CRIMINAL LAW > II. REVISED PENAL CODE – BOOK ONE > F. EXECUTION AND SERVICE OF PENALTIES

Execution and Service of Penalties is a critical aspect of the Revised Penal Code (RPC) of the Philippines. It encompasses the legal processes, principles, and rules governing the implementation and fulfillment of penalties imposed by the courts. Below is a meticulous breakdown of the subject matter:

1. GENERAL PRINCIPLES IN EXECUTION AND SERVICE OF PENALTIES

Execution and service of penalties are premised on the following principles:

Legality: Penalties must be imposed and executed in accordance with law (Art. 3, Civil Code; nullum crimen, nulla poena sine lege).
Certainty and Proportionality: Penalties should correspond to the gravity of the offense, ensuring fairness.
Humanitarian Considerations: The execution should respect human dignity and prohibit cruel or degrading punishment (Art. III, Sec. 19, Philippine Constitution).

2. PURPOSE OF PENALTIES

Penalties are imposed to:

Reform and Rehabilitate: Reform the offender to become a law-abiding member of society.
Protect Society: Prevent crime by deterring the offender and others.
Retribution: Impose punishment proportional to the offense.
Restitution: Where applicable, make amends to the offended party.

3. CLASSIFICATION OF PENALTIES UNDER THE RPC

Penalties under the Revised Penal Code are divided into:

Principal Penalties:
- Death (now suspended by R.A. 9346).
- Reclusion perpetua.
- Reclusion temporal.
- Prision mayor.
- Prision correccional.
- Arresto mayor.
- Arresto menor.
- Fine.
Accessory Penalties:
- Perpetual or temporary absolute disqualification.
- Perpetual or temporary special disqualification.
- Civil interdiction.
- Forfeiture of public office or employment.

4. EXECUTION OF PENALTIES

The following rules apply to the execution of penalties:

A. Imposition of Penalties

Judicial Authority: Penalties are imposed only by competent courts after a valid conviction.
No Excess of Sentence: Execution shall not exceed what is expressly stated in the judgment.
Nature and Effects of Penalties: The nature of each penalty, as provided by law, must be observed.

B. Death Penalty (Art. 81-83)

Abolished by R.A. 9346: Death penalty is now replaced by reclusion perpetua.
Suspension: Pregnant women or offenders below 18 years old at the time of the commission of the crime are exempted from execution.

C. Reclusion Perpetua and Reclusion Temporal

Definition:
- Reclusion Perpetua: Imprisonment for 20 years and 1 day to 40 years.
- Reclusion Temporal: Imprisonment for 12 years and 1 day to 20 years.
Place of Confinement: National penitentiary or other facilities under the Bureau of Corrections.
No Parole for Reclusion Perpetua: Persons sentenced to reclusion perpetua are not eligible for parole (R.A. 9346).

D. Prision Mayor, Prision Correccional, Arresto Mayor, and Arresto Menor

Definitions:
- Prision Mayor: 6 years and 1 day to 12 years.
- Prision Correccional: 6 months and 1 day to 6 years.
- Arresto Mayor: 1 month and 1 day to 6 months.
- Arresto Menor: 1 day to 30 days.
Confinement: May be served in provincial jails, city jails, or municipal jails depending on the duration of imprisonment.

5. SERVICE OF PENALTIES

A. Rules for Sentenced Individuals

Voluntary Submission: Offenders surrendering voluntarily may receive mitigating credit during the execution of penalties.
Good Conduct Time Allowance (GCTA):
- Governed by R.A. 10592.
- Inmates may reduce their sentence for good behavior.

B. Accessory Penalties

Automatically imposed as a consequence of certain principal penalties unless otherwise specified by law (e.g., perpetual disqualification from public office after conviction for reclusion perpetua).

C. Special Considerations for Women and Minors

Pregnant Women: Execution of penalties may be deferred until 2 months after childbirth (Art. 83).
Minors: Special rules apply under the Juvenile Justice and Welfare Act (R.A. 9344).

D. Civil Liabilities

Offenders must fulfill civil liabilities as adjudged by the court, including restitution or payment of damages.

6. MODIFICATION AND SUSPENSION OF PENALTIES

Penalties may be modified, reduced, or suspended under the following conditions:

Pardons and Paroles: Granted by the President of the Philippines.
Amnesty: May be declared by the State under specific conditions.
Suspension of Execution: Allowed under special laws or court orders (e.g., probation under P.D. 968).

7. TERMINATION OF PENALTIES

Penalties are terminated upon:

Completion of Sentence: Full service of the imposed penalty.
Death of the Offender: Extinguishes both criminal and civil liability, except obligations arising from contracts (Art. 89).
Amnesty or Pardon: By presidential proclamation.

8. RELEVANT CASE LAW

Key jurisprudence interpreting the execution and service of penalties:

People v. Hernandez: Discussed reclusion perpetua and its accessory penalties.
People v. Temporada: Clarified the rules on mitigating circumstances in execution.
People v. Echegaray: Interpreted the imposition of the death penalty before its abolition.

9. AMENDMENTS AND RELATED LAWS

R.A. 10592: Expanded GCTA and time allowances for prisoners.
R.A. 9346: Abolished the death penalty.
R.A. 10159: Adjusted penalties for certain minor offenses.
R.A. 9344: Juvenile Justice and Welfare Act providing special treatment for children in conflict with the law.

This comprehensive guide provides a structured understanding of the execution and service of penalties under the Revised Penal Code, reflecting not only statutory provisions but also jurisprudential interpretations and contemporary updates.