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When Afflictive, Correctional, Or Light Penalty


ART.26

Fines:
1. Afflictive – over 6000
2. Correctional – 201 to 6000
3. Light – 200 and less

NOTES:

The classification applies if the fine is imposed as a single
or alternative penalty. Hence, it does not apply if the fine
is imposed together with another penalty.

Fines are imposed either as alternative (Ex: Art 144 punishing
disturbance of proceedings with arresto mayor or fine from 200
pesos to 1000 pesos) or single (Ex. fine of 200 to 6000 pesos)

Penalty cannot be imposed in the alternative since it is the
duty of the court to indicate the penalty imposed definitely
and positively. Thus,the court cannot sentence the guilty
person in a manner as such as “to pay fine of 1000 pesos, or
to suffer an imprisonment of 2 years, and to pay the costs.”

If the fine imposed by the law for the felony is exactly 200
pesos, it is a light felony.

People vs. Yu Hai (99 Phil. 725):
Under Art. 9, where the fine in question is exactly P200, it
is a light penalty, thus the offense is a light felony; whereas
under Art. 26, it is a correctional penalty, hence the offense
involved is a less grave felony. It that this discrepancy
should be resolved liberally in favor of the accused, hence
Art. 9 prevails over Art. 26

Distinction between classification of Penalties in Art. 9
and Art. 26

   Article 9 - Applicable in determining the prescriptive period
   of felonies

   Article 26 - Applicable in determining the prescriptive
   period of penalties





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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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