PENALTIES

Penalty Defined

Penalty is the punishment imposed by lawful authority upon a person

who commits a deliberate or negligent act. (People v. Moran, 44 Phil.
431)

No felony shall be punishable by any penalty not prescribed by law

prior to its commission. (Art. 21, RPC)

Any special law that uses the nomenclature of the RPC in the
imposition of penalties makes such special law a felony.

Classification of Penalties Under Art. 25 of the RPC

Under Article 25 of the RPC, penalties are classified into:

(1) Principal – provided by law for a felony and which is
imposed by the court expressly upon conviction; and
(2) Accessory – deemed included in the imposition of the
principal penalty.

Under Article 25, the penalties which may be imposed and their
different classes are those included in the following:

SCALE
PRINCIPAL PENALTIES
Capital punishment:
• Death

Afflictive Penalties:
• Reclusion perpetua
• Reclusion temporal
• Perpetual or temporary absolute disqualification
• Perpetual or temporary special disqualification
• Prision mayor

Correctional Penalties:
• Prision correccional
• Arresto mayor
• Suspension
• Destierro

Light penalties:
• Arresto menor
• Public censure

Penalties common to the three preceding classes:

• Fine, and
• Bond to keep the peace

ACCESSORY PENALTIES
• Principal 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

Duration of penalties (Art. 27)

Reclusion Perpetua – 20 years and 1 day to 40 years
Reclusion Temporal – 12 years and 1 day to 20 years
Prision Mayor and Temporary Disqualification – 6 years and 1 day to
12 years, except when the penalty or disqualification is imposed as an
accessory penalty, in which case, its duration shall be that of the
principal penalty
Prision Correccional, Suspension, and Destierro – 6 months and 1 day
to 6 years, except when suspension is imposed as an accessory
penalty, in which case, its duration shall be that of the principal
penalty
Arresto Mayor – 1 month and 1 day to 6 months
Arresto Menor – 1 day to 30 days
Bond to keep the peace – the bond shall be required to cover such
period of time as the court may determine (As amended by Sec. 21,
R.A. No. 7659)

Reclusion Perpetua Is An Indivisible Penalty

Despite its define duration, Reclusion Perpetua is still to be
classified as an indivisible penalty. (People v. Lucas, 232 SCRA 537)

Life Imprisonment Is Not The Same As Reclusion Perpetua

First, life imprisonment is imposed for serious offenses
penalized by special laws, while reclusion perpetua is prescribed
under the RPC. Second, life imprisonment does not carry with it any
accessory penalty. Reclusion perpetua has accessory penalties. Third,
life imprisonment does not appear to have any definite extent or
duration, while reclusion perpetua entails imprisonment for at least
30 years after which the convict becomes eligible for pardon, although
the maximum period thereof shall in no case exceed 40 years. (People
v. Latupan, G.R. Nos. 112453-56, June 28, 2001, 360 SCRA 60)

Destierro
It is “a punishment whereby the convict is vanished to a certain
place and is prohibited from entering or coming near the place
designated in the sentence, not less than 25km. but cannot extend
beyond 250 km. If the convict should enter the prohibited place
designated in the sentence, he commits the crime of evasion of
sentence.” (Palattao, The Revised Penal Code Made Easy Book I [2005
Edition], p. 229)
Destierro is imposed in the following:
(1) Serious physical injuries or death under exceptional
circumstances (Art. 247);
(2) In case of failure to give bond for good behavior (Art. 284);
(3) As a penalty for the concubine in concubinage (Art. 334);
 (4) In cases where after reducing the penalty by one or more
degrees, destierro is the proper penalty.

Successive Service of Sentences

Under Art. 70 of the RPC, the penalties, in the order if severity
and for the purpose of successive service of sentences, have the
following scale:
1. Death (Republic Act No. 9346 [signed into law on June 24,
2006] prohibited the imposition of the death penalty)
2. Reclusion Perpetua
3. Reclusion Temporal
4. Prision Mayor
5. Prision Correccional
6. Arresto Mayor
7. Arresto Menor
8. Destierro
9. Perpetual Absolute Disqualification
10. Temporary Absolute Disqualification
11. Suspension from public office, the right to vote and be voted
for, the right to follow profession or calling, and
12. Public censure

The Threefold Rule

Notwithstanding the provisions of Art. 70, the maximum
duration of the convict’s sentence shall not be more than threefold the
length of time corresponding to the most severe of the penalties
imposed. Such maximum period shall in no case exceed 40 years. (Art.
70, RPC)
Article 70 (“Successive of sentences “) of the RPC is concerned
exclusively with the “service” of sentence; it speaks of “duration” of
penalty and penalty to be “inflicted”. It has nothing to do with the
imposition of the proper penalty. (Reyes, The Revised Penal Code
Criminal Law, Book One [17th Edition], p. 752-753)

Graduated Scales (Art. 71, RPC)

For the purpose of graduating the penalties in the light of the
mitigating and aggravating circumstances present in the commission
of the offense, the following graduated scales shall be observed by the
courts:
SCALE NO. 1
1. Death
2. Reclusion perpetua
3. Reclusion temporal
4. Prision mayor
5. Prision correccional
6. Arresto mayor
7. Destierro
8. Arresto menor
9. Public censure
10. Fine

SCALE NO. 2
1. Perpetual absolute disqualification
2. Temporary absolute disqualification
 3. Suspension from public office, the right to vote and be
voted for, and the right to follow a profession or calling
4. Public censure
5. Fine

Preventive and Subsidiary Imprisonment

Preventive imprisonment is the incarceration undergone by a
person accused of a crime which is not bailable, or even if bailable,
cannot afford to post the bond. During the trial of his case, he is
detained in jail. He is called a detention prisoner.

Subsidiary imprisonment, on the other hand, is the personal

penalty prescribed by law in substitution of the payment of fine
embodied in the decision when the same cannot be satisfied because
of the culprit’s insolvency (People v. Jarumayan, 52 O.G. 248)
Subsidiary imprisonment is not an accessory penalty; the guilty
person is not bound to undergo the same; even if proper under Art. 39
of the RPC, unless the judgment expressly states. (People v. Fajardo,
65 Phil. 539)

Complex Crimes
When a single act constitutes two or more grave or less grave
felonies, or when an offense is a necessary means for committing the
other, the penalty for the most serious crime shall be imposed, to be
applied in its maximum period.

Two types of complex crime:

(1) when a single act constitutes two or more grave felonies
(“compound crime/delito compuesto”)

An example of s compound crime is the single act of firing a shot

with the same bullet causing the death of two person who were
standing on the same line of the direction of the bullet.

(2) when an offense is a necessary means of committing the

other (“complex crime proper/delito complejo”)

An example of a complex crime proper is falsification of public

document by an accountable officer as a means to commit
malversation.

NOTE: Art. 48 is not applicable in case of special complex

crimes specifically provided for in the RPC (Ex. Robbery with
Homicide. )

In complex crime, although two or more crimes are actually

committed, they
constitute only one crime in the eyes of the law. The offender has only
one criminal intent. Hence, there is only one penalty imposed.

Plurality of Crimes
– consists in the successive execution by the same individual of
different criminal acts upon any of which no conviction has yet been
declared. (Reyes, The Revised Penal Code Criminal Law, Book One
2012 Edition)

Two kinds of plurality of crimes:

(1) Formal or Ideal; and
(2) Real or Material.

In formal or ideal plurality or crime, there is but one criminal

liability. On the other hand, in real or material plurality of crimes,
there are different crimes in law and in the conscience of the offender.

Continuing Crime (Delito Continuado) Defined

A continuing (Continuous) crime is a single crime consisting of a
series of acts arising from one criminal resolution; it is continuous,
unlawful act or series of acts set on foot by a single impulse and
operated by an unintermittent force however long a time it may
occupy. (Reyes, The Revised Penal Code Criminal Law, Book One
2012 Edition)
Examples are the cases of a collector of a commercial firm
misappropriating for his personal use several amounts collected by
him from different persons and a thief taking from the yard of a house
two game roosters belonging to two different persons. (Reyes, The
Revised Penal Code Criminal Law, Book One 2012 Edition)

Habitual Delinquency
Art. 62 of the RPC lays down the rules for the “effects of the
attendance of mitigating or aggravating circumstances and of habitual
delinquency.”

Under Art. 62, a person shall be deemed to be habitual

delinquent, if within a period of ten years from the date of his release
or last conviction of the crimes of serious or less serious physical
injuries, robo, hurto, estafa, or falsification, he is found guilty of any
said crimes a third time or oftener.

Note: Habitual delinquency is not a crime; it is a circumstance

to be considered in the imposition of additional penalty.

Indeterminate Sentence Law (Act No. 4103, As Amended)

The maximum term of the indeterminate penalty, according to
the Indeterminate Sentence Law, is that which, in view of the
attending circumstances, could be properly imposed under the Rules
of the Code. The law leaves it entirely within the sound discretion of
the court to determine the minimum penalty, as long as it anywhere
within the range of the penalty next lower without any reference to
the periods into which it might be subdivided.

The law applies to crimes punished by special laws if said laws

provide for their own maximum and minimum penalties. Where the
special law adopted penalties from the RPC, the Indeterminate
Sentence Law will apply just as it would in felonies. (People v.
Simon,1994)

Purpose of the Law

 The purpose of the Indeterminate Sentence Law is to uplift and
redeem valuable human material and prevent unnecessary and
excessive deprivation of personal liberty and economic usefulness.

Probation Law (PD No. 968)

Probation is a disposition under which a defendant, after
conviction and sentence, is released subject to conditions imposed by
the court and to the supervision of a probation officer.

The purpose of the Probation Law are:

(1) to promote the correction and rehabilitation of an offender
by providing him with individualized treatment;
(2) to provide an opportunity for the reformation of a penitent
offender which might be less probable if here were to serve a
prison sentence; and
(3) to prevent the commission of offenses.

Probation may be granted whether the sentence imposes a term

of imprisonment or a fine with subsidiary imprisonment in case of
insolvency. An application for probation shall be filed with the trial
court.

The filing of the application is deemed a waiver of the right to

appeal. An order granting or denying probation is not appealable
(Sec. 4, P.D. No. 968)

The benefits of the law shall not be extended to those:

(1) sentenced to serve a maximum term of imprisonment of
more than six years:
(2) convicted of subversion or any crime against national
security or the public order;
(3) who have previously been convicted by final judgment of an
offense punished by imprisonment of more than six (6) months
and one (1) day and/or a fine of more than one thousand pesos
(P1,000.00);
(4) who have been once on probation; and
(5) who are already serving sentence at the time the substantive
provision of the Decree became applicable.

Whenever a probationer is permitted to reside in a place under

the jurisdiction of another court, control over him shall be transferred
to the Executive Judge of the Court of First Instance of that place, and
in such a case, a copy of the probation order, the investigation report
and other pertinent records shall be furnished said Executive Judge.
(Sec. 13, P.D No. 968, as amended)

Note: if the accused is sentence to more than six years of

imprisonment even by a day, he is no longer entitled to the
benefits of the Probation Law.

Other Instances When Probation Is Not Applicable

Probation is not applicable in the following instances:
(1) when the accused is convicted under R.A. No. 9165 – the
new Anti- Dangerous Drugs Law except when he is a first offender
minor in which case he is eligible for probation even if the penalty
imposed is more than six years; however, if he is convicted of drug
trafficking or pushing he is disqualified;
(2) if accused appeals his conviction irrespective of the purpose
of the appeal even if it is only to question the propriety of the
penalty imposed;
(3) conviction of an election offense under the Revised Election
Code.

Revocation of Probation
Having the power to grant probation, it follows that the trial
court also has the power to order its revocation in a proper case and
under appropriate circumstances. (Neil V. Suyan v. People of the
Philippines, et al., G.R. No. 189644, July 2, 2014)

EXTINCTION OF CRIMINAL LIABILITY

Total Extinction (Art. 89, RPC)

Criminal Liability is totally distinguished by:

1. Death of the convict;
2. Service of the sentence;
3. Amnesty;
4. Absolute Pardon;
5. Prescription of the crime;
6. Prescription of the penalty; and
7. Marriage of the offended woman, as provided in Art. 344
RPC

Explanation:
1. The death of the convict, whether before or after final
judgment, extinguishes criminal liability. But civil liability is
extinguished only when the death occurs before final judgment. (The
death of the offended party does not extinguish the criminal liability
of the offender as the offense is committed against the State
(People v Misola)
2. Service of sentence in the common mode of extinguishing
criminal liability. (NOTE: The two penalties of reclusion perpetua
should be serve successively in accordance with Article 70 of the RPC.
(People v Tac-an y Hipos)
3. Amnesty denotes the general pardon to rebels for their
treason and other high political offenses.
4. Pardon is an act of grace, proceeding from the power
entrusted with the execution of the laws which exempt the
individual on whom it is bestowed from the punishment which the
law inflicts for the crime he has committed.

Note:
• Amnesty may be exercised even before trial is had.
Pardon is exercised when the person is already convicted.
• Pardon looks forward and relieves the offender from the
consequences of an offense of which he has been
convicted. While amnesty looks backward and abolishes and
 puts into oblivion the offense itself.Absolute pardon removes
all the consequences of conviction because such kind of
pardon blots out the crime committed.

5. Prescription of Crime [forfeiture or loss of the right of the

State to prosecute the offender after the lapse of a certain
time(Art. 90, RPC)

a) Crimes punishable by death, reclusion perpetua or

reclusion temporal shall prescribe in twenty years.
b) Crimes punishable by other afflictive penalties shall
prescribe in fifteen years.
c) Those punishable by a correctional penalty shall prescribe
in ten years; with the exception of those punishable by
arresto mayor, which shall prescribe in five years.
d) The crime of libel or other similar offenses shall prescribe
in one year.
e) The crime of oral defamation and slander by deed shall
prescribe in six months.
f) Light offenses prescribe in two months.

Note: The filing or institution of criminal action interrupts

the period of prescription of the offense charged unless
otherwise provided in special laws, Section 1 Rule 110 of the
Revised Rules of Criminal Procedure). The term of
prescription does not run when the offender is absent from
the Philippines.

6. Prescription of Penalties -loss or forfeiture of the right of the

government to execute the final sentence after the lapse of a
certain time (Art. 92, RPC)

⚫ Death and reclusion perpetua, in twenty years.

⚫ Other afflictive penalties, in fifteen years.
⚫ Correctional penalties in ten years; with the exception
of penalty of arresto mayor, which prescribe in five years;
⚫ Light penalties in one year.

7. Marriage, as a mode of total extinction of criminal liability,

refers only to private crimes where there is no legal impediment.
It should be entered into in good faith. (People v Santiago)

Partial Extinction (Art. 94, RPC)

Criminal liability is partially extinguished by:

1. Conditional Pardon
2. Commutation of the sentence; and
3. Good conduct allowances which the culprit may earn while
he is undergoing preventive imprisonment or serving his
sentence. (Art. 94, as amended by RA 10592)

Explanation:
 1. Conditional pardon is in the nature of a contract, the
condition of which the convict, upon acceptance.Conditional pardon
is given by the Chief Executive under provisions of the Revised
Administrative Code. While parole is given by the Board of
Pardons and Parole.
2. Commutations, which does not affect the issue of guilt of the
convict but only reduces the penalty, is sometimes called “a
pardon in form, not in substance”. Only the President can grant
commutation.
3. Good conduct allowances are now available to both prisoners
by final conviction and detention prisoners. (See Art. 94 & 97 of
the RPC, as amended by R.A. No. 10592) They used to be
available only to prisoners by final conviction. Good conduct
allowances are granted by the Director of the Bureau Of
Corrections, the Chief of the Bureau of Jail Management and
Penology and/or the Warden of a provincial, district, municipal
or city jail. Once granted, they cannot be revoked.