TITLE III – Penalties

Chapter One - Penalties in General

Penalties that may be imposed (Art. 21)

No felony shall be punishable by any penalty not prescribed by law prior to its commission.

Retroactive Effect of Penal Laws (Art.22)

Penal laws shall have a retroactive effect insofar as they favor the person guilty of a felony, who is not a habitual
criminal although at the time of the publication of such laws a final sentence has been pronounced and the convict
is serving the same.

Effect of Pardon by the Offended Party (Art. 23)

- Does not extinguish criminal action
- Civil Liability which with regard to the interest of the injured party is extinguished by his express waiver

Measures of prevention or safety which are not considered penalties (Art. 24)
Ar Co Su F De
1. 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.
2. The commitment of a minor to any of the institutions mentioned in article 80 and for the purposes
specified therein.
3. Suspension from the employment or public office during the trial or in order to institute proceedings.
4. Fines and other corrective measures which, in the exercise of their administrative disciplinary powers,
superior officials may impose upon their subordinates.
5. Deprivation of rights and reparations which the civil law may establish in penal form

Chapter Two – Classification of Penalties

Penalties which may be imposed (Art. 25)

Principal Penalties:
Capital Punishment Death
Reclusion Perpetua
Reclusion Temporal
Afflictive Penalties Perpetual or Temporary Absolute Disqualification
Perpetual or Temporary Special Disqualification
Prision mayor
Prision correcional
Arresto mayor
Correctional Penalties
Suspension
Destierro
Arresto menor
Light Penalties
Public censure
Penalties common to the three Fine
preceding classes Bond to keep the peace

Accessory Penalties:
1. Perpetual or TAD
2. Perpetual or TSD
3. Suspension from public office, right to vote and be voted for, the profession or calling
 4. Civil Interdiction
5. Indemnification
6. Forfeiture or confiscation of instruments and proceeds of the offense
7. Payment of costs

Chapter Three – Duration and Effect of Penalties

Section 1: Duration of Penalties

Duration of Penalties (Art. 27)

Penalties From To
Reclusion Perpetua 20 yrs and 1 day 40 years
Reclusion Temporal 12 yrs and 1 day 20 years
Prision mayor and temporary 6 yrs and 1 day 12 years
disqualification
Prision correccional, suspension 6 months and 1 day 6 years
and destierro
Arresto mayor 1 month and 1 day 6 months
Arresto menor 1 day 30 days
Bond to keep the peace Shall be required to cover such period of time as the court may determine

Computation of Penalties (Art. 28)

Is the Offender in Prison? Computation is FROM
Temporary penalties
YES - from the day on which the judgement of conviction shall have
become final.
Penalty consisting of deprivation of liberty
- from the day that the offender is placed at the disposal of the
judicial authorities for the enforcement of the penalty.
NO
Other Penalties
- from the day on which the defendant commences to serve his
sentence.

Period of Preventive Imprisonment deducted from the Term of Imprisonment (Art. 29)
Offenders or accused 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, EXCEPT in the following cases:

1. When they are recidivists, or have been convicted previously twice or more times of any crime; and
2. When upon being summoned for the execution of their sentence they have failed to surrender voluntarily.

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. (As amended by Republic Act No. 6127, June 17, 1970).

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. (As amended by Republic Act No.
6127, and further amended by E.O. No. 214, prom. July 10, 1987.)

Section 2: Effects of the Penalties according to their respective nature

Penalties Effect
Perpetual or TAD (Art. 30) 1. The deprivation of the public offices and employments which the
offender may have held even if conferred by popular election.

2. The deprivation of the right to vote in any election for any popular
elective office or to be elected to such office.

3. The disqualification for the offices or public employments and for

the exercise of any of the rights mentioned.

4. In case of temporary disqualification, such disqualification as is

comprised in paragraphs 2 and 3 of this article shall last during the
term of the sentence.

5. The loss of all rights to retirement pay or other pension for any
office formerly held.

Perpetual or TSD (Art. 31) 1. The deprivation of the office, employment, profession or calling
affected;

2. The disqualification for holding similar offices or employments

PTSD for the exercise of the
right of suffrage (Art. 32)
either perpetually or during the term of the sentence, according to
the extent of such disqualification.
1. Shall deprive the offender perpetually or during the term of the
sentence, according to the nature of said penalty, of the right to
vote in any popular election for any public office or to be elected to
such office.

2. Moreover, the offender shall not be permitted to hold any public

Suspension from any public
office, profession or calling, or
the right of suffrage (Art. 33)_
Civil Interdiction
(Art. 34)
office during the period of his disqualification.
Disqualify the offender from holding such office or exercising such
profession or calling or right of suffrage during the term of the sentence.
The person suspended from holding public office shall not hold another
having similar functions during the period of his suspension.
Deprive the offender during the time of his sentence of the following:
1. rights of parental authority, or guardianship, either as to the person
or property of any ward;
2. rights of marital authority;
3. right to manage his property; and
4. right to dispose of such property by any act or any conveyance
inter vivos.