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Please provide the answers to these questions citing appropriate legal

authorities, e.g. a provision of law, a decided case or a commentary;


use proper citations. Provide brief but exhaustive answers. Write your
answers in an elementary notebook with your full name and student
number. Kindly submit on 23 November 2019. This will be equivalent
to two graded recitations.

1. What is a penalty?

2. What measures are not considered as penalties?

3. What is preventive imprisonment?

4. Is preventive imprisonment included in the computation of the service


of the sentence in case the offender is eventually convicted?

5. What are the rules in the crediting of preventive imprisonment in the


service of the sentence?

6. What is preventive suspension?

7. What are the Constitutional and statutory limitations on the


imposition of a penalty?

8. When can a penalty be enforced or executed?

9. How are multiple penalties to be enforced or executed?

10. What is the three-fold rule in the execution of penalties? What is the
maximum period of the sentence?

11. Define and distinguish imposition and execution of penalties.

12. What are the principal penalties that may be imposed under the
Revised Penal Code?

13. Enumerate the capital penalty, afflictive penalties, correctional


penalties and light penalties.

14. With regard to the penalty of fine, when is it considered as an


afflictive, correctional or light penalty?

15. What are the accessory penalties that may be imposed under the
Revised Penal Code?

16. What penalties are both principal and accessory penalties?


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17. Is it necessary for the court to state in the dispositive portion of


his/her decision both the principal and accessory penalties that
he/she has imposed on the convict?

18. Define and distinguish divisible and indivisible penalties.

19. Enumerate the divisible penalties and the indivisible penalties.

20. State the duration of the principal penalties.

21. What is a degree? What is a period?

22. What are the legal periods of duration of divisible penalties?

23. Pursuant to Republic Act No. 7659, reclusion perpetua was given a
duration of from 20 years and 1 day to 40 years. Is reclusion perpetua
a divisible or an indivisible penalty? Provide your legal basis.

24. Has the death penalty been abolished? What is its status as a
penalty?

25. Is the death penalty a cruel, inhuman or degrading punishment?

26. Should we still include the death penalty in the graduated scale under
Article 71 of the Revised Penal Code?

27. How can you reconcile the decision of the Supreme Court in People v.
Bon, G.R. No. 166401, 30 October 2006, with its decisions in People v.
Sarcia, G.R. No. 169641, 10 September 2009 and People v. Arpon,
G.R. No. 183563, 14 December 2011?

28. If Congress wants to reimpose the death penalty, what are the
Constitutional requirements? Please explain and describe the
requirements.

29. Is reclusion perpetua and life imprisonment the same? If not, what are
their differences?

30. What are the effects of perpetual absolute disqualification?

31. What are the effects of suspension?

32. What are the effects of civil interdiction?

33. Is bond to keep the peace the same as bond for good behavior? If not,
discuss their differences.

34. How is the penalty of destierro served?


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35. Enumerate the instances where the penalty of destierro is imposed.

36. Enumerate the instances where the penalty of public censure is


imposed.

37. What are the pecuniary liabilities?

38. What are the civil liabilities?

39. What is the order of preference in the payment and/or satisfaction of


the pecuniary and civil liabilities in case the accused/convict had no
sufficient funds or property?

40. What is subsidiary penalty? Can it be imposed even if it was not


included in the judgment of the court?

41. Discuss the primary rules in the imposition, computation and


execution of subsidiary penalty.

42. What are complex crimes?

43. What are special complex crimes?

44. Distinguish complex crimes from special complex crimes?

45. What is the absorption principle in criminal law?

46. What is a continuing and/or continued crime?

47. Where are the penalties of reclusion perpetua, reclusion temporal,


prison mayor, prision correccional and arresto mayor served and
executed?

48. Who are detention prisoners and where are they detained?

49. Where is the penalty of arresto menor served and executed?

50. What is community service? Is it imposed as a penalty?

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