Purpose of penalty under the RPC:

1. RETRIBUTION OR EXPIATION – the penalty is

commensurate with the gravity of the
offense.
2. CORRECTION OR REFORMATION – as shown
by the rules which regulate the execution of
the penalties consisting in deprivation of
liberty.
3. SOCIAL DEFENSE – shown by its inflexible
severity to recidivist and habitual
delinquents.

Art. 25. Penalties which may be imposed. The penalties which may be imposed according to
this Code, and their different classes, are those included in the following:

A. Scale OF PRINCIPAL PENALTIES

Ø Capital punishment:
• Death.

Ø Afflictive penalties:
• Reclusion perpetua,
• Reclusion temporal,
• Perpetual or temporary absolute disqualification,
• Perpetual or temporary special disqualification,
• Prision mayor.

Ø Correctional penalties:
• Prision correccional,
• Arresto mayor,
• Suspension,
• Destierro.

Ø Light penalties:
• Arresto menor,
• Public censure.

Ø Penalties common to the three preceding classes:

• Fine, and
• Bond to keep the peace.

B. SCALE OF ACCESSORY PENALTIES

Ø Perpetual or temporary absolute disqualification,
Ø Perpetual or temporary special disqualification,
Ø Suspension from public office, the right to vote and be voted for, the profession or calling
Ø Civil interdiction,
Ø Indemnification,
Ø Forfeiture or confiscation of instruments and proceeds of the offense,
Ø Payment of costs.

C. MAJOR CLASSIFICATION
PRINCIPAL PENALTIES – those expressly imposed by the court in the judgment of conviction.
ACCESSORY PENALTIES – those that are deemed included in the imposition of the principal penalties.

D. Other classifications of penalties:

Ø According to their divisibility:
• Divisible
◦ those that have fixed duration andare
◦ divisible into three periods.

• Indivisible
◦ those which have no fixed duration.
§ Death
§ Reclusion perpetua
§ Perpetual absolute or special disqualification
§ Public censure

Ø According to subject-matter
• Corporal
◦ (death)
• Deprivation of freedom
◦ (reclusion, prision, arresto)
• Restriction of freedom
◦ (destierro)
• Deprivation of rights
◦ (disqualification and suspension)
• Pecuniary
◦ (fine)

Ø According to their gravity

• Capital
• Afflictive
• Correctional
• Light

NOTE:
Ø Public censure is a penalty,
• thus, it is not proper in acquittal.
• However, the Court in acquitting the accused may criticize his acts or conduct.

Ø Penalties that are either principal or accessory:

• Perpetual or temporary absolute disqualification,
• perpetual or temporary special disqualification, and
• suspension
◦ may be principal or accessory penalties, because they formed in the 2 general classes.

BATAS PAMBANSA BLG. 22

AN ACT PENALIZING THE MAKING OR DRAWING AND ISSUANCE OF A CHECK WITHOUT

SUFFICIENT FUNDS OR CREDIT AND FOR OTHER PURPOSES.

Section 1. Checks without sufficient funds. - Any person who makes or draws and issues any check to
apply on account or for value, knowing at the time of issue that he does not have sufficient funds in or credit
with the drawee bank for the payment of such check in full upon its presentment, which check is
subsequently dishonored by the drawee bank for insufficiency of funds or credit or would have been
dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop
payment, shall be punished by imprisonment of not less than thirty days but not more than one (1) year or by
a fine of not less than but not more than double the amount of the check which fine shall in no case exceed
Two Hundred Thousand Pesos, or both such fine and imprisonment at the discretion of the court.
The same penalty shall be imposed upon any person who, having sufficient funds in or credit with the
drawee bank when he makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a
credit to cover the full amount of the check if presented within a period of ninety (90) days from the date
appearing thereon, for which reason it is dishonored by the drawee bank.
Where the check is drawn by a corporation, company or entity, the person or persons who actually signed
the check in behalf of such drawer shall be liable under this Act.

Section 2. Evidence of knowledge of insufficient funds. - The making, drawing and issuance of a check
payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when
presented within ninety (90) days from the date of the check, shall be prima facie evidence of knowledge of
such insufficiency of funds or credit unless such maker or drawer pays the holder thereof the amount due
thereon, or makes arrangements for payment in full by the drawee of such check within (5) banking days
after receiving notice that such check has not been paid by the drawee.

Section 3. Duty of drawee; rules of evidence. - It shall be the duty of the drawee of any check, when
refusing to pay the same to the holder thereof upon presentment, to cause to be written, printed, or stamped
in plain language thereon, or attached thereto, the reason for drawee's dishonor or refusal to pay the same:
Provided, That where there are no sufficient funds in or credit with such drawee bank, such fact shall always
be explicitly stated in the notice of dishonor or refusal. In all prosecutions under this Act, the introduction in
evidence of any unpaid and dishonored check, having the drawee's refusal to pay stamped or written
thereon or attached thereto, with the reason therefor as aforesaid, shall be prima facie evidence of the
making or issuance of said check, and the due presentment to the drawee for payment and the dishonor
thereof, and that the same was properly dishonored for the reason written, stamped or attached by the
drawee on such dishonored check.
Not with standing receipt of an order to stop payment, the drawee shall state in the notice that there were no
sufficient funds in or credit with such bank for the payment in full of such check, if such be the fact.

Section 4. Credit construed. - The word "credit" as used herein shall be construed to mean an arrangement
or understanding with the bank for the payment of such check.

Section 5. Liability under the Revised Penal Code. - Prosecution under this Act shall be without prejudice to
any liability for violation of any provision of the Revised Penal Code.

Section 6. Separability clause. - If any separable provision of this Act be declared unconstitutional, the
remaining provisions shall continue to be in force.

Section 7. Effectivity. - This Act shall take effect fifteen days after publication in the Official Gazette.
Approved: April 3, 1979.