Chapter Two According to their gravity: (Art.

25)

CLASSIFICATION OF PENALTIES
CAPITAL PUNISHMENT

Article 25. Penalties which may be imposed. - The

1. Death
penalties which may be imposed according to this
It shall consist in putting the person under
Code, and their different classes, are those included
sentence to death by lethal injection.  The death
in the following:
sentence shall be executed under the authority
Scales of penalties:
of the Director of Prisons.  The death sentence

1. Principal Penalties shall be carried out not later than one (1) year

2. Accessory Penalties after the judgment has become final. (Art. 81, as

amended by RA 7659) The court [of origin]

Principal Penalties
shall designate a working day for the execution
are that provided by law for a felony and which is
but not the hour thereof; and such designation
imposed by the court expressly upon conviction.
shall not be communicated to the offender

Kinds of Principal Penalties: before sunrise of said day, and the execution

According to their divisibility: shall not take place until after the expiration of

at least 8 hours following the notification but

1. Indivisible – those which do not have fixed
before sunset. (Art. 82)
duration, like death, reclusion perpetua,

perpetual absolute or special The death penalty shall be imposed in all cases in

disqualification, public censure. which it must be imposed under existing laws,

2. Divisible – those which have a fixed except:

duration and are always divisible into three a. When the guilty person is below 18 years of age

periods, namely: maximum, medium and at the time of the commission of the crime.

minimum, like prision mayor.

b.  When he is more than 70 years of age.

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c.  When upon appeal or automatic review of the AFFLICTIVE PENALTIES

case by the Supreme Court, the required majority

2. Reclusion perpetua
vote is not obtained for the imposition of the death
The penalty of reclusion perpetua shall be from 20
penalty, in which cases the penalty be reclusion
years and one day to 40 years. (Art. 27, as amended
perpetua. (Art. 47, as amended by RA 7659)
by RA 7659) The penalties of reclusion Perpetua
The death sentence shall not be inflicted upon a
and reclusion temporal shall carry with them that
woman while she is pregnant or within one (1) year
of civil interdiction for life or during the period of
after delivery, nor upon any person over 70 years of
the sentence as the   case   may   be, and that
age.  In this last case, the death sentence shall be
of perpetual   absolute disqualification which the
commuted to the penalty of reclusion perpetua with
offender shall suffer even though pardoned as to the
the accessory penalty provided in Art. 40.  In all
principal penalty, unless the same shall have been
cases where the death sentence has become final,
expressly remitted in the pardon. (Art. 41)
the records of the case shall be forwarded
If the penalty imposed is reclusion perpetua, the
immediately by the Supreme Court to the Office of
convict may be pardoned after serving the penalty
the President for possible exercise of the pardoning
for 30 years.  This is not mandatory.  However, the
power. (Art. 83, as amended by RA 7659) The
longest term of imprisonment cannot exceed 40
death penalty, when it is not executed by reason of
years. (Art. 70)
commutation or pardon shall carry with it that of

perpetual absolute disqualification and that   of civil Although RA 7659 (Heinous Crime Law) in

interdiction during 30 years following the date of amending Article 27 thereof fixed the duration of

sentence, unless such accessory penalties shall have reclusion perpetua at 20 years and one day to 40

been expressly remitted in the pardon. (Art. 40) years imprisonment, said penalty remains as an

indivisible penalty as there is no clear legislative

intent to alter its original classification.  At most,

the amendment as to its duration is for the purpose

Prepared by: Noel Jr. Pascual Rea

of applying Section 7, Rule 114 of the 2000 Rules 3. Reclusion temporal

on Criminal Procedure and Section 13, Article III of

The penalty shall be from 12 years and one day
the Constitution regarding the accused’s right to
to 20 years. (Art. 27, as amended by RA 7659)
bail. (People v. Reyes, 101127, Aug. 7, 1992)
4. Perpetual or temporary absolute
It is error for the trial court to sentence the accused
disqualification.
to reclusion perpetua, whereas the penalty
5. Perpetual or temporary special
prescribed is life imprisonment.  The penalty of
disqualification.
reclusion perpetua, a penalty provided in the RPC
These penalties (Nos. 3 & 4) are included by
with accessory penalties, is completely different
law in the classification of principal and
from the penalty of life imprisonment. (People v.
accessory penalties. If it is the penalty
Ruedas, 194 SCRA 553)
provided in the RPC for the offense, it is a
Distinction: (Q4, 1994 Bar; Q7, 1991 Bar)
principal penalty; if not, it is only an accessory

Reclusion Perpetua Life Imprisonment penalty.

1. Penalty provided for 1. Penalty usually

6. Prision mayor
in the RPC, and some provided for in special
The penalty shall be from 6 years and one day to
special laws, RA 6425 laws.
12 years. (Art. 27, as amended by RA 7659) The
& PD 1860.
penalty of prision mayor shall carry with it that
2. Duration of 20 years 2. No duration.
of temporary absolute disqualification and that
and one day to 40
of perpetual special disqualification from the
years.
right of suffrage which the offender shall suffer
3. Maybe reduced by 3. Cannot be reduced
although pardoned as to the principal penalty,
one or 2 degrees. by degrees.
unless the same shall have been expressly
4. Has accessory 4. Does not have any
remitted in the pardon. (Art. 42)
penalties. accessory penalties.

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CORRECTIONAL PENALTIES of the penalties shall be from 6 months and one day

to 6 years. (Art. 27, amended by RA 7659)

1. Prision correctional

LIGHT PENALTIES
The duration of the penalty shall be from 6 months

and one day to 6 years. (Art. 27, as amended by RA 1. Arresto menor

7659) The penalty of prision correctional shall carry

The duration of the penalty shall be one day to 30
with it that of suspension from public office, from
days. (Art. 27, as amended by RA 7659) The
the right to follow a profession or calling, and that
penalty shall be served in the municipal jail, or in
of perpetual special disqualification from the right
the house of the defendant himself under the
of suffrage, if the duration of said imprisonment
surveillance of an officer of the law, when the court
shall exceed 18 months. (Art. 43)
so provided in its decision, taking into consideration

2. Arresto mayor the health of the offender and other reasons which

may seem satisfactory to it. (Art 88)

The duration of the penalty shall be from one month

and one day to 6 months. (Art. 27, as amended by 2. Public censure

RA 7659) The penalty of arresto mayor shall carry

If the accused is acquitted, the court has no
with it that of suspension of the right to hold public
authority to censure him, because censure, no
office and the right of suffrage during the term of
matter how light a punishment it may be, is
the sentence. (Art. 44)
repugnant and essentially contrary to an acquittal.

3. Destierro (People v. Abellera, 69 Phil. 623)

Any person sentenced shall not be permitted to PENALTIES COMMON TO THE 3

enter the place(s) designated in the sentence, nor PRECEDING CLASSES:

within the radius therein specified, which shall not

1. Fine
be more than 250 and not less than 25 kilometers

from the place designated. (Art. 87) The duration A fine, whether imposed as a single or as an

alternative penalty, shall be considered an afflictive

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penalty, if it exceeds P 6,000; a correctional committed they will pay the amount determined by

penalty, if it does not exceed P 6,000 but it is not the court in the judgment, or otherwise to deposit

less than P 200; and a light penalty, if it be less than such amount in the office of the clerk of the court to

P 200. (Art. 26) guarantee such undertaking. The court shall

determine, according to its discretion, the period of

Under this Article, it the fine imposed is exactly P
duration of the bond. Should the person sentenced
200 it is correctional. However, under Article 9, a
fail to give the bond as required, he shall be
fine imposed of exactly P 200 is a light felony. To
detained for a period which shall in no case exceed
resolve this seemingly inconsistent provisions of the
6 months, if he shall have been prosecuted for a
law, the learned authors has reconciled these in the
grave or less grave felony, and shall not exceed 30
following manner: If the question at issue is the
days, if for a light felony. (Art. 35)
prescription of a felony, Article 9 will prevail over
Accessory penalties
Article 26. Thus, a fine imposed is exactly P 200, it

is a light felony. On the other hand, if the question are that deemed included in the imposition of the

at issue is the prescription of the penalty, then principal penalty.

Article 29 will prevail over Article 9, as such fine of

1. Perpetual or temporary absolute
exactly P 200 imposed as a penalty will be
disqualification
considered a correctional fine.
The penalties of disqualification for public office
2. Bond to keep the peace
shall produce the following effects:

The bond to keep peace shall be required to cover

a. Deprivation of the public offices and
such period of time as the court may determine.
employment which the offender may have held,
(Art. 27, as amended) It shall be the duty of any
even if conferred by popular election.
person to give bond to keep the peace, to present
b. The deprivation of the right to vote in any
two sufficient sureties who shall undertake that such
election for popular elective office or to be elected
person will not commit the offense sought to be
to such office.
prevented, and that in case such offense is
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 b. The disqualification for holding similar offices

or employment either perpetually or during the term

c. The disqualification for the offices or public
of the sentence, according to the extent of such
employment and for the exercise of any of the rights
disqualification. (Art. 31)
mentioned.

The perpetual or temporary special disqualification

In case of temporary disqualification, such
for the exercise of the right of suffrage shall deprive
disqualification as is comprised in paragraph (b)
the offender perpetually or during the term of the
and (c) of this article shall last during the term of
sentence, according to the nature of said penalty, of
the sentence.
the right to vote in any popular election for any
d. The loss of all rights to retirement pays or other
public office or to be elected to such office.
pension for any office formerly held. (Art. 30)
Moreover, the offender shall not be permitted to

All of these effects last during the lifetime of the hold any public office during the period of his

convict and even after the service of the sentence disqualification. (Art. 32)

except as regards pars. (b) and (c) of the above in

3. Suspension from public office, the right to
connection with temporary absolute
vote and be voted for, the profession or
disqualification. (People v. Abes, 24 SCRA 780)
calling

2. Perpetual or temporary special

If suspension is imposed as an accessory penalty,
disqualification
the duration is the same as that of the principal

The penalties of disqualification for public office, penalty. The person suspended from holding public

profession or calling shall produce the following office shall not hold another having similar

effects: functions during the period of his suspension. (Art.

a. The deprivation of the office, employment, 33)

profession or calling affected. 4. Civil interdiction

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Civil interdiction shall deprive the offender during Such proceeds and instruments or tools shall be

the time of his sentence of the rights of parental confiscated and forfeited in favor of the

authority, or guardianship, of marital authority, of Government unless they be property of a third

the right to manage his property and of the right to person not liable for the offense, but those articles

dispose of such property by any act or any which are not subject of lawful commerce shall be

conveyance inter vivos. (Art. 34) destroyed. (Art. 45)

5. Indemnification 7. Payment of costs.

The pecuniary liabilities of the offender: Cost shall include:

a. Reparation of the damage caused. a. Fees

b. Indemnification of consequential damages. b. Indemnities in the course of judicial proceedings.

(Art. 37)
c. Fine

If the accused is convicted, costs may be charged

d. Cost of the proceedings. (Art. 38)
against him. Payment of costs rests upon the
These pecuniary liabilities must be satisfied in the
discretion of the Court. If the accused is acquitted,
order mentioned. This article is applied only if the
the costs are de officio, which means, each party
property of the offender is not sufficient to pay his
bears his own expenses. There is no subsidiary
pecuniary liabilities. If the offender does not have
imprisonment for non-payment of costs.
any property, he is to undergo subsidiary
If the offender shall be in prison, the term of the
imprisonment at the rate of P 8 per day as provided
duration of the temporary penalties, (like
in Article 39, amended by RA 5465, for his failure
suspension) shall be computed from the day on
to meet the pecuniary liability of fine.
which the judgment of conviction shall have
6. Forfeiture or confiscation of instruments
become final. If the offender be not in prison, the
and proceeds of the offense.
term of the duration of the penalty consisting of

deprivation of liberty shall be computed from the

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day that the offender is placed at the disposal of the has undergone preventive imprisonment. (People v.

judicial authorities for the enforcement of the Abanes, 73 SCRA 44) An accused sentence to life

penalty. (Art. 28) imprisonment is entitled to the deduction. (US v.

Ortencio, 38 Phil. 941)

Prescribe Penalties for the following Crimes

If the accused is in prison at the time the judgment

is promulgated, he is deemed to have submitted Article 246. Parricide

himself for the execution of the said judgment as of

Any person who shall kill his father, mother, or
the date of its promulgation. (Alvarado, v. Dir. of
child, whether legitimate or illegitimate, or any of
Prisons, 47 OG 343)
his ascendants, or descendants, or his spouse, shall

Offender who has undergone preventive be guilty of parricide and shall be punished by the

imprisonment shall be credited in the service of penalty of reclusion perpetua to death.

their sentence consisting of deprivation of liberty, (Prohibited

with the full time during which they have

by R.A. 9346)
undergone preventive imprisonment, if the
Article 248. Murder
detention prisoner agrees voluntarily in writing to

abide by the same disciplinary rules imposed upon Any person who, not falling within the provisions

convicted prisoners, except in the following cases: of Article 246 shall kill another, shall be guilty of

murder and shall be punished by reclusion

1. When they are recidivists, or have been convicted
temporal in its maximum period to death, if
previously twice or more times of any crime.
committed with any of the following attendant
2. When upon being summoned for the execution of
circumstances:
their sentence they have failed to surrender
1. With treachery, taking advantage of superior
voluntarily. (Art. 29)
strength, with the aid of armed men, or employing
If the detention prisoner does not agree, the
means to weaken the defense or of means or
deduction shall be 4/5 of the time during which he
persons to insure or afford impunity.
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2. In consideration of a price, reward, or promise. Any person who shall assist another to commit

suicide shall suffer the penalty of prision mayor; if

3. By means of inundation, fire, poison, explosion,
such person leads his assistance to another to the
shipwreck, stranding of a vessel, derailment or
extent of doing the killing himself, he shall suffer
assault upon a street car or locomotive, fall of an
the penalty of reclusion temporal. However, if the
airship, by means of motor vehicles, or with the use
suicide is not consummated, the penalty of arresto
of any other means involving great waste and ruin.
mayor in its medium and maximum periods, shall
4. On occasion of any of the calamities enumerated
be imposed.
in the preceding paragraph, or of an earthquake,
Article 255. Infanticide
eruption of a volcano, destructive cyclone, epidemic

or other public calamity. The penalty provided for parricide in Article 246

and for murder in Article 248 shall be imposed

5. With evident premeditation.
upon any person who shall kill any child less than
6. With cruelty, by deliberately and inhumanly
three days of age.
augmenting the suffering of the victim, or outraging
If the father, or mother or legitimate other
or scoffing at his person or corpse.
ascendant kills the child less than three days old,
Article 249. Homicide
the penalty is that corresponding to parricide.

Any person who, not falling within the provisions

If the offender is not related to the child, the penalty
of Article 246, shall kill another without the
corresponding to murder shall be imposed.
attendance of any of the circumstances enumerated
If the crime penalized in this article be committed
in the next preceding article, shall be deemed guilty
by the mother of the child for the purpose of
of homicide and be punished by reclusion
concealing her dishonor, she shall suffer the
temporal.
penalty of prision correccional in its medium and
Article 253. Giving assistance to suicide.
maximum periods.

Only if satisfied the following circumstances:

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 1. For the purpose of concealing her dishonor Prision mayor and temporary disqualification. -

2. Must be of good reputation and good The duration of the penalties of prision mayor and

morals. temporary disqualification shall be from six years

and one day to twelve years, except when the

If she is a prostitute, she is not entitled to a lesser
penalty of disqualification is imposed as an
penalty because she has no honor to conceal.
accessory penalty, in which case its duration shall
If said crime be committed for the same purpose by
be that of the principal penalty.
the maternal grandparents or either of them, the
Prision correccional, suspension, and destierro. -
penalty shall be prision mayor.
The duration of the penalties of prision
Only if satisfied the following circumstances:
correccional, suspension and destierro shall be from

1. For the purpose of concealing dishonor six months and one day to six years, except when

Chapter Three suspension is imposed as an accessory penalty, in

which case, its duration shall be that of the principal

DURATION AND EFFECTS OF PENALTIES
penalty.
Section One. - Duration of Penalties
Arresto mayor. - The duration of the penalty of
Article 27. Reclusion perpetua. - Any person
arresto mayor shall be from one month and one day
sentenced to any of the perpetual penalties shall be
to six months.
pardoned after undergoing the penalty for thirty
Arresto menor. - The duration of the penalty of
years, unless such person by reason of his conduct
arresto menor shall be from one day to thirty days.
or some other serious cause shall be considered by

the Chief Executive as unworthy of pardon. Bond to keep the peace. - The bond to keep the

peace shall be required to cover such period of time

Reclusion temporal. - The penalty of reclusion
as the court may determine.
temporal shall be from twelve years and one day to

twenty years. Illustration:

PENALTY DURATION
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 Reclusion perpetua 20 years and 1 day to

40 years

Reclusion temporal 12 years and 1 day to

20 years

Prision mayor and 6 years and 1 day to

Temporary 12 years

disqualification

Prision correctional 6 months and 1 day to

and Suspension and 6 years

Destierro

Arresto mayor 1 month and 1 day to

6 months

Arresto menor 1 day to 1 month

Bond to keep the Discretionary on the

peace Court

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