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Sentencing Rules for Multiple Penalties

The document discusses rules for serving successive sentences under Philippine law. It notes that penalties are to be served simultaneously if possible, or consecutively from most to least severe. The maximum duration is limited to three times the most severe penalty or 40 years total. Lesser penalties may be absorbed by graver penalties in cases of complex or continuing crimes.

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Marilou Garal
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111 views1 page

Sentencing Rules for Multiple Penalties

The document discusses rules for serving successive sentences under Philippine law. It notes that penalties are to be served simultaneously if possible, or consecutively from most to least severe. The maximum duration is limited to three times the most severe penalty or 40 years total. Lesser penalties may be absorbed by graver penalties in cases of complex or continuing crimes.

Uploaded by

Marilou Garal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Successive service of sentences.

Rule: When the culprit has to serve two or more penalties, he shall serve them
simultaneously if the nature of the penalties will so permit[1]; otherwise, in the imposition
of the penalties, the order of their respective severity shall be followed so that they may be
executed successively.[2] (Material Accumulation System- absolute accumulation of crimes
and penalties and establishes no limitation whatsoever and, accordingly, all the penalties for
all the violations were imposed even if they reached beyond the natural span of human life.
(Guevara))
Threefold Rule- the maximum duration of the convicts sentence shall not be more than
threefold the length of time corresponding to the most severe of the penalties imposed upon
him. No other penalty shall be inflicted after the sum of those imposed equals the said
maximum period. Such maximum penalty shall in no case exceed forty year.
[3] (Juridical Accumulation System- the service of the several penalties imposed on one and
the same culprit is limited to not more than three-fold the length of time corresponding to
the most severe and in no case to exceed 40 years.)
Duration of the convicts sentence refers to several penalties for different offenses, not yet
served out.
Subsidiary imprisonment forms part of the penalty. (Bagtas vs. Director of Prisons, 84 Phil.
692, 698)
Other system of penalty- Absorption system (the lesser penalties are absorbed by the
graver penalties. Observed in the imposition of complex crimes (Art 48), continuing crimes,
and specific crimes like robbery with homicide, etc.)
[1] Par. 1, Art. 70, RPC
[2] Par 2, Art. 70, RPC.
[3] Par. 4 and 5, Article 70, RPC

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