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Measures Of Prevention Or Safety Which Are Not Considered Penalties


ART.24

The Following Shall Not Be Considered As Penalties:
1. The arrest and temporary detention of accused persons, as
   well as their detention by reason of insanity or imbecility,
   or illness requiring their confinement in a hospital.
2. The commitment of a minor to any of the institutions mentioned
   in Art. 80 (now Art. 192, PD No. 603) and for the purposes
   specified therein.
3. Suspension from the employment or public office during the
   trial or in order to institute proceedings.
4. Fines and other corrective measures which, in the exercise of
   their administrative or disciplinary powers, superior officials
   may impose upon their subordinates.
5. Deprivation of rights and the reparations which the civil law
   may establish in penal form.

Reasons why they are not penalties:
1. Because they are not imposed as a result of judicial
   proceedings. Those mentioned in paragraphs 1, 3 and 4 are
   merely preventive measures before conviction of offenders.
2. The offender is not subjected to or made to suffer these
   measures in expiation of or as punishment for a crime.

Note: Those in par 1, 3 and 4 are merely preventive measures
before the conviction of offenders.

Par. 1 refers to “accused persons” who are detained “by reason of
insanity or imbecility.” It does not refer to the confinement of
an insane or imbecile who has not been arrested for a crime.

Paragraphs 3 and 4 refer to administrative suspension and
administrative fines and not to suspension or fine as penalties
for violations of the RPC. Fines in par. 4 do not constitute as
penalties because they are not imposed by the court.

The deprivations of rights established in penal form by the civil
laws is illustrated in the case of parents who are deprived of
their parental authority if found guilty of the crime of
corruption of their minor children, in accordance with Art. 332
of the Civil Code.

Where a minor offender was committed to a reformatory pursuant
to Art. 80 (now, PD 603), and while thus detained he commits a
crime therein, he cannot be considered a quasi-recidivist since
his detention was only a preventive measure, whereas a quasi-
recidivism presupposes the commission of a crime during the
service of the penalty for a previous crime.

Commitment of a minor is not a penalty because it is not imposed
by the court in a judgment. The imposition of the sentence in
such a case is suspended.







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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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