Successive Service of Sentence

Under Philippine criminal law, successive service of sentence pertains to the order and manner in which multiple penalties imposed on a convicted individual are served. This doctrine is primarily governed by Articles 70 and 71 of the Revised Penal Code (RPC). Below is an exhaustive discussion on this topic, including principles, legal provisions, and jurisprudence.

1. Legal Basis

Article 70 of the Revised Penal Code

This article outlines the rules for successive service of penalties:

When multiple penalties are imposed on the accused, the maximum duration for their successive service shall not exceed 40 years (known as the "40-year limitation" or prisión perpetua equivalent).
The penalties shall be served successively in the order of their severity, as follows:
- Death
- Reclusión perpetua
- Reclusión temporal
- Prisión mayor
- Prisión correccional
- Arresto mayor
- Arresto menor
- Fine and bond for good behavior (civil obligations).
If the penalties to be served exceed 40 years:
- Only the penalties that fit within the 40-year period shall be served.
- Other penalties are deemed absorbed or not executable due to the limitation.

Article 71 of the Revised Penal Code

Article 71 specifies that penalties of the same kind (e.g., imprisonment, fines) are to be served successively. However:

If the penalties include both afflictive and correctional penalties, afflictive penalties must be served first.

2. Guiding Principles

Successive Service by Order of Severity

Penalties are served in the order of their severity, starting with the highest penalty imposed. For example:

A convict sentenced to reclusión perpetua and prisión correccional will first serve reclusión perpetua before serving prisión correccional.

40-Year Limitation Rule

This limitation is based on humanitarian considerations to avoid indefinite or inhuman punishment. The convict is not required to serve the cumulative penalties if they exceed 40 years.

3. Special Rules

Exception: Indivisible Penalties

When a death penalty is commuted (due to the abolition of the death penalty), it is replaced with reclusión perpetua. However, it does not alter the sequence of penalties to be served.

Exception: Probation and Pardon

Probation, pardon, or parole may intervene to suspend or alter the service of penalties.
A presidential pardon, when granted, can reduce or completely negate penalties.

4. Jurisprudence on Successive Service

People v. Barde (G.R. No. 147678, June 3, 2004)

The Supreme Court upheld that the 40-year limitation applies to ensure the humane treatment of prisoners.

People v. Samson (G.R. No. 133006, August 15, 2000)

This case reiterated the order of service, emphasizing that penalties should be served in order of their severity unless otherwise provided by law.

People v. Lucas (G.R. No. L-56602, May 28, 1984)

The Court clarified the application of the 40-year cap, emphasizing that penalties exceeding this limit are effectively extinguished.

5. Illustrative Example

Case Facts:

A defendant is convicted of:

Reclusión perpetua (40 years)
Prisión mayor (6 years)
Prisión correccional (2 years)

Application:

Serve reclusión perpetua first (40 years).
Since the total penalties (48 years) exceed the maximum, only penalties within the 40-year limit are served.
The prisión mayor and prisión correccional penalties are deemed subsumed due to the 40-year rule.

6. Key Takeaways

The principle of successive service ensures penalties are served in the order of severity.
The 40-year limitation promotes humane treatment by capping the total imprisonment period.
Special considerations apply for probation, pardon, or parole.
Jurisprudence consistently upholds these principles to balance justice with humanity.

This doctrine reflects the intent of Philippine criminal law to administer justice fairly while respecting the rights and dignity of individuals under the penal system.