Penalties (Articles 62-69 of the Revised Penal Code)

[@gilbertoperalta4291]

Salamat sa karagdagan kaalamanan . Stock knowledge

[@andreiyuu9903]

Thank you so much for this, Atty! It helps students like me so much po!

[@FiscalEJ]

You're welcome. 😊

[@11fumiko]

Very helpful Fiscal. You answered all the questions on my mind clearly. Thank you

[@junatorres784]

Thank you so much po for this content! 😊

[@FiscalEJ]

You're welcome po

[@hellstrike007]

Thank you for this too atty.

[@FiscalEJ]

You're welcome!

[@eilleenrosales5912]

Thank you for this, Atty! Very helpful po.

[@FiscalEJ]

welcome

[@workworkboi]

Hi fiscal, i have a question. In @44:08 , "If the child does not qualify for diversion, the criminal case shall proceed and if found guilty" does that mean that the child will be placed together with adult offenders?

[@FiscalEJ]

Good evening. No, if found guilty of the offense charged, the court shall, instead of pronouncing a judgment of conviction, place the child under suspended sentence. In such a case, the child will remain under the custody of the social worker concerned until he is discharged by the court. The law (RA 9344) prohibits the detention of the child together with adult convicts.

[@workworkboi]

@@FiscalEJ Thank you so much, Sir Fiscal

[@FiscalEJ]

@@workworkboi welcome

[@acelloydeabejuela4106]

Thank you fiscal!

[@FiscalEJ]

Welcome!

[@michaelangelodavin1989]

Good eve Fiscal, in 31:00 regarding Rules for the Application of Penalties which contain three periods, if for example there are 3 mitigating circumstances with no aggravating circumstance, after the lowering of the penalty to one degree (2 Mitigating Circumstance used), will the 3rd mitigating still be considered to furthermore lower its period to a minimum one?

[@FiscalEJ]

Yes.

[@michaelangelodavin1989]

Thank you, another question fiscal. In a consummated crime where the accomplice was a minor (above 15 with discernment) will he benefit both, privileged mitigating (-1 degree) and the accomplice(-1 degree) for a total of 2 degrees lower than that of the penalty of the Principal?

[@FiscalEJ]

@@michaelangelodavin1989 yes, he will. but there is more to that than just being entitled to 2 degrees lower. he is entitled to other benefits in RA 9344 which I will be discussing in Crim2.

[@rebeccaescoto1008]

Thank u so much fiscal!

[@camp460]

Hello Atty., point of clarification with regards to habitual delinquency that for each conviction the total of the two penalties (the penalty of the crime committed and the additional penalty ) must not exceed 30yrs, does this mean if the penalty imposed for the crime committed is already 30yrs then no additional penalty should be imposed for habitual delinquency? Thank you and keep safe fiscal.

[@FiscalEJ]

Habitual delinquency applies only with reference to physical injuries, robbery, theft, estafa, and falsification. The penalty imposable for each of these crimes does not exceed 30 years.

[@camp460]

@@FiscalEJ Noted fiscal, thank you very much.

[@romelloginsajr4195]

Hello Fiscal, what if after offsetting from 3 MCs less 1 AC, left are 2 MCs, since the rules is that it can not apply to 1 degree lower because of the presence of AC, so what will be the proper penalty, is it consider in its minimum period regardless of how many remaining MCs?

[@FiscalEJ]

Yes. The penalty will only be reduced to the minimum of the imposable penalty even if there are still 2 mitigating circumstances left. This is because of the presence of the aggravating circumstance.

[@romelloginsajr4195]

@@FiscalEJ Thank You so much Fiscal :)

[@roniedaligdig1611]

Thank you Pros.

[@cirilollido7468]

Good day fiscal, I have some concern about the rule 2 in art 63 of rpc as you mentioned that if there are 2 indivisible penalty imposed the said rule is no longer operative due to the abolition of the death penalty by r.a 9346. Meaning po ba Yung apat na na mentioned dun sa art 63 sa like ito po 1. When in the commission of the deed there is present only on aggravating circumstance, the greater penalty shall be applied. 2. When there are neither mitigating nor aggravating circumstances and there is no aggravating circumstance, the lesser penalty shall be applied. 3. When the commission of the act is attended by some mitigating circumstances and there is no aggravating circumstance, the lesser penalty shall be applied. 4. When both mitigating and aggravating circumstances attended the commission of the act, the court shall reasonably allow them to offset one another in consideration of their number and importance, for the purpose of applying the penalty in accordance with the preceding rules, according to the result of such compensation. Hindi na po ba to operative fiscal? Sana po ma notice nyo po Ako nalilito po Kase ako.

[@yusoufuday3116]

May I ask sir what is the legal period of duration of divisible penalty?

[@FiscalEJ]

Marami pong mga divisible penalties at iba iba po ang duration. Pls see article 27 po sa Revised Penal Code.

[@davidevanglista8430]

Gusto ko poh sana malaman.. ang article6691

[@CHRISTIANMHELCARINO]

Good evening Attorney wala po bang article 71 and 72? Sana po magawan ng video heheheh

[@catiangrosellec.4228]

Hello sir Where is art. 73-75?❤️ Sana magawa Yung video tungkol sa article na yan

[@FiscalEJ]

Pls see the whole video. 😊

[@nicolainashobero9279]

Sana po may tagalog translation 🙏

[@shaddrojas3083]

Subscriber here fiscal

[@FiscalEJ]

thank you!

[@urrutianeilvincents.7615]

Tagalog explanation nxt time

[@FiscalEJ]

English po kasi ang medium of instruction natin kaya english po yung explanation/discussion.