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    Graduation of Death Penalty

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    Guiller C. Magsumbol
    This document discusses two views on how to apply graduation of penalties when the death penalty is involved. The first view is that the death penalty should be excluded from the scale of graduated penalties based on recent Supreme Court cases. The second view is that death penalty should still be considered the highest penalty for purposes of graduation, also based on some Supreme Court cases. The document outlines examples of how each view would apply graduation in a case of qualified rape where the defendant is a minor. It also discusses the evolution of Supreme Court jurisprudence on this issue, with different cases overturning or reaffirming each other over time.

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    Graduation of Death Penalty

    Uploaded by

    Guiller C. Magsumbol
    257 views2 pages
    This document discusses two views on how to apply graduation of penalties when the death penalty is involved. The first view is that the death penalty should be excluded from the scale of graduated penalties based on recent Supreme Court cases. The second view is that death penalty should still be considered the highest penalty for purposes of graduation, also based on some Supreme Court cases. The document outlines examples of how each view would apply graduation in a case of qualified rape where the defendant is a minor. It also discusses the evolution of Supreme Court jurisprudence on this issue, with different cases overturning or reaffirming each other over time.

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    Graduation of Death Penalty

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    This document discusses two views on how to apply graduation of penalties when the death penalty is involved. The first view is that the death penalty should be excluded from the scale of graduated penalties based on recent Supreme Court cases. The second view is that death penalty should still be considered the highest penalty for purposes of graduation, also based on some Supreme Court cases. The document outlines examples of how each view would apply graduation in a case of qualified rape where the defendant is a minor. It also discusses the evolution of Supreme Court jurisprudence on this issue, with different cases overturning or reaffirming each other over time.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    257 views2 pages

    Graduation of Death Penalty

    Uploaded by

    Guiller C. Magsumbol
    This document discusses two views on how to apply graduation of penalties when the death penalty is involved. The first view is that the death penalty should be excluded from the scale of graduated penalties based on recent Supreme Court cases. The second view is that death penalty should still be considered the highest penalty for purposes of graduation, also based on some Supreme Court cases. The document outlines examples of how each view would apply graduation in a case of qualified rape where the defendant is a minor. It also discusses the evolution of Supreme Court jurisprudence on this issue, with different cases overturning or reaffirming each other over time.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    Graduation of Death Penalty

    MB CAMPANILLA·THURSDAY, FEBRUARY 16, 2017

    There are two views on graduation of the penalty of death.

    Under the first view, death shall be excluded from the scale of graduated
    penalties under Article 71 of the Revised Penal Code pursuant to RA No. 9346
    (People vs. Bon, G.R. No. 166401, 30 October 2006; People vs. Abellera, G.R. No.
    166617, July 03, 2007; People vs. Brioso, G.R. No. 182517, March 13, 2009). For
    example, the accused, a minor is convicted of qualified rape. The penalty for
    qualified rape is death. However, RA No. 9346 has excluded death penalty from
    the scale of graduated penalties in Article 71. Hence, reclusion perpetua, which is
    now the highest penalty, shall be considered for purposes of graduation. Since the
    privilege mitigating circumstance of minor is present, reclusion perpetua shall be
    reduced to one degree lower, and that is reclusion temporal.

    Under the second view, for purposes of graduating penalty, the penalty of death is
    still the penalty to be reckoned with. In sum, death penalty is not excluded from
    the scale of graduated penalties (People vs. Sarcia, G.R. No. 169641, September
    10 2009; People vs. Arpon, G.R. No. 183563, December 14, 2011; People vs.
    Gulpe, G.R. No. 126280, March 30, 2004; People vs. Quitorio, G.R. No. 116765,
    January 28, 1998; People vs Madali, G.R. No. 67803-04, July 30, 1990). For
    example, the accused, a minor, is convicted of qualified rape. The penalty for
    qualified rape is death. RA No. 9346 has not excluded death penalty from the
    scale of graduated penalties in Article 71. In sum, RA No. 9346 did not amend the
    RPC, but it merely prohibits the imposition of penalty. Death penalty is still listed
    as number one in the scale of graduated penalties. Hence, death shall be
    considered for purposes of graduation. Since the privilege mitigating
    circumstance of minor is present, death penalty shall be reduced to one degree
    lower, and that is reclusion perpetua.
    I submitted my manuscript entitled “the Revised Penal Code to 2007 Edition” to
    Rex Publishing in 2006. In the said manuscript, I cited a 1990 case of Madali
    (second view) in explaining how to graduate death penalty. A few months after I
    submitted my manuscript, People vs. Bon (first view) abandoned Madali case.
    After two years, Sarcia (second view) case abandoned the Bon rule. In People vs.
    Jacinto, G.R. No. 182239, March 16, 2011, the Supreme Court expressly rejected
    the application of the Bon principle, and reaffirmed the Sarcia case. However, in
    People vs. Gambao, G.R. No. 172707, October 1, 2013, the Supreme Court, En
    Banc, reverted back to the Bon doctrine. In my 2016 Criminal Law Reviewer, I
    explained that the controlling rule is Bon case since it was reaffirmed by the
    Supreme Court En Banc in Gambao case. However, in People vs. Deliola, G.R.
    No. 200157, August 31, 2016, the Supreme Court, Third Division said that the
    controlling jurisprudence is the Sarcia case.

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