5. Determination of Imposable Penalty

Penalty

Any person found guilty of committing any of the acts enumerated above shall suffer the penalty of imprisonment of fifteen (15) years and a fine of not less than P500,000.00 but not more than P1,000,000.00. (Sec. 10 (b))

Penalties provided in Art. 365 are not applicable in the following cases:

• When the Penalty provided for the offense is equal to or lower than those provided in the first 2 paragraphs of Art. 365;
• When by imprudence or negligence and with violation of the Automobile Law, the death of a person shall be caused.

Imposable penalty for the commission of a felony

Only that penalty prescribed by law prior to the commission of the felony may be imposed. (Art. 21)

Felonies are punishable under the laws in force at the time of their commission. (Art. 366)

Penal laws have retroactive effect insofar as they favor a person guilty of a felony who is not a habitual criminal as defined in Article 62(5), even if final sentence has been pronounced and the convict is serving it, unless the new law provides otherwise. (RPC, Art. 22)

Periods of detention penalized

• If the detention has not exceeded three days;
• If the detention has continued more than 3 days, but not more than 15 days;
• If the detention has continued more than 15 days but not more than 6 months;
• If the detention has exceeded 6 months.

A greater penalty is imposed if the period of unlawful detention is longer. (RPC, Art. 124, Nos. 1-4)

PENALTIES

Violence, intimidation, or bribery

• These are not necessary elements of the offense. The offense can be committed by employing “other means.”
• But the offender is penalized with a higher penalty if he commits the crime using violence, intimidation, or bribery.
• But the offender is penalized with a higher penalty if he commits the crime using violence, intimidation, or bribery.

b. For two or more crimes to which it attaches a lighter penalty. (PAR. 10)