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:

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

For Death, Reclusion Perpetua, or Life Imprisonment:
- Perpetual absolute disqualification.
- Civil interdiction for life.
- Forfeiture of all rights to retirement pay and benefits.
For Reclusion Temporal and Prision Mayor:
- Temporary absolute disqualification during the term of the sentence.
- Perpetual special disqualification from suffrage (voting rights).
For Prision Correccional:
- Suspension of political rights.
- Temporary absolute disqualification.
For Arresto Mayor:
- Suspension of the right to hold office or the right to practice a profession.
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

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