Question & AnswerQ&A (Commonwealth Act No. 217)
The primary purpose of Commonwealth Act No. 217 is to amend Articles 61, 70, and 71 of the Revised Penal Code concerning graduating penalties, successive service of sentences, and graduated scales of penalties.
The amended Article 61 outlines five rules for graduating penalties, focusing on whether the penalty is single, composed of indivisible or divisible penalties, or other cases not specified, and requires courts to impose corresponding penalties by analogy if not specifically provided.
The next lower penalty shall be that immediately following the indivisible penalty in the respective graduated scale prescribed in Article 71.
Article 70 states that penalties should be served simultaneously if possible. If not, they must be served successively according to the order of their severity, with a maximum duration of the combined sentences not exceeding three times the length of the most severe penalty imposed, and in no case exceeding forty years.
The severity scale is: Death, Reclusion perpetua, Reclusion temporal, Prision mayor, Prision correccional, Arresto mayor, Arresto menor, Destierro, Perpetual absolute disqualification, Temporary absolute disqualification, Suspension from public office and related rights, and Public censure.
Pena perpetua is computed as thirty years for the purpose of applying the provisions regarding successive service of sentences.
Scale No. 1 includes Death, Reclusion perpetua, Reclusion temporal, Prision mayor, Prision correccional, Arresto mayor, Destierro, Arresto menor, Public censure, and Fine. Scale No. 2 includes Perpetual absolute disqualification, Temporary absolute disqualification, Suspension from public office and related rights, Public censure, and Fine.
Courts should impose corresponding penalties by analogy, following the principles and graduated scales set forth in the Revised Penal Code.
The Act takes effect upon its approval, which was on November 24, 1936.
The maximum combined period for serving sentences shall not exceed forty years.