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[av_heading heading=’ ABOVE THE LAW ‘ tag=’h3′ style=’blockquote modern-quote’ size=’30’ subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=”]
BY AYIN DREAM D. APLASCA
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Monday, September 4, 2017
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WHEN we’re in law school, my classmates and I were surprised to read and study the unchanged penalties and fines provisions under the Revised Penal Code (RPC). For us, they were no longer relevant in our time because of the changing needs and circumstances in our justice system.
Just last week, President Rodrigo Duterte signed a new law to make revisions on the penalties and fines under the RPC. These revisions affect around 97 crimes determined under the said Code.
This new law is titled “An Act Adjusting the Amount of the Value of Property and Damage on which a Penalty is Based” also known as Republic Act 10951.
Among the adjustments made were in the identification of penalties: afflictive penalty if it exceeds P1.2 million; correctional penalty if it does not exceed P1.2 million but not less than P40, 000; and light penalty if it be less than P40,000.
For the commission of conspiracy and proposal to commit coup d’etat, rebellion or insurrection, the penalty is prision mayor and a fine not exceeding P1,000 in minimum period; prision correccional and a fine not exceeding P400,000 in medium period; and prision correccional and a fine not exceeding P1 million in maximum period.
A person conspiring to commit sedition will be punished by a fine of P400,000 from the existing P2,000 while someone inciting to sedition will face fine of P200,000 from the current P2,000.
In case of treason, or any Filipino citizen who “levies war against the Philippines, or adheres to her enemies, giving them aid and comfort within the Philippines or elsewhere,” will face fine not exceeding P4 million, over P3 million higher than the current P100,000.
Any individual who commit direct assault will suffer a fine of P100,000 in minimum period and P200,000 in medium and maximum periods.
For unlawful arrest, a fine not exceeding P100,000 will be imposed to any violators.
For grave threats, a fine of P100,000 will be imposed.
The new law also mandates to punish any person who publishes false news by imposing a fine ranging from P40,000 to P200,000.
Fines ranging from P40,000 to P1.2 million will be charged against libel committed by means of writing or similar means.
The law shall have a retroactive effect as to the extent that is favorable to the accused or person serving sentence by final judgment. For cases pending before the courts upon the effectivity of the law, where trials have already started, the courts hearing the case shall not lose jurisdiction over the same virtue of the law.
This is good news, actually. The penalties and fines provisions under the RPC were enacted more than eight decades ago. And a new law updating its provisions is needed. Now, it’s already here! Law students and lawyers, brace yourselves for we have a new law to familiarize with.
(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
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