RECLUSION PERPETUA vs. LIFE IMPRISONMENT: PAREHAS LANG BA O MAGKAIBA SILA?
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00:00.0
Have you ever asked yourselves kung meron bang difference yung
00:19.6
preklosyon perpetua from life imprisonment?
00:22.8
Is life imprisonment an English translation for the penalty of
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preklosyon perpetua?
00:33.0
The answer po is hindi po sila pareho.
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And life imprisonment, since magkaiba sila, it is not the English
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translation for preklosyon perpetua.
00:44.0
Now, why do I say this?
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In 1992, matagal na ito, Administrative Circular No. 6-A-92,
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panahon pa ito ni Chief Justice Narvaza.
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Sabi ni Justice Narvaza sa Circular, sabi niya,
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The court has observed that several trial judges in their judgments of
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conviction for such serious offenses as murder, robbery with homicide,
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and rape with homicide, etc., failed to appreciate and observe the
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substantial difference between preklosyon perpetua under the ARC-PC
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and life imprisonment when imposed as a penalty.
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Kahit sa mga judges po, medyo merong mga judges na confused din, no?
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Kung parehas lang ba o magkaiba yung meaning ng dalawa.
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So, to resolve the confusion, nag-issue ngayon ang Supreme Court
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ng Administrative Circular No. 6-92, dated October 12, 1992.
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Sabi ng Supreme Court dito, yung basis ng Supreme Court dito is
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sa kaso pa rin, no?
01:52.6
The case of People v. Pinilos.
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Sabi ng Supreme Court, in the case of Pinilos,
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the revised penal code does not prescribe the penalty of life imprisonment
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for any of the felonies therein defined.
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Wala pong penalty of life imprisonment kung ang crime is nasa revised penal code.
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Ang life imprisonment po as a penalty is imposed only for crimes punished under special laws.
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So, that's one difference.
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Another difference is,
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ang reklusyon perpetua po is hindi po siya imprisonment for life.
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Ang reklusyon perpetua actually has a duration.
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Meaning, the convict can be sentenced to a penalty ranging from 20 years and 1 day to 40 years.
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So, ang pinaka, shall I say, pinakamahabang sentensya na pwedeng ipataw
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when a convict is imposed the penalty of reklusyon perpetua is up to 40 years po.
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So, after 40 years, dapat i-release na siya.
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But paano kung 50 na siya na-convict tapos final na yung judgment of conviction niya?
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40 years, 90 years na siya lalabas.
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Meron pa ka siyang pagkamag-anak na maabutan.
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Now, ang isa rin dyan is, let's say, 40 years no.
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So, after 30 years po of serving time in prison, eligible na ho siya for pardon.
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Pwede na ho siyang ipardon ng presidente.
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It's only the president who has the power to pardon convicts.
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Wala pong iba. Not the Supreme Court of Justice, not anyone else.
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Now, ang life imprisonment naman po is wala po siyang fixed duration.
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Parang imprisonment for life talaga ito.
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So, between reklusyon perpetua and life imprisonment,
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mas mahaba po ang life imprisonment.
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Kesa sa reklusyon.
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So, ang sabi dito,
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the revised penal code does not prescribe the penalty of life imprisonment
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for any of the felonies therein defined.
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That penalty being invariably imposed for serious offenses
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penalized not by the revised penal code but by special law.
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Reklusyon perpetua entails imprisonment for at least 30 years
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after which the convict becomes eligible for pardon.
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It also carries with it access,
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perpetual special disqualification,
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yung mga accessory penalties po na nakalagay doon sa RPC.
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it is not the same as life imprisonment which for one thing does not carry with it any accessory penalty
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does not appear to have any definite extent or duration.
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So, yun po ang difference ng life imprisonment from reklusyon perpetua.
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Thank you for watching!
