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Penalties Which May Be Imposed

This document outlines the different classes and types of penalties that may be imposed according to the Code. It discusses capital punishment and death as the only capital penalty. It identifies afflictive penalties like reclusion perpetua, reclusion temporal, and prision mayor. Correctional penalties include prision correccional and arresto mayor. Light penalties consist of arresto menor and public censure. Accessory penalties that can be imposed include perpetual or temporary absolute disqualification, perpetual or temporary special disqualification, suspension from public office, civil interdiction, indemnification, and forfeiture or confiscation. Penalties are also classified as principal imposed in conviction or accessory deemed included, and according to divisibility, subject-matter

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137 views

Penalties Which May Be Imposed

This document outlines the different classes and types of penalties that may be imposed according to the Code. It discusses capital punishment and death as the only capital penalty. It identifies afflictive penalties like reclusion perpetua, reclusion temporal, and prision mayor. Correctional penalties include prision correccional and arresto mayor. Light penalties consist of arresto menor and public censure. Accessory penalties that can be imposed include perpetual or temporary absolute disqualification, perpetual or temporary special disqualification, suspension from public office, civil interdiction, indemnification, and forfeiture or confiscation. Penalties are also classified as principal imposed in conviction or accessory deemed included, and according to divisibility, subject-matter

Uploaded by

gibson jabiniar
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Penalties Which May Be

Imposed
Art. 25

The penalties which may be imposed according to this Code, and


their different classes, are those included in the following:

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

Light penalties:
- Arresto menor,
- Public censure

Penalties common to the three preceding classes:


:
- Fine, and
- Bond to keep the peace.

SCALE OF ACCESSORY PENALTIES


- Perpetual or temporary absolute disqualification
- Perpetual or temporary special disqualification
- Suspension from public office, the right to vote and be voted
for, the profession or calling.
- Civil interdiction,
- Indemnification,
- Forfeiture or confiscation of instruments and proceeds of
the offense,
- Payment of costs.

MAJOR CLASSIFICATION
1. PRINCIPAL PENALTIES – those expressly imposed by the court
in the judgment of conviction.
2. ACCESSORY PENALTIES – those that are deemed included in
the
imposition of the principal penalties.

Other classifications of penalties:


According to their divisibility:
1. Divisible - those that have fixed duration and are
divisible into three periods.
2. Indivisible - those which have no fixed duration.
- Death
- Reclusion perpetua
- Perpetual absolute or special disqualification
- Public censure
:
According to subject-matter
1. Corporal - (death)
2. Deprivation of freedom - (reclusion, prision, arresto)
3. Restriction of freedom - (destierro)
4. Deprivation of rights - (disqualification and suspension)
5. Pecuniary - (fine)

According to their gravity


1. Capital
2. Afflictive
3. Correctional
4. Light

Note:

Public censure is a penalty,


- thus, it is not proper in acquittal.
- However, the Court in acquitting the accused may criticize
his acts or conduct.

Penalties that are either principal or accessory:


1. Perpetual or temporary absolute disqualification,
2. Perpetual or temporary special disqualification, and
3. Suspension

May be principal or accessory penalties, because they formed in


the 2 general classes.
:

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