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    Two-Tiered Penalty What Is A Two-Tiered Penalty?: Illustration: A Person Is Sentenced To Suffer For Four Different Cases

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    Sienalyn Manzanillo
    The Three-Fold Rule applies when a convict is sentenced to serve multiple penalties successively. Under this rule, the most severe penalty is multiplied by three, and that product becomes the maximum total term that can be served. This rule is intended to benefit the convict. It only applies if the total penalties would exceed the product of the most severe penalty multiplied by three. The rule ensures the total term served does not exceed 40 years. It applies regardless of whether penalties were from one case or different cases, as long as they are served consecutively.

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    Two-Tiered Penalty What Is A Two-Tiered Penalty?: Illustration: A Person Is Sentenced To Suffer For Four Different Cases

    Uploaded by

    Sienalyn Manzanillo
    206 views3 pages
    The Three-Fold Rule applies when a convict is sentenced to serve multiple penalties successively. Under this rule, the most severe penalty is multiplied by three, and that product becomes the maximum total term that can be served. This rule is intended to benefit the convict. It only applies if the total penalties would exceed the product of the most severe penalty multiplied by three. The rule ensures the total term served does not exceed 40 years. It applies regardless of whether penalties were from one case or different cases, as long as they are served consecutively.

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    The Three-Fold Rule applies when a convict is sentenced to serve multiple penalties successively. Under this rule, the most severe penalty is multiplied by three, and that product becomes the maximum total term that can be served. This rule is intended to benefit the convict. It only applies if the total penalties would exceed the product of the most severe penalty multiplied by three. The rule ensures the total term served does not exceed 40 years. It applies regardless of whether penalties were from one case or different cases, as long as they are served consecutively.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    206 views3 pages

    Two-Tiered Penalty What Is A Two-Tiered Penalty?: Illustration: A Person Is Sentenced To Suffer For Four Different Cases

    Uploaded by

    Sienalyn Manzanillo
    The Three-Fold Rule applies when a convict is sentenced to serve multiple penalties successively. Under this rule, the most severe penalty is multiplied by three, and that product becomes the maximum total term that can be served. This rule is intended to benefit the convict. It only applies if the total penalties would exceed the product of the most severe penalty multiplied by three. The rule ensures the total term served does not exceed 40 years. It applies regardless of whether penalties were from one case or different cases, as long as they are served consecutively.

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    TWO-TIERED PENALTY What is a two-tiered penalty?

    A two-tiered penalty is that which occurs when the law provides that a penalty to a particular crime is in addition to the penalty imposable for another crime which results from the commission of such particular crime. Examples: 1. Maltreatment of Prisoners (Art.235) The penalty of prision correccional in its medium period to prision mayor in its minimum period, in addition to his liability for the physical injuries shall be imposed upon any public officer upon any public officer or employee who shall overdo himself in the correction or handling of a prisoner or detention officer under his charge. 2. Direct Bribery (Art. 210) Any public officer who shall agree to perform an act constituting a crime, in connection with the performance of his official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another, shall suffer the penalty of prision mayor in its minimum and medium periods and a fine of not less than three times the value of the gift, in addition to the penalty corresponding to the crime agreed upon, if the same shall have been committed. 3. Occupation of real property or usurpation of of violence against or intimidation or persons, real rights in property belonging to another, executed by him, shall be punished by a fine obtained, but not less than 75 pesos. real rights in property (Art. 312) Any person who, by means shall take possession of any real property or shall usurp any in addition to the penalty incurred for the acts of violence from 50 to 100 per centum of the gain which he shall have

    THREE-FOLD RULE What is the three-fold rule? It means that if the convict were to suffer several penalties, the maximum duration of his sentence shall not be more that three time the length of time corresponding to the most severe penalty.

    Illustration: A person is sentenced to suffer for four different cases:


    Case 1 2 3 4 Homicide Homicide Homicide Frustrated homicide The maximum duration of sentence Duration of Sentence 14 years, 8 months and 1 day 17 years, 4 months and 1 day 14 years and 8 months 12 years 59 years, 8 months and 2 days

    Application of three-fold rule: 1. the most severe of the penalties imposed shall be multiplied by 3. 3 (17 years, 4 months and 1 day)= 59 years and 3 days Note: The law has limited the duration of the maximum term of imprisonment to not more than 40 years. There fore: Accused has to suffer 40 years. 2. When the convict has to serve at least four sentences. 3. It is applied even though the penalties were imposed for different crimes at different times, and under separate information. 4. The duration of convicts sentence to several penalties for different offences has not yet served out. 5. It includes offenses with equal penalties 6. It is in the service of the penalty, not in the imposition of the penalty

    The Three-Fold Rule Under this rule, when a convict is to serve successive penalties, he will not actually serve the penalties imposed by law. Instead, the most severe of the penalties imposed on him shall be multiplied by three and the period will be the only term of the penalty to be served by him. However, in no case should the penalty exceed 40 years. This rule is intended for the benefit of the convict and so, you will only apply this provided the sum total of all the penalties imposed would be greater than the product of the most severe penalty multiplied by three but in no case will the penalties to be served by the convict be more than 40 years. Although this rule is known as the Three-Fold rule, you cannot actually apply this if the convict is to serve only three successive penalties. The Three-Fold Rule can only be applied if the convict is to serve four or more sentences successively. If the sentences would be served simultaneously, the Three-Fold rule does not govern. The chronology of the penalties as provided in Article 70 of the Revised Penal Code shall be followed. It is in the service of the penalty, not in the imposition of the penalty, that the Three-Fold rule is to be applied. The three-Fold rule will apply whether the sentences are the product of one information in one court, whether the sentences are promulgated in one day or whether the sentences are promulgated by different courts on different days. What is material is that the convict shall serve more than three successive sentences. For purposes of the Three-Fold Rule, even perpetual penalties are taken into account. So not only penalties with fixed duration, even penalties without any fixed duration or indivisible penalties are taken into account. For purposes of the Three-Fold rule, indivisible penalties are given equivalent of 30 years. If the penalty is perpetual disqualification, it will be given and equivalent duration of 30 years, so that if he will have to suffer several perpetual disqualification, under the Three-Fold rule, you take the most severe and multiply it by three. The Three-Fold rule does not apply to the penalty prescribed but to the penalty imposed as determined by the court. Illustration: Penalties imposed are One prision correcional minimum 2 years and 4 months One arresto mayor - 1 month and 1 day to 6 months One prision mayor - 6 years and 1 day to 12 years Do not commit the mistake of applying the Three- Fold Rule in this case. Never apply the Three-Fold rule when there are only three sentences. Even if you add the penalties, you can never arrive at a sum higher than the product of the most severe multiplied by three. The common mistake is, if given a situation, whether the Three-Fold Rule could be applied. If asked, if you were the judge, what penalty would you impose, for purposes of imposing the penalty, the court is not at liberty to apply the Three-Fold Rule, whatever the sum total of penalty for each crime committed, even if it would amount to 1,000 years or more. It is only when the convict is serving sentence that the prison authorities should determine how long he should stay in jail. Illustration: A district engineer was sentenced by the court to a term of 914 years in prison. A person was sentenced to three death sentences. Significance: If ever granted pardon for 1 crime, the two

    remaining penalties must still be executed. This rule will apply only if sentences are to be served successively.

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