12. How is criminal liability is totally and partially extinguished?

Art. 89. How criminal liability is totally extinguished. — Criminal liability is totally extinguished:

1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment.chanrobles virtual law library
2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty and all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman, as provided in Article 344 of this Code.chanrobles virtual law library
Art. 49. Penalty to be imposed upon the principals when the crime committed is different from that intended. — In cases in which the felony committed is different from that which the offender intended to commit, the following rules shall be observed:
1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to commit, the penalty corresponding to the latter shall be imposed in its maximum period.chanrobles virtual law library
2. If the penalty prescribed for the felony committed be lower than that corresponding to the one which the accused intended to commit, the penalty for the former shall be imposed in its maximum period.chanrobles virtual law library
3. The rule established by the next preceding paragraph shall not be applicable if the acts committed by the guilty person shall also constitute an attempt or frustration of another crime, if the law prescribes a higher penalty for either of the latter offenses, in which case the penalty provided for the attempted or the frustrated crime shall be imposed in its maximum period.chanrobles virtual law library

11. What penalty is to be imposed upon accomplices in an attempted crime?
Art. 56. Penalty to be imposed upon accomplices in an attempted crime.chanrobles virtual law library — The penalty next lower in degree than that prescribed by law for an attempt to commit a felony shall be imposed upon the accomplices in an attempt to commit the felony.chanrobles virtual law library

10. What penalty is to be imposed upon accomplices in a frustrated crime?
Art. 54. Penalty to imposed upon accomplices in a frustrated   crime.chanrobles virtual law library — The penalty next lower in degree than prescribed by law for the frustrated felony shall be imposed upon the accomplices in the commission of a frustrated felony.chanrobles virtual law library

9. What penalty is to be imposed upon accomplices in consummated crime?
Art. 52. Penalty to be imposed upon accomplices in consummated crime.chanrobles virtual law library — The penalty next lower in degree than that prescribed by law for the consummated shall be imposed upon the accomplices in the commission of a consummated felony.chanrobles virtual law librar 

8. What penalty is to be imposed upon principals of attempted crime?
Art. 51. Penalty to be imposed upon principals of attempted crimes. — A penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit a felony.chanrobles virtual law library

7. What penalty is to be imposed upon the principal of frustrated crime?
Art. 50. Penalty to be imposed upon principals of a frustrated   crime.chanrobles virtual law library— The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the principal in a frustrated felony.chanrobles virtual law library

6. What is the penalty imposed upon the principal when the crime committed is different from what intended?

Art. 47. In what cases the death penalty shall not be imposed. — The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except in the following cases:

1. When the guilty person be more than seventy years of age.chanrobles virtual law library
2. When upon appeal or revision of the case by the Supreme court, all the members thereof are not unanimous in their voting as to the propriety of the imposition of the death penalty. For the imposition of said penalty or for the confirmation of a judgment of the inferior court imposing the death sentence, the Supreme Court shall render its decision per curiam, which shall be signed by all justices of said court, unless some member or members thereof shall have been disqualified from taking part in the consideration of the case, in which even the unanimous vote and signature of only the remaining justices shall be required.chanrobles virtual law library

5. What is complex crime and give example?
When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period.
Example: Arson
Example

4. What are the accessory penalties of the following?

Art. 40. Death; Its accessory penalties. — The death penalty, when it is not executed by reason of commutation or pardon shall carry with it that of perpetual absolute disqualification and that of civil interdiction during thirty years following the date sentence, unless such accessory penalties have been expressly remitted in the pardon.chanrobles virtual law library

Art. 41. Reclusion perpetua and reclusion temporal; Their accessory penalties. — The penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life or during the period of the sentence as the case may be, and that of perpetual absolute disqualification which the offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.chanrobles virtual law library

Art. 42. Prision mayor; Its accessory penalties. — The penalty of prision mayor, shall carry with it that of temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage which the offender shall suffer although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.chanrobles virtual law library

Art. 43. Prision correccional; Its accessory penalties. — The penalty of prision correccional shall carry with it that of suspension from public office, from the right to follow a profession or calling, and that of perpetual special disqualification from the right of suffrage, if the duration of said imprisonment shall exceed eighteen months. The offender shall suffer the disqualification provided in the article although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.chanrobles virtual law library

2. What are the classification of penalties under the Revised Penal Code?

Art. 25. Penalties which may be imposed. — The penalties which may be imposed according to this Code, and their different classes, are those included in the following:

Scale

Principal Penalties

Capital punishment:

Death.

Afflictive penalties:

Reclusion perpetua,
Reclusion temporal,
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Prision mayor.

Correctional penalties:

Prision correccional,
Arresto mayor,
Suspension,
Destierro.

Light penalties:

Arresto menor,
Public censure.

Penalties common to the three preceding classes:

Fine, and
Bond to keep the peace.

Accessory Penalties

Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and be voted for, the profession or calling.
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and proceeds of the offense,
Payment of costs.

3. What are the duration of each of different penalties under the Revised Penal Code? 

Art. 27. Reclusion perpetua. — Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon.chanrobles virtual law library

Reclusion temporal. — The penalty of reclusion temporal shall be from twelve years and one day to twenty years.chanrobles virtual law library

Prision mayor and temporary disqualification. — The duration of the penalties of prision mayor and temporary disqualification shall be from six years and one day to twelve years, except when the penalty of disqualification is imposed as an accessory penalty, in which case its duration shall be that of the principal penalty.chanrobles virtual law library

Prision correccional, suspension, and destierro. — The duration of the penalties of prision correccional, suspension and destierro shall be from six months and one day to six years, except when suspension is imposed as an accessory penalty, in which case, its duration shall be that of the principal penalty.chanrobles virtual law library

Arresto mayor. — The duration of the penalty of arresto mayor shall be from one month and one day to six months.chanrobles virtual law library

Arresto menor. — The duration of the penalty of arresto menor shall be from one day to thirty days.chanrobles virtual law library

Bond to keep the peace. — The bond to keep the peace shall be required to cover such period of time as the court may determine.c

bles virtual law library

1. What are the measures of prevention or safety which are not considered penalties?
Art. 24. Measures of prevention or safety which are nor considered penalties. — The following shall not be considered as penalties:

1. The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or illness requiring their confinement in a hospital.chanrobles virtual law library
2. The commitment of a minor to any of the institutions mentioned in Article 80 and for the purposes specified therein.chanrobles virtual law library
3. Suspension from the employment of public office during the trial or in order to institute proceedings.chanrobles virtual law library
4. Fines and other corrective measures which, in the exercise of their administrative disciplinary powers, superior officials may impose upon their subordinates.chanrobles virtual law library
5. Deprivation of rights and the reparations which the civil laws may establish in penal form. kr