CRIMINAL LAW: REVISED PENAL CODE – BOOK ONE

E. Penalties: Application and Graduation of Penalties

The application and graduation of penalties under the Revised Penal Code (RPC) of the Philippines is a nuanced and critical area of criminal law. This section details the rules governing the imposition, modification, and gradation of penalties. These rules ensure proportionality in punishment and reflect the intent of the law to uphold justice.

1. General Principles

The penalties provided under the Revised Penal Code are imposed following a structured framework to maintain consistency and fairness. This involves considering factors such as:

The gravity of the offense.
Aggravating and mitigating circumstances.
The classification and duration of penalties.
Rules for the application of penalties in complex crimes.

2. Classification of Penalties

Under Article 25 of the RPC, penalties are classified into:

Principal Penalties (Art. 25):
- Capital Punishment: Death (currently abolished but replaced with reclusion perpetua under Republic Act No. 9346).
- Afflictive Penalties: Reclusion perpetua, reclusion temporal, perpetual or temporary absolute or special disqualification, and prision mayor.
- Correctional Penalties: Prision correccional, arresto mayor, suspension, and destierro.
- Light Penalties: Arresto menor and public censure.
Accessory Penalties (Art. 40-45): Automatically imposed alongside principal penalties unless explicitly waived by law, including:
- Perpetual or temporary absolute disqualification.
- Perpetual or temporary special disqualification.
- Civil interdiction.
- Confiscation and forfeiture of instruments and proceeds of the offense.

3. Rules for the Application of Penalties

A. Duration and Computation (Art. 27-39)

Reclusion Perpetua: 20 years and 1 day to 40 years (without eligibility for parole if the crime warrants it under certain laws).
Reclusion Temporal: 12 years and 1 day to 20 years.
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.
Fines: May range based on the gravity of the offense, with specific rules under Art. 26 on their proportionality.

B. Application Based on Stage of Execution

Penalties vary depending on whether the crime is:

Attempted: Penalty is one degree lower than that prescribed for the consummated crime.
Frustrated: Penalty is one degree lower than the consummated crime.
Consummated: Full penalty prescribed by law applies.

C. Rules for Complex Crimes (Art. 48)

Compound Crimes: When a single act constitutes two or more grave or less grave felonies, the penalty for the most severe offense is applied in its maximum period.
Complex Crimes Proper: When an offense is a necessary means to commit another, the penalty for the more severe crime is imposed in its maximum period.

4. Aggravating, Mitigating, and Justifying Circumstances

The graduation of penalties is influenced by these circumstances:

Aggravating Circumstances (Art. 14): Increase the severity of penalties but cannot exceed the maximum prescribed penalty.
Mitigating Circumstances (Art. 13): Reduce the penalty by one degree if no aggravating circumstances are present.
Alternative Circumstances (Art. 15): Relationship, intoxication, and the degree of instruction or education can either mitigate or aggravate penalties.

5. Indeterminate Sentence Law (Act No. 4103)

Applicable to offenses punishable under the RPC, the law mandates:

Imposing a minimum term within the range of the penalty one degree lower than that prescribed by law.
A maximum term within the range of the penalty prescribed for the offense.

6. Special Rules for Penalties

Penalties for Recidivists and Habitual Delinquents (Art. 62): Enhanced penalties are imposed for recidivists or those who commit crimes habitually.
Privileged Mitigating Circumstances (Art. 68-69): Certain circumstances can lower the penalty by more than one degree.
Complex Penalty Rules (Art. 77): When the penalty prescribed is a complex penalty, the duration of the accessory penalties follows the principal penalty.

7. Subsidiary Penalty for Insolvent Offenders (Art. 39)

If an offender cannot pay a fine, subsidiary imprisonment may apply. The length depends on:

The nature of the crime (grave, less grave, or light felony).
The fine's amount.

8. Rules on Service of Penalties

Concurrent or Successive Service (Art. 70): When multiple penalties are imposed, the court determines whether they are served simultaneously or consecutively.
Deduction for Preventive Imprisonment (Art. 29): Time spent in detention is credited toward the service of sentence, with certain exceptions.

9. Effects of Amnesty, Pardon, and Commutation

Amnesty: Extinguishes the penalty and its effects.
Pardon: Does not restore civil rights or benefits unless expressly stated.
Commutation: Reduces the penalty to a lesser one.

10. Penalties Imposed for Accessory Offenses

Accessory penalties are imposed automatically but are co-extensive with the principal penalty unless otherwise stated by law.

By applying the above principles, the Revised Penal Code provides a structured system for penalties that balance justice and rehabilitation while considering the unique circumstances of each case.