction, or
education of orphaned, homeless, defective, and delinquent children,
or to the custody or care of any other responsible person in any other
place subject to visitation and supervision by the Director of Public
Welfare or any of his agents..
**The suspension of sentence last only until the child in
conflict with the law reaches the maximum age of twenty-one
years.
Supreme Court A.M. No. 02-1-18-SC, (Sections 31-35); PD No.
603 (art 189-204) youthful offender is one who over nine years
of age but under twenty one years of age at the time of the
commission of the crime. ; Rules on Juvenile in conflict with the
law (Section 32); RA 9344 Juvenile Justice and Welfare Acr of
2006
9. The rule in case of violation of conditional pardon, parole or probation.
How much of the remaining penalty would be served.
CONDITIONAL PARDON, PAROLE
For violation of the conditional pardon, the convict may be ordered
rearrested or reincarcerated by the Chief Executive, or may be
prosecuted under Art. 159 of the Code; for violation of the terms of the
parole, the convict cannot be prosecuted under Art. 159. He can be
rearrested and reincarcerated to serve the unserved portion of his
original penalty. For violation or upon the failure of the probationer to
comply with any of the conditions prescribed in the order, or upon his
commission of another offese, he shall serve the penalty imposed for
the offense under which he was placed on probation.
10. Application of the ISL (you will be asked to show how you arrived at the
penalty).
--read ISL na lang
11. Computation of Loss of earning capacity (you will also be asked to show
how you arrived at the computation so memorize the formula).

2(80-age during the time of death) = a

3
(net annual income-50% of the annual income)=b
a(b) = Loss of earning capacity