Lecture 6

May 11, 2020
LECTURE NOTES #6
by: Atty. Sed A. Cabangon
How about if the accused is convicted of several crimes? One

for Estafa, another for Illegal Recruitment? A cursory reading of
Article 70 RPC will show that there are only 2 modes of serving two
or more (multiple) penalties: 1) simultaneously ; 2) successively
Assume that the convict was sentenced as follows:
1) On October 28, 1905 imprisonment for 6 months;
2) On November 11, 1905 imprisonment for 4 months and 1
day.
Convict shall serve the first penalty of 6 months. After the

expiration of the 6 month, he shall start serving the 2 nd penalty,
4 months and 1 day. Meaning, successively. One after the other.
Why? Because penalties consisting in deprivation of liberty
cannot be served simultaneously, or sabayan, by reason of the
nature of such penalties. (In The Matter of the Petition for
habeas corpus of Pete C. Lagran G.R. No. 147270, August 15,
2001)
How about simultaneous service of sentence?

Article 70 RPC allows simultaneous service of the following:
1) Perpetual absolute disqualification;
2) Perpetual special disqualification;
3) Temporary absolute disqualification;
4) Temporary special disqualification;
5) Suspension;
6) Destierro:
7) Public Censure;
8) Fine and Bond to Keep the Peace;
9) Civil Interdiction;
10) Confiscation and Payment of Cost
These penalties, except destierro, can be served simultaneously with

imprisonment.
(ibid. In The Matter of The Petition For Habeas Corpus of Pete C.
Lagran)
Still in Article 70, we have the 3- fold rule. What is this? If the
convict is to suffer 4 penalties for 4 crimes he committed, the
maximum duration of the sentence should not be more than three
times the most severe penalty. For example, suppose the convict
issued 10 checks. They were dishonored for being drawn against
insufficient funds. He was convicted in all 10 checks. The penalty for
BP. 22 is one year imprisonment. He will be sentenced to 10 years in
prison. Since the most severe penalty for B.P. 22 is 1 year, his
sentence will be multiplied by 3, that is, 1 year x 3 = 3 years
He will serve only 3 years imprisonment. Not 10 years.
Note that Article 70 concerns only “service” of sentence, not
the duration of penalty nor the imposition by the court of proper
penalty. The court will impose one (1) year for every check. Thus,
ten (10) years imprisonment. The computation of three (3) fold rule
is for the prison authorities to undertake. (Ppl. Vs. Salazar, C.A. 61
O.G. 5913, page 769 Reyes).
Now, it is very important to remember that in the successive

service of sentences (Art. 70) that in the maximum period shall in no
case exceed 40 years. Example, accused murdered 3 victims. He is
sentenced with Reclusion Perpetua (20 years and 1 day to 40 years,
see Art. 21 RPC). Assume that the court sentenced him to 40 years in
each count. So 3x40 is 120 years. Under Art. 70, the maximum
period he is to serve is only 40 years. Not 120 years.
We come now to Execution and Service of Penalties, page 836
Reyes.
When does the suspension of sentence occur? For our purpose,
there are instances where sentence is suspended: (1) Art. 79, when
the convict shall become insane after final sentence has been
pronounced; (2) Art. 80, for minor delinquents; and (3) Probation
Law. We have taken up the latter.
Insanity. If the person was insane at the time he committed the
crime, he is exempt from liability (Art 12, par. 1). If sane but
becomes insane during trial, the court shall suspend proceedings. If
he becomes insane after sentence or while serving sentence, the
execution is suspended (page 838, Reyes).
Minor delinquents. RA 9344 provides that a minor 15 years old

or below is exempt from criminal liability. He shall be released from
custody. Isusuli lang siya sa parents niya. A child above 15 years but
below 18 years shall likewise be exempt from criminal liability but
he is subjected to an intervention program. If he acted with
discernment he shall be put to trial. But his sentence is suspended.
Sec. 38 of RA 9344 provides that when the child is below 18

years of age who committed a crime and was found guilty, the court
shall place the child in conflict with the law under suspended
sentence even if such child has reached 18 years or more at the time
of judgement so long as he committed the crime when he was still a
child. What matters is that the offender committed the offense when
he was still of tender age (Ppl. vs. Ancajas, Oct. 21, 2015).
Art. 87 RPC is about penalty of Destierro. A sentence imposing

penalty of destierro is evaded when the convict enters any of the
place he is prohibited from entering under the sentence or if he
comes within the prohibited radius. Although destierro does not
involve imprisonment, it is a deprivation of liberty (Ppl. Vs. Abilong,
82 Phil 172).
- E N D. T H A N K Y O U -

Lecture 6

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Lecture 6

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May 11, 2020

by: Atty. Sed A. Cabangon

How about if the accused is convicted of several crimes? One

Convict shall serve the first penalty of 6 months. After the

How about simultaneous service of sentence?

These penalties, except destierro, can be served simultaneously with

Now, it is very important to remember that in the successive

Minor delinquents. RA 9344 provides that a minor 15 years old

Sec. 38 of RA 9344 provides that when the child is below 18

Art. 87 RPC is about penalty of Destierro. A sentence imposing

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