Criminal Law Review Transcript - Discussions by Fiscal Olive Hebron

Transcribed by MHV

Article 25 provides for the different classifications in which penalties may be imposed

Penalties can be classified into:

Principal vs. Accessory

 Principal penalties - those expressly imposed by the court in the judgment of convictio
n; may also be classified in terms of their divisibility:
 Divisible penalties - those that have fixed duration and are divisible in three per
iods; knowledge of divisible penalties is very important when we come to appreciat
e circumstances affecting criminal liability such as the presence of mitigating and a
ggravating circumstances
 Indivisible penalties - those that have no fixed duration
- reclusion perpetua
- perpetual absolute or special disqualification; and
- public censure
 Accessory penalties - accessory penalties are those that are deemed included in the im
position of the principal penalties

As to Subject Matter:
 Corporal or death penalty
 Deprivation of freedom such as Reclusion, Prision, and Arresto
 Restriction of freedom - Destierro
 Deprivation of rights - Disqualification and suspension
 Pecuniary - fine

As to Gravity:
 Capital punishment refers to death
 Afflictive penalties are reclusion perpetua, reclusion temporal, perpetual or temporary ab
solute disqualification, perpetual or temporary special disqualification and prision mayor
Criminal Law Review Transcript - Discussions by Fiscal Olive Hebron
Transcribed by MHV

 Correctional penalties we have the prision, correccional, arresto mayor, suspension and
destierro
 Light penalties you have the arresto menor and public censure

Penalties common to afflictive, correctional and light penalties are fine and bond to keep th
e peace

Take Note: Public censure is a form of penalty therefore a judgment of acquittal, meani
ng if the accused to be acquitted an that the accused will not be found guilty, there must be
no imposition of censure, because public censure in itself is considered as a penalty.

Under Article 26, a fine can be imposed as a single penalty or as an alternative penalt
y. A fine is considered as an:
 Afflictive penalty if it exceeds 1,200,000 pesos
 Correccional penalty if it is within the range of 40,000 pesos to 1, 200,000 pesos
 Light penalty if it is less than 40,000 pesos

Article 27 refers to the DURATION OF PENALTIES (Please memorize article 27; VIP!!!)

For Prision Mayor and Temp. Disqualification: If the penalty of disqualification is imposed
as an accessory penalty it's duration should be that of the principal penalty

For Prision correccional suspension and destierro: If suspension is imposed as an accessory

penalty, it will follow the duration of the principal penalty

Bond to keep the peace: Dependent upon the court as the court may determine