PENALTIES IN GENERAL
physical injuries he is found guilty of those said
Penalty-is a suffering inflicted to a natural
person by the State for the transgression of the
law or ordinance.
Law vs. Ordinance
Law- is a solemn expression of legislative will.
It orders, permits and forbids. [Cawad vs. Abad,
G.R. No. 207145]
Ordinance-is a law enacted by local legislative
body that has a permanent character and passed
by means of three readings and voted thereon.
[Municipality of Paranaque vs. V.M realty
corporation G.R. No. 127820 July 20, 1998]
PENALTY THAT MAY BE IMPOSED
“No crime, if there is no law”
Art.21–No felony shall be punishable by any
penalty not prescribed by law prior to its
commission.
Felony- an act or omission in violation of the
revised penal code.
Penalty that maybe imposed are those prescribed
by law in effect prior to its commission.
It safeguards against ex post facto law-a law in
which penalizes an act which is not punishable
at the time of its commission.
RETROACTIVE EFFECT OF PENAL LAWS
Art.22-Penal laws shall have a retroactive
effect if they favor the persons guilty of a
felony, who is not a habitual
delinquent, although at the time of the
publication of such laws a final sentence has
been pronounced and the convict is serving the
same.
Habitual Delinquency-within a period of ten
years from the date of his release or last
conviction of the crimes of falsification,
robbery, estafa, theft, serious and less serious
crime a third time or oftener.[Art. 62 par.5(c)]
It refers to a legal concept where an individual,
within a period of ten years from their release or
last conviction for crimes such as falsification,
robbery, estafa, theft, serious and less serious
physical injuries, is found guilty of those crimes
for a third time or more. This designation is
typically applied to individuals who repeatedly
engage in criminal behavior within a specific
timeframe, resulting in enhanced legal
consequences for their habitual criminal
activities.
EFFECTS OF PARDON BY THE OFFENDED
PARTY
Art.23-A pardon by the offended party does
not extinguish criminal action except as
provided in Art. 344 (when the injured party has
pardoned the offender in crimes of adultery,
concubinage, and other private crimes; provided
that such pardon is given before the institution
of the criminal action); but civil liability with
regard to the interest of the injured party is
extinguished by his express waiver.
Extinguishment of criminal liability- when the
offender can no longer be made to suffer a
penalty for a certain crime.
Art. 80 Extinguishment of criminal liability
1. By the death of the convict after
judgement-as to the personal penalties
2. By the death of the offender before final
judgement-as to financial penalties.
3. By complete service of sentence
4. By amnesty
5. By absolute pardon(President)
6. By absolute pardon of offended party in
cases of acts of lasciviousness,
seduction, abduction, concubinage and
adultery.
 7. By prescription of a crime- refers to the
time limit within which legal
proceedings for a specific crime must be
initiated. Once the prescribed period has
passed, the prosecution or legal action
for that particular crime is barred, and
the offender cannot be prosecuted for it.
The idea is to prevent the indefinite
delay of legal actions and to ensure that
cases are prosecuted within a reasonable
timeframe
8. By prescription of penalty
9. By the marriage of the offender with the
offended party in Acts of lasciviousness,
seduction and abduction.
Extinguishment of civil liability- refers to the
termination or cessation of legal responsibility
or accountability in civil matters.
Civil liability- refers to the legal responsibility
one party has to compensate or remedy the harm
or loss suffered by another party due to a
wrongful act or failure to fulfill a legal
obligation.
Exception Art.344- Pardon by the offended
party before the institution of criminal action on
the crimes of sexual offense-acts of
lasciviousness, seduction, abduction, adultery
and concubinage shall extinguish criminal
action.
Adultery and concubinage-no criminal
prosecution shall be instituted if the offended
party shall have expressly consented or
pardoned the offenders.
Seduction and abduction-no criminal action shall
be instituted if the offended party and her
guardians expressly pardoned the offender and
also the marriage of the offended party with the
offender shall extinguish criminal action or
remit the penalty already imposed the same
effect to the principal, accessory and
accomplices.
Pardon- Granted by the Chief Executive, is
considered a private act requiring pleading and
proof by the recipient, as courts do not
automatically recognize it. Typically given after
conviction, a pardon looks forward, absolving
the offender from the consequences of the
conviction and forgiving the punishment.
However, it does not automatically restore
certain rights, such as the ability to hold public
office or the right to suffrage, unless explicitly
stated in the pardon terms. [Barrioquinto vs.
Fernandez G.R. No. L-1278. January 21, 1949.]
CIRCUMSTANCES WHICH ARE NOT
CONISDERED PENALTIES
Art. 24-The following shall not be considered as
penalties
1. Incarceration-The arrest and temporary
detention of the accused persons, as well
as their detention by reason of insanity
or imbecility, or illness requiring their
confinement in a hospital.
2. Juvenile Confinement-The commitment
of a minor to any of the institutions
mentioned in Article 80 of the RPC and
for the purposes specified therein.
3. Suspension-Suspension from the
employment or public office during the
trial or in order to institute proceedings.
4. Disciplinary actions-Fines and other
corrective measures which in the
exercise of their administrative or
disciplinary powers, superior officials
may impose upon their subordinate.
5. Forfeiture-Deprivation of rights and the
reparations which the civil law may
establish.
CLASSIFICATION OF PENALTIES
Classification of penalty-categorizing or
grouping different types of punishments or
sanctions imposed for violations of laws or
regulations. Penalties can be classified based on
various criteria, including their severity,
purpose, and nature.
 citizens. Correctional penalties often
involve various forms of intervention,
PRINCIPAL PENALTIES
such as imprisonment, probation, parole,
1. Capital punishment counseling, educational programs, and
2. Afflictive penalties vocational training.
3. Correctional penalties 1. Prision correctional-6 months + 1 day -
4. Light penalties 6 yrs.
5. Accessory penalty 2. Arresto mayor-1 month + 1 day-6
6. Common penalty months
3. Suspension-6 months + 1 day to 6 yrs.
4. Destierro-6 months + 1 day to 6 yrs.
1. CAPITAL PUNISHMENT- is a form of
punishment in which a person is
executed by the state as a punishment 4 LIGHT PENALTIES- generally refers
for a crime also known as death penalty. to a punishment or consequence that is
relatively mild or not severe. Light
Crimes that may be punishable by death felonies are those infractions of law
1. Murder 1. Arresto menor- 1 day – 1 month
2. Espionage 2. Public Censure- Public censure refers to
3. Treason the formal expression of disapproval or
4. And other heinous crime that maybe criticism of an individual or entity by a
define by law. public authority, organization, or society
at large.
Imposition of death penalty is now
prohibited by RA 9346 without prejudice to
the power of congress for heinous crimes. 5. COMMON PENALTIES-penalties that
2. AFFLICTIVE PENALTIES-the term are present in all previous classes of
"afflictive" implies that the penalty is penalty.
burdensome or emotionally distressing. 1. Fines
1. Reclusion Perpetua-20 yrs. + 1 day - 40 2. Bond to keep the peace- period shall be
years determined by the court.
2. Reclusion Temporal-12 yrs. +1 day -20
yrs.
3. Perpetual or temporary absolute 6. ACCESSORY PENALTY- a secondary
disqualification penalty or consequence that is imposed
4. Perpetual or temporary special in addition to the primary penalty for a
disqualification criminal offense. The accessory penalty
5. Prison mayor and temporary is typically related to the nature of the
disqualifiaction-6 yrs. + 1 day – 12 yrs. crime committed.
1. Perpetual or temporary absolute
disqualification
3. CORRECTIONAL PENALTY- 2. Perpetual of temporary special
Correctional penalties aim to rehabilitate disqualification
the offender, address the root causes of 3. Suspension from:
their behavior, and facilitate their 1. Public office,
reintegration into society as law-abiding 2. The right to vote and be voted for,
3. The profession or calling,
 4. Civil interdiction,
5. indemnification,
6. forfeiture or confiscation of instrument
and proceeds of the offense,
7. Payment of cost.

ART. 28 COMPUTATION OF PENALTIES

If the offender is in prison

The term of duration of temporary penalties

shall be:

1. From the day on which the conviction of

judgment shall have become final.

Judgment becomes final when

1. The person did not file an appeal within

15 days.

If the offender is not in prison

The term of duration of the penalty consisting of

the deprivation of liberty shall be computed
from

1. The day that the accused is place in the

disposal of the judicial authority for the
enforcement of the penalty.

The term of duration of the penalty of the other

crime shall be from the day the defendant
commences to serve his sentence.