Article 24, Revised Penal Code: Measures of Prevention or Safety Which Are Not Considered Penalties

ARTICLE 24, REVISED PENAL
CODE
Measures of Prevention or Safety

Which are Not Considered Penalties
THE FOLLOWING SHALL NOT BE
CONSIDERED AS PENALTIES
1. The arrest and temporary detention of accused persons, as well as their detention by
reason of insanity or imbecility, or illness requiring their confinement in a hospital.
2. The commitment of a minor to any of the institutions mentioned in article 80 and for
the purposes specified therein.
3. Suspension from the employment or public office during the trial or in order to
institute proceedings.
4. Fines and other corrective measures which, in the exercise of their administrative or
disciplinary powers, superior officials may impose upon their subordinates.
5. Deprivation of rights and the reparations which the civil laws may establish in penal
form.
REASONS WHY THEY ARE NOT
PENALTIES
1. They are not imposed as a result of judicial proceedings

and are mere preventive measures before the conviction of
offenders specifically paragraph 1, 3, and 4.
2. The offender is not subjected to or made to suffer these

measures in expiation of or as punishment for a crime
TH E A RR ES T A N D TEM P O R A RY D E TE N T I O N O F
A C CU S E D PE RS O N S , A S W E LL A S T H E I R D E TE N T I O N
BY REA S O N O F I N S A N I TY O R I M BE CI L I T Y, O R
I L L N ES S R EQ U I R I N G TH E I R CO N F I N E M EN T I N A
H O S P I TA L .
Does not refer to confinement of an insane or

imbecile for the commission of the crime. It refers to
“accused persons” who are detained by reason of
insanity or imbecility
TH E CO M M I T ME N T O F A M I N O R TO A N Y O F T H E
I N S T I T U TI O N S ME N T I O N ED I N A RT I CL E 8 0 A N D
F O R T H E P U RP O SE S S P ECI FI ED T H E RE I N .
• Suspension of sentence of minor delinquents as repealed by PD 603: CHILD AND YOUTH WELFARE
CODE and PD 1179
• Governed by Chapter 3 Title VIII of PD 603
• A youthful offender is one who is over nine years but under eighteen years of age at the time of the
commission of the offense. (PD 1179)
• A child nine years of age or under at the time of the offense shall be exempt from criminal liability and
shall be committed to the care of his or her father or mother, or nearest relative or family friend in the
discretion of the court and subject to its supervision. The same shall be done for a child over nine years and
under fifteen years of age at the time of the commission of the offense, unless he acted with discernment,
in which case he shall be proceeded against in accordance with Article 192.
• Art. 192. Suspension of Sentence and Commitment of Youthful Offender. If after hearing the
evidence in the proper proceedings, the court should find that the youthful offender has committed
the acts charged against him, the court shall determine the imposable penalty, including any civil
liability chargeable against him. However, instead of pronouncing judgment of conviction, the
court, upon application of the youthful offender if it finds that the best interest of the public as
well as that of the offender will be served thereby, may suspend all further proceedings and
commit such minor to the custody of care of the Department of Social Welfare, or to any
training institution operated by the government or any other responsible person until he shall
have reached twenty-one years of age, or for a shorter period as the court may deem proper,
after considering the reports and recommendations of the Department of Social Welfare or the
government training institution or responsible person under whose care he has been committed.
• Upon receipt of the application of the youthful offender for suspension of his sentence, the court may require the Department
of Social Welfare to prepare and submit to the court a social case study report over the offender and his family.
• The youthful offender shall be subject to visitation and supervision by a representative of the Department of Social Welfare or
government training institution as the court may designate subject to such conditions as it may prescribe.
• The benefits of this article shall not apply to a youthful offender who has once enjoyed suspension of sentence under its
provisions or to one who is convicted of an offense punishable by death or life imprisonment.
S U S P EN S I O N FR O M TH E EM P LO Y ME N T O R P U BL I C
O F F I CE D U RI N G T H E T RI A L O R I N O RD E R TO
I N S T I T U T E P R O CE ED I N G S.
F I N ES A N D O T H E R CO R REC TI V E M EA SU RE S
W H I CH , I N T H E E X E RCI SE O F T H E I R
A D M I N I S T RATI V E O R D I SC I P LI N A RY P O W ER S ,
S U P ER I O R O FF I C I A L S M AY I MP O SE U P O N TH EI R
S U BO R D I N AT ES
• Refer to administrative suspension and

administrative fines and not suspension or fines as
penalties for the violation of the Revised Penal
Code
DEP RIVATI ON OF RIGHTS AND THE R EPAR ATIONS
WHIC H THE CIVIL LAW S MAY ES TABLIS H IN P ENAL
FOR M
• Illustrated in the case of parents who are deprived

of their parental authority if found guilty of the
crime of corruption of their minor children in
accordance with Article 332 of the Civil Code
THANK YOU

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ARTICLE 24, REVISED PENAL

Measures of Prevention or Safety

1. They are not imposed as a result of judicial proceedings

2. The offender is not subjected to or made to suffer these

Does not refer to confinement of an insane or

• Refer to administrative suspension and

• Illustrated in the case of parents who are deprived

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