COLLEGE OF CRIMINAL JUSTICE

DEPARTMENT OF CRIMINOLOGY

Midterm Examination
Weekly Lesson

Criminal or Penal Laws are those acts of the legislature which prohibit certain acts and
establish penalties for their violations. Those that define crimes, treat of their nature, and
provide for their punishment. It is the branch of municipal law which defines crimes, treats of
their nature, and provides for their punishment.
These are the sources of Criminal Law in the Philippines:
 1987 Philippine Constitution
 Revised Penal Code
 Other Special Laws e.g., Acts, Commonwealth Acts, Batas Pambansa, Presidential
Decrees, and Republic Acts
 Judicial Interpretations of the Supreme Court
 Treaties, executive agreements, and generally accepted principles of international
law

Characteristics of Criminal Law

There are three characteristics of the criminal law in the Philippines:

a.) General is a characteristic of Criminal Law that binds on all persons who live or
sojourn in the Philippine territory irrespective of age, sex, color, creed, or personal
circumstances. The rule of the general application of penal law does not apply to
those cases so provided by public international law, by treaty stipulations or by law of
preferential application like the Constitution.
Exceptions:
 Treaty Stipulations
 Laws of Preferential Application
 Principle of Public International Law e.g., sovereigns or heads of states,
ambassadors, ministers plenipotentiary and ministers-resident, charges
d’affairs and attache’s are exempt from criminal prosecution. As regards
consuls and vice-consuls, their exemption will depend upon a treaty
stipulation.
Immunity may be extended to certain persons according to the provisions of a treaty,
or by the voluntary act of the government. Diplomatic Immunity is when a diplomatic
agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He
shall also enjoy immunity from its civil and administrative jurisdiction except in the
case of an action relating to receiving State outside his official functions.

b.) Territorial means that the law is applicable to all crimes committed within the limits of
Philippine territory, which includes its atmosphere, interior waters and maritime zone.
(Art. 2, Revised Penal Code). It may also apply outside of Philippine territory against
those:
 Persons who should commit an offense while on Philippine ship or airship;
 Persons who should forge or counterfeit any coin or currency note or any
obligation or security of the Philippine government;
 Persons who should be liable for acts connected with the introduction into the
country of the obligations and securities afore stated;
 Persons who while being public officers or employees, should commit an
offense in the exercise of their functions;
  Persons who should commit any of the crimes against national security and
the law of nations as defined in Title I, Book II of the Revised Penal Code.
Extra-territorial Application of this Act – subject to the provision of an existing
treaty of which the Philippines is a signatory and to any contrary provision of any law
of preferential application.

c.) Prospective states that the law shall not have any retroactive effect, except if it favors
the offender unless he is a habitual delinquent or the law otherwise provides. Three
rules are to be observed:
 A penal law does not have retroactive effect;
 If favorable to the accused, a penal law may be given retroactive effect;
 Even if favorable to the accused, a penal law cannot be given retroactive
effect if the accused is a habitual delinquent or the law so expressly provides.
Penal law cannot make an act punishable when it was not punishable when
committed. Crimes are punished under the laws in force at the time the same were
perpetrated. There is no crime without a penalty and there is no penalty without a law.
(Art366)

Limitations on Enactment of Criminal Laws

Due Process requires to the requirements that the terms of a penal statute must be
sufficiently explicit to inform those who are subject to it what conduct on their part will render
them liable to penalities. Equal Protection of the Law precept against the imposition of
cruel, inhumane, and unusual punishments. It is a nondiscriminatory statute to prevent
discrimination of the law against any persons.
It cannot enact an ex post facto law nor a bill of attainder. An ex post facto law as
defined, “prohibits retrospectivity of a penal law which punishes an act although such act is
not yet punishable at the time of commission.” While bill of attainder refers to the legislative
which inflicts punishment without trial.

Philosophies Underlying Criminal Law

1. Classical Theory is based on human free will and purpose of the penalty is
retribution. It seeks to establish mechanical and direct proportion between crime and
penalty, and there is scant regard to the human element. (ex. An eye for an eye, a
tooth for a tooth principle).
2. Positivist Theory is the sum of the social, natural, and economic phenomena to which
the actor is exposed wherein prevention and correction are the purposes of the
penalty.
3. Mixed or Eclectic Theory is a combination of positivist and classical thinking where
crimes are dealt in both compassionate or grave penalty depending on the crime
committed (ex. Death penalty for heinous crimes)

Mala in se and Mala prohibita crimes

Crime is the commission or omission by a person having capacity, of any act, which is either
prohibited or compelled by law and the commission or omission of which is punishable by a
proceeding brought in the name of the government whose law has been violated. It is an
offense against the State.
There are several types of crime, namely:
 Felony is any crime that is punishable by the Revised Penal Code. The elements of
felony are the following: (a) there is an act or omission, (b) it is punishable by the
RPC, and (c) it is committed either by Dolo or Culpa.
  Offense is any crime punishable by the Special Penal Laws
 Ordinance is any crime involving violations of an ordinance.

DOLO CULPA
There is freedom. There is freedom.
There is intelligence. There is intelligence.
There is intent There is negligence or imprudence.

Intent is the purpose to use a particular means to effect the result of the crime, while motive
is the reason or moving force which impels one to commit an act for a definite result.

Stages of Execution of a Felony

1.Consummated – When all the elements necessary for its execution and accomplishment
are present.
2.Frustrated – When the offender has performed all the acts of execution to produce the
felony as a consequence but the crime does not result due to some cause independent of
the will of the offender.
3.Attempted – When the offender begins the commission of the felony by direct overt acts
but does not perform all the acts of execution which should produce the felony as a
consequence by reason of some cause or accident other than his own spontaneous
desistance.

Mistake of Fact is an act or omission which is the result of a misapprehension of facts that
is voluntary but not intentional. The actor performed an act which would be lawful had it been
true as he believed it to be. Mistake of facts does not apply to mistake of identity because in
the latter there is intent. The following are the requisites:
 The act done would have been lawful had the facts been as accused believed them
to be,
 The intention of the accused in doing the act was lawful, and
 The mistake was without fault or carelessness on the part of the accused.

Types of Cause
Proximate Cause is the cause, which in natural and continuous sequence, unbroken by any
efficient intervening cause, produces the injury, and without which the result would not have
occurred.
Accelerating Cause is any cause that sped up the result of the death or injury even if it is
not the direct cause of such injury or death.
Efficient Intervening Cause is any cause intervening between the first wrongful cause and
the final injury which might reasonably have been foreseen or anticipated by the original
wrongdoer.

Impossible Crime a crime which would have constituted an offense against persons or
property, were it not for the inherent impossibility of its accomplishment or on account of
employment of inadequate or ineffectual means. The following are the requisites:
 The acts are performed which would be a crime against persons or property;
 There is criminal intent;
 It is not accomplished because of inherent impossibility or because the means
employed is inadequate or ineffectual.
  That the act performed should not constitute a violation of another provision of the
Revised Penal Code.

Difference between Mala in se & Mala Prohibita

Mala in se is wrong from its very nature as those felonies punished in the Revised
Penal Code. In its commission, intent is an element and good faith is a defense. Mala
prohibita is wrong because it is prohibited by law. Without the law punishing the act, it cannot
be considered a wrong. The mere commission of that act is what constitutes the offense
punished and criminal intent will be immaterial for reason of public policy.

Applying Criminal Laws (Legal Maxim)

1. El que es causa de la causa es causa del mal causado – he who is the cause of the
cause is the cause of the evil caused and one is liable for all the direct and natural
consequences of his unlawful act, even if the ultimate result had not been intended.
The act committed must be a felony. The rule does not apply to felonies committed
by culpa because there must be criminal intent. It follows that if the act committed is
lawful, even though an injury results, there is no criminal liability, except if the act is
committed with negligence.
 Error in Personae is the mistake in the identity of the victim.
 Aberratio Ictus is the mistake in the blow.
 Praeter Intentionem is the injurious result is different from that intended.
2. Mens rea (Actua non facit reum, nisi mens sit rea) – a crime is not committed if the
mind of the person performing the act complained of is innocent.
3. Pro Reo Doctrine – to resolve all doubts in favor of the accused. The presumption of
innocence and the burden of the prosecution to prove an accused’s guilt beyond
reasonable doubt.

Conspiracy and Proposal to Commit Felony

Conspiracy is when two or more persons come to an agreement concerning the commission
of a felony and decide to commit it. The following are the requisites:
1. Two or more persons came to an agreement;
2. The agreement pertained to the commission of a felony;, and
3. The execution of the felony was decided upon.
There is conspiracy if at the time of the commission of the offense, the acts of two or more
accused show that they were animated by the same criminal purpose and were united in
their execution, or when the acts of the malefactors indicate a concurrence of sentiments, a
joint purpose and a concerted action. “the act of one is the act of all.”

Circumstances Affecting Criminal Liability

I. Justifying Circumstances are those where the acts of a person is said to be in

accordance with law and, hence, he incurs no criminal and civil liability.
1. Self- defense (ex. Battered woman syndrome)
 There is unlawful aggression.
 There is reasonable necessity of the means employed to prevent or repel it; and
 There is lack of sufficient provocation on the part of the person defending himself.
2. Defense of Relative
 There is unlawful aggression.
 There is reasonable necessity of the means employed to prevent or repel it.
  In case provocation was given by the person attacked, the person making the
defense had no part in the provocation.
3. Defense of Stranger
A Stranger defined as any person not included in terms of relatives is considered a
stranger.
 There is unlawful aggression.
 There is reasonable necessity of the means employed to prevent or repel it.
 The person defending be not induced by revenge, resentment or other evil
motives.
4. State of Necessity
 The evil sought to be avoided actually exists.
 The injury feared be greater than that done to avoid it.
 There is no other practical and less harmful means of preventing it.
5. Fulfillment of a Duty or Exercise of Right or Office
 The offender acted in the performance of a duty or the lawful exercise of a right
or office.
 The injury caused or the offense committed is the necessary consequence of the
due performance of such right or office.
6. Obedience to Superior Order
 There is an order that has been issued by a superior.
 The order is for a legal purpose.
 The means used to carry out said order is lawful.
Note: it only applies to legal orders issued by a superior to subordinate. If the
subordinate follows an illegal order, such would not be justified.

II. Exempting Circumstances are those situations where there is an absence in the agent
of the crime any of all the conditions that would make an act voluntary and, hence, although
there is no criminal liability, there is civil liability.
1. Imbecile or Insane Person
 Insanity appears when there is a complete deprivation of intelligence or freedom
of the will. Imbecility appears when there is feeblemindedness or a mental
condition and dotage.
2. Accident
 A person is performing a lawful act;
 The person acted with due care;
 The person causes injury to another by mere accident; and
 The person is without fault or intention of causing such injury.
3. Compulsion of an Irresistible Force
 That the compulsion is by means of physical force;
 That the physical force must be irresistible; and
 That the physical force must come from a third person
4. Impulse of Uncontrollable Fear
 That the threat which causes fear is of an 3vil greater than, or at least equal to,
that which he is required to commit;
 That it promises an evil or such gravity and imminence and the ordinary
prevented by some lawful or insuperable cause.
5. Insuperable Cause
 An act is required by law to be done;
 The person fails to perform such act; and
 That his failure to perform such act was due to some lawful or insuperable cause.
III. Mitigating Circumstances are those that have the effect of reducing the penalty
because there is a diminution of any of the elements of dolo or culpa, which makes the act
voluntary or it is because of the lesser perversity of the offender.
1. Those mentioned in the preceding chapter, when all the requisites necessary to
justify the act or to exempt from criminal liability in the respective cases are not
attended.
2. That the offender is under 18 or over 70 years of age.
3. That the offender had no intention to commit so grave a wrong as that committed
4. That sufficient provocation or threat on the part of the offended party immediately
preceded the act.
5. That the act was committed in the immediate vindication of a grave offense to the
one committing the felony, his spouse, ascendants, descendants, legitimate, natural
or adopted brothers and sisters, or relatives by affinity within the same degrees.
6. That of having acted upon on impulse so powerful as naturally to have produced
passion or obfuscation.
7. The offender had voluntarily surrendered himself to a person in authority or his
agents, or that he had voluntarily confessed his guilt before the court prior to the
presentation of the evidence for the prosecution.
8. That the offender is deaf or dumb, blind, or otherwise suffering from physical defect
which thus restricts his means of action, defense, or communication with his fellow
beings.
9. Such illness of the offender as would diminish the exercise of the willpower of the
offender without however depriving him of consciousness of his acts.
10. Any other circumstances of a similar nature or analogous to those above-mentioned.

IV. Aggravating Circumstances are those which serve to increase the penalty without
exceeding the maximum provided by law because of the greater perversity of the offender as
shown by the motivating power of the commission of the crime, the time and place of its
commission, the means employed or the personal circumstances of the offender.
Kinds of Aggravating Circumstances
 Generic – those which applies to all felonies.
 Qualifying – those that changes the nature of the felony
 Specific – those which applies only to a particular felonies.
 Inherent – those that are part of felonies which have no effect of increasing the penalty.
1. That advantage be taken by the offender of his public position.
2. That the crime be committed in contempt or with insult to the public authorities.
3. That the act be committed with insult or in disregard of the respect due the offended
party on account of his rank, age, or sex, or that is be committed in the dwelling of
the offended party, if the latter has not given provocation.
4. That the act be committed with abuse of confidence or obvious ungratefulness.
5. That the crime be committed in the palace of the Chief Executive or in his presence,
or where public authorities are engaged in the discharge of their duties, or in a place
dedicated to religious worship.
6. That the crime be committed in the night time, or in an uninhabited place, or by a
band, whenever such circumstances may facilitate the commission of the offense.
Whenever more than three armed malefactors shall have acted together in the
commission of an offense, it shall be deemed to have been committed by a band.
7. That the crime be committed on the occasion of a conflagration, shipwreck,
earthquake, epidemic or other calamity or misfortune.
8. That the crime be committed with the aid of armed men or persons who insure or
afford impunity.
9. That the accused is a recidivist. A recidivist is one who, at the time of his trial for one
crime, shall have been previously convicted by final judgment of another crime
embraced in the same title of this Code.
 10. That the offender has been previously punished by an offense to which the law
attaches an equal or greater penalty or for two or more crimes to which it attaches a
lighter penalty.
11. That the crime be committed in consideration of a price, reward, or promise.
12. That the crime be committed by means of inundation, fire, poison, explosion,
stranding of a vessel or international damage thereto, derailment of a locomotive, or
by the use of any other artifice involving great waste and ruin.
13. That the act be committed with evidence premeditation.
14. That the craft, fraud or disguise be employed.
15. That advantage be taken of superior strength, or means be employed to weaken the
defense.
16. That the act be committed with treachery. It is when the offender commits any of the
crimes against the person, employing means, methods, or forms in the execution
thereof which tend directly and specially to insure its execution, without risk to himself
arising from the defense which the offended party might make.
17. That means be employed or circumstances brought about which add ignominy to the
natural effects of the act.
18. That the crime be committed after an unlawful entry.
19. There is an unlawful entry when an entrance of a crime a wall, roof, floor, door, or
window be broken.
20. That the crime be committed with the aid of persons under fifteen years of age or by
means of motor vehicles, motorized watercraft, airships, or other similar means. (As
amended by RA 5438).
21. That the wrong done in the commission of the crime be deliberately augmented by
causing other wrong not necessary for its commissions.

V. Alternative Circumstances are those which are considered either aggravating or

mitigating according to the nature and effects of the crime and the other conditions attending
its commission.
The alternative circumstances are:
1. Relationship
The alternative circumstance of relationship shall be taken into consideration when the
offended party is the:
 spouse
 ascendant
 descendant
 legitimate, natural or adopted brother or sister, or
 relative by affinity in the same degree, of the offender.
Mitigating vs. Aggravating
 Relationship is mitigating in crimes against property, by analogy to art.332 regarding
“persons exempt from criminal liability” of course in view of Art.332, when the crime
committed is: a) theft, b) estafa, or c) malicious mischief, relationship is exempting,
and not merely mitigating.
 It is aggravating in crimes against persons in cases where the offended is a relative
of a higher degree than the offender, or when the offender and the offended party are
relatives of the same level, such killing a brother-in-law, a half-brother, or an adopted
brother.
In crimes against chastity, relationship is always aggravating, regardless of whether the
offender is a relative of a higher or lower degree of the offended party. However, relationship
is neither mitigating nor aggravating, when relationship is an element of the offense.

2. Intoxication
By state of intoxication is meant that the offender’s mental facilities must be affected by
drunkenness.
Mitigating vs. Aggravating
It is mitigating if:
 not habitual, or
 not subsequent to the plan to commit a felony.
It is aggravating if:
 habitual, or
 if it is intentional (subsequent to the plan to commit a felony)

3. Degree of Instruction and Education of the Offender

 Low degree of instruction and education or lack of it is generally mitigating.
 High degree of instruction and education is aggravating, when the offender availed
himself of his learning in committing the crime.
 Lack of instruction or low degree of it, is appreciated as mitigating circumstance in
almost all crimes. EXCEPT in crimes, which are inherently wrong, of which every
rational being is endowed to know and feel.

Persons Criminally Liable

The following are criminally liable for grave and less grave felonies:
1. Principals - the following are considered principals
 Those who take a direct part in the execution of the act;
 Those who directly force or induce others to commit it;
 Those who cooperate in the commission of the offense by another act without
which it would not have been accomplished.

Kinds of Principals
1. Principal by Direct Participation - personally takes part in the execution of the act
constituting the crime Requisites:
 That they participated in the criminal resolution
 That they carried out their plan and personally took part in its execution by acts
which directly tended to the same end.
2. Principal by Induction - becomes liable only when the principal by direct
participation committed the act induced.
3. Principal by Indispensable Cooperation
 Direct participation in the criminal resolution and the intention to commit; and
 Principal cooperates by performing another act without which it would not have
been carried out.

2. Accomplices - persons who are present in the commission of the crime but are not
considered principals.
 Offender knows the criminal design of the principals and concurs with the
purpose;
 He cooperates in the execution by previous or simultaneous acts and has the
intention to supply material or moral aid in the commission of the crime;
 There must also be a relation between the acts of the principal and the acts of
person charged as accomplice.

3. Accessories - those who, having knowledge of the commission of the crime, and
without having participated therein, either as principals or accomplices, take part
subsequent to its commission in any of the following manners:
 By profiting themselves or assisting the offender to profit by the effects of the
crime.
  By concealing or destroying the body of the crime, or the effects or instruments
thereof, in order to prevent its discovery.
 By harboring, concealing, or assisting in the escape of the principals of the crime,
provided the accessory acts with abuse of his public functions or whenever the
author of the crime is guilty of treason, parricide, murder, or an attempt to take
the life of the Chief Executive, or is known to be habitually guilty of some other
crime.

Penalties in General
Penalty is the punishment imposed by lawful authority upon a person who commits an
unlawful, deliberate or negligent act. The situations when a favorable penalty is given
retroactive effect are the following:
a. Crime has been committed and the prosecution has begun
b. Sentence has been passed but the service has not begun
c. Sentence is being carried out

Penalties that may be imposed — no felony shall be punishable by any penalty not
prescribed by law prior to its commission.

Purpose of a Penalty
 Retribution or expiation – penalty commensurate with the gravity of the offense
 Correction or reformation – rules which regulate the execution of penalties consisting
of deprivation of liberty
 Social Defense – inflexible severity to recidivists and habitual delinquents

Juridical Conditions of Penalty

 Must be proportionate to the crime
 Must be personal
 Must be legal
 Must be equal
 Must be correctional

Retroactive effect of penal laws — penal laws shall have a retroactive effect insofar as they
favor the person guilty of a felony, who is not a habitual criminal, as this term is defined in
Rule 5 of Article 62 of this Code, although at the time of the publication of such laws a final
sentence has been pronounced and the convict is serving the same.
General Rule: criminal laws are given prospective effect, except when the same is favorable
to the accused, in which case it is applied retroactively.

Effect of pardon by the offended party — a pardon by the offended party does not extinguish
criminal action except as provided in Article 344 of this Code; but civil liabilities with regard to
the interest of the injured party is extinguished by his express waiver.
General Rule: even if the injured party already pardoned the offender, the public prosecutor
can still prosecute. The pardon is not considered a ground for dismissal of the information.
This is because a crime is an offense against the State and the offended party is only
witness.

Classification of Penalties
the penalties which may be imposed according to this Code, and their different classes, are
those included in the following:
 SCALE
Principal Penalties
Capital punishment:
Death
Afflictive penalties:
Reclusion perpetua
Reclusion temporal
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Prision mayor
Correctional penalties:
Prision correccional
Arresto mayor
Suspension
Destierro.
Light penalties:
Arresto menor,
Public censure
Penalties common to the three preceding classes:
Fine, and
Bond to keep the peace.

ACCESSORY PENALTIES
Perpetual or temporary absolute disqualification,
Perpetual or temporary special disqualification,
Suspension from public office, the right to vote and be voted for, profession or
calling,
Civil interdiction,
Indemnification,
Forfeiture or confiscation of instruments and proceeds of the offense,
Payment of costs.
According to Gravity
a. Capital
b. Afflictive
c. Correctional
d. Light
According to divisibility (principal)
a. Divisible – those that have fixed duration and are divisible in 3 periods
b. Indivisible – no fixed duration (death, RP, perpetual or absolute disqualification)

According to subject matter

a. Corporal - death
b. Deprivation of freedom – reclusion perpetua, reclusion temporal, prision mayor,
arresto mayor, arresto menor
c. Restrictive - destierro
d. Deprivation of rights – disqualification and suspension
e. Pecuniary - fine
Fine is imposed as either alternative or single. By alternative, what is meant is that the court
has the discretion on whether to impose a fine or some other penalty. By single, the
prescribed penalty is fine with a fixed or ranged amount
Reclusion Perpetua shall be from 20 years and 1 day to 40 years. As a rule, when a
penalty has a fixed duration, it should be divided into 3 equal portions, to form one period
each, in accordance with Art. 65 and 76 of the RPC.

How criminal liability is totally extinguished — Criminal liability is totally extinguished:

 By the death of the convict, as to the personal penalties and as to pecuniary
penalties, liability therefor is extinguished only when the death of the offender occurs
before final judgment.
 By service of the sentence;
 By amnesty, which completely extinguishes the penalty and all its effects;
 By absolute pardon;
 By prescription of the crime;
 By prescription of the penalty;
 By the marriage of the offended woman, as provided in Article 344 of this Code.

Application of Penalties
Penalty for Complex Crimes – when a complex crime is charged and the evidence fails to
support the charge as one of the component offenses, the defendant can be convicted of the
other crime charged. There are two kinds of complex crimes:
a. Compound Crime – when a single act constitutes 2 or more grave or less grave
felonies;
b. Complex Crime Proper – when the offense is committed as a necessary means to
commit the other.

Habitual Delinquency results in an additional penalty, which is based on the number of past
convictions at the same time of the offender’s latest conviction. There must be at least 3
convictions of any of the enumerated felonies:
1. Robbery
2. Theft
3. Estafa
4. Falsification
5. Serious Physical Injuries
6. Less Serious Physical Injuries.

In Recidivism two convictions by final judgment are enough in recidivism. It is enough that
they are embraced in the same title of the RPC and results in the imposition of the penalty
prescribed by law in the maximum period, unless the same is offset by a mitigating
circumstance.

Prescription of crime — crimes punishable by death, reclusion perpetua or reclusion

temporal shall prescribe in twenty years.
 Crimes punishable by other afflictive penalties shall prescribe in fifteen years.
 Those punishable by a correctional penalty shall prescribe in ten years; with the
exception of those punishable by arresto mayor, which shall prescribe in five years.
  The crime of libel or other similar offenses shall prescribe in one year.
 The crime of oral defamation and slander by deed shall prescribe in six months. Light
offenses prescribe in two months.
 When the penalty fixed by law is a compound one, the highest penalty shall be made
the basis of the application of the rules contained in the first, second and third
paragraphs of this article. (As amended by RA 4661)

Computation of prescription of offenses — the period of prescription shall commence to

run from the day on which the crime is discovered by the offended party, the authorities, or
their agents, and shall be interrupted by the filing of the complaint or information, and shall
commence to run again when such proceedings terminate without the accused being
convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him.
The term of prescription shall not run when the offender is absent from the Philippine
Archipelago.

When and how penalties prescribe

 Death and reclusion perpetua, in twenty years;
 Other afflictive penalties, in fifteen years;
 Correctional penalties, in ten years; with the exception of the penalty of arresto
mayor, which prescribes in five years;
 Light penalties, in one year.

Rules on Computation of Penalties

a. When the offender is in prison, the duration of the temporary penalty is from the day
on which judgment of conviction becomes final. The reason is that the arrest and
temporary detention of the accused is not considered a penalty.
b. When the offender is not in prison, the duration of the penalty of deprivation of liberty
is from the day that the offender is placed at the disposal of judicial authorities for the
enforcement of the penalty.
c. The duration of the other penalties is from the day on which the offender commences
to serve his sentence.