Good evening everyone after we discuss penalties will now discuss service of sentence and

we will also discuss the laws that will assist prisoners to limit their service of sentence or
prison terms so that they will be released immediately to service of sentence of a person in
prison begins only on the tail the judgment of conviction become final this is because as we
remember article 24 the arrest and temporary detention of accused persons is not yet a
penalty but only a form of prevention or safety so that these arrested persons will not be able
to commit another crime under article 28 this refers to compute ation of penalties for
purposes of service of sentence if the offender should be in prison in this case the offender
is in prison because either the offender was not able to post bail because it is a non-bailable
offense or that he has no sufficient money to post bail the term of the duration of the
temporary penalties shall be computed from the day on which the judgment of conviction
become final what do we mean by temporary penalties the temporary penalties being
referred to paragraph 1 of article 28 refer to the penalties stated in article 30 31 32 33 and
34 of the revised penal code article 230 refers to the effects of the penalties of perpetual or
temporary absolute disqualification for public office what differentiates perpetual absolute
disqualification for public office from temporary absolute disqualification when we speak
about perpetual absolute disqualification it means that the penalty is effective during the
lifetime of the convict and even after the service of sentence while temporary absolute
disqualification last early during the term of the sentence and this penalty will be removed
after the service of the sentence except only for deprivation of the public office or
employment and loss of all rights to retirement pay or other pension for any office formerly
health under under article 30 if the convict was penalized with perpetual or temporary
absolute disqualification for public office shall have the following effects tudor the deprivation
of public offices and employment switch of fender may have held even if confirmed by
popular election s is the deprivation of the right to vote in any election for any popular
elective office or to be elected to such office so if the penalty of the convict includes
perpetual or temporary absolute disqualification if it's a perpetual absolute disqualification for
life that person can no longer run for public office or be elected in an efficient public service if
it's temporary absolute disqualification only during his or her term the person cannot hold
any public office weather by appointment or by election the disqualification for the officers or
public employment and for the exercise of any of the rights mention and this also includes
the loss of all rights to retirement pay or other pension for any offices formerly head so if a
person has been convicted and that includes Close the penalty of perpetual or temporary
absolute disqualification is temporary absolute disqualification the convicted person will lost
all his retirement pay and pension from the position he formerly held example what if the
convicted person is a police officer and he is already 54 years old you will be retiring at the
age of 56 he is convicted for anti graft and corrupt practices act and that includes the penalty
of temporary absolute disqualification it follows then that he will be relieved from his duties
and he will or she will lost all his rights to retirement pay and tension and what if the penalty
is only good for five years after he lost all his pension and retirement after 5 years of service
of sentence what if the penalty is only temporary absolute disqualification can he run for
office yes he can run for office because he is only suspended during the five-year term of the
penalty in the time that he run for popular election assuming the police officer run and run a
popular election will he now have a salary and enjoy whatever his benefits because of his
elected to selective position yes because the laws of all rights to retirement pay or other
pension for any office refers only to the office he formerly held prior to the conviction and and
during the service of sentence but after he has served he will be able to enjoy now his rights
for that new office if it's temporary absolute disqualification but if the penalty is perpetual
then for life he will or she will not be able to hold anymore public any public office and will not
be able to enjoy any form of retirement pay another article 31 refers to the perpetual or
temporary special disqualification for public office to 10 or calling shell to boost the following
effects it refers to the deprivation of the office employment profession or calling affected
because in the philippines our profession is just is not a matter of right but just a privilege
next is the disqualification for holding seven similar offices are employment either perpetually
or join the term of the sentence according to the extent of such disqualification under article
32 it refers to the effects of perpetual or temporary special disqualification for the exercise of
the right of suffrage when we refer to right of suffrage it includes the right to vote in any
popular election for any public office or to be elected to hold to any of public office under
article 33 the effect of the penalty of suspension from any of the public office profession or
calling order right of suffrage refers only during the term of sentence the person suspended
from holding public office shall not hold another having similar functions during the period of
his suspension under article 34 is civil interdiction interdiction which of the pride of fender
during the time of the serve of a sentence of the rights of parental authority or guardians ship
either as the person or property of any word of marital authority of the right to manage his
property and of the right to dispose of such property by any Any conveyance does under
article 28 paragraph the first paragraph the penalty of temporary penalties as a form of
service of sentence will only apply when the conviction has become final the temporary
penalties being referred to under article 28 first paragraph are the temporary penalties under
article 30 31 32 33 and 34 of the revised penal code how about the second paragraph it
says that the offender be not in prison if the offender is not in prison the term of the duration
of the penalty consisting of deprivation of liberty liberty shall be computed from the day that
the offender is placed at the disposal of the judicial authorities for the enforcement of the
penalty the duration of the other penalty shall be computed only from the day on which the
defendant commences to serve his sentence it only means that if the person is or the
offender is not yet in prison the service of sentence starch only when his deprivation of
liberty started it's means that when the person is not in prison he service of sentence will
only start when he is already placed in prison next under article 29 it says that the period of
preventive imprisonment deducted from term of imprisonment article 29 is amended by
republic act number 105 92 again as discussed under article 24 the arrest and temporary
detention of accused persons is not yet a penalty but a form of prevention however the
period or time of their preventive imprisonment can be deducted from the penalty full-time of
preventive imprisonment if at the time of the detention prisoner agrees voluntarily in writing
after being informed of the effects and with the assistance of counsel to abide by the same
disciplinary rules into zapan convicted prisoners however if he does not want to avoid only
4/5 of time of preventive imprisonment will be deducted if the detention prisoner does not
agree to abide by the same disciplinary rules imposed upon convicted prisoners we should
do so in writing with assistance of counsel does the period of preventive imprisonment can
be detected sometime or 4/5 please take note when is there preventive imprisonment the
accused undergoes preventive imprisonment when the offense charged is non-bailable or
even if bailable we cannot furnish the required dale and the period of his preventive
imprisonment can be deducted full-time if the detention prisoner agrees to abide by the
same disciplinary rules in prosopon convicted persons convicted prisoners in writing and
voluntarily with the assistance of counsel and only for fifth if he does not ok so please take
note that when the accused undergoes preventive imprisonment the period equal to the
possible maximum imprisonment of the offense charged to which he may be sentence and
his case is not yet terminated he shall be released immediately without prejudice to the
continuation of trial or the preceding on appeal if the same is under review show if the
accused is undergoing preventive imprisonment sora . equal to the possible maximum
penalty or maximum in Person meant of the offense charged he shall be released
immediately the computation of the possible maximum imprisonment shelby his actual
period of detention including good conduct time allowance to good conduct and time
allowance refers to article 97 of the revised penal code as amended by republic act 10592 it
is too good conduct of any offender qualified for credit for preventive imprisonment or of any
convicted prisoners and any penal institution rehabilitation or detention center or any other
local jail shall entitle him to the following deductions from the period of this sentence during
the first two years of imprisonment he should be allowed and deduction of 20 days for each
month of good behavior during detention during the third to the fifth year inclusive of his
imprisonment he should be allowed a reduction of 23 days for each month of good behavior
during detention during the following years until the 10th year inclusive of his imprisonment
who shall be allowed a deduction of 25 days for each month of good behavior during
detention during the 11th and successive years of his imprisonment who shall be allowed a
deduction of 30 days for each month of good behavior during detection and at any time
during the period of imprisonment he shall be allowed and not a deduction of 15 days in
addition to numbers 124 here of for each month of study teaching or mentoring service time
rendered and please take note and appeal by education not deprive him of entitlement to the
above allowances for good conduct however if the accused is release because he has
already served his possible maximum imprisonment for the offense and he failed to appear
during trial at any stage of the trial without any justifiable for the court may not appropriate
order for history arrest as for cases of destierro the maximum penalty to which he may be
sentence she will be released after 30 days of preventive imprisonment aside from the
deduction from the period of sentence do to good conduct under article 97 article 98 of the
revised penal code as amended by r.a. republic act 10592 to b the special time allowance for
loyalty it states a deduction of 1/5 of the period of his sentence should be granted to any
prisoner who having evaded his preventive imprisonment or the service of the sentence
under the circumstances mentioned in article 1508 of this code article 158 of the revised
penal code refers to evasion of service of sentence on the occasion of disorder conflagration
earth wake or other calamities gives himself up to the authorities within 48 hours following
the issuance of a proclamation announcing the passing away of the calamity or catastrophe
a deduction of 2/5 of the period of a sentence shall be granted in case and prisoner chose to
stay in the place of his confinement notwithstanding the existence of a calamity or
catastrophe enumerated and article 158 this article shall apply to any prisoner whether
undergoing preventive imprisonment or serving sentence the in relation to republic act 10592
the term for the service of imprisonment of or deprivation of liberty for a convicted person will
be deducted as Will be deducted as follows full-time or 4/5 of his preventive imprisonment
full-time of prevent preventive imprisonment if the convicted or detained person voluntarily
abide by the same disciplinary rules imposed convicted prisoners for fifth if he does not
voluntarily abide in writing with the assistance of counsel as to the same disciplinary rules
imposed upon convicted persons under article 97 his period of good conduct and time
allowance and also his good conduct or time of study teaching or mentoring service time
rendered also special time allowance for loyalty but please take note and please memorize
the deduction for the period of preventive imprisonment the deduction for good conduct and
time allowance to deduction for months of study teaching or mentoring service and the
deduction for special time allowance for loyalty does not apply to the following persons:
recidivist, habitual delinquents escapees and persons charged with heinous crimes
Q: who are these persons charged with heinous crimes republic act 7659 this is the law that
provides for death penalty define heinous crimes as grievious, audious and hateful offenses,
thus heinous crimes include Treason, Treason piracy in general and mutiny on the high seas
in the philippine waters qualified piracy qualified bribery parricide murder infanticide
kidnapping and serious illegal detention robbery with violence against or intimidation of
persons destructive arson rate and importation distribution manufacturing and possession of
illegal drugs these crimes please memorize are considered as heinous crimes wear under
republic act number 7659 death penalty must be imposed but please take note under
republic act number 9 3 4 6 the death penalty imposition is not prohibited under section 22 of
the death penalty penalty for reclusion perpetua will be imposed when that was violated is a
crime under the revised penal code while the penalty of life imprisonment will be imposed if
the nature of the penalties special penal laws or which amount equivalent to the prevalence
of the conviction by the trial court what then is a subsidiary penalty subsidiary imprisonment
suffered by the convict property to which to meet the find at the rate of one day for each
amount equivalent to the highest minimum wage rate prevailing in the philippines at the time
of the rendition of judgment of conviction by the trial court the rate for subsidiary
imprisonment to date it's at 530 538 pesos per day to find being referred to under article 39
refers to find as a penalty other as a singular penalty because there are some laws that
provides only fine as a penalty or fine in addition to the penalty of imprisonment because
again they are also other laws that imposes a penalty of imprisonment and fine here are the
rules for subsidiary imprisonment due to failure to pay the fine if the penalty imposed is
pression correctional or a resto mayor arresto menor suspension destierro or fine only
subsidiary imprisonment shall not exceed one third of the term of the sentence and shall not
continue for more than one year a fraction or part of a day is not counted please take note
that for subsidiary imprisonment it only covers the following penalties pression correctional
arresto mayor arresto menor suspension destierro and find only this is because is if the
penalty is higher than pression correctional or 6 months and 1 day 26 years does is higher
than pression correctional so that 6 years and 1 day or pression mayor there is no subsidiary
imprisonment please take note as two habitual delinquent the additional penalty for habitual
delinquent should also be taken into consideration whether to impose the subsidiary
imprisonment if the total imprisonment is also more than six years or 6 years and 1 day then
there is no subsidiary imprisonment next if the penalty imposed is fine only subsidiary
imprisonment shall not exceed six months if the culprit is prosecuted for grave or less grave
felony and shall not exceed 50 days if prosecuted for light felonies if the penalty imposed is
not to be executed by confinement but fixture ation subsidiary penalty shall consist in the
same deviations as those of the principal penalties in case the financial circumstances of the
convict should improve who shall pay the fine notwithstanding the that he has already served
subsidiary imprisonment is also take note that the judgment of conviction must imposed
subsidiary imprisonment if there is no provision in the judgment of conviction that the
convicted person will undergo subsidiary imprisonment for non-payment of fine then there
can be no subsidiary imprisonment also there is also no subsidiary imprisonment for non-
payment of other pecuniary liabilities such as the reparation of the damage caused indication
and defecation of the consequential damages and costs of the proceedings under article 39
because subsidiary penalty or subsidiary imprisonment only applies to find not other form of
non payment such as the reparation of the damage caused it settle 45 provides confiscation
and forfeiture of the proceeds or instruments of the crime it states that every penalty
imposed for the commission of a felony show carry with it the for free sure of the proceeds of
the crime and the instruments or tools with which it was committed such proceeds and
instruments or to show be confiscated and forfeited in favor of the government the exception
there is if the property of a third person not liable for the offense but those articles which are
not subject of lawful commerce shall beDoes all effects of the crime or those objects being
used in the commission of the crime shall be forfeited in favor of the state we have a lot of
situations where in motorcycles motor vehicles are being forfeited in favor of the state the
exception there is or are those vehicles or those instruments or those objects that are owned
by third persons who are not included or liable by the offense however if the object of the
crime is not subject of lawful commerce shall be destroyed an example of these are
dangerous drugs which must be destroyed his are confiscated in favor of the state and
thereafter must be destroyed