3-fold Rule (Article 70 of the Revised Penal Code)

Summary

The discussion focuses on the principles of successive service of sentences and the three-fold rule within the penal code. It explains that convicts typically serve multiple sentences simultaneously unless specified otherwise, in which case they follow an order based on severity. The three-fold rule limits imprisonment to three times the most severe penalty or the total of all sentences, capped at 40 years. The session also clarifies distinctions between various scales of penalties outlined in the code, ensuring proper application of these legal concepts.

Takeaways

• 😀 Convicts generally serve multiple sentences simultaneously unless the nature of the penalties requires them to be served successively.
• 😀 The order of serving sentences is determined by their severity, according to the scale in Article 70 of the penal code.
• 😀 Simultaneous sentences can include penalties such as imprisonment and fines or other non-deprivation penalties, while imprisonment cannot be served at the same time as other forms of deprivation of liberty.
• 😀 When serving successive sentences, the most severe penalty must be served first, and lesser penalties will only commence after the more severe ones are completed.
• 😀 The three-fold rule limits the total time a convict can serve to three times the most severe penalty or the total of all penalties, whichever is lower, with a maximum cap of 40 years.
• 😀 For the application of the three-fold rule, both Reclusion Perpetua and Life Imprisonment are computed at 30 years each.
• 😀 Specific examples illustrate how to apply the three-fold rule, ensuring clear understanding of its implications for different sentence lengths.
• 😀 Article 25 defines principal and accessory penalties, while Articles 70 and 71 clarify the order of serving sentences and penalties for attempted felonies, respectively.
• 😀 The rules are designed to prevent convicts from serving excessive penalties that exceed statutory limits, ensuring fairness in the penal system.
• 😀 Understanding the distinctions among the scales of penalties is crucial for correctly applying the law and ensuring justice is served.

Q & A

What is the general rule regarding the service of multiple sentences for a convict?

The general rule is that a convict shall serve multiple sentences simultaneously if the nature of the penalties allows it. If not, the sentences must be served successively in order of their severity.

Where can one find the scale used for determining the severity of penalties?

The scale can be found in Article 70 of the relevant legal code, which provides guidance on how to classify the severity of penalties when a convict receives multiple sentences.

What are some examples of sentences that can be served simultaneously?

Examples of sentences that can be served simultaneously include imprisonment with a fine, imprisonment with disqualification, and imprisonment with suspension or civil interaction.

Why can death sentences be served simultaneously?

Death sentences can be served simultaneously because a convict cannot die more than once; therefore, multiple death sentences do not create a conflict in serving time.

What is the significance of Article 70 regarding the term 'distiero'?

According to Article 70, 'distiero' cannot be served simultaneously with imprisonment because both involve deprivation of liberty, albeit 'distiero' involves only partial deprivation.

What does successive service of sentences entail?

Successive service of sentences means that terms of imprisonment must be served one after the other, starting with the most severe penalty, and the time for a lesser sentence does not begin until the more severe sentence has been completed.

What is the 'three-fold rule'?

The three-fold rule states that the maximum period of imprisonment a convict can serve for multiple sentences is three times the most severe penalty or the total of the penalties imposed, whichever is lower, with a cap of 40 years.

How do you apply the three-fold rule?

To apply the three-fold rule, first determine the most severe penalty and multiply it by three. Then, sum the durations of all sentences and compare the two results. The lesser of the two will be the period of imprisonment served.

What happens if a convict starts serving one sentence before receiving another?

If a convict has already started serving one sentence and then receives another term of imprisonment, the rules for successive service of sentences do not apply.

How are penalties under Article 70 different from those under Articles 25 and 71?

Article 70 pertains to the severity and order of serving multiple sentences, while Article 25 relates to principal and accessory penalties, and Article 71 addresses penalties for attempted or frustrated felonies.