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Classification of Penaltiew

The document outlines various classes and durations of penalties under a legal code, including capital punishment, afflictive, correctional, and light penalties. It specifies the duration of each penalty type, the computation of penalties, and rules for graduating penalties based on the nature of the crime. Additionally, it provides a tabulation of penalties for different crime scenarios and the legal periods for divisible penalties.

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0% found this document useful (0 votes)
15 views4 pages

Classification of Penaltiew

The document outlines various classes and durations of penalties under a legal code, including capital punishment, afflictive, correctional, and light penalties. It specifies the duration of each penalty type, the computation of penalties, and rules for graduating penalties based on the nature of the crime. Additionally, it provides a tabulation of penalties for different crime scenarios and the legal periods for divisible penalties.

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lolippopsicles2
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© © All Rights Reserved
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Scale PRINCIPAL PENALTIES

Capital punishment: Death

Afflictive penalties: Reclusion perpetua,


Reclusion temporal
Perpetual or temporary absolute
disqualification,chan robles virtual law library
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 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.

FINE
AFFLICTIVE Exceeds 1.2M (whether imposed as a single or
alternative penalty)
CORRECTIONAL Does not exceed 1.2M but is not less than 40k
Light Penalty Less than 40k

CLASSIFICATION OF PENALTIES

Art. 25. Penalties which may be imposed. — The penalties which may be imposed according to this
Code, and their different classes, are those included in the following;
DURATION OF PENALTIES
RECLUSION PERPETUA 20 YEARS AND 1 DAY
RECLUSION TEMPORAL 12 YEARS AND 1 DAY TO 20 YEARS
PRISION MAYOR AND TEMPORARY 6 YEARS AND 1 DAY TO 12 YEAR
DISQUALIFICATION Exc: when the penalty of disqualification is
imposed as an accessory penalty, in which case,
its duration shall be that of the principal
PRISION CORRECCIONAL, SUSPENSION, AND 6 MONTHS AND 1 DAY TO 6 YEARS
DESTIERRO Exc: 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 Required to cover such period of time as the
court may determine
COMPUTATION OF PENALTIES
OFFENDER SHALL BE IN PRISON Term of duration shall be computed from the day
on which the judgement of conviction shall have
become final
OFFENDER NOT IN PRISON Term of duration of the penalty consisting the
deprivation of liberty shall be computed from the
day that the offender is placed at the disposal of
the judicial authorities for the enforcement of the
penalty.
Other penalties:
Duration shall be computed only from the day on
which the defendant commences to serve his
sentence
ARTICLE 61. Rules for Graduating Penalties

TABULATION OF THE PROVISIONS OF THE CHAPTER

Penalty Penalty to be Penalty to be Penalty to be Penalty to be


Prescribe for imposed upon the imposed upon the imposed upon imposed upon
the crime principal in a principal in an the accessory in the accessory in
frustrated crime, attempted crime, a frustrated an attempted
and accomplice in the accessory in crime, and the crime
a consummated the consummated accomplices in
crime crime and the an attempted
accomplices in a crime
frustrated crime.

First Case Death Reclusion Reclusion Prision Mayor Prision


Perpetua Temporal Correccional

Second Case Reclusion Reclusion Prision Mayor Prision Arresto Mayor


Perpetua to Temporal Correccional
Death

Third Case Reclusion Prision Mayor in Prision Arresto Mayor in Fine and Arresto
Temporal in its its maximum correccional in its it s maximum Mayor in its
maximum period maximum period period to prision minimum and
period to death to reclusion to prision correccional in medium periods
temporal in its mayor in its its medium
medium period medium period period

Fourth Case Prision Mayor in Prision Arresto mayor in Fine and Arresto
its maximum correccional in its its maximum Mayor in its
period maximum period period to prision minimum and
to reclusion to prision correccionalin its medium periods
temporal in its mayor in its medium period.
medium period. medium period.
ARTICLE 76. Legal Period of Duration of Divisible Penalties. — The legal period of duration of divisible
penalties shall be considered as divided into three parts, forming three periods, the minimum, the
medium, and the maximum in the manner shown in the following table:

TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME INCLUDED IN EACH OF THEIR
PERIODS

Penalties Time included in Time included in Time included in Time included in


the penalty in its its minimum its medium period its maximum
entirety period

Reclusion temporal From 12 years and From 12 years and From 14 years, 8 From 17 years, 4
1 day to 20 years. 1 day to 14 years months and 1 day months and 1 day
and 8 months. to 17 years and 4 to 20 years.
months.

Prision mayor, absolute From 6 years and 1 From 6 years and 1 From 8 years and 1 From 10 years and
disqualification and day to 12 years. day to 8 years. day to 10 years. 1 day to 12 years.
special temporary
disqualification

Prision From 6 months From 6 months From 2 years, 4 From 4 years, 2


correccional, suspension and 1 day to 6 and 1 day to 2 months and 1 day months and 1 day
anddestierro years. years and 4 to 4 years and 2 to 6 years.
months. months.

Arresto mayor From 1 month and From 1 to 2 From 2 months From 4 months
1 day to months. months. and 1 day to 4 and 1 day to 6
months. months.

Arresto menor From 1 to 30 days. From 1 to 10 days. From 11 to 20 From 21 to 30


days. days.

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