Penalties

Prof. Ildefonso R.
Jimenez
UP College of Law

General principles of penalties

Constitutional principles
Art. 21 Nulla poena sine lege
Art. 22 Retroactivity
Art. 23 Effect of pardon
Proportionality

Measures not considered penalties

- Art. 24

Preventive detention
Detention for medical causes
Rehabilitation of minors
Preventive suspension from public office
Administrative fines and penalties
Civil law deprivation of rights and
reparations

1. People who are detained while undergoing Criminal trials.

Not a criminal penalty but procedural.

2. E.G. Ebola, contracting any other medical reason

3. Part of administrative procedure to rehabilitate E.G. Boys time
4.
5. E.G. fine for late renewal of drivers license

6. Civil interdiction
3

1. Exclusive list as found in art. 25; if not in the list, the Court
may not impose it (E.G. whipping at the post, etc.)

Imposable penalties Table

I
1.Principal prescribed for the offense
2.Accessory attached to principal
penalty
3.Subsidiary in lieu of principal penalty

Principal penalties Art. 25

Death penalty
Afflictive penalties
Correctional penalties
Light penalties
Variable penalties

5. Variable Penalties - Fine. Depending on the offense is the

amount

Death penalty legal

environment

The Philippines has not abolished the death penalty.

Up to Congress to revive the death penalty; death penalty

is not being imposed - suspended

Sec. 19, Art. III, Constitution

RA 7659 (Heinous crimes)
RA 8177 (Lethal Injection)
RA 9346 (Abolition of death penalty
and repeal of RA 8177)

Afflictive penalties
Reclusion perpetua Art. 27, 41
Reclusion temporal Art. 27, 41
Perpetual or temporary
absolute disqualification Art 30
Perpetual or temporary special
disqualification Art. 31, 32
Prision mayor Art. 27, 42
7

Correctional penalties
Prision correccional Art. 27
Arresto mayor Art. 27
Suspension Art. 33
public office
right to vote and be voted for
profession or calling

Destierro
8

Light penalties
2. admonish the accused in open court

Arresto menor Art. 27

Public censure

Variable penalties Art. 25

2. Bond to keep the peace imposed for felonies of threats I.E.

I WILL KILL YOU
Monetary disincentive for a person from committing the felony which
the bond attaches to

Fines Art. 26
Afflictive - More than P6000
Correctional
- P200 P6000
Light
- Less than P200

Bond to keep the peace Art. 27, 35

10

Accessory penalties Art. 4045

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

1. absolute = disqualification for all

2. special = specific (i.e. disqualification from office, professional work, etc.)

a. Public office
b. Suffrage
c. Profession
11

Accessory penalties
4. Civil interdiction Art. 34
5. Indemnification - civil liability
6. Forfeiture or confiscation of the
instruments and proceeds of the
offense Art. 45
7. Payment of costs Art. 37

12

Penalty

Duration

Death

Indivisible

Effects

Death, when not executed

due to pardon or
commutation

Reclusion perpetua

a. PAD
b. Civil interdiction 30 yrs
from sentence
20 years & 1 day
to 40 years (Indivisible)

a.Civil interdiction for life

b.PAD

Perpetual absolute
disqualification (PAD)

For life

a. Deprivation of public office,

even if by election
b. Deprivation of right to vote &
be voted for
c. Disqualification from public
office held
d. Loss of retirement rights

Perpetual special
disqualification (PSD)

For life

a. Deprivation of office,
employment, profession, or
calling affected
b. Disqualification from similar
offices or employments

Reclusion temporal

Penalty
Prision mayor

a.Civil interdiction for

duration of sentence
b.PAD

12 years & 1 day to 20

years

Duration

Effects

6 years & 1 day

to 12 years

6 years & 1 day

to 12 years

a.Deprivation of public office, even

if by election
b.Deprivation of right to vote & be
voted for during sentence
c.Disqualification from public
office held during sentence
d.Loss of retirement rights

Temporary special
disqualification
(TSD)

6 years & 1 day

to 12 years

a. Deprivation of office,
employment, profession, or
calling affected
b. Disqualification from similar
offices or employments

Prision correccional

6 months & 1 day

to 6 years

Suspension

6 months & 1 day

to 6 years

Duration

Accessories
a.TAD
b.PSD of suffrage

Temporary absolute
disqualification
(TAD)

Penalty

Accessories

a.Suspension from public

office
b.Suspension from
profession or calling
c.PSD of suffrage, if
penalty exceeds 18 mos.
a.Public office
b.Profession or calling
c.Suffrage

Effects

Accessories

Prohibition to enter w/in 25250 km radius from the

designated place

Destierro

6 months & 1 day

to 6 years

Arresto mayor

1 month & 1 day

to 6 months

Suspension of right to
hold office and right of
suffrage

Arresto menor

1 day to 30 days

Suspension of right to
hold office and right of
suffrage

Public censure
Deprive offender of:
a. Parental authority
b. Guardianship
c. Marital authority
d. Right to manage & to
dispose of property inter
vivos

Civil interdiction

Bond to keep the peace

As determined by
the court

Subsidiary penalty Art. 39

If unable to pay the fine, impose
one(1) day imprisonment for
every P8 fine
Pay fine if financial circumstances
improve

16

Rules for subsidiary

imprisonment
Higher than prision correccional - None
Prision correccional or arresto - Not more
than:
1/3 of sentence
1 year

Fine only
Grave or less grave felony - cannot exceed 6
months
Light felony cannot exceed 15 days

No imprisonment but w/ fixed duration, same

17
deprivation for the above periods

Gradation of felonies Art. 9

Grave felony capital or afflictive
penalty
Less grave felony correctional
penalty
Light felony light penalty
Punishable only when consummated,
except if against persons or property (Art.
7)
Only principals & accomplices liable
18

Application & computation of

penalties

Application & computation of

penalties
General rules
In case of excessive penalties, impose
penalty but recommend reduction,
commutation, or other action by the President
(Art. 5)
Nulla poena sine lege (Art.21)
Penalty is individual
Penalty must be definite
20

1. Starting point of for calculation of penalties

General rules (contd)

2.

Art. 46 - penalty prescribed by RPC is for

the principal in a consummated felony
Art. 73 principal penalty includes
accessory
Art. 74 penalty higher than Rec. Perp.
Art. 76 periods of divisible penalties
Art. 77 periods if penalty is 3 distinct
penalties or other forms

3.
4. Indivisible penalty: Death, Reclusion Perpetua, Censure

4.1 rules on indivisible penalties will still apply to reclusion perpetua

despite clear period provided by law (20 years and 1 day to 40 years)

21

Specific rules
When death penalty not imposed - Art. 47
Minor offenders
Persons over 70 at the time of sentencing
Lack of majority vote in SC
Application of Art. 74

1.4. death penalty cannot be imposed if the law does not provide
for it

Instead, impose reclusion perpetua

22

1. only applies in error in personae

Specific rules (contd)

Art. 49 crime different from that intended
Either crime committed more grave than
crime intended or crime intended more grave
than crime committed
Impose penalty for lesser felony in its
maximum period, except if lesser felony
constitutes an attempt or frustration of another
felony

23

Disqualification referred here is principal

Specific rules (Contd.)

Art. 58 Accessories (Art. 19 par. 3) who
act w/ abuse of public office
Grave Absolute perpetual disqualification
Less grave Absolute temp. disqualification

24

Specific rules (Contd.)

Impossible crime
Art. 59Arresto mayor or fine P200-P500
Depending upon social danger & degree
of criminality

25

ART 71
Graduated penalties Table II
SCALE 1
Death
Reclusion perpetua
Reclusion temporal
Prision mayor
Prision correccional
Arresto mayor
Destierro
Arresto menor
Public censure
Fine

SCALE 2
Perpetual absolute
disqualification
Temporary absolute
disqualification
Suspension
Public censure
Fine

26

2 ways of graduating penalties

1. By degrees
Stage of commission
Extent of participation
Privileged mitigating circumstances
Qualifying circumstances
ISL

2. By periods
Ordinary mitigating/aggravating
circumstances
27

Arts. 46, 50-57, & 60-61 Extent of

participation and stage of commission
Consummated Frustrated Attempted
Principal
0
1
2
Accomplice

Accessory

0 = imposable penalty
28

Art. 61 Rules for graduating

penalties
1. Imposable penalty is single &
indivisible
1 lower is penalty immediately following
in the same scale

29

SCALE 1
Death
Reclusion Perpetua
Reclusion Temporal
Prision Mayor
Prision Correccional
Arresto Mayor
Destierro
Arresto Menor
Public Censure
Fine

SCALE 2
Perpetual absolute
disqualification
Temporary absolute
disqualification
Suspension
Public censure
Fine

30

10

2.1 Reclusion perpetau to death : murder

Graduating penalties Art. 61

2.2 if full extent, 1 degree lower is the next type (e.g. reclusion temporal ->
reclusion mayor

2. Imposable penalty is composed of:

2 indivisible penalties
OR
1 or more divisible penalties, imposed to
their full extent

1 lower is penalty following the lesser

31

SCALE 1
Death
Reclusion Perpetua
Reclusion Temporal
Prision Mayor
Prision Correccional
Arresto Mayor
Destierro
Arresto Menor
Public Censure
Fine

SCALE 2
Perpetual absolute
disqualification
Temporary absolute
disqualification
Suspension
Public censure
Fine

32

Graduating penalties Art. 61

3. Max. of divisible & 1 or 2 indivisible
1 lower is medium & minimum of the
divisible penalty & maximum of that
immediately following
Ex. Reclusion temporal maximum to
Death or Recl. Temp. max to Recl.
Perp.
1 lower = PM max. to RT medium
33

11

Death
Reclusion Perpetua
Reclusion Temporal Max.
Reclusion Temporal Med.
Reclusion Temporal Min.
Prision Mayor Max.
Prision Mayor Med.
Prision Mayor Min.
34

Graduating penalties Art. 61

Several periods of different divisible
penalties, 1 lower is period immediately
following & next two periods
Ex. PM max. to RT medium
1 lower = PC max. to PM med.

35

Reclusion Temporal Max.

Reclusion Temporal Med.
Reclusion Temporal Min.
Prision Mayor Max.
Prision Mayor Med.
Prision Mayor Min.
Prision Correccional Max.
Prision Correccional Med.
Prision Correccional Min.
Arresto Mayor Max.
Arresto Mayor Med.
Arresto Mayor Min.
Destierro Max.
Destierro Med.
Destierro Min.
Arresto Menor Max.
Arresto Menor Med.
Arresto Menor Min.
36

12

Graduating penalties Art. 61

Penalty different from above rules, apply
by analogy

37

Effect of mitigating, aggravating, &

qualifying circumstances Art.62

Not aggravating if inherent or separate

crime
Circumstances that are personal, or
arise from relationship or moral
attributes affect only the offender
concerned
Circumstances consisting in the material
38
execution or means employed affect

Effect of mitigating, aggravating, &

qualifying circumstances Art.62
If advantage be taken of public position or
if member of syndicate, maximum penalty
regardless of mitigating circumstances
Qualifying aggravating under Sec. 25,
RA 9165 - ???

39

13

Art. 63 - Effect of mitigating &

aggravating if indivisible penalties

Single regardless of mitigating or

aggravating circumstances
Two

1.
2.
3.
4.

Mitigating only lower penalty

Aggravating only higher penalty
No circumstances lower penalty
Both offset, then apply Par. 1-3

40

Art. 64 Effect of mitigating &

aggravating if divisible penalty
1.
2.
3.
4.

No circumstances medium period

1 mitigating minimum period
2 or more mitigating 1 degree lower
Aggravating only, regardless of number
maximum period
5. Both offset, then apply Par. 1-4
Note: NA to negligence Art. 365, par. 5
41

Indeterminate Sentence Law (RA

4103)

purpose is to accelerate rehabilitation

RPC
Maximum - consider attendant circumstances
Minimum - w/in the range of the penalty 1
lower than the penalty prescribed by RPC

Special laws
Maximum & minimum within the limits of the
penalty prescribed by the law

42

14

 Penalty for Homicide

Felony committed

RT -12 yrs1d 20yrs

Frustrated homicide,
1 mitigating circ.

Maximum
Frustrated - 1 lower
1 Mitigating
Minimum period

Minimum
1 lower

Ind. sentence

PM 6yrs,1d-12yrs
6yrs,1d-8yrs
PC 6mos,1d-6yrs
Min 6mos,1d-6yrs
Max 6yrs,1d-8yrs
43

habitual delinquents, violators of conditional pardon, escapee,

are beyond or does not deserve accelerate rehabilitation

Disqualifications from ISL

Conviction for offense punishable by death or
life imprisonment
Conviction for treason, conspiracy & proposal to
commit treason, misprision of treason, rebellion,
sedition, espionage, piracy
Habitual delinquents
Those who have escaped confinement or
evaded service of sentence
Violators of conditional pardon
Maximum term of imprisonment does not exceed
one year
44

Rules for graduating fines

Adjust up or down by of maximum w/o
changing the minimum Art. 75
Consider the wealth or means of the
offender, more than the mitigating or
aggravating circumstances Art. 66

45

15

Graduating fines
Imposable fine is P100 to P1,000
1 higher = P100 to P1,250
1 lower = P100 to P750
2 lower = P100 to P500

46

All habitual delinquents are recividists

Habitual delinquent Art. 62

Multi-recidivism
w/in 10 years from date of release or last
conviction of serious or less serious physical
injuries, robbery, theft, estafa or falsification, he
is found guilty of any of said crimes a 3rd time or
oftener
Penalty for last offense committed PLUS: PC
med-max 3rd; PM min-med for 4th; PM max-RT
min for 5th & subsequent convictions , BUT not
exceeding 30 years
47

Art. 48 Complex crimes

Impose penalty for the most serious

offense
In its maximum period

48

16

Art. 67 Incomplete exempting

circumstance of accident
Grave felony arresto mayor maximum to
prision correccional minimum
Less grave felony arresto mayor
minimum and medium

49

Minor offenders
Upon conviction, suspend sentence & turn
over to social worker for disposition
measures (RA 9344); Rule on Juveniles in
Conflict with the Law (A.M. No. 02-1-18SC)
If rehabilitated, social worker can
recommend dismissal of case
If proven incorrigible, return minor to court
for execution of sentence
50

Discrepancy created by RA 9344

Incorrigible minors
RPC
12-15 yrs old impose penalty at least 2
lower
15-18 - 1 lower

RA 9344 - ???

51

17

Execution & Service of

Penalties

Art. 78 Execution of
penalties, in general
By virtue of final judgment
In the form and circumstances provided by law
Rules of penal institutions re:
work to be performed
relations of convicts among themselves and with
others
relief which they may receive
diet
correction and reform
separation of sexes
53

Art. 79 Suspension due to

insanity
Execution of sentence suspended if
convict becomes insane after final
judgment
Sentence executed upon regaining sanity,
unless penalty has prescribed

54

18

Death penalty
By lethal injection RA 8177
Executed with preference over any other
penalty - Art. 81
Execution w/in 12 18 months from finality of
judgment, w/o prejudice to clemency
Court to set a working day, but not the hour,
for the execution
Convict not notified of date until after sunrise
55
of said day; execution after at least 8 hrs
from notification but before sunset of the

Convict not notified of date until after sunrise of said day; execution
at least 8 hrs from notification, but before sunset of the same day

Suspension of death penalty

Pregnant woman & w/in 1 year after
delivery (Art. 83)
Person over 70 sentence commuted
(Art. 83)
Insane or imbecile Art. 79

56

Art. 70 Service of
penalties

Served on descending order of confinement

Simultaneous service, if nature of

penalties permit
Successive service
Use scale under Art. 70

57

19

Successive Service Table III

Death
Reclusion Perpetua
Reclusion temporal
Prision mayor
Prision correccional
Arresto mayor
Arresto menor
Destierro
Perpetual absolute disqualification
Temporary absolute disqualification
Suspension
Public censure
58

Art. 70
Successive service
Serve sentences in the order of
severity, beginning with the most
severe
Maximum period of imprisonment
3x the most severe penalty
BUT not more than 40 years
59

Place of execution
Recl. perpetua to Arresto mayor Art. 86
Administrative Code or other law
New Bilibid Prison
Davao penal colony
Iwahig penal colony

Arresto menor Art. 88

Local jail
Defendants house, under supervision, for health
or other good reasons as determined by the Court
60

20

Destierro - Art. 87
25 250 km radius
from place designated
by the court
Place of commission
25 km
250 km

61

Computation of duration
- Art. 28
If in prison begins from the date
judgment becomes final
If not in prison begins from the day he is
placed at the disposal of judicial
authorities

62

Preventive imprisonment
- Art. 29
Full credit, provided he agrees to
disciplinary rules of prison
4/5 credit, if he does not agree to rules of
prison
No credit
Recidivists or convicted previously twice or
more of any crime
Did not surrender voluntarily for service of
sentence
63

21

Suspension of sentence
Insanity or imbecility Art. 79
Minority RA 9344
Probation PD 968, as amended
Promote rehabilitation & reintegration
Based on character, antecedents,
environment, mental & physical condition of
offender
Availability of institutional and community
services
64

Disqualification from
probation
Maximum sentence exceeds 6 years
Conviction for crime against national
security or public order
Previous conviction by final judgment for
offense punished by arresto mayor or
higher or fine of not less than P200
Previous probation
65

Period of probation
Sentence of imprisonment does not
exceed one year probation of not more
than two years
All other cases not more than 6 years
Fine only, & offender is required to serve
subsidiary imprisonment not less than
nor more than twice the total days of
subsidiary imprisonment
66

22

Conditions of probation
1.Regularly report to his probation officer
(PO)
2.Meet family responsibilities
3.Be employed; change w/ approval of PO
4.Undergo physical, psychological or
psychiatric exam &/or treatment;
confinement
5.Study or undergo vocational training
67

Conditions of probation (contd)

6. Refrain from visiting houses of ill-repute
7. Abstain from excessive drinking
8. Visitation by PO or social worker at home
or work
9. Cannot change residence w/o PO
approval

68

Procedure for probation

File application with the court w/in period
to appeal; appeal deemed waived
Conditions may be modified by court upon
application of probationer or PO
Re-arrest upon substantial violation;
revoke, modify, or continue probation after
hearing
Upon revocation, serve sentence
Terminated by order of final discharge
69

23

Extinction of criminal
liability

Total extinction of
criminal liability Art.
89

1.
2.
3.
4.
5.
6.
7.

Criminal Liablility can be partly or totally extinguished.

For total, death; partly, partial pardon

Death
Service of sentence
Amnesty
Absolute pardon
Marriage under Art. 344 and 266-C
Prescription of the crime
Prescription of the penalty

71

Prescription of crimes
Art. 90

Reclusion temporal to Death - 20 years

Correctional penalty
- 10 years
Arresto mayor
- 5 years
Libel
- 1 year
Slander
- 6 months
Light offenses
- 2 months

Lapse of a certain period of time after which rights of the state lapse.
The length of time for prescription to run depends upon the penalty of
the crime i.e. penalty imposable of the law
What prescribes is the right of the state to prosecute an offender.

72

24

Computation of
prescription of crimes Art. 91
Starts from discovery of the crime by

People v Desierto: 20 years ran from 1979, while the allegations

or the crime was known then, it was known by a criminal government
and therefore no reasonable expectation that the state can exercise its
right to prosecute criminal offender.

offended party
authorities
their agents
People vs. Desierto

Is interrupted by filing of complaint or information

when accused is abroad

Runs again upon termination of proceedings without conviction or acquittal

for any reason not imputable to the accused
73

When the penalty has prescribed, it is based on the actual penalty

imposed upon the offender.

Prescription of
penalties - Art. 92

Limited period of time for state to execute the sentence.

Death and Recl. perpetua 20 years

Other afflictive penalties 15 years
Correctional penalties
10 years
Arresto mayor
5 years
Light penalties
1 year

74

Computation of
prescription of
penalties - Art. 93

Starts from day of evasion of service

Is interrupted if the defendant:
Surrenders
Is captured
Goes to a country without extradition
Commits another crime

Restarts upon his escape or travel to an

extraditable country
75

25

Partial extinction Art. 94

1. Conditional pardon Art. 95 and 159
Upon violation, prision correccional
unless if penalty remitted higher than 6
years, then serve the unexpired sentence

2. Commutation of sentence Art. 96

76

Partial extinction Art. 94 (contd.)

Eligible for parol

Returnee prisoner after calamity

3. Allowance for good conduct Art. 97

1-2 years 5 days/month of good
behavior
3-5 years 8 days/month
6-10 years 10 days/month
11th year onwards 15 days/month

4. Allowance for loyalty Art. 98

1/5 of sentence

77

Civil
Liability

26

Art. 104 - Civil

liability includes:
Restitution return the thing itself, even if
in possession of 3rd person, except if
recovery barred by law (Art. 105)
Reparation value to be fixed by court
(Art. 106)
Indemnification damages to victim & his
family or 3rd person (Art. 107)

79

Damages
People vs. Torres Qual. Rape, P75,000
People vs. Paraiso Rape w/ Homicide
P100,000
People vs. Panado lost earnings formula
2/3 (80 age at time of death) x (Gross Annual
Income Annual Living Expenses)

People vs. Pajotal exceptions to proof of

damages
80

Who incurs civil

liability?
Art. 100 - General rule
Every person criminally liable is
also civilly liable.

81

27

Art. 101 - Rules for

justified and exempted
persons
Art. 11, par.4 Persons benefited
Art. 12, pars. 1,2, & 3 Parent or
guardian, except if without fault
If none or insolvent, offender himself

Art. 12, par. 5 & 6 Person who used

violence or caused fear
If none, offender himself
82

Principal individual liable does not have enough property to

satisfy civil liability

Subsidiary civil
liability
Employers, for servants Art. 103
Teachers, for pupils Art. 103
Those engaged in industry, for employees
performing duties Art. 103
Innkeepers - Art. 102

83

Innkeepers
For crime committed within establishment
With violation of municipal ordinance or police
regulation committed by them or their
employees

For robbery or theft against guests

Provided
innkeeper notified of deposit of goods
Guest followed instructions for safekeeping

Except for robbery w/ violence or intimidation

not by him or his employees
84

28

Rules for civil

liability
If two or more crimes, in the order of
judgment dates Art. 72
If two or more persons liable, Court will
determine proportion Art. 109

85

Rules for civil

liability
If principals, accomplices & accessories
liable:
Solidary liability within their class
Subsidiary liability for the other classes
In the order of greatest liability

With right to reimbursement in either case

86

Extinction & survival of

civil liability
Heirs of offender liable Art. 108
Heirs of victim entitled Art. 108
Extinguished as obligations under Civil
Code Art. 112
Liable even after service, amnesty,
pardon, or commutation (Art. 113) or
discharge of minor (Sec. 39, RA 9344)
87

29

Questions?

30