Legal Question in Criminal Law in Philippines

If the wife is guilty of adultery she will be punished by imprisonment can she bail or under probationary?


Asked on 12/28/12, 7:43 am

1 Answer from Attorneys

VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

The medium period of the penalty for adultery is from 2 years, 4 months and 1 day to 4 years and 2 months imprisonment. The maximum period is from to 4 years, 2 months and 1 day to 6 year imprisonment. Simply stated, the longest time a wife will be imprisoned is 6 years.

Yes, its subject to probation.Those not subject to probation under Presidential Decree 968 under Sec. 9. Disqualified Offenders. � The benefits of this Decree shall not be extended to those:

(a) sentenced to serve a maximum term of imprisonment of more than six years;

(b) convicted of any offense against the security of the State;

(c) who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than Two Hundred Pesos;

(d) who have been once on probation under the provisions of this Decree; and

(e) who are already serving sentence at the time the substantive provisions of this Decree became applicable pursuant to Section 33 hereof.

Unless she will fall in any of the above instances then she is entitled to probation.

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Answered on 1/05/13, 11:20 pm


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