CRIMINAL LAW

II. REVISED PENAL CODE – BOOK ONE

E. Penalties

3. Duration and Effects of Penalties

The duration and effects of penalties under the Revised Penal Code (RPC) of the Philippines are governed by Articles 27 to 39. These provisions define the temporal limits of penalties, their classifications, and the specific effects they impose on individuals who are convicted. Below is an exhaustive discussion:

1. Classification of Penalties by Duration (Article 27)

a. Reclusion Perpetua and Reclusion Temporal

Reclusion Perpetua:
- Minimum duration of 20 years and 1 day to 40 years.
- Not subject to parole unless explicitly allowed by law after serving the minimum term.
- Accompanied by civil interdiction for life, perpetually barring the convict from holding public office or exercising civil rights.
Reclusion Temporal:
- Minimum of 12 years and 1 day to a maximum of 20 years.
- Can be subject to parole or other mitigating/exonerating circumstances.

b. Prision Mayor and Prision Correccional

Prision Mayor:
- Minimum of 6 years and 1 day to a maximum of 12 years.
- Effects include suspension of civil rights and loss of public office or profession during the term of imprisonment.
Prision Correccional:
- Minimum of 6 months and 1 day to 6 years.
- Temporary deprivation of civil rights such as suffrage while serving the sentence.

c. Arresto Mayor

Minimum of 1 month and 1 day to 6 months.
Involves temporary suspension of civil rights during the imprisonment period.

d. Arresto Menor

Minimum of 1 day to a maximum of 30 days.
Usually for minor offenses and does not carry long-term effects on civil rights.

2. Effects of Penalties

The penalties provided in the RPC include principal effects (those directly imposed by the judgment) and accessory effects (consequences inherent to the penalty).

a. Principal Effects of Penalties

Deprivation of liberty: The convicted person is confined in a penal institution based on the penalty imposed.
Payment of fines: For penalties with monetary components, non-payment may result in subsidiary imprisonment.
Community service (for minor penalties under modern laws): Alternative sentences such as community service can substitute short imprisonment for certain crimes.

b. Accessory Penalties (Article 40 to Article 44)

Penalties under the RPC inherently carry accessory penalties:

Civil Interdiction: Loss of the rights to manage one’s property or dispose of property during imprisonment.
Perpetual or Temporary Absolute Disqualification: Loss of rights such as suffrage and the ability to hold public office permanently (perpetual) or during the term of the penalty (temporary).
Perpetual or Temporary Special Disqualification: Specific disqualification related to the exercise of certain professions or employment.

c. Subsidiary Penalty

If the offender cannot pay fines, a subsidiary imprisonment may be imposed:

Conversion is based on the daily rate of subsidiary imprisonment provided under the law, not exceeding the maximum term of arresto menor.

3. Rules on Duration of Penalties

a. Indeterminate Sentence Law (RA 4103)

Applicable to penalties greater than one year, the law requires that both the minimum and maximum terms of imprisonment be specified:

Minimum term: Anywhere within the range of the penalty next lower in degree.
Maximum term: Within the range of the penalty for the crime committed.

b. Prescription of Penalties

Penalties prescribe, meaning they are no longer enforceable after a certain period:

Reclusion perpetua: 20 years.
Prision mayor: 15 years.
Prision correccional: 10 years.
Arresto mayor and fines: 5 years or less, depending on the amount.

4. Special Rules on Suspension of Sentences

Minor Offenders (RA 9344): Juvenile offenders (below 18) may have their penalties suspended under the Juvenile Justice and Welfare Act.
Probation Law (P.D. 968): Offenders sentenced to imprisonment of 6 years or less may be granted probation instead of serving time in prison.

5. Execution of Sentences

Penalties are executed in accordance with the Penal Code and applicable laws, ensuring adherence to:

Graduated penalties: Penalties escalate based on the gravity of the offense.
Mitigating and Aggravating Circumstances: Adjustments to the duration based on circumstances of the crime or offender's character.

Practical Considerations:

Human Rights Safeguards: Imprisonment must conform to constitutional guarantees of human dignity and legal processes.
Proportionality: Punishments must align with the offense's severity.
Amnesty and Pardon: Can extinguish penalties by executive action.

This meticulous framework ensures the precise application of criminal justice in the Philippines, upholding the balance between deterrence, rehabilitation, and legal safeguards.