CONCEPT OF PENALTY

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.
-i!ht penalties:Arresto menor and Public censure.


Penalties common to the three preceding classes: Fine and
!ond to "eep the peace#

ACCESSORY PENALTIES
Perpetual or temporary absolute disqualification, Perpetual or
temporary special disqualification, Suspension from public office,
the ri!ht to vote and be voted for, the profession or callin!. Civil
interdiction, "ndemnification, #orfeiture or confiscation of
instruments and proceeds of the offense, and payment of costs.
Art. $%. &hen afflictive, correctional, or li!ht penalty. ' A fine,
(hether imposed as a sin!le of as an alternative penalty, shall be
considered an afflictive penalty, if it e)ceeds %,*** pesos+ a
correctional penalty, if it does not e)ceed %,*** pesos but is not
less than $** pesos+ and a li!ht penalty if it less than $** pesos.
The $ollo%ing are the meas&res o$ pre'ention or sa$et( %hich
are not considered penalties &nder Article )*:
,-. /he arrest and temporary detention of accused persons
as (ell as their detention by reason of insanity or
imbecility or illness requirin! their confinement in a
hospital.
,$. /he commitment of a minor to any of the institutions
mentioned in art. 0* for the purposes specified therein.
,1. Suspension from the employment or public office
durin! the trial or in order to institute proceedin!s.
,2. #ines and other corrective measures (hich, in the
e)ercise of their administrative disciplinary po(ers,
superior officials may impose upon their subordinates.
,3. Deprivation of ri!hts and reparations (hich the civil
la(s may establish in penal form.
4easures of prevention not considered as penalty but merely a
preventive measures-!ives 5ustification for detainin! the accused.
6ther(ise, the detention (ould violate the constitutional provision
that no person shall be deprived of life, liberty and property
(ithout due process of la(. And also, the accused is presumed
innocent until the contrary is proved.
RECL+SION PERPET+A
Art. $7. Reclusion perpetua. ' Any person sentenced to any of the
perpetual penalties shall be pardoned after under!oin! the penalty
for thirty years, unless such person by reason of his conduct or
some other serious cause shall be considered by the Chief
8)ecutive as un(orthy of pardon.
$**% 96/8S: reclusion perpetua has no duration because this is an
indivisible penalty and indivisible penalties have no durations.
"n People v. Conrado ucas, :R 9o. -*0-7$-71, 4ay $3, -;;2.
Court divided the time included in the penalty of reclusion
perpetua into three equal portions, (ith each portion composin! a
period as follo(s:
4inimum - $* years and one day, to $% years and ei!ht months+
4edium - $% years, ei!ht months and one day, to 11 years and four
months+
4a)imum - 12 years, four months and one day, to 2* years.
Still the Supreme Court en banc held that reclusion perpetua shall
remain as an indivisible penalty.
,R&le: -eath Penalt( does not carr( accessor( penalt( onl(
%hen it is not e.ec&ted that s&ch has an accessor(#
Art 72 states that in cases (here la( prescribes a penalty hi!her
than another !iven penalty (<o desi!natin! the name of the
former,if such hi!her penalty should be death,the same penalty and
the accessory penalties of Art2* shall be considered as the hi!her
penalty
$**% notes:Civil interdiction and Perpetual Absolute
disqualification durin! the 1* yrs follo(in! the date of sentence
unless such accessory penalties have been e)pressly remitted in the
pardon are only inherent accessory penalties of death,art2*..
$**% notes:penalties of r.perpetua and r.temporal shall carry (ith
them that of civil interdiction for life or durin! the period of
sentence and that of perpetual absolute disqualification (hich the
offender shall suffer even thou!h pardoned as to principal penalty
unless the same shall have been e)pressly remitted in pardon,art
2-..
Inno'ations on the imposition o$ the death penalt(
Aside form restorin! the death penalty for certain heinous crimes,
Republic Act 9o. 7%3; made innovations on the provisions of the
Revised Penal Code re!ardin! the imposition of the death penalty:
,-. Article 27 has been re(orded to e)pressly include
amon! the instances (here the death penalty shall not
be imposed, the case of an offender (ho is belo( -0
years old or above 7* at the time of the commission of
the offense --lo(ers the imposable penalty upon such
offenders by at least one de!ree than that prescribed for
the crime.
,$. "n the matter of e)ecutin! the death penalty, Article 0-
has been amended and, thus, directs that the manner of
puttin! the convict to death by lethal in5ection as soon
as the facilities are provided, and the sentence shall be
carried out not later that one year after the finality of
5ud!ment.
,1. ori!inal provision of Article 01, anent the suspension of
the e)ecution of the death penalty for three years if the
convict (as a (oman, has been deleted and instead,
limits such suspension to last (hile the (oman (as
pre!nant and (ithin one year after delivery.
1
PRE/ENTI/E I0PRISON0ENT
Art# )1# Period o$ pre'enti'e imprisonment ded&cted $rom
term o$ imprisonment. ' 6ffenders (ho have under!one
preventive imprisonment shall be credited in the service of their
sentence consistin! of deprivation of liberty, (ith the full time
durin! (hich they have under!one preventive imprisonment, if the
detention prisoner a!rees voluntarily in (ritin! to abide by the
same disciplinary rules imposed upon convicted prisoners, e)cept
in the follo(in! cases:
1. When they are recidivists or have been convicted previously
twice or more times of any crime; and
2. When upon being summoned for the execution of their sentence
they have failed to surrender voluntarily.
If the detention prisoner does not agree to abide by the same
disciplinary rules imposed upon convicted prisoners, he shall be
credited in the service of his sentence with four-fifths of the time
during which he has undergone preventive imprisonment. !s
amended by "epublic !ct #12$, %une 1$, 1&$'(.
Whenever an accused has undergone preventive imprisonment for
a period e)ual to or more than the possible maximum
imprisonment of the offense charged to which he may be sentenced
and his case is not yet terminated, he shall be released
immediately without pre*udice to the continuation of the trial
thereof or the proceeding on appeal, if the same is under review. In
case the maximum penalty to which the accused may be sentenced
is destierro, he shall be released after thirty +'( days of preventive
imprisonment. !s amended by ,.-. .o. 21/, %uly 1', 1&00(.
Althou!h under Article $2, the detention of a person accused of a
crime (hile the case a!ainst him is bein! tried does not amount to
a penalty, yet the la( considers this as part of the imprisonment
and !enerally deductible from the sentence.&hen (ill this credit
apply= "f the penalty imposed consists of a deprivation of liberty.
9ot all (ho have under!one preventive imprisonment shall be
!iven a credit
>nder Article $2, preventive imprisonment of an accused (ho is
not yet convicted, but by e)press provision of Article$2 is not a
penalty. ?et Article $;, if ultimately the accused is convicted and
the penalty imposed involves deprivation of liberty, provides that
the period durin! (hich he had under!one preventive detention
(ill be deducted from the sentence, unless he is one of those
disqualified under the la(.
-- if the accused has actually under!one preventive imprisonment,
but if he has been convicted for t(o or more crimes (hether he is a
recidivist or not, or (hen he has been previously summoned but
failed to surrender and so the court has to issue a (arrant for his
arrest, (hatever credit he is entitled to shall be forfeited.
"f the offender is not disqualified from the credit or deduction
provided for in Article $; of the Revised Penal Code, then the ne)t
thin! to determine is (hether he si!ned an underta@in! to abide by
the same rules and re!ulations !overnin! convicts. "f he si!ned an
underta@in! to abide by the same rules and re!ulations !overnin!
convicts, then it means that (hile he is sufferin! from preventive
imprisonment, he is sufferin! li@e a convict, that is (hy the credit
is full.
--Aut if the offender did not si!n an underta@in!, then he (ill only
be sub5ected to the rules and re!ulations !overnin! detention
prisoners. As such, he (ill only be !iven 0*B or 2<3 of the period
of his preventive detention.
#rom this provision, one can see that the detention of the offender
may sub5ect him only to the treatment applicable to a detention
prisoner or to the treatment applicable to convicts, but since he is
not convicted yet, (hile he is under preventive imprisonment, he
cannot be sub5ected to the treatment applicable to convicts unless
he si!ns and a!rees to be sub5ected to such disciplinary measures
applicable to convicts.
--Detention prisoner has more freedom (ithin the detention
institution rather than those already convicted. /he convicted
prisoner suffers more restraints and hardship than detention
prisoners.
>nder (hat circumstances may a detention prisoner be released,
even thou!h the proceedin!s a!ainst him are not yet terminated=
Article )1 o$ the Re'ised Penal Code has 2een amended 2( a
!atas Pam2ansa e$$ecti'e that too" e$$ect on Septem2er )3
4153# This amendment is $o&nd in the R&les o$ Co&rt &nder
the r&les on 2ail in R&le 44* o$ the R&les on Criminal
Proced&re the same treatment e.actl( is applied there#
"n the amendment, the la( does not spea@ of credit. &hether the
person is entitled to credit is immaterial. /he dischar!e of the
offender from preventive imprisonment or detention is predicated
on the fact that even if he (ould be found !uilty of the crime
char!ed, he has practically served the sentence already, because he
has been detained for a period already equal to if not !reater than
the ma)imum penalty that (ould be possibly be imposed on him if
found !uilty.
"f the crime committed is punishable only by destierro, the most
the offender may be held under preventive imprisonment is 1*
days, and (hether the proceedin!s are terminated or not, such
detention prisoner shall be dischar!ed.
>nderstand the amendment made to Article $;. /his amendment
has been incorporated under Rule --2 precisely to do a(ay (ith
arbitrary detention.
Proper petition for habeas corpus must be filed to challen!e the
le!ality of the detention of the prisoner.
--"f the offender has already been released, (hat is the use of
continuin! the proceedin!s=
/he proceedin!s (ill determine (hether the accused is liable or
not. "f he (as criminally liable, it follo(s that he is also civilly
liable. /he civil liability must be determined. /hat is (hy the trial
must !o on.
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CLASSIFICATION OF PENALTIES
4#Principal penalties and accessor( penalties
/he penalties (hich are both principal and accessory penalties are
the follo(in!:
,-. Perpetual or temporary absolute disqualification
,Perpetual or temporary-(e refer to the duration of the
disqualification.
,$. Perpetual or temporary special disqualification. ,special
or absolute- the nature of the disqualification.
"f the penalty of suspension is imposed as an accessory, its duration
shall be that of the principal penalty.
"f the penalty of temporary disqualification is imposed as principal
penalty,the duration is si) years and one day to -$ years.
penalties classified as accessory penalties need not be stated in the
sentence. /he accessory penalties follo( the principal penalty
imposed for the crime as a matter of course.
-----So in the imposition of the sentence, the court (ill specify
only the principal penalty but that is not the only penalty (hich the
offender (ill suffer. Penalties (hich the la( considers as
accessory to the prescribed penalty are automatically imposed even
thou!h they are not stated in the 5ud!ment. As to the particular
penalties that follo( a particular principal penalty, Articles 2* to
23 of the Revised Penal Code shall !overn.
"f as@ed (hat are the accessory penalties, do not 5ust state the
accessory penalties. State the principal penalty and the
correspondin! accessory penalties.
Penalties in (hich other accessory penalties are inherent:
,-. Article 2*. Death - perpetual absolute disqualification,
and civil interdiction durin! 1* years follo(in! date of
sentence+
,$. Article 2-. Reclusion perpetua and reclusion temporal -
civil interdiction for life or durin! the period of the
sentence as the case may be, and perpetual absolute
disqualification+
,1. Article 2$. Prision mayor - temporary absolute
disqualification perpetual special disqualification from
the ri!ht of suffra!e+
,2. Article 21. Prision correccional - suspension from
public office, from the ri!ht to follo( a profession or
callin!, and perpetual special disqualification from the
ri!hts of suffra!e if the duration of said imprisonment
shall e)ceed -0 months.
,3. Article 22. Arresto - suspension of the ri!ht to hold
office and the ri!ht of suffra!e durin! the term of the
sentence.
a convict sentenced to civil interdiction suffers certain
disqualification durin! the term of the sentence. 6ne of the
disqualifications is that of ma@in! a conveyance of his property
inter vivos.
"llustration:
A has been convicted and is servin! the penalty of prision mayor.
&hile servin! sentence, he e)ecuted a deed of sale over his only
parcel of land. A creditor moved to annul the sale on the !round
that the convict is not qualified to e)ecute a deed of conveyance
inter vivos. "f you (ere the 5ud!e, ho( (ould you resolve the
move of the creditor to annul the sale=
Civil interdiction is not an accessory penalty in prision mayor. /he
convict can convey his property.
----Confiscation or forfeiture on the instruments or proceeds of the
crime is the accessory penalty is common to all principal penalties.
)#-i'isi2le and indi'isi2le penalties
&hen (e tal@ of period, it is implyin! that the penalty is divisible.
"f, after bein! !iven a problem, you (ere as@ed to state the period
in (hich the penalty of reclusion perpetua is to be imposed,
remember that (hen the penalty is indivisible, there is no period.
Do not tal@ of period, because (hen you tal@ of period, you are
implyin! that the penalty is divisible because the period referred to
is the minimum, the medium, and the ma)imum. "f it is
indivisible, there is no such thin! as minimum, medium and
ma)imum ,see table..
6#The capital p&nishment
?ou (ere as@ed to state (hether you are in favor or a!ainst capital
punishment. >nderstand that you are not ta@in! the e)amination in
/heolo!y. 8)plain the issue on the basis of social utility of the
penalty. "s it beneficial in deterrin! crimes or not= /his should be
the premise of your reasonin!.
S+!SI-IARY PENALTY
3
not an accessory penalty,it must be e)pressly stated in the sentence,
but the sentence does not specify the period of subsidiary penalty
because it (ill only be @no(n if the convict cannot pay the fine.
/he sentence (ill merely provide that in case of non-payment of
the fine, the convict shall be required to save subsidiary penalty. "t
(ill then be the prison authority (ho (ill compute this.
After under!oin! subsidiary penalty and the convict is already
released from 5ail and his financial circumstances improve, can he
be made to pay=
--?es, for the full amount (ith deduction. if convict has property to
levy upon, the same shall ans(er for the fine, (hether he li@es it or
not. "t must be that the convict is insolvent to pay the fine. /hat
means that the (rit of e)ecution issued a!ainst the property of the
convict, if any, is returned unsatisfied.
"n People v. Subido, it (as held that the convict cannot choose not
to serve, or not to pay the fine and instead serve the subsidiary
penalty. A subsidiary penalty (ill only be served if the sheriff
should return the e)ecution for the fine on the property of the
convict and he does not have the properties to satisfy the (rit.
----"t is clearly provided under Article 1; that if the means of the
convict should improve, even if he has already served subsidiary
penalty, he shall still be required to pay the fine and there is no
deduction for that amount (hich the convict has already served by
(ay of subsidiary penalty.
Article 1; deals (ith subsidiary penalty. /here are t(o situations
there:
,-. &hen there is a principal penalty of imprisonment or
any other principal penalty and it carries (ith it a fine+
and
,$. &hen penalty is only a fine.
/herefore, there shall be no subsidiary penalty for the non-payment
of dama!es to the offended party.
,ENERAL R+LE:The s&2sidiar( penalt( is not an accessor(
penalt( that $ollo%s the principal penalt( as a matter o$ co&rse
So even if subsidiary penalty is proper in a case, if the 5ud!e failed
to state in the sentence that the convict shall be required to suffer
subsidiary penalty in case of insolvency to pay the fine, that
convict cannot be required to suffer the accessory penalty.
/he penalty imposed by the 5ud!e is fine only. /he sheriff then
tried to levy the property of the defendant after it has become final
and e)ecutory, but it (as returned unsatisfied. /he court then
issued an order for said convict to suffer subsidiary penalty. /he
convict (as detained, for (hich reason he filed a petition for
habeas corpus contendin! that his detention is ille!al. &ill the
petition prosper=
?es. /he 5ud!ment became final (ithout statement as to
subsidiary penalty, so that even if the convict has no money or
property to satisfy the fine, he cannot suffer subsidiary penalty
because the latter is not an accessory and so it must be e)pressly
stated,or else such (ould result to double 5eopardy.
---"f the fine is prescribed (ith the penalty of imprisonment or any
deprivation of liberty, such imprisonment should not be hi!her than
si) years or prision correccional. 6ther(ise, there is no subsidiary
penalty.
78EN IS S+!SI-IARY PENALTY APPLIE-
$**% notes:Differentiate Pecuniary Penalties v Pecuniary
iabilities
Cost-char!eable only (hen: ,-.to the accused only in cases of
conviction, ,$.in acquittal, costs are de officio each party bearin!
his o(n e)pense, ,1.no cost a!ainst RP unless la( provides.
Pecuniary iabililities- in case the property of offended should not
be sufficient for payment of all his pecuniary liabilities, the same
shall be met in the follo(in! order: ,-. reparation of the dama!e'
(hich is payable to the offended party , ,$. indemnification of the
consequential dama!es Cpayable also to the offended party,,1. fine
,2.cost of the proceedin!s ,1D2 is payable to the !overnment.
$**% notes: Subsidiary Penalty is the period of imprisonment that a
convict has to serve (hen he is sentenced to a pay a fine and he
cannot pay the fine.
-."f the subsidiary penalty prescribed for the non-payment of fine
(hich !oes (ith the principal penalty, the ma)imum duration of
the subsidiary penalty is one year, so there is no subsidiary penalty
that !oes beyond one year.
---Aut this (ill only be true if the one year period is hi!her than
-<1 of the principal penalty, the convict cannot be made to under!o
subsidiary penalty more than -<1 of the duration of the principal
penalty and in no case (ill it be more than - year - !et -<1 of the
principal penalty - (hichever is lo(er.
$."f the subsidiary penalty is to be imposed for non payment of
fine and the principal penalty imposed be fine only, (hich is a
sin!le penalty, that means it does not !o (ith another principal
penalty, the most that the convict (ill be required to under!o
subsidiary imprisonment is si) months, if the felony committed is
!rave or less !rave, other(ise, if the felony committed is sli!ht, the
ma)imum duration of the subsidiary penalty is only -3 days.
E9CEPTION:
--"f the principal penalty is destierro, this bein! a divisible penalty,
and a penalty (ith a fi)ed duration, the non-payment of the fine
(ill brin! about subsidiary penalty A9D it (ill also be in the form
of destierro.
A convict (as sentenced to suspension and fine. /his is a penalty
(here a public officer anticipates public duties, he entered into the
performance of public office even before he has complied (ith the
required formalities. Suppose the convict cannot pay the fine, may
he be required to under!o subsidiary penalty=
?es, because the penalty of suspension has a fi)ed duration.
>nder Article $7, suspension and destierro have the same duration
as prision correccional. So the duration does not e)ceed si) years.
Since it is a penalty (ith a fi)ed duration under Article 1;, (hen
there is a subsidiary penalty, such shall be -<1 of the period of
suspension (hich in no case beyond one year. Aut the subsidiary
penalty (ill be served not by imprisonment but by continued
suspension.
"f the penalty is public censure and fine even if the public censure
is a li!ht penalty, the convict cannot be required to pay the fine for
subsidiary penalty for the non-payment of the fine because public
censure is a penalty that has no fi)ed duration.
EFFECTS OF PENALTY
4
Art. 1*. 8ffects of the penalties of perpetual or temporary absolute
disqualification. ' /he penalties of perpetual or temporary
absolute disqualification for public office shall produce the
follo(in! effects:
-. /he deprivation of the public offices and employments (hich
the offender may have held even if conferred by popular election.
$. /he deprivation of the ri!ht to vote in any election for any
popular office or to be elected to such office. 1. /he
disqualification for the offices or public employments and for the
e)ercise of any of the ri!hts mentioned.

"n case of temporary disqualification, such disqualification as is
comprised in para!raphs $ and 1 of this article shall last durin! the
term of the sentence.
2. /he loss of all ri!hts to retirement pay or other pension for any
office formerly held.
Art. 1-. 8ffect of the penalties of perpetual or temporary special
disqualification. ' /he penalties of perpetual or temporal special
disqualification for public office, profession or callin! shall
produce the follo(in! effects:
-. /he deprivation of the office, employment, profession or callin!
affected+
$. /he disqualification for holdin! similar offices or employments
either perpetually or durin! the term of the sentence accordin! to
the e)tent of such disqualification.
Art. 1$. 8ffect of the penalties of perpetual or temporary special
disqualification for the e)ercise of the ri!ht of suffra!e. ' /he
perpetual or temporary special disqualification for the e)ercise of
the ri!ht of suffra!e shall deprive the offender perpetually or
durin! the term of the sentence, accordin! to the nature of said
penalty, of the ri!ht to vote in any popular election for any public
office or to be elected to such office. 4oreover, the offender shall
not be permitted to hold any public office durin! the period of his
disqualification.
Art. 11. 8ffects of the penalties of suspension from any public
office, profession or callin!, or the ri!ht of suffra!e. ' /he
suspension from public office, profession or callin!, and the
e)ercise of the ri!ht of suffra!e shall disqualify the offender from
holdin! such office or e)ercisin! such profession or callin! or ri!ht
of suffra!e durin! the term of the sentence.
/he person suspended from holdin! public office shall not hold
another havin! similar functions durin! the period of his
suspension.
Art# 6*# Ci'il interdiction' Civil interdiction shall deprive the
offender durin! the time of his sentence of the
ri!hts of parental authority, or !uardianship,
either as to the person or property of any (ard,
of marital authority, of the ri!ht to mana!e his
property and of the ri!ht to dispose of such
property by any act or any conveyance inter
vivos.
Can a convict e)ecute a last (ill and testament= ?es.
!ond to "eep the peace
/he le!al effect of a failure to post a bond to @eep the peace is
imprisonment either for si) months or 1* days, dependin! on
(hether the felony committed is !rave or less !rave on one hand,
or it is li!ht only on the other hand.
6ne of the principal penalties common to the others is bond to
@eep the peace. /here is no crime under the Revised Penal Code
(hich carries this penalty.
!ond $or good 2eha'ior
le!al effect of failure to post a bond for !ood behavior is not
imprisonment but destierro under Article $02
Aond for !ood behavior is prescribed by the Revised Penal Code
for the crimes of !rave threats and li!ht threats under Article $12.
?ou cannot find this penalty in Article $3 because Article $3 only
provides for bond to @eep the peace

-estierro
/he duration of destierro is from si) months and one day, to si)
year, (hich is the same as that of prision correcional and
suspension.
A principal penalty. "t is a punishment (hereby a convict is
vanished to a certan place and is prohibited form enterin! or
comin! near that place desi!nated in the sentence, not less than $3
Ems.. ,Fo(ever, the court cannot e)tend beyond $3* Ems..
--"f the convict should enter the prohibited places, he commits the
crime of evasion of service of sentence under Article -37.
--Aut if the convict himself (ould !o further from (hich he is
vanished by the court, there is no evasion of sentence because the
$2*-Em. limit is upon the authority of the court in vanishin! the
convict.
>nder the Revised Penal Code, destierro is the penalty imposed in
the follo(in! situations:
,-. &hen a le!ally married person (ho had surprised his or
her spouse in the act of se)ual intercourse (ith another
and (hile in that act or immediately thereafter should
@ill or inflict serious physical in5uries upon the other
spouse, and<or the paramour or mistress.,Article $27..
,-. "n the crime of !rave threat or li!ht threat, (hen the
offender is required to put up a bond for !ood behavior
but failed or refused to do so under Article $02, ,such
convict shall be sentenced to destierro so that he (ould
not be able to carry out his threat..
,1. "n the crime of concubina!e, the penalty prescribed for
the concubine is destierro under Article 112.
,2. &here the penalty prescribed by la( is arresto mayor,
but the offender is entitled privile!ed miti!atin!
circumstance and lo(erin! the prescribed penalty by
one de!ree, the penalty one de!ree lo(er is destierro.
/hus, it shall be the one imposed.
5