PENALTIES
PURPOSE
o Suffering that is inflicted by the State for the
transgression of a law
o In its general sense, signifies pain
o Means suffering undergone, because of the
action of human society, by one who commits a
crime.
DIFFERENT JURIDICAL CONDITIONS OF PENALTY
1. Must be productive of suffering, without
however affecting the integrity of the human
personality
2. Must be commensurate with the offense-
different crimes must be punished with different
penalties.
3. Must be personal- no one must be punished for
the crime of another
4. Must be legal- the consequence of a judgement
according to law
5. Must be certain- no one may escape to its effects
6. Must be equal to all
7. Must be correctional
WHAT IS THE PURPOSE OF THE STATE IN PUNISHING
CRIMES?
o To secure justice, must therefore be exercised by
the State in the service and satisfaction of a duty,
and rest primarily on the rightfulness of the
punishment inflicted.
o Penal justice must therefore be exercised by the
State in the service and satisfaction of a duty,
and rest primarily on the rightfulness of the
punishment
THEORIES JUSTIFYING PENALTY:
P – PREVENTION
S – SELF-DEFENSE
R – REFORMATION
E – EXEMPLARITY
J – JUSTICE
THE PENALTY UNDER THIS CODE HAS THREE FOLD
R – RETRIBUTION OR EXPIATION
C – CORRECTION OR REFORMATION
S – SOCIAL DEFENSE
ARTICLE 21
Penalty that may be imposed – No felony shall be
punishable by any penalty not prescribe by law prior to
its commission.
o Generally prohibits the government from
punishing any person for a felony with any
penalty which has not been prescribed by law.
o Can only be invoked when a person is being tried
for an act or omission for which no penalty has
been prescribed by law.
o It is not a penal provision. It simply announces
the policy of the Government with reference to
the punishment of alleged criminal acts.
o No person shall be subject to criminal
prosecution for any act of his until the State has
defined the crime and has fixed a penalty
therefore. ( US V. Parrone)
REASON FOR THS PROVISION
o An act or omission cannot be punished by the
State if at the time committed there is no law
prohibiting it.( maxim: nullum crimen sine lege)
SUBSIDIARY PENALTY FOR A CRIME CANNOT BE
IMPOSED, IF IT WAS NOT PRESCRIBED BY LAW PRIOR TO
ITS COMMISSION ( US V. Macasaet)
ARTICLE 22
Retoactive effect of penal laws – Penal laws shall
have retroactive effect insofar as the favour the
person guilty of 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.
o It can only be invoked where same former or
subsequent law is under consideration.
 1. To penal laws existing prior to the R.P.C.,
in which the penalty was less severe
than those of the code.
2. The law enacted subsequent to the
R.P.C., in which the penalty is more
favourable to the accused.
o General rule is to give criminal laws prospective
effect
o Exception –
a) To give retroactive effect when
favourable to the accused
b) Applies to a law dealing with
prescription of crime.
o Applies to a law dealing with prescription of an
offense which is intimately connected with that
of the penalty, for the length of time for
prescription depends upon the gravity of the
offense. ( People V. Moran)
o Giving a law retroactive effect, if unfavourable to
accused will violate the constitutional inhibition
as to ex post facto laws.
o An act which when committed was not a crime,
cannot be made so by statute without violating
the constitutional inhibition as to ex post facto
laws.
EX POST FACTO LAW
1. Makes criminal an act done before the passage
of the law and which was innocent when done,
and punishes such an act
2. Aggravates a crime, or makes it greater than it
was, when committed
3. Changes the punishment and inflicts a greater
punishment than the law annexed to the crime
committed
4. Alter the legal rules of evidence, and authorizes
conviction upon less or different testimony than
the law required at the time of the commission
of the offense
5. Assuming to regulate civil right and remedies
only, in effect imposes penalty or deprivation of
a right for something which when done was
lawful
6. Deprives a person accused of a crime of some
lawful protection for a former conviction or
acquittal, or a proclamation of amnesty.
o Article 22 that penal laws shall have a retroactive
effect insofar as they favour the guilty of a felony
is applicable even if the accused is already
serving sentence. (Escalante V. Santos)
Favorable retroactive effect of a new law-
1. The crime has been committed and
prosecution begins
2. Sentence has been passed but service
has not begun
3. The sentence is being carried out.
o NOT APPLICABLE TO CIVIL LIABILITY
o Habitual delinquent, is not entitled to the benefit
of the provisions of the new favourable statute
(People V. Alcaraz)
o Criminal laws have retroactive effect when
favourable to the accused has no application
where the new law is expressly made
inapplicable to pending actions or existing
causes of action ( Tavera V. Valdez)
o Retroactive effect may be given to Speial laws
which provide more favourable conditions to the
accused ( US V. Soliman)
o Criminal liability under the former law is
obliterated when repeal is absolute. ( People v
Tamayo)
o Criminal Liability under the repealed law
subsists:
1. The provisions of the former law are re-
enacted.
2. The repeal is by implication
3. There is a saving clause.
o No retroactive effect of penal laws as regards
jurisdiction of court.
The Jurisdiction of a court to try a criminal action
is to be determined by the law in force at the
time of instituting the action, not at the time of
the commission of the crime. (People V.
Romualdo)
ARTICLE 23
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 liability with regards to the interest of the
injured party is extinguished by his express waiver,
 o A pardon by the offended party does not
extinguish criminal action.
A crime committed is an offense against the
State. In criminal cases, the intervention of
the aggrieved partied is limited to being
witnesses for the prosecution. (People V.
Despavellador)
o Only the Chief Executive can pardon the
offenders ( Art 36)
o In crimes of seduction, abduction, rape or act
of lasciviousness, there shall be no criminal
prosecution if the offender has been
expressly pardoned by the offended party.
The pardon must be express.
o Pardon under article 344 is only a bar to
criminal prosecution. (does not extinguish
criminal liability)
o Civil liability with regard to the interest of the
injured party is extinguished by his express
waiver.
Two classes of injuries:
1. Social injury (disturbance and alarm)
2. Personal injury ( to property, honor,
chastity)
o The waiver must be express.
o They are not penalties, because they are not
imposed as a result of judicial proceedings.
o Par. 1, 3, and 4 are merely preventive measures
before conviction of offenders.
ARTICLE 25
Penalties which may be imposed. – The penalties
which may be imposed, according to this Code, and their
different classes, are thos included in the following:
SCALE
PRINCIPAL PENALTIES
Capital Punishment:
Death (abolished already)
Afflictive Penalties:
Reclusion perpetua (capital punishment)
Reclusion Temporal
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Prision mayor

ARTICLE 24

Measures of prevention or safety which are not Correctional Penalties:

considered penalties. – The following shall not be Prision correctional
considered as penalties.
Arresto mayor
1. The arrest and temporary detention of the
accused persons, as well as their detention by Suspesion
reason of insanity or imbecility, or illness Destierro
requiring their confinement in the hospital.
2. The commitment of a minor to any of the
insitutions mentioned in Article 80 and for the
Light Penalties:
purposes specified therein.
3. Suspension from the employment or public office Arresto menor
during the trial or in order to institute
Public censure
proceedings.
4. Fines and other corrective measure which, in the
exercise of their administration or disciplinary
powers, superior officials may impose upon their Penalties common to the three preceding classes:
subordinates. Fine, and
5. Deprivation of rights and the reparation which
the civil law may establish in penal form. Bond to keep the peace.
ACCESSORY PENALTIES Classification of penalties according to subject-matter:

Perpetual or temporary absolute disqualification 1. Corporal (death)

2. Deprivation of freedom (reclusion, prision,
Perpetaul or temporary special discualification
arresto)
Suspension from public office, the right to vote and be 3. Restriction of freedom (destierro)
voted for, the profession or calling 4. Deprivation of rights (disqualification and
suspension)
Civil interdiction 5. Pecuniary (fine)
Indemnification Classification of penalties according to their gravity:
Forfeiture or confiscation of instruments and proceeds of 1. Capital
the offense 2. Afflictive
Payment of cost. 3. Correctional
4. Light
o Under R.A no. 7659, the duration of
Reclusion Perpetua is now from 20 years and
one day to 40 years. o Public Censure is a penalty.
o RA No. 9346 signed June 24, 2006 prohibited o Perpetual or temporary absolute
the imposition of the death penalty disqualification, perpetual or temporary special
o This article classifies penalties into: disqualification, and suspension may be principal
1. Principal penalties - those expressly or accessory penalties, because they are formed
imposed by the court in the in the two general classes.
judgement of conviction
2. Accessory penalties – those that are ARTICLE 26
deemed included in the imposition
Fine – When afflictive, correctional, or light penalty.
of the principal penalties.
– A fine, whether imposed as a single or as an
The Principal Penalties may be classified: alternative penalty, shall be considered an afflictive
penalty, if it exceeds 6,000 pesos; a correctional
According to their divisibility. penalty, if it does not 6,000 pesos but is not less than
1. Divisible 200 pesos; and a light penalty, if it be less than 200
2. Indivisible pesos.

Indivisible penalties are those which

have no fixed duration. Bond to keep
The indivisible penalties are: Penalties Fine is : the peace is
by analogy:
1. Death
2. Reclusion perpetua Afflictive Over 1.2M Over 1.2M
3. Perpetual absolute or special
disqualification.
4. Public Censure Correctional 40K to 1.2M 40K to 1.2M

Divisible penalties are those that have

fixed duration and are divisible into Light Felony Less than 40K Less than 40K
three periods.
ARTICLE 27

Reclusion perpetua. – The penalty of reclusion perpetua
shall be from twenty years and one day to forty years.
Reclusion temporal. – The penalty of reclusion temporal
shall be from twelve years and one day to twenty years.
Prision mayor and temporary disqualification. – The
duration of the penalties of prision mayor and temporary
disqualification shall be from six years and one day to
twelve years, except when penalty of disqualification is
imposed as an accessory penalty, in which case, it
duration shall be that of the principal penalty.
Prision correctional, suspension, and destierro. – The
duration of the penalties of pision correctional,
suspension, and destierro shall be from six month and
one day to six years, except when suspension is imposed
as an accessory penalty, in which case, its duration shall
be that of the principal penalty.
Arresto mayor. – The duration of the penalty of arresto
mayor shall be from one month and one day to six
months.
Arresto menor. – The duration of the penalty of arresto
menor shall be from one day to thirty days.
o What cases is destierro imposed?
1. Serious physical injuries or death under
exceptional circumstances (Art. 247)
2. Failure to give bond for good behaviour
(Art. 284)
3. Penalty for the concubine in
concubinage. (Art. 334)
4. After reducing the penalty by one or
more degrees destierro is the proper
penalty.
ARTICLE 28
Computation of penalties. – If the offender shall be in
prison, the term of the duration of the temporary
penalties shall be computed from the day on which the
judgement of conviction shall have become final.
If the offender be not in prison, the term of the duration
of the penalty consisting of deprivation of liberty shall be
computed from the day that the offender is placed at the
disposal of the judicial authorities for the enforcement of
the penalty. The duration of the other penalties shall be
computed only from the day on which the defendant
commences to serve his sentence.

Bonds to keep the peace. – The bond to keep the peace o Rules for the computation of penalties.
shall be required to cover such period of time as the court Duration of temporary
may determine. (As amended by R.A. No. 7659, approved When the offender is in penalties is from the day
on December 13, 1993) prison. on which the judgement
of conviction becomes
final
PENALTY YEARS Duration of penalty
20 YRS. & 1 DAY TO 40 YRS. consisting in deprivation
RECLUSION PERPETUA When the offender is not of liberty, is from the day
in prison that the offender placed
12 YRS. & 1 DAY TO 20 YRS. at the disposal of judicial
RECLUSION TEMPORAL authorities for the
PRISION MAYOR AND enforcement of the
TEMPORARY 6 YRS. & 1 DAY TO 12 YRS. penalty.
DISQUALIFICATION Duration of other Duration is from the day
PRISION CORRECCIONAL, penalties on which the offender
SUSPENSION AND 6 MOS. & 1 DAY TO 6 YRS. commences to serve his
DESTIERRO sentence.

ARRESTO MAYOR 1 MO. & 1 DAY TO 6 MOS.

ARRESTO MENOR 1 DAY TO 30 DAYS

Period during which the
BOND TO KEEP THE PEACE bond shall be effective is
discretionary on the court
 o Temporary penalties
1. Temporary absolute qualification
2. Temporary special qualification
3. Suspension
If offender is under detention, rule 1 applies
If not under detention, released on bail, rule 3
applies.
o Penalties consisting in deprivation of liberty
1. Improsonment
2. Destierro
If the offender is not in prison, rule 2 applies.
ARTICLE 29
Period of preventive imprisonment deducted from term
of imprisonment. – Offenders or accused who have
undergone preventive imprisonment shall be credited in
the service of their sentence consisting of deprivation of
liberty, with the full time during which they have
undergone preventive imprisonment if the detention
prisoner agrees voluntarily in writing aafter being
informed of the effects thereof and with the assistance of
counsel to abide by the same disciplinary rules imposed
upon convicted prisoners, except in the following cases:
1. When they are recidivist, 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 do so in writing with the assistance of
a counsel and shall be credited in the service of his
sentence with four-fifths of the time during which he has
undergone preventive imprisonment.
Credit for preventive imprisonment for the penalty of
reclusion perpetua shall be deducted from thirty (30)
years.
Whenever the accused has undergone preventive
imprisonment for a period equal to 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 prejudice to the
continuation of the trial thereof or the proceeding on
appeal, if the same is under review. Computation of
preventive imprisonment for purposes of immediate
release under this paragraph shall be actual period of
detention with good conduct time allowance: Provided,
however, That if the accused is absent without justifiable
cause at any stage of the trial, the court may motu
proprio order the rearrest of the accused: Provided,
finally, That recidivist, habitual deliquents, escapees and
person charged with heinous crimes are excluded from
the coverage of this act. In case the maximum penalty to
which the accused may be sentenced is destierro, he shall
be released after thirthy (30) days of preventive
imprisonment. (As amended by R.A. Nos. 10592 and
6127, and E.O. No. 214)
o Preventive Imprisonment when the offense
charges is non-bailable, or even if bailable, but
the offender cannot furnish the requied bail.
o Offenders not entitled to the full time or four-
fifths of the time of preventice imprisonment.
1. Recidivist
2. Upon being summoned for the execution of
their sentence, failed to surrender
voluntarily
3. Habitual deliquents
4. Escapees
5. Person charged with heinous crimes
ARTICLE 30
Effects of the penalties of perpetual or temporary
absolute disqualification. – The penalties of perpetual or
temporary absolute disqualification for public office shall
produce the following effects:
1. The deprivation of the publice offices and
employments which the offender may have
held, even if conferred by popular election.
2. The deprivation of the right to vote in any
election for any popular elective office or to
be elected to such office.
3. The disqualification for the offices or public
employments and for the exercise of any of
the rights mentioned.
In the case of temporary disqualification,
such disqualification as is comprised in
paragraph 2 and 3 of this Article shall last
during the term of the sentence.
4. The loss of all righs to retirement pay or other
pension for any office formerly held.
ARTICLE 31
Effects f the penalties of perpetual or temporary special
disqualification. – The penalties of perpetual or
temporary special disqualification for public office,
profession, or calling shal produce the following effects:
1. The deprivation of the office, employment,
profession or calling affected.
2. The disqualification for holding similar
offices or employments either perpetually or
during the term of the sentence, according to
the extent of such disqualification.
ARTICLE 32
Effects of the penalties of perpetual or temporary special
disqualification for the exercise of the right of suffrage. –
The perpetual or temporary special disqualification for
the exercise of the right of suffrage shall deprive the
offender perpertually or during the term of the sentence,
according to the nature of said penalty, of the right to
vote in any popular election for any public office or to be
elected to such office. Moreover, the offender shall not be
permitted to hold any public office during the period of
his disqualification.
ARTICLE 33
Effects of the penalties of suspension from any public
office, profession, or calling, or the right of suffrage. – The
suspension from public office, profession, or calling, and
the exercise of the right of suffrage shall disqualify the
offender from such office or exercising such profession or
calling or right of suffrage during the term of the
sentence.
The person suspened from holding public office shall not
hold another having similar function during the period of
his suspension.
ARTICLE 34
Civil interdiction. – Civil interdiction shall deprive the
offender during the time of his sentence of the rights of
parental authority, or guardship, either as to the person
or property of any ward, of marital authority, of the right
to manage his property, and of the right to dispose of
such property by an act or any conveyance inter vivos.
ARTICLE 35
Effects of bond to keep the peace. – It shall be the duty of
any person sentenced to give bond to keep the peace, to
present two sufficient sureties who shall undertake that
such person will not commit the offense sought to be
prevented, and that in case such offense be committed
they will pay the amount determined by the court in its
judgement, or otherwise to deposit such amount in the
office of the clerk of the court to guarantee said
undertaking.
The court shall determin, according to its discretion, the
period of duration of the bond.
Should the person sentenced fail to give the bond as
required he shall be detained for a period which shall in
no case exceed six months, if he shall have been
prosecuted for a grave or less grave felony, and shall not
exceed thirty days, if for a light felony.
ARTICLE 36
Pardon; its effects. – A pardon shall not work the
restoration of the right to hold public office, or the right
of suffrage, unless such rights be expressly restored by
the terms of the pardon.
A pardon shall in no case exempt the culprit from the
payment of the civil indemnity impose upon him by the
sentence.
o Effects of the pardon by President.
1. A Pardon shall not restore the right to hold
public office or the right of suffrage.
Exception: When any or both rights are
expressly restored by the terms of the
pardon.
2. Shall no exempt the culprit from the
payment of the civil indemnity.
o Limitation upon the exercise of the pardoning
power
1. Can be exercise only after conviction (sec 19
of article VII of 1987 constitution)
2. Does not extend to cases of impeachment.
(Cristobal V. Labrador)
o Only effect of the principal penalty is extinguish,
but not the accessory penalties attached to it.
 o Pardon by the Chief Executive distinguish from personal liability at the rate of one day for each amount
pardon by offended party. equivalent to the highest minimum wage rate prevailing
in the Philippines at the time of the rendition of
CHIEF EXECUTIVE OFFENDED PARTY judgement of conviction by trial court, subject to the
Extinguishes the criminal Not applicable following rules:
liability
Cannot include civil Can waive the civil liability 1. If the principal penalty imposed be prision
liability which the offender must correctional or arresto and fine, he shall remain
pay. under confinement until his fine referred in the
Pardon granted after Pardon granted after preceding paragraph is satisfied, but his
conviction conviction subsidiary imprisonment shall not exceed one-
third of the term of the sentence, and in no case
shall it continue for more than one year, and no
ARTICLE 37
fraction or part of a day shall be counted against
Costs – What are included. – Costs shall include fees and the prisoner.
indemnities in the course of the judicial proceedings, 2. When the principal penalty imposed be only a
whether they be fixed or unalterable amounts previously fine, the subsidiary imprisonment shall not
determined by law or regulations in force, or amounts not exceed six months, if the culprit shall have been
subject not to schedule. prosecuted for a grave or less grave felony,and
shall not exceedfifteen days, if for a light felony.
o Included in cost: 3. When the principal penalty imposed is higher
1. Fees than prision correctional, no subsidiary
2. Indemnities, in the course of judicial imprisonment shall be imposed upon the culprit.
proceedings 4. If the principal penalty impose is not to be
o Cost are expenses of litigation are chargeable to executed by confinement in penal institution, but
the accused only when in cases of conviction. such penaltyis of fixed duration, the convict,
o The payment of the cost is a matter that rest during the period of time established in the
entirely upon the discretion of courts. preceding rules, shall continue to suffer the same
ARTICLE 38 deprivations as those of which the principal
penalty consists.
Pecuniary Liabilities – Order of payment. – In case that 5. The subsidiary personal liability which the convict
property of the offender should not be sufficient for the may have suffered by reason of his insolvency
payment of all his pecuniary liabilities, the same shall be shall not relieve him from the fine in case his
met in the following order: financial circumstances should improve. (As
1. The reparation of the damage caused. amended by Repiblic Act Nos. 10159 and 5465)
2. Indemnification of the consequential damages
3. The fine. o An accused cannot be made to undergo
4. The costs of the proceedings. subsidiary imprisonment in case of insolvency to
pay the fine imposed upom him when the
subsidiary imprisonment is not imposed in the
judgement of conviction. (Ramos V. Gonong)
o When applicable?
o No subsidiary penalty for non payment of :
In case the property of the offender should not
1. Reparation of damage caused.
be sufficient for the payment of all his pecuniary
2. Indemnification of the consequential
liabilities.
damages
ARTICLE 39 3. Cost of the proceedings
o A fine, whethe imposed as a single or as an
Subsidiary Penalty. – If the convict has no property with
alternative penalty, should not and cannot be
which to meet the fine mentioned in paragraph 3 of the
reduced or converted into a prison term. There
next preceding article he shall be subject to a subsidiary
is no rule for transmutation of the amount of a
 time into a term of imprisonment. (People V.
Dacuycuy)
o Subsidiary imprisonment is not an accessory
penalty.
o Rules as to subsidiary imprisonment

Prision correccional or Shall not exceed 1/3 of

arresto and fine the term of sentence. And
not more than 1 year.
Shall not exceed 6 mos.
Fine only If cuprit prosecuted with
grave or less grave felony,
not exceed 15 days.
Higher than prision No subsidiary
correccional imprisonment
Consists in the same
deprivation as those of
Fixed duration the principal penalty,
under sane rules un 1,2,
and 3 above
Financial circumstance of
the convict improved Shall pay the fine

o The penalty imposed must be prision

correccional, arresto menor, suspension,
destierro, or fine only. If the penalty is not one of
them, subsidiary penalty cannot be imposed.
o There is no subsidiary penalty when the penalty
imposed by the court is prision mayor, reclusion
temporal, reclusion perpetua.
o No subsidiary penalty in the following cases: