PENALTIES DURATION AND EFFECT

IMPOSABLE PENALTIES Scale of Principal Penalties (Art. 25, RPC)

1. Capital Punishment:
a. Death
Prescribed Penalty Imposable Penalty Penalty Actually 2. Afflictive Penalties
a. Reclusion perpetua
Imposed
b. Reclusion temporal
As to Definition c. Perpetual or temporary absolute disqualification
An initial penalty as a Penalty after the attending or A single fixed d. Perpetual or temporary special disqualification
general prescription modifyingcircumstances have penalty (also called e. Prision mayor
for the felonies been appreciated a straight penalty) 3. Correctional Penalties
defined therein which chosen by the court a. Prisioncorreccional
consists of a range of b. Arresto mayor
period of time. c. Suspension
d. Destierro
4. Light Penalties
a. Arrestomenor
CLASSIFICATION PENALTIES
b. Public censure
5. Penalties Common to the Three Preceeding Classes
a. Fine
Major Classification b. Bond to keep the peace
1. Principal Penalties - Those expressly imposed by the court in the Scale of Accessory Penalties
judgment ofconviction. 1. Perpetual or temporary absolute disqualification
2. Accessory Penalties - Those that aredeemed included in the imposition of 2. Perpetual or temporary special disqualification
theprincipal penalties. 3. Suspension from public office, the right to vote and be voted for, the
profession or calling
Either Principal or Accessory 4. Civil interdiction
5. Indemnification
The following may be principal or accessory penalties, because they 6. Forfeiture or confiscation of instruments and proceeds of the offense
are forms in the 2 general classes: 7. Payment of costs
A Perpetual or temporary absolute disqualification
B Perpetual or temporary special disqualification
Suspension PENALTIES COMMON TO AFFLICTIVE, CORRECTIONAL, AND
LIGHT PENALTIES
3. Subsidiary Penalties - Those imposed in lieu of principal penalties, i.e.,
imprisonment in case of inability to pay the fine. 1. Fine

Other Classifications Classification of Penalties

1. According to Divisibility (Art. 26, RPC, as amended by Sec. 2, RA 10951)
a. Divisible- Those that have fixed duration and can be Afflictive More than P1,200,000
divided into three periods: minimum, medium, maximum. Correctional P40,000 to P1,200,000
i. Reclusion temporal Light Below P40,000
ii. Prision mayor Classification of Penalty
iii. Prisioncorreccional Art. 26 merely classifies fine and has nothing to do with the definition of offenses. Hence,
iv. Suspension Art. 9 should prevail over Art. 26 where the prescription of a crime and not the
v. Destierro prescription of a penalty is the question.
vi. Arresto mayor
vii. Arrestomenor Rules in Fines
1. The court can fix any amount of the fine within the limits established by
b. Indivisible- Those that have no fixed duration. law but must consider:
i. Death a. Mitigating and aggravating circumstances
ii. Reclusion perpetua b. Wealth or means of the culprit (Art. 66, RPC)
iii. Perpetual absolute/special disqualification 2. When the law does not fix its minimum – thedetermination of the amount
iv. Public censure of is left to the sound discretion of the court, provided within the
maximum authorized by law.
2. According to Subject-Matter
a. Corporal - Death. 3. Fines are NOT divisible
b. Deprivation of freedom - Reclusion,prision, arresto.
c. Restriction of freedom - Destierro. Increasing or Reducing Fine
d. Deprivation of Rights - Disqualification,suspension. Fines are graduated into degrees when imposing them upon accomplices and accessories
e. Pecuniary - Fine. or in principals infrustrated/attempted felonies(Arts. 50-57,RPC).

3. According to Gravity(Art. 9, 25, and 26, RPC) If it is necessary to increase/reduce the penalty of fine by 1 or more degrees it shall be
a. Capital increased/reduced respectively or each degree by one-fourth (1⁄4) of the maximum
b. Afflictive prescribed amount by law without changing the minimum. This shall also be observed
c. Correctional with fines that are made proportional(Art. 75, RPC).
d. Light
This does not apply when there is no minimum amount fixed by law, in which case the
Q: a. State the two classes of penalties under the Revised Penal Code. Define each. b. amount imposed is left to the sound discretion of the courts.
May censure be included in a sentence of acquittal? (1988 BAR)
A: 2. Bond to Keep the Peace(Art. 35, RPC)
a. The two classes of penalties under Article 25 of the RPC are as follows: Effect of Penalty, It shall be the duty of any person sentenced to give bond to keep the
1. Principal – A principal penalty is defined as that provided for a felony and which peace:
is imposed by court expressly upon conviction. 1. Offender must present 2 sureties whoshall undertake that the offender will
2. Accessory – An accessory penalty is defined as that deemed included in the not commit the offense sought to be prevented and that they will pay a
imposition of the principal penalty. court-determined amount if said offense be committed.
2. Offender must deposit amount to the clerk of court.
b. Censure may not be included in a sentence of acquittal because a censure is a penalty. 3. Offendermustbedetainedifhecannotgive the bond.
Censure is repugnant and is essentially inconsistent and contrary to an acquittal. (People a. Grave/less grave felonies - not more than 6 months
v. Abellera, 69 Phil 623) b. Light penalties - not more than 30 days(Art. 35, RPC)
Duration
Q: Imagine that you are a Judge trying a case, and based on the evidence presented and The bond to keep the peace shall be required to cover such period of time as the court
the applicable law, you have decided on the guilt of two (2) accused. Indicate the five (5) may determine(Art. 27, RPC)
steps you would follow to determine the exact penalty to be imposed. Stated differently,
what are the factors you must consider to arrive at the correct penalty? (1991 BAR) Applicability
A: GR: Since according to Art. 21 no felony shall be punishable by any penalty not
1. Determine the crime committed; prescribed by law prior to its commission, and bond to keep the peace is not specifically
2. Stage of execution and degree of participation; provided for by the Code for any felony, that penalty cannot be imposed by the court.
3. Determine the penalty XPN: Bond to keep the peace is required of a person making a grave or light threat(Art.
4. Consider the modifying circumstances; 284, RPC)
5. Determine whether Indeterminate Sentence Law is applicable or not.

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Penalties Involving Death/ Imprisonment (Deprivation of Freedom) Penalties Involving Deprivation of Rights

Penalty Duration Accessories Penalty Duration Effects

Capital Punishment Afflictive Penalties
Death Indivisible Perpetual Absolute For life 1. Deprivation of public
Death, when not Indivisible 1. Perpetual absolute Disqualification office, even if by
executed due to disqualification; election
pardon or and 2. Deprivation of right to
commutation 2. Civil interdiction for vote & be voted for
(REPEALED) 30 years, if not 3. Disqualification from
expressly public office held
remitted in the 4. Loss of retirement rights
pardon (Art. 40, (Art. 30, RPC)
RPC) Temporary 6 years & 1 day to 1. Deprivation of public
Afflictive Penalties Absolute 12 years except office, even if by
Reclusion Perpetua 20 years & 1 day to 1. Civil interdiction for Disqualification when election
40 years life or during the disqualification 2. Deprivation of right to
(Indivisible) (Art. period of the sentence penalty is imposed vote & be voted for
27, RPC) as the case may be as an accessory 3. Disqualification from
2. Perpetual Absolute penalty, in which public office held
Disqualification which case its duration 4. Loss of retirement rights
the offender shall shall be that of the (Art. 30, RPC)
suffer even though principal penalty.
pardoned as to the (Art. 27, RPC)
principal penalty, Perpetual Special For life 1. Deprivation of office,
unless the same shall Disqualification employment,
have been expressly profession, or calling
remitted in the pardon affected
(Art. 41, RPC). 2. Disqualification from
Reclusion Temporal 12 years & 1 day to 1. Civil interdiction for similar offices or
20 years (Art. 27, life or during the employments (Art. 31,
RPC) period of the sentence RPC)
as the case may be. 3. Right to suffrage (vote in
2. Perpetual Absolute any popular election for
Disqualification which public office or be
the offender shall elected to such office)
suffer even though (Art. 32, RPC)
pardoned as to the Temporary Special 6 years & 1 day to 1. Deprivation of office,
principal penalty, Disqualification 12 years except employment,
unless the same shall when profession, or calling
have been expressly disqualification affected
remitted in the pardon. penalty is imposed 2. Disqualification from
(Art. 41, RPC) as an accessory similar offices or
Prision Mayor 6 years & 1 day to 1. Temporary Absolute penalty, in which employments (Art. 31,
12 years (Art. 27, Disqualification case its duration RPC)
RPC) 2. Perpetual Special shall be that of the 3. Right to suffrage (vote in
Disqualification principal penalty. any popular election for
from the right to (Art. 27, RPC) public office or be
suffrage which the elected to such office)
offender shall (Art. 32, RPC)
suffer although Correctional Penalties
pardoned as to the Suspension 6 years & 1 day to 1. Public office
principal penalty 12 years except 2. Profession or calling
unless the same when 3. Suffrage (Art. 33, RPC)
shall have been disqualification
expressly remitted penalty is imposed
in the pardon. as an accessory
(Art. 42, RPC) penalty, in which
Correctional Penalties case its duration
Prision Correctional 6 months & 1 day to 1. Suspension from shall be that of the
6 years (Art. 27, public office principal penalty.
RPC) 2. Suspension from the (Art. 27, RPC)
right to follow a Destierro 6 months & 1 day Prohibition to enter within 25-250 km
profession or calling to 6 years(Art. 27, radius from the designated place (Art
3. Perpetual Special RPC) 87, RPC)
Disqualification for the
right of suffrage, if the
duration of the
imprisonment shall
exceed 18 months (Art.
43, RPC).
Arresto Mayor 1 months & 1 day to 1. Suspension of right to
6 months (Art. 27, hold office
RPC) 2. Suspension of the right
of suffrage during the
term of the sentence
(Art. 44, RPC)
Light Penalties
ArrestoMenor 1 day to 30 days 1. Suspension of right to
(Art. 27, RPC) hold office
2. Suspension of the right
of suffrage during the
term of the sentence
(Art. 44, RPC)

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APPLICATION OF PENALTIES

i. SUBSIDIARY IMPRISONMENT ii. INCLUDE: INDETERMINATE SENTENCE LAW

It is personal liability to be suffered by the convict who has no property with which to Purpose
meet the fine at the rate of 1 day for each amount equivalent to the highest minimum The law is intended to favor the defendant, particularly to shorten his term of
wage rate prevailing in the Philippines at the time of therendition of judgment of imprisonment, depending upon his behavior and his physical, mental, and moral record as
conviction by the trial court, subject to the rules provided for in Article 39. a prisoner, to be determined by the Board of Indeterminate Sentence.

Why “Indeterminate Sentence”

Nature After serving the minimum, the convict may be released on parole, OR if he is not fitted
for release, he shall continue serving his sentence until the end of the maximum.
It is NOT an accessory penalty. Therefore, the culprit cannot be made to go subsidiary
imprisonment unless the judgment expressly so provides. Mandatory
Application of ISLAW is mandatory because the law employs the phrases ―convicts shall
Accordingly, an accused cannot be made to undergo subsidiary imprisonment in case of be sentenced‖ and ―the court shall sentence the accused to an indeterminate sentence.‖
insolvency to pay the fine imposed upon him when the subsidiary imprisonment is not
imposed in the judgment of conviction. Applicability
GR: Applicable to those sentenced with imprisonment exceeding 1 year.
Rules as to Subsidiary Imprisonment (Art. 39, RPC)
Application of the law is based on thepenalty actually imposed. Hence, in a case
Penalty Imposed Duration of Subsidiary Imprisonment where the court imposes a penalty of prisióncorreccional minimum (6 months and 1 day),
Prision correctional or arresto; Shall NOT exceed 1/3 of the term of the sentence ISLAW does not apply.
and fine and shall NOT continue for more than 1 year.
XPNs:
Fraction or part of a day not counted. 1. Not applicable when unfavorable to the accused
Fine Only Grave or less grave felony: Shall NOT exceed 6 2. The following are excluded from coverage: (Sec. 2, ISLAW)
month. a. Convicted of piracy
b. Habitual delinquents (but applies torecidivists)
Light felony: Shall NOT exceed 15 days. c. Convicted of offenses punished withdeath penalty or life
Higher than No subsidiary imprisonment imprisonment.
prisioncorrecctional
However, when there are 2 mitigating circumstances,
Penalty not to be executed by Same deprivations as those of the principal penalty,
despite the offense being punishable by reclusion
confinement, but of fixed under the same rules as in the first 3 cases above.
temporal to death, ISLAW applies.
duration
In case financial circumstances Convict shall pay the fine, notwithstanding fact that
d. Those who shall have escaped from confinement or evaded
of the convict should improve he suffered subsidiary personal liability therefor.
service of sentence
e. Those whose maximum term of imprisonment does not
*Art. 39. Subsidiary penalty.- If the convict has no property with which exceed one year
to meet the fine mentioned in Par. 3 of the next preceding article, he shall f. Those sentenced to the penalty of Destierro or Suspension
be subject to a subsidiary personal liability at the rate of one day for g. Convicted of misprision of Treason, Rebellion, Espionage,
each amount equivalent to the highest minimum wage rate prevailing in Sedition
the Philippines at the time of the rendition of judgment by conviction by h. Convicted of Treason, conspiracy or proposal to commit
the trial court, subject to the following rules: treason
i. Those who violated the terms of conditional pardon granted
1. If the principal penalty imposes be prisioncorreccional or arresto to them by the Chief Executive
and fine, he shall remain under confinement until his fine referred j. Those who had been sentenced by final judgment at the
in the preceding par. is satisfied, but his subsidiary imprisonment time of the approval of this law (NOTE: ISLAW was
shall not exceed one-third of the term of the sentence, and in no approved on June 19, 1965)
case shall it continue for more than 1 year, and no fraction or part
of a day shall be counted against the prisoner. Maximum and Minimum Terms
2. When the principal penalty imposed be only a fine, the subsidiary
imprisonment shall not exceed six months, if the culprit shall have
Law Maximum Term Minimum Term
been prosecuted for a grave or less grave felony, and shall not
RPC Penalty which could be properly Court’s discretion, provided
exceed fifteen days, if for a light felony.
imposed under the rules of the that the minimum term is
3. When the principal penalty imposed is higher than prision
RPC, in view of the attending anywhere within the range of
correctional, no subsidiary imprisonment shall be imposed upon
circumstances. the penalty next lower to that
the culprit.
prescribed by the RPC for the
4. If the principal penalty imposed is not to be executed by
Basis: Imposable penalty (after offense, without regard to its 3
confinementin a penal institution, but such penalty is of fixed
considering mitigating or periods(Sec. 1, ISLAW).
duration, the convict, during the period of time established in the
aggravating circumstances) (Sec.
preceding rules, shall continue to suffer the same deprivation as
1, ISLAW) Basis: Prescribed penalty, not
those of which the principal penalty consists.
the imposable penalty.
5. The subsidiary personal liability which the convict may have
suffered by reason of his insolvency shall not relieve him from the Special Law Maximum term shall not exceed Minimum term shall not be less
fine in case his financial circumstances should improve. the maximum fixed by the special than minimum specified by the
law. (Sec. 1, ISLAW) law.
Not an Alternative
A convict—who has property (a) not exempt from execution and (b) sufficient enough to Presence of attending XPN: When the special law
meet the fine—CANNOT choose to serve the subsidiary penalty. circumstances does NOT affect adopts the technical
the imposition of the penalty. nomenclature and signification
When Not Applicable of penalties under RPC,
1. When the penalty imposed is higher than prisióncorreccional(Art. 39, par. XPN: When the special lawadopts indeterminate sentence is based
3, RPC) the technical nomenclature and on rule intended for crimes
2. For failure to pay the reparation of the damage caused, indemnification of signification of penalties under punishable by RPC.
the consequential damages, and the costs of the proceedings RPC, indeterminate sentence is
3. When the penalty imposed is a fine and a penalty not to be executed by based on rule intended for crimes
confinement in a penal institution and which has no fixed duration punishable by RPC.

4BLUE 95 NOTE: Subsidiary imprisonment can be imposed for violation of special Other modifying circumstances outside of Arts. 13 and 14 of the RPC are to be treated as
laws pursuant to Art. 10 of the RPC, which provides that the RPC shall be supplementary attending circumstances for purposes of computing the maximum term under ISLAW.
to special laws; unless, the special law provides that subsidiary imprisonment shall not be
imposed(Art. 10, RPC)

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Purpose of the INDETERMINATE SENTENCE LAW is for PAROLE. By fixing BAR MATTER 2023
the min term is to set the GRACE PERIOD at w/c the convict may be released on
parole from imprisonment unless by his conduct,he is not deserving and thus shall
continue serving the prison term. 1. IF CRIME IS A VIOLATION OF REVISED PENAL CODE

Indeterminate Sentence Law governs whether the crime is punishable under the The court will impose a sentence that has a minimum and maximum.
Revised Penal Code or a Special Law.
It applies only when the penalty served is imprisonment. The maximum of the indeterminate sentence will be arrived at by taking into account the
If not by imprisonment, then it does not apply. In applying it ,penalty arrived at by attendant mitigating and/or aggravating circumstances according to Article 64 of the
the court after applying the mitigating and aggravating circumstances that should Revised Penal Code.
be the basis. In arriving at the minimum of the indeterminate sentence, the court will take into account
the penalty prescribed for the crime and go one degree lower.

The minimum and the maximum referred to in the Indeterminate Sentence Law are not (This is true only if the mitigating circumstance taken into account is only an ordinary
periods. So, do not say, maximum or minimum period. It refer to the duration of the mitigating circumstance. If the mitigating circumstance is privileged, you cannot follow
sentence which the convict shall serve as a minimum, and when we say maximum, for the law in so far as fixing the minimum of the indeterminate sentence is concerned;
purposes of ISLAW, we refer to the maximum limit of the duration that the convict may otherwise, it may happen that the maximum of the indeterminate sentence is lower than
be held in jail. Courts are required to fix a minimum and a maximum of the sentence that its minimum).
they are to impose upon an offender when found guilty of the crime charged.
2023notes:always focus on the maximum and the attendant circumstances.
2023 notes: if judgment has no minimum nor maximum,such judgment is not justifiable 2023 notes:penalty is based on graver offense.
(if ISL)

2023 notes: the maximum is upto when convict can serve sentence and minimum is at
what point convict is eligible for parole.

2023 notes: in answering for the bar: ―WITHIN THE RANGE of min of p.mayor and
max of r.temporal medium‖ 2. IF THE CRIME IS A VIOLATION OF SPECIAL LAW

In determining the applicable penalty according to the Indeterminate Sentence Law, there
is no need to mention the number of years, months and days; it is enough that the name of
APPLICATION the penalty is mentioned while the Indeterminate Sentence Law is applied.

In fixing the maximum of the indeterminate sentence, the court will impose the penalty
First, the court shall sentence accused to an INDETERMINATE sentence by
within the range of the penalty prescribed by the special law, as long as it will not exceed
the limit of the penalty.
first determining MAXIMUM taking into account the following: a) Degree of
participation of accused; b) Stage of execution of crime; and c) Attendant
4BLUE 95: In fixing the minimum, the court can fix a penalty anywhere within the range
circumstances.
of penalty prescribed by the special law, as long as it will not be less than the minimum
limit of the penalty under said law. No mitigating and aggravating circumstances are
taken into account.
Second, after finding maximum, look for the MINIMUM which is found
within any of the range of the next lower penalty.

Advantage of Indeterminate Sentence Law (ISL) is after serving the minimum, one can
apply for parole and can leave prison and live a normal life, but subject, of course, to
supervision of parole officer.
FACTORS IN FIXING MINIMUM PENALTY

1. Criminal as an individual
PROBLEM:Assuming that the penalty for homicide is reclusion temporal, and the a. Age of the criminal
accused X was 17 years old when he committed the offense, and there is one mitigating b. General health and physical conditions
and no aggravating circumstance attending the commission of the crime, answer the c. Mentality, heredity and personal habits
following: d. Previous conduct, environment, mode oflife, and criminal
record
(a) What is the exact range of the maximum of the Indeterminate Sentence of X, and e. Previous education (intellectual & moral)
why? f. Proclivities and aptitudes for usefulnessor injury to society
If I were the judge, I will first look for the maximum, taking into account the attendant g. Demeanor during trial and attitude withregard to the crime
circumstances in the commission of the crime. Considering that homicide is punishable committed
with reclusion temporal, and since X was a minor when he committed the offense, the h. Gravity of the offense
penalty should be one degree lower, or prision mayor. And since there is one mitigating
circumstance present and no aggravating, the maximum should be within the range of 2. Criminal as a member of society
prision mayor in its minimum period, or exactly within the range of 6 years, one day to a. Relationship toward his dependents, family and associates,
8 years. and theirrelationship with him
b. Relationship towards society at largeand the State
(b) What is the exact range of the minimum of the Indeterminate Sentence of X, and
why?
After finding the maximum, I’ll look for the minimum by simply going one degree lower
from prision mayor, which is prision correccional. Therefore, the minimum of the
penalty to be imposed on X is within any of the range of prision correccional, which is RULES IN AUTHORIZING PRISONER TO BE RELEASED ON PAROLE
six months and one day to six years.
1. Whenever the prisoner shall have servedthe minimum penalty imposed on
(c)If you are a very strict judge, what is the most serious, or highest penalty you can him, and it shall appear to the Board of Indeterminate Sentence that such
impose on X? prisoner is fitted forrelease, the Board may authorize his release on parole,
If I were a very strict judge, the highest penalty, or most serious penalty, I can impose on upon terms and conditions as may be prescribed.
X is 6 years up to 8 years. This means that after serving 6 years, accused can be 2. Whenever the prisoner on parole during the period of surveillance violates
released on parole subject to terms and conditions of the Board of Pardon and Parole, and any of the conditions, Board may issue an order for his arrest where the
under supervision of a parole officer. prisoner shall serve the unexpired portion of the maximum sentence (Secs.
6 and 8, R.A. 4103, as amended by Act No. 4225)
(d)If you are a very lenient judge, what is the least serious, or lowest penalty you can 3. Even if the prisoner has already served the minimum, but he is not fitted
impose on X?If I were a very lenient judge, the lowest penalty, or least serious penalty, I for release on parole, he shall continue to serve imprisonment until the end
can impose on X is 6 months and one day to six years and one day. of the maximum.

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MAJOR PENALTIES

1. Capital Punishment 3. Destierro

The death penalty shall be imposed in all cases in which it must be imposed under
existing laws, except in the following cases (reclusion perpetua shall be imposed): Applicability
1. When the guilty person be more than seventy (70) years of age or below
eighteen (18) years of age at the time of the commission of the crime (Art. Destierro applies in the following cases:
47, RPC, as amended by R.A. 9344).
2. When upon appeal or automatic review of the Supreme Court, the required
1. In case of failure to give bond for goodbehavior (Art. 284, RPC)
majority vote is not obtained for the imposition of the death penalty(Art.
47, RPC, as amended by R.A. 9346)
Art. 284. Bond for good behavior.- In all cases falling within the
Abolition of Death Penalty next preceding articles (Grave threats; Light threats), the person
making the threats may also be required to give bail not to molest the
R.A. 9346 (Act Prohibiting the Imposition of Death Penalty) provides for: person threatened, or if he shall fail to give such bail, he shall be
sentenced to destierro.
1. Prohibition on death penalty (Sec. 1, R.A.9346)
2. Repeal of R.A. 8177 (Act Designating Death by Lethal Injection) and R.A. 2. Serious physical Injuries
7659 (Death Penalty Law) (Sec. 1, R.A. 9346) 3. Penalty of Concubine in concubinage (Art.334, RPC)
3. In lieu of death penalty, following shall beimposed: 4. Death under Exceptional circumstances (Art. 247, RPC)
a. Reclusion perpetua - if the law violateduses the RPC’s 5. Incaseswhereafterreducingthepenaltybyone or more degrees,
nomenclature; and
destierro is the proper penalty.
b. Life imprisonment - if it does not (Sec. 2, R.A. 9346)

Constitutional Prohibition
In the constitutional prohibition on death penalty (Art. III, Sec. 19(1), 1987 Constitution),
the latter is placed in a ―suspensive condition‖ or in a ―state of hibernation.‖ It is included
in the computation of penalty but not imposed. Duration

"Death" as used in Art. 71, RPC, shall no longer form part of the equation in the Destierro lasts from 6 months and 1 day to 6 years(Art. 27, RPC)
graduation of penalties. For example, the determination of his penalty for attempted rape
shall be reckoned not from two degrees lower than death, but two degrees lower than
reclusion perpetua(People v. Bon, G.R. No. 166401 (2006))

4BLUE 95:Death penalty remains in the RPC; R.A. 9346 merely prohibits its imposition.
Nature of Destierro
Heinous Crimes Remain “Heinous”
Debarring the death penalty through R.A. 9346 did not declassify those crimes previously Those sentenced to destierro are not allowed to enter the place/s designated in the
catalogued as "heinous" (in R.A. 7659). R.A. 9346’s amendments extend only to the sentenceor within the 25-250 km. radius specified(Art. 87, RPC)
application of the death penalty but not to the definition or classification of crimes. It
does not serve as a basis for the reduction of civil indemnity and other damages that Although destierro does not constitute imprisonment, it is still a deprivation of
adhere to heinous crimes. liberty. Art. 29 of the RPC applies when the penalty is destierro.

2. Reclusion Perpetua

Duration
In R.A. 7659, the penalty of reclusion perpetua is now accorded a defined duration
ranging from 20 years and 1 day to 40 years.

Indivisibility
Reclusion perpetua remains an indivisible penalty despite the duration provided for it.

Considering that it is an indivisible penalty, it is also unnecessary for the court to specify
the length of imprisonment.

Q: What are the penalties that may be served simultaneously? (2007 BAR)
Life Imprisonment vs. Reclusion Perpetua
A: The penalties that may be served simultaneously are imprisonment/destierro and –
LifeImprisonment Reclusion Perpetua 1. Perpetual absolute disqualification;
As to Offenses 2. Perpetual special disqualification;
Imposed for serious offenses penalized by Prescribed under the RPC 3. Temporary absolute disqualification;
special laws 4. Temporary special disqualification;
As to Accessory Penalties 5. Suspension from public office, the right to vote and be voted for and the right to
No accessory penalties With accessory penalties follow a profession or calling;
As to Duration 6. Fine; and any principal penalty with its accessory penalties.
Does not appear to have any definite extent Entails imprisonment for at least 30 7. Fine and bond to keep the peace;
or duration years after which the convict becomes 8. Public Censure;
eligible for pardon although the 9. Civil Interdiction; and
maximum period shall in no case exceed 10. Confiscation and payment of costs
40 years.

AM No. 15-08-02-SC, in rel. to Sec. 3 of RA 9346

Condition Effect
Convicted of offenses punished with or Ineligible for parole under Indeterminate
reduced to reclusion perpetua Sentence Law (ISLAW)
When death penalty is not warranted No need to use qualification of ―without
eligibility for parole‖ as convicted persons
penalized with an indivisible penalty are
not eligible for parole
When death penalty is warranted, if NOT Must use qualification ―without eligibility
for RA 9346 for parole‖ to qualify reclusion
perpetuaand to emphasize that the accused
should have been sentenced to suffer the
death penalty if not for RA 9364.

5
ACCESSORY PENALTIES

a.Perpetual or Temporary Absolute Disqualification e. Indemnification or Confiscation of Instruments or Proceeds of the Offense

Effects(Art. 30, RPC) Generally

1. Deprivation of any public office oremployment of offender; even if Effects
by election. Forfeiture in favor of the Government of the proceeds of the crime and the
2. Deprivation of the right to vote in anyelection or to be voted upon; instruments or tools with which it was committed.
3. Disqualification for the offices or publicemployments and for the
exercise of any ofthe rights mentioned. Rules:
4. Loss of rights to retirement pay or pension. 1. Every penalty imposed carries with it theforfeiture of the proceeds of
the crime and the instruments or tools used in the commission of the
Duration crime.
1. Perpetual Absolute Disqualification -during the lifetime of the 2. Proceeds and instruments or tools of the crime are confiscated and
convict and even after the service of the sentence. forfeited in favor of the Government.
2. Temporary Absolute Disqualification - during the term of the 3. Property of a third person not liable for the offense, is not subject to
sentence, except as to: confiscation and forfeiture.
a. Deprivation of the public office oremployment; and 4. Property not subject of lawful commerce (whether it belongs to the
b. Loss of all rights to retirement pay orother pension for accused or to third person) shall be destroyed.
any office formerly held. (Art. 30, par. 3, RPC)
Forfeiture as Additional Penalty
Additional Penalty for Certain Accessories When the proceeds or instruments of the crime are not confiscated prior to the
Accessories falling within Art. 19(3) of the RPC who act with abuse of their public final judgment of sentence, the court cannot modify, alter or change the sentence
functions, harbored, concealed, or assisted in the escape of the principal of the to confiscate such. It is an additional penalty, and amounts to an increase of the
crime shall suffer the additional penalty: penalty already imposed, placing the accused in double jeopardy.
1. Perpetual absolute disqualification – for grave felonies
2. Temporary absolute disqualification – for less grave felonies

b. Perpetual or Temporary Special Disqualification f. Payment of Costs

For Public Office, Profession or Calling(Art. 31, RPC) Effects

1. Deprivation of the office, employment,profession or calling affected; 1. If the accused is convicted - costs may becharged against him.
and 2. If the accused is acquitted – costs are deofficio, i.e., each party will
2. Disqualification for holding similar offices or employments during bear his/her own expense.
the period ofdisqualification.
Exclusion
For Exercise of Right to suffrage(Art. 32, RPC) Not allowed against the Republic of the Philippines.
1. Deprivation of the right to vote in anyelection for popular office; and
2. Deprivation of right to be elected in suchoffice What are Included
1. Fees, and
No Denial of Right 2. Indemnities, in the course of judicialproceedings(Art. 37, RPC)
It is presumed those convicted of a felony are unfit to exercise the privilege of
suffrage or to hold office. The exclusion must for this reason be adjudged a mere Order of Payment
disqualification, imposed for protection and not for punishment, the withholding of The civil liabilities of a person found guilty of two or more offenses shall be
a privilege and not the denial of a personal right. satisfied by following the chronological order of the dates of the judgments
rendered against him (Art. 72, RPC)
Duration
1. Perpetual Disqualification or Suspension – perpetually Applicable in case the property of the offender is not sufficient to pay all his
2. Temporary Disqualification or Suspension - if imposed as an pecuniary liabilities. The order of payment being (Art. 39, RPC):
accessory penalty, the duration is the same as that of the principal 1. Reparation of the damage caused
penalty(Art. 30, par. 3(2), RPC) 2. Indemnification of consequential damages
3. Fine
4. Costs of the proceedings
c. Suspension from Public Office, the Right to Vote and be Voted for, the
Right to Practice a Profession or Calling

Effects
Involves disqualification from: (Art. 33, RPC)
1. Holding such office and holding another office having similar
functions during theperiod of suspension
2. Exercising such profession
3. Exercising right of suffrage

Duration
Term of the sentence. (Art. 33, RPC)

d. Civil Interdiction

Effects (Art. 34, RPC)

Deprivation of the following rights:
1. Parental Authority
2. Guardianship over the ward, either as to theperson or property of any
ward
3. Marital Authority
4. Right to manage property and to dispose of the same by acts inter
vivos.

4BLUE 95 NOTE: Convict can still dispose of his property mortis causa).

6
GRADUATION OF PENALTIES

Degree vs. Period RULES FOR GRADUATING PENALTIES BY DEGREE

Degree Period Scenario Next Lower Degree

Definition Art. 61(1) When the penalty is single and The penalty that follows the
One entire penalty; one whole penalty or One of three equal portions, called indivisible single and indivisible penalty
one unit of the penalties enumerated in the minimum, medium, and maximum, of a in Art. 71
graduated scales provided for in Art. 71 divisible penalty. Example: Reclusion Perpetua
How Affected Reclusion Temporal
Graduation of penalties by degrees GR: Graduation by periods considers Art. 61 (2) When the penalty is composed of 2 Penalty that follows the lesser
considers the following: the ordinary aggravating and mitigating indivisible penalties of the 2 in Art. 71
1. Stages of circumstances(Art. 64, RPC)
execution(consummated, Example: Reclusion Perpetua to Reclusion Temporal
frustrated, attempted) (Art. XPNs: Death
61, RPC) 1. When thepenalty is Art. 61 (2) Penalty is composed of one or more The penalty immediately
2. Extent of Singleand Indivisible divisible penalties to be imposed to following the lesser of the
Participation(principal, (except if privileged their full extent divisible penalties in Art. 71
accomplice, accessory) (Art. mitigating)
61, RPC) 2. In felonies through Example: Prision Correctional to Arresto Mayor
3. Privileged Mitigating negligence (Art.365, Prision Mayor
circumstance alleged in the RPC) Art. 61 (3) Penalty is composed of two The medium and minimum
Information (Arts. 68 and 69, 3. When thepenalty is only indivisible penalties and the period of the divisible penalty
RPC) a Fine imposed by an maximum period of a divisible and the maximum of the
4. Qualifying circumstance ordinance penalty immediately following penalty
alleged in the Information 4. When the penalties
areprescribed by Special Prision Mayor in its maximum
laws Example: Reclusion Temporal inits to Reclusion Temporal in its
maximum period to Death medium
Indivisible Penalties: Art. 61 (3) When the penalty is composed of The medium and minimum
1. Death one indivisible penalty and the period of the divisible penalty
2. Reclusion Perpetua maximum period of a divisible and the maximum of the
3. Public censure penalty immediately following penalty

Divisible Penalties: Prision Mayor in its maximum

1. Reclusion Temporal Example: Reclusion Temporal in to Reclusion Temporal in its
2. Prision Mayor its maximum period to Reclusion medium
3. PrisionCorreccional Perpetua
4. Arresto Mayor Penalty prescribed by RPC consists Penalty consisting in the 3
5. Destierro Art. 61 in 3 periods, corresponding to periods down in the scale
6. ArrestoMenor (4&5) different divisible penalties
Penalty prescribed by the ROC Penalty consisting in the 2
Imposition of Penalty consists in 2 periods periods down in the scale
Rule: Whenever the law prescribes a penalty for a felony in general terms, it shall be Penalty prescribed by RPC consists Next period down in the scale
understood as applicable to the consummated felony (Art. 46, RPC) in 1 period

Degrees Imposable
Consummated Frustrated Attempted
Principal 0 1 2 Effect of Mitigating and Aggravating Circumstances in Application of the Rules for
Accomplice 1 2 3 Graduating Penalties.
Accessory 2 3 4
The penalty prescribed by the RPC for the crime is the basis, without regard to the
―0‖ represents the penalty prescribed by law in defining a crime, which is to be imposed mitigating or aggravating circumstances which attended the commission of the
on the PRINCIPAL in a CONSUMMATED OFFENSE, in accordance with the crime. It is only after the penalty next lower in degree is already determined that
provisions of Art. 46. mitigating/aggravating circumstances should be considered.

The other figures represent the degrees to which the penalty must be lowered, according
to the stage of execution and extent of participation of the accused.

XPN: Arts. 50 to 57 shall not apply to cases where the law expressly prescribes the Privileged Mitigating Circumstance
penalty for frustrated or attempted felony, or to be imposed upon accomplices or
accessories(Art. 60, RPC) Those rules also apply in lowering the penalty by one or two degrees by reason of
the presence of privileged mitigating circumstance (Arts. 68 and 69), or when the
penalty is divisible and there are two or more mitigating circumstances (generic)
Accomplice Punished as Principal and no aggravating.
1. The ascendants, guardians, curators, teachers and any person who, by
abuse of authority or confidential relationship, shall cooperate as
accomplices in the crimes of rape, acts of lasciviousness, seduction,
corruption of minors, white slave trade or abduction (Art. 346, RPC)
2. One who furnished the place for the perpetration of the crime of slight Effect of Mitigating or Aggravating Circumstances (Art. 62, RPC)
illegal detention (Art. 268, RPC)
Circumstance Effect
Aggravating Circumstance Increase the penalty without exceeding the maximum
Accessory Punished: provided by law
1. As Principal: Mitigating Circumstance Diminish the penalty
a. Knowingly concealing certain evil practices enumerated in Habitual Delinquency Increases the penalty because of recidivism, which is
Art. 142 generally implied in habitual delinquency. Also
b. Obstruction of justice imposes an additional penalty.
2. With a Penalty One Degree Lower:
a. Knowingly using counterfeited seal or forged signature or
stamp of the President. (Art. 162, RPC)
b. Illegal possession and use of a false treasury or bank
note(Art. 168, RPC)
c. Using falsified document(Art. 173,par.3, RPC)
d. Using falsified dispatch (Art. 173, par.2, RPC)

7
RULES FOR GRADUATION OF PERIOD

When penalty is: OTHER RULES IN APPLICATION OF PENALTIES

1. Single Indivisible: Shall be appliedregardless of any mitigating or 1. Incomplete Accident

aggravatingcircumstances(Art. 63, RPC). a. If guilty of grave felony: Arresto mayorin its maximum
period to prisioncorreccional in its minimum period
2. Two indivisible penalties(Art. 63, RPC). b. If guilty of less grave felony: Arresto mayor in its
Scenario Effect minimum and mediumperiods (Art. 67, RPC)
1 Aggravating; NO Greater penalty
Mitigating 2. Incomplete Exemption or Justification
1 Mitigating; NO Lesser penalty a. When deed is not wholly excusable by reason of lack of
Aggravating some conditions required for exempting or justifying
2 or more Mitigating; Lesser penalty. Penalty cannot be lowered by circumstances – a penalty lower by one or two degrees shall
NO Aggravating one degree no matter how many Mitigating be imposed, provided that majority of the conditions are
Circumstances are present. present(Art. 69, RPC)
b. When the exempting circumstance has only 2 requisites -
XPN: Privileged mitigating circumstance the presence of one element is sufficient
under Art. 68 or 69 is present. c. Incomplete justification is a privileged mitigating
Both present Offset circumstance (it cannot be offset by aggravating
circumstances).
3. Composed of Three Periods
3. Incomplete Self-Defense, Defense of Relatives and Strangers
a. Unlawful Aggression - should alwaysbe present to be
Rules for the Application of Penalties Containing Three Period (Art.
appreciated as a mitigating circumstance.
64, RPC)
b. Ordinary mitigating circumstance - if only unlawful
Scenario Effect
aggression is present.
NO Aggravating; NO Imposed in its medium period c. Privilegedmitigatingcircumstance-if two of the three
Mitigating requisites are present
1 Mitigating; NO Imposed in its minimum period
Aggravating 4. Impossible Crimes - The penalty for persons who committed impossible
1 Aggravating; NO Imposed in its maximum period crimes (Art. 4(2), RPC) is arresto mayor or a fine (Php200 – 500)(Art. 59,
Mitigating RPC)
Both Mitigating and Court shall reasonably offset those of one
Aggravating present class against the other according to their
relative weight.
2 or more Mitigating; Penalty next lower in degree to that prescribed Illustrations Applying Rules on Graduating Periods and ISLAW
NO aggravating by law, in the period that it may deem
applicable, according to the number and nature Indeterminate sentence, when there are privileged mitigating and ordinary mitigating
of such circumstances(Art. 64, RPC) circumstances.
2 or more Imposed in its maximum period
Aggravating; NO
mitigating Facts:
1. Penalty prescribed in RPC: Reclusiontemporal in its maximum period to
4BLUE 95: In imposing the maximum period, the Court must specify its death
justification for so imposing. By not specifying the justification for 2. Privileged MC: Minority
imposing the ceiling of the period of the imposable penalty, the fixing of 3. Ordinary MC: Plea of guilty
the indeterminate sentence became arbitrary, or whimsical, or capricious.
Rule As applied
4. Not Composed of Three Periods Applying first the privileged MC, Starting point:
lower first the penalty prescribed
1. Let X be by the RPC for the offense by one Prisión mayor in its maximum period to
X= (maximum of prescribed penalty- minimum of prescribed degree using the scale in Art. 71. reclusion temporal in its medium
penalty- 1 day) / 3 Make the penalty next lower as the period.
STARTING POINT for
Illustration: determining the minimum of the
If prescribed penalty for a felony is prision mayor, which ranges indeterminate penalty.
from 6 years (minimum of prescribed penalty) and 1 day to 12 Determine the minimum term by Minimum term:
years (maximum of the prescribed penalty). Then: lowering the penalty made the
starting point another degree Prisióncorreccional maximum to prisión
= 12 years - (years and 1 day – 1 day) lower. mayor in its medium period.
3 Determine the maximum term by Maximum term:
imposing in the proper period the
=12 years – (6 years) penalty made the starting point, Prisión mayor in its maximum period
3 applying the ordinary MC.
X= 2 years

2. For the minima and maxima of the minimum, medium, and Q: After trial, Judge Juan Laya of the Manila RTC found Benjamin Garcia guilty of
maximum periods, use the following formulae: Murder, the victim having sustained several bullet wounds in his body so that he died
Minimum Maximum despite medical assistance given in the Ospital ng Manila. Because the weapon used by
Min. period Minimum of Minimum of Benjamin was unlicensed and the qualifying circumstance of treachery was found to be
prescribed penal prescribed penalty -1 present. Judge Laya rendered his decision convicting Benjamin and sentencing him to
day + X "reclusion perpetua or life imprisonment". Are "reclusion perpetua" and life
Med. Minimum of Minimum of imprisonment the same and can be imposed interchangeably as in the foregoing sentence?
period prescribed penalty + X prescribed penalty- 1 Or are they totally different? State your reasons. (1994, 2001, 2005 BAR)
day + 2X A: The penalty of reclusion perpetua and the penalty of life imprisonment are totally
Max. Minimum of Minimum of different from each other and therefore, should not be used interchangeably. Reclusion
period prescribed penalty prescribed penalty- 1 perpetua is a penalty prescribed by the RPC, with a fixed duration of imprisonment from
+2X day + 3X 20 years and 1 day to 40 years, and carries it with accessory penalties. Life imprisonment,
on the other hand, is a penalty prescribed by special laws, with no fixed duration of
Using the example of prision mayor, with X= 2years as computed imprisonment and without any accessory penalty.
in Step 1, and applying these numbers to the formulae in the
above table, we have: Q: Under Article 27 of the Revised Penal Code, as amended by Republic Act (RA) No.
7959, reclusion perpetua shall be from 20 years and 1 day to 40 years. Does this mean
Minimum Maximum that reclusion perpetua is now a divisible penalty? Explain. (2005 BAR)
Min. 6 years and 1 day (6 years and 1 day – 1 A: NO, because the Supreme Court has repeatedly called the attention of the Bench and
period day) + 2 years the Bar to the fact that the penalties of reclusion perpetua and life imprisonment are not
Med. 6 years and 1 day + (2 (6 years and 1 day – 1 synonymous and should be applied correctly and as may be specified by the applicable
period years) day) + 2 (2 years) law. Reclusion perpetua has a specific duration of 20 years and 1 day to 40 years (Art.
Max. 6 tears and 1 day + 2(2 (6 years and 1 day – 1 27) and accessory penalties (Art. 41), while life imprisonment has no definite term or
period years) day) + 3 (2 years) accessory penalties. Also, life imprisonment is imposable on crimes punished by special
laws, and not on felonies in the Code.