Penalties

Subsidiary Penalty | Penalties | REVISED PENAL CODE – BOOK ONE

Subsidiary Penalty under the Revised Penal Code (RPC) of the Philippines

Definition and Purpose
The subsidiary penalty is a secondary or substitute punishment imposed on a convicted individual who fails to pay the pecuniary penalties (fines, costs, or indemnities) imposed by the court. It ensures that the penalty is not rendered ineffective due to the convict's insolvency or inability to pay.

Legal Basis

  • Article 39, Revised Penal Code: Subsidiary imprisonment is specifically addressed in Article 39 of the Revised Penal Code (RPC), as amended. This provision explains when and how a subsidiary penalty is imposed for failure to satisfy fines.

Key Provisions of Article 39 (RPC)

  1. Applicability

    • Subsidiary imprisonment applies only when the convict is unable to pay fines imposed as part of the sentence.
    • It is not applicable if the penalty imposed is purely imprisonment, nor does it apply when fines are voluntarily paid.

  2. Computation of Subsidiary Imprisonment

    • The duration of subsidiary imprisonment is determined by converting the unpaid fine into days of imprisonment.
    • Conversion Rate: One day of imprisonment for every ₱8.00 of unpaid fine.
    • Maximum Duration:
      • For Light Penalties: Up to one-third of the principal penalty, but not exceeding 30 days.
      • For Other Penalties: Not exceeding the duration of the principal penalty.

  3. Exclusions and Limitations

    • Habitual Delinquents: Subsidiary imprisonment is not applicable to habitual delinquents as defined in the RPC.
    • Maximum Limits: The subsidiary penalty cannot exceed the duration of the principal penalty.

  4. Application to Different Sentences

    • Subsidiary imprisonment is cumulative when there are multiple fines imposed. Each unpaid fine is converted individually, and the subsidiary penalties for each are served successively.

  5. Nature of Imprisonment

    • The convict serving subsidiary imprisonment is not considered a detention prisoner but rather a convicted prisoner serving a penalty.

Examples of Application

  • Example 1: Fine for Grave Felonies
    A convict sentenced to reclusión perpetua (which does not include a fine) cannot be subjected to subsidiary imprisonment since no fine is imposed.

  • Example 2: Fine for Light Offense
    A convict fined ₱200 for unjust vexation fails to pay the fine. The unpaid amount is converted to 25 days of subsidiary imprisonment (₱200 ÷ ₱8 = 25 days).

  • Example 3: Multiple Fines
    If a convict owes ₱1000 and ₱500 under two separate cases and cannot pay either fine, the subsidiary penalties are computed separately (125 days for the first fine and 62.5 days for the second fine).

Amendments and Jurisprudence

  • RA 10159: The fine-to-subsidiary penalty conversion rate of ₱8 per day was retained in this amendment. However, subsequent jurisprudence reflects adjustments in certain circumstances to align with contemporary realities.

  • Jurisprudence:

    • In People v. Diaz, the Supreme Court ruled that subsidiary penalties are mandatory unless explicitly excluded in the judgment.
    • In People v. Ong, it was clarified that the subsidiary penalty is imposed only if the convict fails to pay the fine, and this does not extend beyond the principal penalty.

Related Concepts

  1. Civil Obligations in Criminal Cases:

    • If indemnities or restitution are not paid, the convict is civilly liable, but this does not automatically convert to subsidiary imprisonment.

  2. Good Conduct Time Allowance (GCTA):

    • The convict serving a subsidiary penalty may earn time deductions under the GCTA law, reducing the period of imprisonment.

Practical Implications

  1. Ensuring Justice: The subsidiary penalty ensures that convicts are not excused from their penalties solely due to insolvency.
  2. Rights of the Convict:
    • The convict retains the right to petition for alternatives, such as partial payments or installment arrangements, subject to judicial discretion.
  3. Enforcement and Execution:
    • The court issues a writ of execution to enforce the pecuniary penalty. If the fine remains unpaid after diligent efforts, subsidiary imprisonment is implemented.

Conclusion

Subsidiary penalties are a critical mechanism in the Philippine criminal justice system. They uphold the principles of fairness and accountability, ensuring that monetary penalties are not evaded. While limited by the principal penalty's duration and certain exclusions, the subsidiary penalty reflects the balance between retribution and practicality in enforcing justice.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Preventive Imprisonment | Penalties | REVISED PENAL CODE – BOOK ONE

Preventive Imprisonment under the Revised Penal Code of the Philippines

Preventive imprisonment refers to the detention of an accused person pending trial or before the judgment becomes final and executory. The Philippine Revised Penal Code (RPC), particularly under Book One and the provisions on penalties, outlines specific rules governing preventive imprisonment. Below is a meticulous examination of the concept, rules, implications, and related jurisprudence:

1. Legal Basis

The primary provisions governing preventive imprisonment can be found in Article 29 of the Revised Penal Code. This article provides for the deduction of the period of preventive imprisonment from the sentence of an accused who has been convicted.

2. General Rule

When an accused has undergone preventive imprisonment, the period spent in detention shall be credited in full in their favor for the service of their sentence. This is contingent on certain conditions being met, which are further detailed below.

3. Conditions for Full Deduction

For the full period of preventive imprisonment to be deducted, the accused must have:

  1. Voluntarily agreed in writing to abide by the disciplinary rules imposed during their preventive imprisonment.
  2. Otherwise, the deduction shall only be four-fifths (4/5) of the period of detention.

4. Exclusions from Preventive Imprisonment Deduction

The credit for preventive imprisonment shall not apply to the following:

  • Habitual delinquents;
  • Those who escape from detention;
  • Those who violate the conditions of bail; or
  • Accused convicted of crimes punishable by death, reclusion perpetua, or life imprisonment, unless they voluntarily agreed in writing to abide by prison rules.

5. Procedure for Application

  • The trial court determines the period of preventive imprisonment during the promulgation of judgment.
  • If the judgment becomes final, the period of preventive imprisonment is subtracted from the total penalty imposed.
  • The computation must also consider adjustments based on voluntary compliance with prison rules.

6. Key Principles

a. Voluntary Agreement to Prison Rules

  • A written agreement is required for the accused to avail of the full credit of their preventive detention.
  • Compliance is assessed based on adherence to the disciplinary rules of the facility.

b. Good Faith

  • Courts presume good faith in the absence of evidence of disciplinary violations, particularly when the accused availed themselves of the full credit.

c. Impact on Sentences with Indeterminate Penalties

  • Preventive imprisonment is credited to both the minimum and maximum terms of the indeterminate sentence.

7. Jurisprudence

Several Supreme Court rulings clarify and apply the provisions of Article 29:

  1. People v. Alcaraz (G.R. No. L-38960): Emphasized the need for voluntary agreement to rules for full credit.
  2. People v. Jovellano (G.R. No. L-60768): Clarified that escape during preventive imprisonment forfeits the credit.
  3. People v. Estoya (G.R. No. L-57012): Stressed the importance of accurately recording the period of preventive imprisonment to avoid injustices in sentencing.

8. Practical Implications

For the Accused:

  • Preventive imprisonment is an opportunity to mitigate the length of the sentence through good conduct.
  • It highlights the necessity of voluntarily submitting to the disciplinary rules to ensure maximum benefits.

For Legal Practitioners:

  • Defense attorneys must advise clients on the benefits of complying with prison rules during preventive detention.
  • Ensure accurate documentation of the detention period to prevent miscalculations.

For Courts and Detention Facilities:

  • Courts are tasked with meticulously computing creditable preventive imprisonment.
  • Detention facilities must maintain clear records of compliance with disciplinary rules.

9. Recent Developments

Under Republic Act No. 10592, which amended Article 29, there is a stronger emphasis on recognizing good conduct during preventive imprisonment. This law aims to ensure fairness and further promote rehabilitation.

Key amendments include:

  • The granting of Good Conduct Time Allowance (GCTA) for preventive prisoners.
  • Integration of reforms ensuring transparency and accountability in computing credits.

10. Summary

Preventive imprisonment under the Revised Penal Code provides a means of ensuring fairness by allowing time spent in detention to count towards a convicted individual’s sentence. However, the application of Article 29 is subject to specific conditions, exclusions, and requirements. The implementation of this provision is guided by fairness, transparency, and adherence to procedural and substantive justice principles.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Application and Graduation of Penalties | Penalties | REVISED PENAL CODE – BOOK ONE

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:

  1. 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.

  2. 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)

  1. 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.
  2. 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.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Duration and Effects of Penalties | Penalties | REVISED PENAL CODE – BOOK ONE

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

  1. Deprivation of liberty: The convicted person is confined in a penal institution based on the penalty imposed.
  2. Payment of fines: For penalties with monetary components, non-payment may result in subsidiary imprisonment.
  3. 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:

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

Practical Considerations:

  1. Human Rights Safeguards: Imprisonment must conform to constitutional guarantees of human dignity and legal processes.
  2. Proportionality: Punishments must align with the offense's severity.
  3. 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.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Principal and Accessory Penalties | Penalties | REVISED PENAL CODE – BOOK ONE

CRIMINAL LAW

II. REVISED PENAL CODE – BOOK ONE

E. Penalties
2. Principal and Accessory Penalties

The penalties under the Revised Penal Code (RPC) of the Philippines are classified into principal penalties and accessory penalties, and their imposition is governed by various provisions of the Code. Here is a detailed and meticulous discussion of these penalties:

I. Principal Penalties

Principal penalties are those directly imposed by the court in the judgment of conviction and are the primary sanctions for the commission of a crime.

A. Classification of Principal Penalties

Principal penalties are categorized based on their severity:

  1. Capital Punishment

    • Death Penalty:
      • Suspended under Republic Act No. 9346, which prohibits the imposition of the death penalty in the Philippines.
      • Crimes punishable by death are now commuted to reclusion perpetua or life imprisonment.

  2. Afflictive Penalties

    • Reclusion Perpetua: Imprisonment for 20 years and 1 day to 40 years, with the possibility of parole under certain conditions.
    • Reclusion Temporal: Imprisonment for 12 years and 1 day to 20 years.
    • Perpetual or Temporary Absolute Disqualification:
      • Loss of public office and inability to hold any public office permanently (perpetual) or for a specified time (temporary).
    • Perpetual or Temporary Special Disqualification:
      • Loss of specific privileges or positions in public service.
    • Prision Mayor: Imprisonment for 6 years and 1 day to 12 years.

  3. Correctional Penalties

    • Prision Correccional: Imprisonment for 6 months and 1 day to 6 years.
    • Arresto Mayor: Imprisonment for 1 month and 1 day to 6 months.
    • Suspension:
      • Temporary disqualification from public office or the right to practice a profession or calling.
    • Destierro:
      • Banishment or prohibition from residing within a specified radius from certain places, typically imposed for less severe crimes involving passion or obfuscation.

  4. Light Penalties

    • Arresto Menor: Imprisonment for 1 day to 30 days.
    • Public Censure: Public admonition as part of the court's judgment.

  5. Penalties for Crimes Not Subject to Graduation

    • Fines:
      • Amount is determined by the court, taking into account the gravity of the offense and other mitigating or aggravating circumstances.

II. Accessory Penalties

Accessory penalties are those that are not explicitly imposed by the court but are automatically attached to the principal penalty by operation of law.

A. Instances of Accessory Penalties

Accessory penalties vary depending on the principal penalty imposed:

  1. For Death, Reclusion Perpetua, or Life Imprisonment:

    • Perpetual absolute disqualification.
    • Civil interdiction for life.
    • Forfeiture of all rights to retirement pay and benefits.

  2. For Reclusion Temporal and Prision Mayor:

    • Temporary absolute disqualification during the term of the sentence.
    • Perpetual special disqualification from suffrage (voting rights).

  3. For Prision Correccional:

    • Suspension of political rights.
    • Temporary absolute disqualification.

  4. For Arresto Mayor:

    • Suspension of the right to hold office or the right to practice a profession.

  5. For Destierro, Arresto Menor, and Fines:

    • These penalties generally do not carry accessory penalties, except as otherwise provided by law.

III. Rules on the Application of Principal and Accessory Penalties

The Revised Penal Code lays down specific rules for the application of penalties:

A. Graduation of Penalties

  • Penalties are graduated according to their severity, as illustrated in the penalty ladder of the Code.

B. Indivisibility of Penalties

  • Certain penalties, such as reclusion perpetua and death, are indivisible, meaning they cannot be divided into periods for mitigation or aggravation.

C. Rules on Mitigating and Aggravating Circumstances

  • Penalties may be lowered or increased by one or more degrees based on mitigating or aggravating circumstances.

D. Substitution of Penalties

  • If the prescribed penalty cannot be imposed, the law provides alternative penalties, such as fines or arresto menor, in lieu of imprisonment.

IV. Legal Basis

The provisions on penalties, including principal and accessory penalties, are primarily found in Articles 25 to 44 of the Revised Penal Code.

Key Articles

  • Article 25: Defines principal and accessory penalties.
  • Articles 26 to 44: Elaborate on the nature, imposition, and effects of penalties.

V. Significant Jurisprudence

Philippine case law provides guidance on interpreting and applying principal and accessory penalties. Notable cases include:

  • People v. Temporada: Clarified the mandatory imposition of accessory penalties with reclusion perpetua.
  • People v. Arcega: Emphasized the automatic imposition of accessory penalties even without mention in the judgment.
  • People v. Gabres: Discussed the application of mitigating circumstances in reducing penalties.

VI. Practical Implications

  1. Court Judgment:

    • The court must specify the principal penalty in its decision but is not required to enumerate accessory penalties, as these are imposed by law.

  2. Implementation:

    • The Bureau of Corrections or other authorities must enforce both principal and accessory penalties as mandated.

  3. Commutation and Parole:

    • Principal penalties may be reduced through commutation or parole, but accessory penalties may remain effective, depending on the circumstances.

This comprehensive understanding of principal and accessory penalties ensures adherence to the Revised Penal Code's spirit and principles, safeguarding justice and equity in the penal system.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Classification of Penalties | Penalties | REVISED PENAL CODE – BOOK ONE

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

  1. 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).

  2. 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:

  1. Civil interdiction: Loss of parental and marital authority and restrictions on property transactions.
  2. Perpetual or temporary absolute disqualification: Loss of all public offices or employments.
  3. Perpetual or temporary special disqualification: Loss of specific rights, such as the right to vote or hold specific offices.
  4. 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.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Penalties | REVISED PENAL CODE – BOOK ONE

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

  1. 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

  2. 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

  3. Special Penalties (non-classical in nature):

    • Fine
    • Bond to keep the peace

B. According to Severity

  1. Capital Penalty: Death (suspended as of current laws).

  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

  4. Light Penalties:

    • Arresto menor (1 day to 30 days)
    • Public censure

  5. Fines: Amount varies depending on the law violated and judicial discretion.

II. IMPOSABLE PENALTIES

Penalties are imposed considering:

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

III. PRINCIPLES OF PENALTY IMPOSITION

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

  1. 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.

  2. 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.

  3. 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

  1. Suspension of Death Penalty (R.A. 9346):
    The death penalty is replaced with reclusion perpetua or life imprisonment.

  2. Destierro (Article 87):

    • Exile from a specified area, often imposed in cases involving slight physical injuries under Article 247 or minor offenses.

  3. Bond to Keep the Peace (Article 35):

    • A bond is required to prevent future criminal acts.

  4. 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:

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

VI. NON-IMPOSABLE PENALTIES

  1. Prohibition Against Imposing Excessive Fines:
    • The Constitution forbids cruel or unusual punishments.
  2. 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.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login