CRIMINAL LAW > II. REVISED PENAL CODE – BOOK ONE > E. PENALTIES > 1. CLASSIFICATION OF PENALTIES

Under the Philippine Revised Penal Code (RPC), penalties are categorized based on various criteria such as their nature, gravity, duration, and manner of execution. This classification system is essential in ensuring proportionality between the crime and its corresponding punishment, as well as in guiding courts on proper imposition of penalties.

A. CLASSIFICATION OF PENALTIES ACCORDING TO THEIR NATURE

Penalties are divided into two primary categories based on their nature:

1. Principal Penalties

These are the main punishments imposed on offenders. They are either:

Capital punishment
Afflictive penalties
Correctional penalties
Light penalties

2. Accessory Penalties

These are penalties that automatically attach to the principal penalty unless expressly exempted. They include civil interdiction, forfeiture of public office, and deprivation of certain rights.

B. CLASSIFICATION ACCORDING TO GRAVITY

The penalties are classified into three main categories based on their severity:

1. Capital Punishment

Death Penalty (currently suspended under Republic Act No. 9346, which prohibits its imposition).

2. 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)

3. Correctional Penalties

Prision correccional (6 months and 1 day to 6 years)
Arresto mayor (1 month and 1 day to 6 months)
Suspension
Destierro (banishment; restrains the offender from living or entering a specified place)

4. Light Penalties

Arresto menor (1 day to 30 days)
Public censure

C. CLASSIFICATION ACCORDING TO DURATION

Article 27 of the Revised Penal Code provides the exact durations for each penalty:

1. Reclusion Perpetua

Imprisonment for 20 years and 1 day to 40 years.
Civil interdiction for life.
Perpetual absolute disqualification.

2. Reclusion Temporal

Imprisonment for 12 years and 1 day to 20 years.
Includes accessory penalties of civil interdiction and perpetual absolute disqualification.

3. Prision Mayor

Imprisonment for 6 years and 1 day to 12 years.
Includes temporary absolute disqualification and perpetual special disqualification.

4. Prision Correccional

Imprisonment for 6 months and 1 day to 6 years.
Includes suspension from public office and rights.

5. Arresto Mayor

Imprisonment for 1 month and 1 day to 6 months.
Includes suspension of suffrage.

6. Arresto Menor

Imprisonment for 1 day to 30 days.

7. Destierro

Banishment, restraining the offender from entering a specific place for a certain time.

D. CLASSIFICATION ACCORDING TO MANNER OF EXECUTION

The penalties are executed in different ways, as follows:

1. Deprivation of Life

Previously by death penalty (methods such as electrocution, gas chamber, or lethal injection were used before suspension).

2. Deprivation of Liberty

Includes penalties such as reclusion perpetua, reclusion temporal, prision mayor, prision correccional, arresto mayor, and arresto menor.

3. Deprivation of Rights

Covers civil interdiction, suspension, disqualification from public office, and forfeiture of rights and benefits.

4. Pecuniary Penalties

Fines or indemnities.

5. Accessory Penalties

Includes perpetual or temporary disqualification, civil interdiction, confiscation of instruments used in the crime, etc.

E. DISTINCTIONS BETWEEN PENALTIES

Indivisible vs. Divisible Penalties
- Indivisible penalties: Cannot be subdivided (e.g., death, reclusion perpetua).
- Divisible penalties: Can be further classified into periods (e.g., minimum, medium, and maximum).
Principal vs. Accessory Penalties
- Principal penalties: Directly imposed (e.g., imprisonment, fine).
- Accessory penalties: Automatically follow the principal penalty (e.g., disqualification, civil interdiction).

F. ACCESSORY PENALTIES (Article 40-44)

Accessory penalties automatically attach to specific principal penalties unless modified by law. Examples include:

Civil interdiction: Loss of parental and marital authority and restrictions on property transactions.
Perpetual or temporary absolute disqualification: Loss of all public offices or employments.
Perpetual or temporary special disqualification: Loss of specific rights, such as the right to vote or hold specific offices.
Confiscation of instruments used in the crime.

G. IMPOSITION OF PENALTIES (Articles 45-77)

1. Rules on Indeterminate Sentence Law (Act No. 4103)

For penalties exceeding one year, courts must impose a range (minimum and maximum period).

2. Graduation of Penalties

Penalties are graduated by their severity, forming a hierarchy.

3. Mitigating, Aggravating, and Alternative Circumstances

Courts consider these to determine the proper penalty within the range.

4. Periods of Penalties

Divisible penalties have three periods: minimum, medium, and maximum, to account for modifying circumstances.

H. SUSPENSION OF THE DEATH PENALTY

Under Republic Act No. 9346 (2006):

The death penalty is suspended.
Crimes punishable by death are now penalized with reclusion perpetua.

This framework ensures that penalties under the RPC are systematically applied, safeguarding fairness, deterrence, and retribution.