(ART 9 IN RELATION TO ART 25 & ART 26 OF THE RPC)

Art. 9. Grave felonies, less grave felonies and light felonies. — Grave felonies are those to which the law attaches the
capital punishment or penalties which in any of their periods are afflictive, in accordance with Art. 25 of this Code.

Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in
accordance with the above-mentioned Art.

Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a fine not exceeding
200 pesos or both; is provided.

Chapter Two

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:

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.

Art. 26. When afflictive, correctional, or light penalty. — A fine, whether imposed as a single of as an alternative
penalty, shall be considered an afflictive penalty, if it exceeds 6,000 pesos; a correctional penalty, if it does not exceed
6,000 pesos but is not less than 200 pesos; and a light penalty if it less than 200 pesos.

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(ART 27 IN RELATION TO ART 40, 41, 42, 43, 44, & 45 OF THE RPC)

Chapter Three

DURATION AND EFFECTS OF PENALTIES

Section One. — Duration of Penalties

Art. 27. Reclusion perpetua. — Any person sentenced to any of the perpetual penalties shall be pardoned after
undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be
considered by the Chief Executive as unworthy of pardon.

Reclusion temporal. — The penalty of reclusion temporal shall be from twelve years and one day to twenty years.

Prision mayor and temporary disqualification. — The duration of the penalties of prision mayor and temporary
disqualification shall be from six years and one day to twelve years, except when the penalty of disqualification is
imposed as an accessory penalty, in which case its duration shall be that of the principal penalty.

Prision correccional, suspension, and destierro. — The duration of the penalties of prision correccional, suspension and
destierro shall be from six months and one day to six years, except when suspension is imposed as an accessory penalty,
in which case, its duration shall be that of the principal penalty.

Arresto mayor. — The duration of the penalty of arresto mayor shall be from one month and one day to six months.

Arresto menor. — The duration of the penalty of arresto menor shall be from one day to thirty days.

Bond to keep the peace. — The bond to keep the peace shall be required to cover such period of time as the court may
determine.

Section Three. — Penalties in which other accessory penalties are inherent

Art. 40. Death; Its accessory penalties. — The death penalty, when it is not executed by reason of commutation or
pardon shall carry with it that of perpetual absolute disqualification and that of civil interdiction during thirty years
following the date sentence, unless such accessory penalties have been expressly remitted in the pardon

Art. 41. Reclusion perpetua and reclusion temporal; Their accessory penalties. — The penalties of reclusion perpetua and
reclusion temporal shall carry with them that of civil interdiction for life or during the period of the sentence as the case
may be, and that of perpetual absolute disqualification which the offender shall suffer even though pardoned as to the
principal penalty, unless the same shall have been expressly remitted in the pardon.

Art. 42. Prision mayor; Its accessory penalties. — The penalty of prision mayor, shall carry with it that of temporary
absolute disqualification and that of perpetual special disqualification from the right of suffrage which the offender shall
suffer although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.
Art. 43. Prision correccional; Its accessory penalties. — The penalty of prision correccional shall carry with it that of
suspension from public office, from the right to follow a profession or calling, and that of perpetual special
disqualification from the right of suffrage, if the duration of said imprisonment shall exceed eighteen months. The
offender shall suffer the disqualification provided in the article although pardoned as to the principal penalty, unless the
same shall have been expressly remitted in the pardon.

Art. 44. Arresto; Its accessory penalties. — The penalty of arresto shall carry with it that of suspension of the right too
hold office and the right of suffrage during the term of the sentence.

Art. 45. Confiscation and forfeiture of the proceeds or instruments of the crime. — Every penalty imposed for the
commission of a felony shall carry with it the forfeiture of the proceeds of the crime and the instruments or tools with
which it was committed.

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(ART 70 (THREE-FOLD RULE))

Art. 70. Successive service of sentence. — When the culprit has to serve two or more penalties, he shall serve them
simultaneously if the nature of the penalties will so permit otherwise, the following rules shall be observed:

In the imposition of the penalties, the order of their respective severity shall be followed so that they may be executed
successively or as nearly as may be possible, should a pardon have been granted as to the penalty or penalties first
imposed, or should they have been served out.

For the purpose of applying the provisions of the next preceding paragraph the respective severity of the penalties shall
be determined in accordance with the following scale:

1. Death,

2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,chan robles virtual law library

6. Arresto mayor,

7. Arresto menor,

8. Destierro,

9. Perpetual absolute disqualification,

10 Temporal absolute disqualification.

11. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling, and

12. Public censure.

Notwithstanding the provisions of the rule next preceding, the maximum duration of the convict's sentence shall not be
more than three-fold the length of time corresponding to the most severe of the penalties imposed upon him. No other
penalty to which he may be liable shall be inflicted after the sum total of those imposed equals the same maximum
period. Such maximum period shall in no case exceed forty years. In applying the provisions of this rule, the duration of
perpetual penalties (pena perpetua) shall be computed at thirty years. (As amended)
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(INDETERMINATE SENTENCE LAW)

1. Indeterminate Sentence Law (Act No. 4103) One of the most important legal doctrines that affects sentencing in the
Philippines is the Indeterminate Sentence Law. Under this law, a person convicted of a crime punishable by
imprisonment for more than one year may be given an indeterminate sentence. This means that the convicted
individual is assigned both a minimum and maximum period of imprisonment.

o Maximum sentence refers to the penalty imposed within the range prescribed by law for the crime
committed.

o Minimum sentence is typically less than the maximum and allows the convicted person to be eligible for
parole once they serve the minimum period.

The goal of the Indeterminate Sentence Law is to give offenders an opportunity for rehabilitation by allowing them early
release based on good behavior. The imposition of an indeterminate sentence is mandatory for certain crimes, but it
excludes offenses punishable by death, life imprisonment, or reclusion perpetua.

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(ART 48 AND KINDS OF COMPLEX CRIMES)

Art. 48. Penalty for 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, the
same to be applied in its maximum period.

In a complex crime, although two or more crimes are actually committed, they constitute only one crime in the eyes of
the law as well as in the conscience of the offender. Hence, there is only one penalty imposed for the commission of a
complex crime.
There are two kinds of complex crime. The first is known as compound crime, or when a single act constitutes two or
more grave or less grave felonies. The second is known as complex crime proper, or when an offense is a necessary
means for committing the other.

The classic example of the first of kind is when a single bullet results in the death of two or more persons. A different
rule governs where separate and distinct acts result in a number killed. Deeply rooted is the doctrine that when various
victims expire from separate shots, such acts constitute separate and distinct crimes.
In the landmark case People v. Guillen, the Court held that the single act of throwing a grenade at President Roxas
resulting in the death of another person and injuring four others produced the complex crime of murder and multiple
attempted murders. Under Article 248 of the RPC, murder is committed when a person is killed by means of explosion.
Applying Article 48 of the RPC, the penalty for the crime committed is death, the maximum penalty for murder, which is
the graver offense.

More recently, in People v. Carpo et al., we held that the single act of hurling a grenade into the bedroom of the victims
causing the death of three persons and injuries to one person constituted the complex crime of multiple murder and
attempted murder. Also, in People v. Comadre, we held:
The underlying philosophy of complex crimes in the Revised Penal Code, which follows the pro reo principle, is intended
to favor the accused by imposing a single penalty irrespective of the crimes committed. The rationale being, that the
accused who commits two crimes with single criminal impulse demonstrates lesser perversity than when the crimes are
committed by different acts and several criminal resolutions.
The single act by appellant of detonating a hand grenade may quantitatively constitute a cluster of several separate and
distinct offenses, yet these component criminal offenses should be considered only as a single crime in law on which a
single penalty is imposed because the offender was impelled by a "single criminal impulse" which shows his lesser
degree of perversity.
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(EXTINCTION OF CRIMINAL LIABILITY, ART 89, 100 & 104)

Chapter One
TOTAL EXTINCTION OF CRIMINAL LIABILITY

Art. 89. How criminal liability is totally extinguished. — Criminal liability is totally extinguished:

1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished
only when the death of the offender occurs before final judgment.

2. By service of the sentence;

3. By amnesty, which completely extinguishes the penalty and all its effects;

4. By absolute pardon;

5. By prescription of the crime;

6. By prescription of the penalty;

7. By the marriage of the offended woman, as provided in Article 344 of this Code.

Title Five

CIVIL LIABILITY

Chapter One
PERSON CIVILLY LIABLE FOR FELONIES

Art. 100. Civil liability of a person guilty of felony. — Every person criminally liable for a felony is also civilly liable.

Chapter Two
WHAT CIVIL LIABILITY INCLUDES

Art. 104. What is included in civil liability. — The civil liability established in Articles 100, 101, 102, and 103 of this Code
includes:

1. Restitution;

2. Reparation of the damage caused;

3. Indemnification for consequential damages.

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Total Extinction of Criminal Liability

How criminal liability is totally extinguished. Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal penalties and as to pecuniary penalties, liability therefor is extinguished
only when the death of the offender occurs before final judgment.
2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty and all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty; By the marriage of the offended woman, as provided in Article 344 of this Code. (Article
89, Revised Penal Code)

By the Death of Convict

 The death of Convict, whether before or after final judgement, extinguishes criminal liability, because one of the
juridical conditions of penalty is that it is personal.
 Civil liability of is extinguished only when death occurs before final judgement.
o The death of the convict also extinguishes pecuniary penalties only when the death of the offender
occurs before final judgement.
o Hence, if the offender dies after final judgement, the pecuniary penalties are not extinguished.

 Final Judgement
o The term employed in the RPC means judgement beyond recall.
o When the judgement has not become executory, it cannot be truthfully said that defendant is definitely
guilty of felony charged against him.

 Effect of the death of the accused pending appeal on his criminal and civil liability
o General rule: Death of the accused pending appeal of his conviction extinguishes his criminal liability as
well as the civil liability based solely on the offense committed.
o Exception: The claim for civil liability survives notwithstanding the death of accused, if the same may
also predicated on a source of obligation other than delict, such as law, contracts, quasi-contracts and
quasi-delicts.

Take note: Death of the offended party does not extinguish the criminal liability of the offender.

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(PARDON VS AMNESTY)

By Amnesty
- It is an act of the sovereign power granting oblivion or a general pardon for a past offense, and is rarely, and is
rarely, if ever, exercised in favor of a single individual, and is usually exerted in behalf of a certain classes of
persons, who are subject to trial but have not yet been convicted. While amnesty out all traces and vestiges of
the crime, it does not extinguish the civil liability of the offender.
By Pardon
- It an act of grace proceeding from the power entrusted with the execution of the laws which exempts the
individual on whom it is bestowed from the punishment the law inflicts for the crime he has committed.
1. Absolute Pardon
2. Conditional Pardon
BOTH DO NOT EXTINGUISHED CIVIL LIABILITY OF THE OFFENDER
A pardon, whether absolute or conditional, is in the nature of a deed, for the validity of which delivery is an
indispensable requisite. Until accepted, all that has been done is a matter of intended favor and may be cancelled. But,
once accepted by the grantee, the pardon already delivered cannot be revoked by the authority which granted it.