Forty (40) Essential Points on Penalties

1. "Penalty“ is defined as "[p]unishment imposed on a wrongdoer

usually in the form of imprisonment or fine"; "[p]unishment
imposed by lawful authority upon a person who commits a
deliberate or negligent act." Punishment, in turn, is defined as
"[a] sanction - such as fine, penalty, confinement, or loss of
property, right, or privilege - assessed against a person who
has violated the law.” [Samahan ng mga Progresibong
Kabataan v. Quezon City, G.R. No. 225442, 8 August 2017]

2. No felony shall be punishable by any penalty not prescribed by

law prior to its commission. [REV. PEN. CODE, art. 21] In turn,
the penalties that may be imposed, according to the Revised
Penal Code, are those enumerated in Article 25 thereof.

Nevertheless, take note that Article 22 of the Revised Penal

Code allows the retroactive application of a penal law if it is
favorable to the accused who is not a habitual delinquent. As
such, a penalty which is favorable to the accused may be
applied retroactively.

For example, Republic Act No. 11362 (2018) or the Community

Service Act authorizes the court in its discretion to require
community service in lieu of service in jail for offenses
punishable by arresto menor and arresto mayor. Community
service shall consist of any actual physical activity which
inculcates civic consciousness, and is intended towards the
improvement of a public work or promotion of a public service.
[REP. ACT NO. 11362 (2018), sec. 2, now Rev. Pen. Code, art.
88a]

3. Penalties are classified into: (a) principal and accessory

penalties, (b) divisible and indivisible penalties, (c) on the basis
of gravity, whether capital, afflictive, correctional and light
penalties, and (d) on the basis of subject matter, whether
corporal, deprivation of freedom, restriction of freedom,
disqualification or pecuniary.
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4. Principal penalties need to be imposed in the judgment of the

court for it to be executed. [REV. PEN. CODE, art. 78]

On the other hand, accessory penalties follow the principal

penalties. The Revised Penal Code provides that, whenever the
courts shall impose a penalty which, by provision of law
carries with it other penalties, according to the provisions of
articles 40, 41, 42, 43, 44 and 45, it must be understood that
the accessory penalties are also imposed upon the convict.
[REV. PEN. CODE, art. 73]

5. There are fourteen (14) principal penalties which may be

imposed pursuant to Article 25 of the Revised Penal Code,
namely:

(a) death;

(b) reclusion perpetua;

(c) reclusion temporal;

(d) perpetual or temporary absolute disqualification;

(e) perpetual or temporary special disqualification;

(f) prision mayor;

(g) prision correccional;

(h) arresto mayor;

(i) suspension;

(j) destierro;

(k) arresto menor;

(l) public censure;

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(m) fine; and

(n) bond to keep the peace.

6. There are seven (7) accessory penalties which may be imposed

pursuant to Article 25 of the Revised Penal Code, namely:

(a) perpetual or temporary absolute disqualification;

(b) perpetual or temporary special disqualification;

(c) suspension from public office, the right to vote and be

voted for, the profession or calling;

(d) civil interdiction;

(e) indemnification;

(f) Forfeiture or confiscation of instruments and proceeds of

the offense; and

(g) payment of costs.

7. The 1987 Constitution prohibited the imposition of the death

penalty unless, for compelling reasons involving heinous
crimes, the Congress deemed it necessary to impose it.
[CONST., art. III, sec. 19 (1)]
 
Pursuant to the 1987 Constitution, Congress enacted Republic
Act No. 7659 (1993), which imposed the death penalty on
certain heinous crimes. The law took effect on 31 December
1993.

Subsequently, the death penalty was prohibited from being

imposed by Republic Act No. 9346 (2006) or An Act Prohibiting
the Imposition of Death Penalty in the Philippines. Rep. Act
No. 9346 was enacted into law on 24 June 2006 and took
effect on 14 July 2006.
4

8. People v. Bon, G.R. No. 166401, 30 October 2006 held that the
death penalty shall no longer form part of the graduation of
penalties. Nevertheless, the Supreme Court subsequently held
that for purposes of determining the proper penalty because of
the privileged mitigating circumstance of minority, the penalty
of death is still the penalty to be reckoned with. [People v.
Sarcia, G.R. No. 169641, 10 September 2009 and People v.
Deliola, G.R. No. 200157, 31 August 2016] As it is, the death
penalty should not be included in the graduation of the
penalties except when the convict is a child in conflict of the
law entitled to the privileged mitigating circumstance of
minority in which case the penalty of death shall be included
in the graduation of penalties.

9. Reclusion perpetua is not the same as life imprisonment.

The Revised Penal Code does not prescribe the penalty of life
imprisonment for any of the felonies therein defined, that
penalty being invariably imposed for serious offenses penalized
not by the Revised Penal Code but by special law.

Reclusion Perpetua  entails imprisonment for at least thirty

(30) years after which the convict becomes eligible for pardon.
[This has been amended by Rep. Act No. 7659 (1993) which
states that reclusion perpetua shall be from twenty (20) years
and one (1) day to forty (40) years.] It also carries with it
accessory penalties, namely: perpetual special disqualification
and civil interdiction. It is not the same as life imprisonment
which, for one thing, does not carry with it any accessory
penalty, and for another, does not appear to have any definite
extent or duration. [Administrative Circular No. 6-A-92,
Supreme Court, 21 June 1993]

10. The penalty of destierro means banishment or a prohibition

from residing within the radius of 25 kilometers from the
actual residence of the accused for a specified length of time.
Although destierro does not constitute imprisonment (which is
a typical example of deprivation of liberty), it is nonetheless a
5

deprivation of liberty. [People v. Dionisia Bastasa, G.R. No.

32792, 2 February 1979]

11. Fine is a principal penalty imposed under Article 25 of the

Revised Penal Code.

It is a pecuniary penalty and is considered as an afflictive

penalty if it exceeds One million two hundred thousand pesos
(P1,200,000.00), a correctional penalty if it does not exceed
P1,200,000.00 but is not less than Forty thousand pesos
(P40,000.00), and a light penalty if it be less than P40,000.00.
[REV. PEN. CODE, art. 26]

12. Civil interdiction shall deprive the offender during the time of
his sentence of the rights of parental authority, or
guardianship, either as to the person or property of any ward
or marital authority, of the right to manage his property and of
the right to dispose of such property by any act or any
conveyance inter vivos. [REV. PEN. CODE, art. 34]

13. Divisible penalties are those that have a fixed duration and are
divisible into three periods. These include reclusion temporal,
prision mayor, prision correccional, destierro, suspension,
arresto mayor, arresto menor, fine and bond to keep the peace.

Indivisible penalties are those which have no fixed duration.

These include death, reclusion perpetua, perpetual absolute or
special disqualification and public censure.

14. The duration of the penalties pursuant to Article 27 of the

Revised Penal Code are the following:

Reclusion perpetua. – Twenty years and one day to forty years.

Reclusion temporal. - The penalty of reclusion temporal shall be

from twelve years and one day to twenty years.

Prision mayor and temporary disqualification. - The duration of

the penalties of prision mayor and temporary
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disqualification shall be from six years and one day to

twelve years, except when the penalty of disqualification
is imposed as an accessory penalty, in which case its
duration shall be that of the principal penalty.

Prision correccional, suspension, and destierro. - The duration

of the penalties of prision correccional, suspension and
destierro shall be from six months and one day to six
years, except when suspension is imposed as an
accessory penalty, in which case, its duration shall be
that of the principal penalty.

Arresto mayor. - The duration of the penalty of arresto

mayor shall be from one month and one day to six
months.

Arresto menor. - The duration of the penalty of arresto

menor shall be from one day to thirty days.

Bond to keep the peace. - The bond to keep the peace shall be
required to cover such period of time as the court may
determine.

15. The pecuniary liabilities include: (a) The reparation of the

damage caused; (b) Indemnification of consequential damages;
(c) The fine; and (d) The costs of the proceedings. [REV. PEN.
CODE, art. 38]

16. The civil liabilities include: (a) restitution; (2) reparation of the
damage caused; and (c) indemnification of consequential
damages. [REV. PEN. CODE, art. 104]

17. In case the property of the offender should not be sufficient for
the payment of all his pecuniary liabilities, the same shall be
met in the following order: (i) the reparation of the damage
caused; (ii) indemnification of consequential damages; (iii) the
fine; and (iv) the cost of the proceedings. [REV. PEN. CODE, art.
38]
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The civil liabilities of a person found guilty of two or more

offenses shall be satisfied by following the chronological order
of the dates of the judgments rendered against him, beginning
with the first in order of time. [REV. PEN. CODE, art. 72]

18. Subsidiary penalty pertains to the subsidiary personal liability

to be suffered by the convict who has no property with which
to meet the fine at the rate of one (1) day for each amount
equivalent to the highest minimum wage rate prevailing in the
Philippines at the time of the rendition of the judgment of
conviction by the trial court. [REV. PEN. CODE, art. 39]

19. The rules on subsidiary penalty include the following:

(a) Subsidiary penalty should be imposed in the judgment of

the court [People, through Private Complainant Brian
Victor Britchford, v. Salvador Alapan, G.R. No. 199527,
10 January 2018]

(b) The convict will be subjected to subsidiary personal

penalty if he or she has no property to meet the fine
imposed by the court as a penalty

(c) Subsidiary penalty shall be at the rate of one (1) day for
each amount equivalent to the highest minimum wage
rate prevailing in the Philippines at the time of the
rendition of the judgment of conviction by the trial
court [REV. PEN. CODE, art. 39, as amended by REP. ACT
NO. 10159 (2012)]

(d) Subsidiary penalty can be imposed only if the penalty

imposed is prision correccional, arresto mayor, arresto
menor, suspension, destierro or a fine. It cannot be
imposed if the penalty imposed is higher than prision
correccional, i.e. prision mayor and higher

(e) If the penalty imposed is prision correccional or arresto

and fine, the subsidiary penalty shall not exceed one-
8

third (1/3) of the term of the sentence and in no case

to continue for more than one (1) year
 
(f) When the penalty is fine only, subsidiary shall not exceed
six (6) months if the culprit is prosecuted for a grave or
less grave felony and not to exceed fifteen (15) days if
prosecuted for a light felony
 
(g) If the penalty is not to be executed by confinement, but is
of fixed duration, the subsidiary penalty shall consist of
the same deprivation for the same duration established
by the preceding rules
 
(h) In case the financial circumstances of the convict should
improve, he or she shall pay the fine notwithstanding the
fact that he or she already suffered subsidiary personal
liability [REV. PEN. CODE, art. 39]

20. The following measures of prevention or safety are not

considered as penalties:

(a) The arrest and temporary detention of accused persons,

as well as their detention by reason of insanity or
imbecility, or illness requiring their confinement in a
hospital;

(b) The commitment of a minor to any of the correctional

institutions;

(c) Suspension from the employment of public office during

the trial or in order to institute proceedings;

(d) Fines and other corrective measures which, in the

exercise of their administrative disciplinary powers,
superior officials may impose upon their subordinates;
and
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(e) Deprivation of rights and the reparations which the civil

laws may establish in penal form. [REV. PEN. CODE, art.
24]

21. Offenders who have undergone preventive imprisonment shall

be credited in the service of their sentence consisting of
deprivation of liberty, with the full time during which they
have undergone preventive imprisonment, if the detention
prisoner agrees voluntarily in writing to abide by the same
disciplinary rules imposed upon convicted prisoners. If the
detention prisoner does not agree to abide by the same
disciplinary rules imposed upon convicted prisoners, he shall
be credited in the service of his sentence with four-fifths of the
time during which he has undergone preventive imprisonment.
[REV. PEN. CODE, art. 29]

The following are disqualified from credit for preventive

imprisonment:

(a) When they are recidivists or have been convicted

previously twice or more times of any crime; and

(b) When upon being summoned for the execution of their

sentence they have failed to surrender voluntarily. [REV.
PEN. CODE, art. 29]

22. Whenever an accused has undergone preventive imprisonment

for a period equal to or more than the possible maximum
imprisonment of the offense charged to which he may be
sentenced and his case is not yet terminated, he shall be
released immediately without prejudice to the continuation of
the trial thereof or the proceeding on appeal, if the same is
under review. In case the maximum penalty to which the
accused may be sentenced is destierro, he shall be released
after thirty (30) days of preventive imprisonment. [REV. PEN.
CODE, art. 29]

23. The imposition of a penalty and the service of sentence are two

distinct, though related, concepts. The imposition of the
10

proper penalty or penalties is determined by the nature,

gravity and number of offenses charged and, proved, whereas
service of sentence is determined by the severity and character
of the penalty or penalties imposed. In the imposition of the
proper penalty or penalties, the court does not concern itself
with the possibility or practicality of the service of the
sentence, since actual service is a contingency subject to
varied factors like successful escape of the convict, grant of
executive clemency or natural death of the prisoner. All that go
into the imposition of the proper penalty or penalties, to
reiterate, are the nature, gravity and number of the offenses
charged and proved and the corresponding penalties
prescribed by law. [People v. Peralta, 25 SCRA 759 (1968)]

The rules on the application of penalties are provided in

Articles 46 to 77 of the Revised Penal Code along with Act No.
4103 (1933) or the Indeterminate Sentence Law, while the
rules on the execution and service of penalties are provided in
Articles 78 to 88 of the Revised Penal Code, along with
Presidential Decree No. 968 (1976) or the Probation Law.

24. These factors affect the imposition, application or graduation

of penalties:

(a) Stages of execution [REV. PEN. CODE, art. 6, 7, 46, 50-57,

60, 61, 66, 71 & 75]

(b) Extent of participation of the offender [REV. PEN. CODE,

art. 16-20, 46, 50-57, 60, 61, 66, 71 & 75]

(c) Mitigating, aggravating circumstances and alternative

circumstances [REV. PEN. CODE, art. 13-15, 62, 63, 64 &
65]

(d) Privileged mitigating circumstances [REV. PEN. CODE, art.

64(5), 68, & 69]

(e) Special aggravating circumstances [REV. PEN. CODE, art.

48, 49, 62(1)(a), & 160]
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25. A degree is one entire penalty, one whole penalty or one whole
unit of the penalties enumerated in the graduated scales
provided for in Art. 71, RPC. Each of the penalties of reclusion
perpetua, reclusion temporal, prision mayor, etc., enumerated
in the graduated scales, is a degree.

A period is one of the three equal portions, called minimum,

medium and maximum, of a divisible penalty. [REV. PEN.
CODE, art. 76]

26. Article 46 of the Revised Penal Code provides that the penalty
prescribed by law for the commission of a felony shall be
imposed upon the principals in the commission of such felony.
Whenever the law prescribes a penalty for a felony in general
terms, it shall be understood as applicable to the
consummated felony. [REV. PEN. CODE, art. 46]

The penalty next lower in degree than that prescribed by law

for the consummated felony shall be imposed upon the
principal in a frustrated felony. [REV. PEN. CODE, art. 50]

The penalty lower by two degrees than that prescribed by law

for the consummated felony shall be imposed upon the
principal in an attempt to commit a felony. [REV. PEN. CODE,
art. 51]

27. Article 46 of the Revised Penal Code provides that the penalty
prescribed by law for the commission of a felony shall be
imposed upon the principals in a consummated felony. [REV.
PEN. CODE, art. 46]

The penalty next lower in degree than that prescribed by law

for the consummated felony shall be imposed upon the
accomplices in the commission of a consummated felony.
[REV. PEN. CODE, art. 52]

The penalty lower by two degrees than that prescribed by law

for the consummated felony shall be imposed upon the
12

accessories to the commission of a consummated felony. [REV.

PEN. CODE, art. 51]

28. The penalty next lower in degree than that prescribed by law
for the consummated felony shall be imposed upon the
principal in a frustrated felony. [REV. PEN. CODE, art. 50]

The penalty next lower in degree than prescribed by law for

the frustrated felony shall be imposed upon the accomplices in
the commission of a frustrated felony. [REV. PEN. CODE, art.
54]

The penalty lower by two degrees than that prescribed by law

for the frustrated felony shall be imposed upon the accessories
to the commission of a frustrated felony. [REV. PEN. CODE, art.
55]

29. The penalty lower by two degrees than that prescribed by law
for the consummated felony shall be imposed upon the
principal in an attempt to commit a felony. [REV. PEN. CODE,
art. 51]

The penalty next lower in degree than that prescribed by law

for an attempt to commit a felony shall be imposed upon the
accomplices in an attempt to commit the felony. [REV. PEN.
CODE, art. 55]

The penalty lower by two degrees than that prescribed by law

for the attempted felony shall be imposed upon the accessories
to the attempt to commit a felony. [REV. PEN. CODE, art. 56]

30. In the case in which the law prescribed a penalty lower or

higher by one or more degrees than another given penalty, the
rules prescribed in Article 61 shall be observed in graduating
such penalty. [REV. PEN. CODE, art. 71]

For the purpose of graduating the penalties which, according

to the provisions of Articles 50 to 57, inclusive, of this Code,
are to be imposed upon persons guilty as principals of any
13

frustrated or attempted felony, or as accomplices or

accessories, the following rules shall be observed:

(i) When the penalty prescribed for the felony is single and
indivisible, the penalty next lower in degrees shall be that
immediately following that indivisible penalty in the
respective graduated scale prescribed in Article 71 of this
Code;

(ii) When the penalty prescribed for the crime is composed of

two indivisible penalties, or of one or more divisible
penalties to be impose to their full extent, the penalty
next lower in degree shall be that immediately following
the lesser of the penalties prescribed in the respective
graduated scale;

(iii) When the penalty prescribed for the crime is composed of

one or two indivisible penalties and the maximum period
of another divisible penalty, the penalty next lower in
degree shall be composed of the medium and minimum
periods of the proper divisible penalty and the maximum
periods of the proper divisible penalty and the maximum
period of that immediately following in said respective
graduated scale;

(iv) When the penalty prescribed for the crime is composed of

several periods, corresponding to different divisible
penalties, the penalty next lower in degree shall be
composed of the period immediately following the
minimum prescribed and of the two next following, which
shall be taken from the penalty prescribed, if possible;
otherwise from the penalty immediately following in the
above mentioned respective graduated scale; and

(v) When the law prescribes a penalty for a crime in some

manner not especially provided for in the four preceding
rules, the courts, proceeding by analogy, shall impose
corresponding penalties upon those guilty as principals
of the frustrated felony, or of attempt to commit the
14

same, and upon accomplices and accessories. [REV. PEN.

CODE, art. 61]

31. Graduated scales

SCALE NO. 1

1. Death
2. Reclusion perpetua
3. Reclusion temporal
4. Prision mayor
5. Prision correccional
6. Arresto mayor
7. Destierro
8. Arresto menor
9. Public censure
10. Fine

SCALE NO. 2

1. Perpetual absolute disqualification

2. Temporal absolute disqualification
3. Suspension from public office, the right to vote and
be voted for, the right to follow a profession or
calling
4. Public censure
5. Fine [REV. PEN. CODE, art. 71]

32. Mitigating or aggravating circumstances shall be taken into

account for the purpose of diminishing or increasing the
penalty in conformity with the following rules:

(i) Aggravating circumstances which in themselves

constitute a crime specially punishable by law or which
are included by the law in defining a crime and
prescribing the penalty therefor shall not be taken into
account for the purpose of increasing the penalty;
15

(ii) The same rule shall apply with respect to any aggravating
circumstance inherent in the crime to such a degree that
it must of necessity accompany the commission thereof;

(iii) Aggravating or mitigating circumstances which arise from

the moral attributes of the offender, or from his private
relations with the offended party, or from any other
personal cause, shall only serve to aggravate or mitigate
the liability of the principals, accomplices and
accessories as to whom such circumstances are
attendant; and

(iv) The circumstances which consist in the material

execution of the act, or in the means employed to
accomplish it, shall serve to aggravate or mitigate the
liability of those persons only who had knowledge of them
at the time of the execution of the act or their cooperation
therein. [REV. PEN. CODE, art. 62]

33. Rules for the application of indivisible penalties

(a) In all cases in which the law prescribes a single

indivisible penalty, it shall be applied by the courts
regardless of any mitigating or aggravating circumstances
that may have attended the commission of the deed.

(b) In all cases in which the law prescribes a penalty

composed of two indivisible penalties, the following rules
shall be observed in the application thereof:

(i) When in the commission of the deed there is

present only one aggravating circumstance, the
greater penalty shall be applied;

(ii) When there are neither mitigating nor aggravating

circumstances and there is no aggravating
circumstance, the lesser penalty shall be applied;
16

(iii) When the commission of the act is attended by

some mitigating circumstances and there is no
aggravating circumstance, the lesser penalty shall
be applied; and

(iv) When both mitigating and aggravating

circumstances attended the commission of the act,
the court shall reasonably allow them to offset one
another in consideration of their number and
importance, for the purpose of applying the penalty
in accordance with the preceding rules, according to
the result of such compensation. [REV. PEN. CODE,
art. 63]

34. Rules for the application of penalties which contain three

periods

(i) When there are neither aggravating nor mitigating

circumstances, they shall impose the penalty prescribed
by law in its medium period

(ii) When only a mitigating circumstances is present in the

commission of the act, they shall impose the penalty in
its minimum period

(iii) When an aggravating circumstance is present in the

commission of the act, they shall impose the penalty in
its maximum period

(iv) When both mitigating and aggravating circumstances are

present, the court shall reasonably offset those of one
class against the other according to their relative weight

(v) When there are two or more mitigating circumstances

and no aggravating circumstances are present, the court
shall impose the penalty next lower to that prescribed by
law, in the period that it may deem applicable, according
to the number and nature of such circumstances
17

(vi) Whatever may be the number and nature of the

aggravating circumstances, the courts shall not impose a
greater penalty than that prescribed by law, in its
maximum period

(vii) Within the limits of each period, the court shall

determine the extent of the penalty according to the
number and nature of the aggravating and mitigating
circumstances and the greater and lesser extent of the
evil produced by the crime [REV. PEN. CODE, art. 64]

35. In cases in which the penalty prescribed by law is not

composed of three periods, the courts shall apply the rules
contained in the foregoing articles (Articles 62-64), dividing
into three equal portions of time included in the penalty
prescribed, and forming one period of each of the three
portions. [REV. PEN. CODE, art. 65]

36. Certain special rules on penalties:

(a) Penalty for complex crimes and other instances of

plurality of crimes [REV. PEN. CODE, art. 48]

(b) Penalty in case of mistake in the identity [REV. PEN.

CODE, art. 49]

(c) Penalty for an impossible crime [REV. PEN. CODE, art. 59]

(d) Penalty for incomplete exempting circumstance of

accident [REV. PEN. CODE, art. 67]

(e) Penalty for child in conflict with the law [Rev. Pen. Code,
art. 68]

(f) Penalty for incomplete justifying or exempting

circumstances [REV. PEN. CODE, art. 69]

37. No penalty shall be executed except by virtue of a final

judgment.
18

A penalty shall not be executed in any other form than that

provided by law, nor with any other circumstances or
incidents than those expressly authorized thereby. [REV. PEN.
CODE, art. 78]

38. When the culprit has to serve two or more penalties, he shall
serve them simultaneously if the nature of the penalties will so
permit. If the penalties cannot be served simultaneously, they
will be served successively on the basis of their severity.

The maximum duration of the convict’s sentence shall not be

more than threefold the length of time corresponding to the
most severe of the penalties imposed upon him. No other
penalty to which he may be liable shall be inflicted after the
sum of those imposed equals the maximum period.

Such maximum period shall in no case exceed forty years.

The duration of perpetual penalties shall be computed at thirty

years. [REV. PEN. CODE, art. 70]

39. The principal penalties of reclusion perpetua, reclusion

temporal, prision mayor, prision correccional and arresto
mayor shall be executed and served in the places and penal
establishments provided by the Administrative Code in force or
which may be provided by law in the future. [REV. PEN. CODE,
art. 86] The penalty of arresto menor shall be served in the
municipal jail, or in the house of the defendant himself under
the surveillance of an officer of the law, when the court so
provides in its decision, taking into consideration the health of
the offender and other reasons which may seem satisfactory to
it. [REV. PEN. CODE, art. 88]

40. Republic Act No. 11362 (2018) or the Community Service Act
authorizes the court in its discretion to require community
service in lieu of service in jail for offenses punishable by
arresto menor and arresto mayor. It will be rendered in the
place where the crime was committed under such terms as the
19

court may determine and under the supervision of a probation

officer. [Rep. Act No. 11362 (2018), sec. 2, now REV. PEN.
CODE, art. 88a]