Dito ako nakikinig while working. I'm a full time worker and will enter law school this August. This video helps me to have a prior knowledge before entering law school..
Thank you so much for this, fiscal. Pinapanuod ko videos nyo before reading the book para at least alam ko na kung ano binabasa ko hahahuhu. God bless po!
The lecture is clear however the writings on the presentation is not very clear. They're fuzzy and d letters are so small even if d orientation is changed to landscape.
Hi, Fiscal! Thank you for this simplified presentation. I would like to ask for clarification regarding the highest minimum wage which is equivalent to one day of subsidiary imprisonment. Is it irrespective of the place where the accused (convict) is situated? Do we have to consider just the highest minimum wage in Ph po regardless of where he is imprisoned, for example?
Yes. RA 10159 which amended Art. 39 of the RPC does not distinguish where the convict is situated. The amendatory law explicitly states that it shall be based on the "highest minimum wage rate prevailing in the Philippines at the time of the rendition of judgment of conviction by the trial court" without qualification. Under d rules on statutory construction, where the law does not distinguish, we should not distinguish. Also, the same is favorable to the accused. It lessens the number of days of "subsidiary imprisonment" when the minimum wage rate is high. 😊
Fiscal, with regards to Art. 39, suppose the financial capacity of the convict only improved after serving in full both the principal penalty and the subsidiary penalty, will he still be required to pay the fine?
Fiscal in 28:48, regarding RULE 5-B What if for example the penalty is PRISION MAYOR MEDIUM, if you apply this rule, what would be the next penalty lower in degree?
Prision mayor minimum. The rule is, if the penalty imposable is composed of only one period, the penalty next lower should also be composed of one period which is prision mayor minimum.
@@FiscalEJ Another question fiscal good morning, in applying Rule 2-B, given that the penalty imposed is composed of 2 divisible penalties to their full extent. Should the penalty next lower in degree also be composed of 2 divisible penalties?
@@FiscalEJ In that case po, what would be the penalty next lower in degree if the penalties imposed upon the accused are prision correccional to prision mayor to their full extent? Thank you po!
thank you for this!! but I want to clarify lang po.. sana po masagot ninyo, nalilito po kasi ako sa article na ito.. ung sa Art. 61.. Question 1. when po inaapply to at kanino inapply?? Hindi po kasi clear sakin.. is this article just clarifying the rules in Art. 50-57?? Question 2. regarding Rule 4) prisioncorreccional maximum to prision mayor to minimum, ung penalty to be imposed po ba.. is it aresto mayor in max to prision correccional medium??? Question 3. regarding Rule 5A) if the penalty prescribed is for example prision correccional medium and maximum ung penalty to be imposed po ba, is it prision correccional minimum and prision correccional maximum??? or bababa ng arresto mayor medium and maximum?
Art. 61 is necessart to guide the courts how to lower the penalty. You must remember that each penalty prescribed by law for every felony is considered as a degree. For example, when the penalty imposed comprises two periods, the two-period penalty is deemed as one degree and the penalty next lower in degree should be composed of two periods also. If the penalty is composed of one period only, it will be considered as one degree and the next lower penalty should alse be made up of one period.
