CRIMINAL LAW: REVISED PENAL CODE – BOOK ONE > E. PENALTIES

The Revised Penal Code (RPC) of the Philippines, primarily enacted under Act No. 3815, establishes the legal framework for criminal liability and penalties. Book One governs general provisions, including the classification, nature, and application of penalties.

I. CLASSIFICATION OF PENALTIES

Penalties under the RPC are divided into the following categories:

A. According to their Nature

Principal Penalties
These are the main punishments imposed for crimes:
- Capital Punishment (Article 47): Death penalty, reimposed by R.A. No. 7659, suspended under R.A. No. 9346.
- 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
Accessory Penalties
These are automatically imposed alongside certain principal penalties:
- Perpetual or temporary absolute disqualification
- Perpetual or temporary special disqualification
- Civil interdiction
- Forfeiture of public office or employment
Special Penalties (non-classical in nature):
- Fine
- Bond to keep the peace

B. According to Severity

Capital Penalty: Death (suspended as of current laws).
Afflictive Penalties:
- Reclusion perpetua (20 years and 1 day to 40 years)
- Reclusion temporal (12 years and 1 day to 20 years)
- Perpetual or temporary absolute disqualification
- Perpetual or temporary special disqualification
- Prision mayor (6 years and 1 day to 12 years)
Correctional Penalties:
- Prision correccional (6 months and 1 day to 6 years)
- Arresto mayor (1 month and 1 day to 6 months)
- Suspension
- Destierro
Light Penalties:
- Arresto menor (1 day to 30 days)
- Public censure
Fines: Amount varies depending on the law violated and judicial discretion.

II. IMPOSABLE PENALTIES

Penalties are imposed considering:

Penalty prescribed by law: Based on Articles 21–24, penalties are prescribed strictly in accordance with the offense defined.
Stages of Commission (Article 50–57):
- Consummated
- Frustrated
- Attempted
- The penalty is reduced in frustrated or attempted stages.
Participation (Article 45):
- Principals
- Accomplices
- Accessories

III. PRINCIPLES OF PENALTY IMPOSITION

A. Rules for Graduating Penalties (Articles 61–77):

Indeterminate Sentence Law (Act No. 4103):
- Mandates that the court imposes an indeterminate sentence to encourage rehabilitation.
- Minimum: Within the penalty next lower.
- Maximum: Within the penalty prescribed for the offense.
Three-Fold Rule (Article 70):
- The maximum duration of penalties shall not exceed three times the length of the most severe penalty.
- Total imprisonment cannot exceed 40 years.
Mitigating and Aggravating Circumstances (Articles 13–15):
- Mitigating: Decrease penalty (e.g., voluntary surrender, minority).
- Aggravating: Increase penalty (e.g., treachery, recidivism).
- Alternative circumstances: Relationship, intoxication, and degree of instruction.

IV. SPECIAL PROVISIONS ON PENALTIES

Suspension of Death Penalty (R.A. 9346):
The death penalty is replaced with reclusion perpetua or life imprisonment.
Destierro (Article 87):
- Exile from a specified area, often imposed in cases involving slight physical injuries under Article 247 or minor offenses.
Bond to Keep the Peace (Article 35):
- A bond is required to prevent future criminal acts.
Civil Liabilities (Article 38):
- Penalties carry with them obligations to indemnify the victim or pay fines.

V. ACCESSORY PENALTIES AUTOMATICALLY ATTACHED TO PRINCIPAL PENALTIES

Certain principal penalties carry additional consequences:

Reclusion Perpetua and Reclusion Temporal:
- Civil interdiction for life or during the duration of the sentence.
- Perpetual absolute disqualification.
Prision Mayor and Prision Correccional:
- Temporary absolute disqualification.
- Suspension from public office, profession, or calling.
Arresto Mayor:
- Suspension of the right to hold office or profession during imprisonment.

VI. NON-IMPOSABLE PENALTIES

Prohibition Against Imposing Excessive Fines:
- The Constitution forbids cruel or unusual punishments.
Prohibition Against Double Jeopardy:
- A person cannot be penalized twice for the same offense.

VII. MODIFICATION AND EXECUTION OF PENALTIES

A. Probation Law (P.D. No. 968):

Allows first-time offenders (with penalties not exceeding 6 years) to serve their sentence under probation.

B. Parole and Good Conduct Time Allowance (GCTA) (R.A. 10592):

Reduces sentences for good behavior during incarceration.

C. Executive Clemency:

Includes pardon, commutation, and amnesty, granted by the President.

VIII. FINAL REMARKS

Penalties under the Revised Penal Code are guided by principles of proportionality, rehabilitation, and deterrence. The interplay of substantive provisions, rules on graduation, and mitigating/aggravating circumstances ensures that penalties are imposed equitably and justly, aligned with societal goals.