atty. EMERITO B.

QUILANG
Instructor, FLVC
CRIMINAL LAW 1 – MODULE 7
PENALTIES

GENERAL PRINCIPLES
(Articles 21-24)

Penalties

Penalties are the punishment imposed by lawful authority

upon a person who commits a deliberate or negligent act which is
against the law.

Judicial Conditions of Penalty

1. Productive of suffering, without however affecting the

integrity of human personality.

2. Commensurate with the offense.

3. Personal – no one should be punished with the crime of

another.

4. Legal – it is a consequence of a judgment according to law.

5. Certain – no one may escape its effects.

6. Equal – it applies to all persons regardless of

circumstances.

7. Correctional.

Penalties that May be Imposed

A felony shall be punishable only by the penalty prescribed

by law at the time of its commission.

It is a guaranty to the citizen of this country that no act of his

will be considered criminal until the government has made it so by
law and has provided a penalty.

NB: A law cannot be rationally obeyed unless it is first shown

and a man cannot be expected to obey an order that has not
been given.

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CRIMINAL LAW 1 – MODULE 7
Classes of Injuries Caused by a Crime

SOCIAL INJURY PERSONAL INJURY

Produced by the disturbance Caused to the victim of the
and alarm which are the crime who suffered damage
outcome of the offense. either to his person, property,
honor or chastity.
Repaired through the Repaired through indemnity.
imposition of the
corresponding penalty.
The State has an interest in this The State has no reason to
class of injury. insist in its payment.
Offended party cannot pardon It can be waived by the
the offender so as to relieve offended party.
him of the penalty.

Measures of Prevention that are not considered as Penalty

1. The arrest and temporary detention of accused persons

(preventive imprisonment) 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 a reformatory institution.

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. (Article 24) Ex. Civil
interdiction.

The above-mentioned measures are not considered as

penalties because of the following reasons:

1. They are not imposed as a result of judicial proceedings.

Those mentioned in paragraphs 1, 3 and 4 are merely
preventive measures before conviction of offenders.

2. The offender is not subjected to or made to suffer these

measures in expiation of or as punishment for a crime.

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Instructor, FLVC
CRIMINAL LAW 1 – MODULE 7
NB:

1. Paragraph 1 refers to accused persons who are

detained “by reason of insanity or imbecility”. It does
not refer to the confinement of an insane or imbecile
person who has not been arrested for a crime.

2. Paragraphs 3 and 4 refer to administrative

suspension and administrative fines and not to
suspension or fine as penalties for violations of the
RPC. Fines in paragraph 4 do not constitute as
penalties because they are not imposed by the court.

3. Where a minor offender was committed to a

reformatory, and while thus detained he commits a
crime therein, he cannot be considered a quasi-
recidivist since his detention was only a preventive
measure, whereas a quasi-recidivism presupposes the
commission of a crime during the service of the
penalty for a previous crime.

4. Commitment of a minor is not a penalty because it is

not imposed by the court in a judgment. The
imposition of the sentence in such a case is
suspended.

Purposes of the Imposition of Penalty under the RPC

1. Prevention – the State must punish the criminal to prevent

or suppress the danger to the State and to the public
arising from the criminal acts of the offender.

2. Correction or Reformation – as shown by the rules which

regulate the execution of the penalties consisting in
deprivation of liberty.

3. Exemplarity – the criminal is punished to serve as an

example to deter others from committing crimes.

4. Social defense – shown by its inflexible severity to

recidivists and habitual delinquents.

5. Justice – the absolute theory of penalty rests on the theory

that crime must be punished by the State as an act of

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CRIMINAL LAW 1 – MODULE 7
retributive justice, a vindication of absolute right and
moral law violated by the criminal.

CLASSIFICATION OF PENALTIES
(Articles 25 & 26)

General Classifications of Penalties

1. Principal penalties – those expressly imposed by the court

in the judgment of conviction.

2. Accessory penalties – those that are deemed included in

the imposition of the principal penalties.

Principal Penalties According to their Divisibility

1. Indivisible penalties – those which have no fixed duration,

e.g. death and reclusion perpetua.

2. Divisible penalties – those that have fixed duration and are

divisible into three periods. E.g. reclusion temporal down
to arresto menor.

Penalties According to their Gravity

1. Capital
2. Afflictive
3. Correctional
4. Light

Fines may be imposed as an alternative or single penalty.

Fines according to their Gravity (under R.A. 10951)

1. Afflictive – exceeds P1,200,000.00

2. Correctional – not exceeding P1,200,000.00 but not less

than P40,000.00

3. Light – less than P40,000.00

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Instructor, FLVC
CRIMINAL LAW 1 – MODULE 7
DURATION AND EFFECT OF PENALTIES
(Articles 27-45)

Duration of Penalties

PENALTY DURATION
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 12 years
Temporary Disqualification
Prision correccional, 6 months and 1 day to 6 years
Suspension and destierro
Arresto mayor 1 month and 1 day to 6 months
Arresto menor 1 day to 1 month
Bond to keep the peace Discretionary on the court

Rules on Computation of Penalties

1. Offender is in prison – duration of the temporary penalties

is from the day on which the judgment of conviction
becomes final.

2. Offender not in prison – duration of penalty consisting in

the deprivation of liberty is from the day that the offender
is placed at the enforcement of the penalty.

3. Other penalties – duration is from the day on which the

offender commences to serve his sentence.

Distinctions between the penalty of reclusion perpetua and life

imprisonment

Reclusion perpetua Life Imprisonment

Pertains to the penalty imposed
for the violation of the RPC.
It has fixed duration.
It carries with it accessory
penalties.
Pertains to the penalty imposed
for violation of special laws.
It has no fixed duration.
It does not carry with it
accessory penalty.

NB: Although reclusion perpetua has been given a fixed

duration, it has remained to be an indivisible penalty.
Indivisible penalties have no durations.

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CRIMINAL LAW 1 – MODULE 7
Death Penalty

The penalty of death is not abolished. There is still death

penalty. What is prohibited under R.A. 9346 is only the imposition
of the penalty of death.

In lieu of the death penalty, the following shall be imposed:

1. The penalty of reclusion perpetua, when the law violated

makes use of the nomenclature of the penalties of the
RPC; or
2. The penalty of life imprisonment, when the law violated
does not make use of the nomenclature of the penalties of
the RPC. (Section 2, R.A. 9346)

When death penalty is not imposable

1. Under age – offender is below 18 years of age at the time

of the commission of the crime.

2. Over age – offender is more than 70 years of age.

3. No court majority – when upon appeal or automatic

review of the case by the Supreme Court, the vote of eight
members is not obtained for the imposition of death
penalty.

NB: Automatic Review is available only in cases where death

penalty is imposed. (R.A. 7659)

Nature of destierro

Destierro is a principal penalty. It is a punishment whereby a

convict is banished to a certain place and is prohibited from
entering or coming near the place designated in the sentence, not
less than 25 kilometers but not to extend beyond 250 kilometers.

NB: If the convict should enter the prohibited places, he

commits the crime of evasion of service of sentence under
Article 157 of the RPC.

Crimes that Carry the Penalty of destierro

1. In the crime of grave threat or light threat, when the

offender is required to put up a bond for good behavior
but failed or refused to do so under Article 284, such

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Instructor, FLVC
CRIMINAL LAW 1 – MODULE 7
convict shall be sentenced to destierro so that he would
not be able to carry out his threat.

2. In the crime of concubinage, the penalty prescribed for

the concubine is destierro under Article 334.

3. When the penalty prescribed is arresto mayor, but the

offender is entitled to privileged mitigating circumstance
and lowering the prescribed penalty by one degree, the
penalty one degree lower is destierro. Thus, it shall be the
one imposed.

Penalties which are Considered Both as Principal and

Accessory

1. Perpetual or temporary absolute disqualification.

2. Perpetual or temporary special disqualification.

3. Accessory penalties.

NB: Accessory penalties need not be stated in the sentence. The

accessory penalties follow the principal penalty imposed for
the crime as a matter of course; they are automatically
imposed even though they are not stated in the judgment.

Civil Interdiction

Civil interdiction is an accessory penalty. Civil interdiction

shall deprive the offender during the time of his sentence:

1. The rights of parental authority, or guardianship either as

to the person or property of any ward;
2. Marital authority;
3. The right to manage his property; and
4. The right to dispose of such property by any act or any
conveyance inter vivos.

Civil interdiction is accessory in the following principal

penalties:

1. Death penalty if it is commuted to life imprisonment;

2. Reclusion perpetua;
3. Reclusion temporal.

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CRIMINAL LAW 1 – MODULE 7
Effects of Penalties

1. Perpetual or temporary absolute disqualification from

public office:

a. Deprivation of public offices and employment, even if

by elecetion;

b. Deprivation of the right to vote or to be elected;

c. Disqualification for the offices or public employments

and for the exercise of any rights mentioned;

d. Loss of right to retirement pay or pension for any office

formerly held.

NB: Perpetual absolute disqualification lasts during the

lifetime of the convict.

2. Perpetual or temporary special disqualification from public

office, profession or calling:

a. Deprivation of the office, employment, profession or

calling affected;

b. Disqualification for holding similar offices or

employments perpetually during the term of the
sentence.

3. Perpetual or temporary special disqualification for the

right of suffrage:

a. Deprivation of the right to vote or to be elected to any

public office;

b. Cannot hold any public office during the period of the

disqualification.

NB: The purpose of which is to preserve the purity of elections;

one rendered infamous by conviction of felony or other base
offenses indicative of moral turpitude is unfit to exercise such
rights.

4. Suspension from public office, profession or calling or the

right of suffrage:

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CRIMINAL LAW 1 – MODULE 7

a. Disqualification from holding such office or exercising

such profession or calling or right of suffrage during
the term of the sentence;

b. If suspended from public office, he cannot hold another

office having similar functions during the period of
suspension.

5. Civil interdiction:

a. Deprivation of the rights of parental authority or

guardianship of any ward;

b. Deprivation if marital authority;

c. Deprivation of the right to manage his property and of

the right to dispose of such property by any act or any
conveyance inter vivos.

6. Bond to keep peace:

a. Offender must present two sufficient sureties who

shall undertake that the offender will not commit the
offense sought to be prevented and in case such
offense be committed, they will pay the amount
determined by the court; or

b. Offender must deposit such amount with the clerk of

court to guarantee said undertaking; or

c. Offender may be detained if he cannot give the bond,

for a period:

i. Not to exceed 6 months – for grave or less grave

felony; or
ii. Not to exceed 30 days – for a light felony.

NB: Bond to keep peace is different from bail bond which is

posted for the provisional release of a person arrested for or
accused of a crime.

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Instructor, FLVC
CRIMINAL LAW 1 – MODULE 7
Distinctions between Bond to Keep Peace and Bond for Good
Behavior

BOND TO KEEP PEACE BOND FOR GOOD BEHAVIOR

Failure to post a bond to keep The legal effect of failure to
peace results to imprisonment post a bond for good behavior
either for 6 months or 30 days, is not imprisonment but
depending on whether the destierro under Article 284.
felony committed is grave or
less grave on one hand, or it is
light only.

PENALTIES IN WHICH OTHER ACCESSORY PENALTIES ARE

INHERENT
(Articles 40-44)

Inherent Accessory Penalties of Principal Penalties

1. Death when not executed by reason of commutation or

pardon

a. Perpetual absolute disqualification, and

b. Civil interdiction during 30 years, if not expressly

remitted in the pardon.

2. Reclusion perpetua and reclusion temporal

a. Civil interdiction for life or during the sentence

b. Perpetual absolute disqualification unless expressly

remitted in the pardon of the principal penalty.

3. Prision mayor

a. Temporary absolute disqualification

b. Perpetual special disqualification from suffrage, unless

expressly remitted in the pardon of the principal
penalty.

4. Prision correccional

a. Suspension from public office, profession or calling,

and

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CRIMINAL LAW 1 – MODULE 7

b. Perpetual special disqualification from suffrage, if the

duration of imprisonment exceeds 18 months, unless
expressly remitted in the pardon of the principal
penalty.

5. Arresto mayor – Suspension of the right to hold office and

the right of suffrage during the term of the sentence.

NB: The RPC does not provide for any accessory penalty for
destierro.

PREVENTIVE IMPRISONMENT
(Article 39)

Preventive Imprisonment

Period of detention undergone by an accused where

the crime with which he is charged is non-bailable or, even if
bailable, he is unable to post the requisite bail.

When Preventive Imprisonment Applies

It applies to all sentences regardless of the duration

thereof, including the so-called perpetual penalties as long as
they involve deprivation of liberty. It also applies to
destierro.

When Detention Prisoner is Entitled to the Full-Credit of

his Preventive Suspension

If the detention prisoner agrees voluntarily in writing

to abide by the same disciplinary rules imposed upon
convicted persons.

In the case of youthful offender who has been

proceeded against under the Child and Youth Welfare Code,
he shall be credited in the service of his sentence with the full
time of his actual detention, whether or not he agreed to
abide by the same disciplinary rules of the institution.

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CRIMINAL LAW 1 – MODULE 7

EFFECTS OF PARDON
(Article 36)

Effect of Pardon by the President on the Political Rights of the

Accused

GR: Executive pardon does not restore the right to hold

public office or the right to suffrage.

XPN: When such rights are expressly restored.

Limits of the Pardoning Power of the President

1. Executive pardon can only be exercised after conviction

by final judgment.
2. Executive pardon does not extend to cases of
impeachment.

Effect of the Grant of Pardon on the Principal and Accessory

Penalties Imposed

GR: Pardon granted in general terms extinguishes only the

principal penalty and does not include the accessory penalty.

XPN:
1. When absolute pardon is granted after the term of
imprisonment has expired, it removes all that is left
of the consequences of the conviction.
2. If pardon expressly provides, accessory penalty is
extinguished.

Distinctions Between Executive Pardon and Pardon by the

Offended Party

EXECUTIVE PARDON PARDON BY THE OFFENDED

PARTY
Covers any crime, unless Crimes against chastity under
otherwise provided by the the RPC.
Constitution or the laws.
Extinguishes criminal liability. Does not extinguish criminal
liability.
Executive pardon does not Civil liability can be waived.
include civil liability.
Granted only after conviction Should be given before the

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Instructor, FLVC
CRIMINAL LAW 1 – MODULE 7
by final judgment. institution of the criminal
action.
COSTS
(Article 37)

Cost or Cost of Suit

It is the expenses of litigation allowed by the Rules of Court

to be assessed against or to be recovered by a party in litigation.

Inclusions of Costs

1. Fees;

2. Indemnities, in the course of judicial proceedings.

To Whom Costs are Chargeable

1. In case of conviction – chargeable to the accused.

2. In case of acquittal – costs are de officio, each party
bearing his own expenses.

NB: Payment of costs is discretionary to the courts.

PECUNIARY LIABILITIES
(Article 38)

Inclusions of Pecuniary Liabilities

In the following order:

1. Reparation of the damage caused

2. Indemnification of the consequential damages
3. Fine
4. Costs of proceedings

NB:
1. The order of payment applies in case the property of
the offender is not sufficient for the payment of his
pecuniary liabilities.

2. The order of payment is mandatory.

SUBSIDIARY LIABILITY

When Imposed

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CRIMINAL LAW 1 – MODULE 7

1. When there is a principal penalty of imprisonment or any

other principal penalty and it carries with it a fine; or
2. When the penalty is only a fine.

NB: A subsidiary penalty is not an accessory penalty.

It must be expressly stated in the sentence and convict must

have been insolvent to pay the fine and not mere refusal to pay it.

The sentence will merely provide that in case of non-

payment of the fine, the convict shall be required to serve
subsidiary penalty.

There shall be no subsidiary penalty for the non-payment of

damages to the offended party.

When Subsidiary Penalty Not Imposed

1. When penalty imposed is higher than prision correccional.

2. When the penalty imposed is fine and a penalty not to be

executed by confinement in a penal institution and which
has no fixed period.

3. For failure to pay the reparation of the damage caused,

indemnification of the consequential damages, and costs
of the proceedings.

CONFISCATION AND FORFEITURES OF THE PROCEEDS OR

INSTRUMENTS OF THE CRIME
(Article 45)

Rules on Confiscation and Forfeiture of the Proceeds of the

Crime

1. Every penalty imposed carries with it the forfeiture of the

proceeds of the crime and the instruments or tools used in
the commission of the crime.

2. Confiscation and forfeiture are in favor of the government.

3. Property of a third person not liable for the offense is not

subject to confiscation and forfeiture.

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CRIMINAL LAW 1 – MODULE 7
4. Property not subject of lawful commerce (whether it
belongs to the accused or third person) shall be
destroyed.

NB: Confiscation and forfeiture are additional penalties.

Hence, once the sentence has become final, the court can no
longer modify, alter, or change it by ordering confiscation and
forfeiture.

Cases when Confiscation and Forfeiture Cannot be Effected

1. The instruments belong to an innocent third party.

2. Such properties have not been placed under the

jurisdiction of the court.

3. When it is legally or physically impossible.

APPLICATION OF PENALTIES
(Articles 44-77)

How Penalties are Applied

GR: Penalty prescribed by law in general terms shall be

imposed upon the principals for the consummated felony.

XPN: When the law fixes the penalty for frustrated or

attempted felony.

When Graduated Scale is Followed

The graduated scale is followed when the law prescribes a

penalty lower or higher by one or more degrees than another given
penalty.

Scale 1
1. Death
2. Reclusion perpetua
3. Reclusion temporal
4. Prision mayor
5. Prision correccional
6. Arresto mayor
7. Destierro
8. Arresto menor
9. Public censure
10. Fine

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Instructor, FLVC
CRIMINAL LAW 1 – MODULE 7
Scale 2
1. Perpetual or Temporary Absolute Disqualification
2. Perpetual or Temporary Special Disqualification
3. Suspension from Public Office, the Right to Vote and to be
Voted for, the Profession or Calling
4. Public Censure
5. Fine

How Graduation of Penalty is Done

1. By Degrees:
a. Stages of Execution (consummated, frustrated, or
attempted);
b. Degree of criminal participation of the offender
(principal, accomplice, or accessory).

2. By Periods (Maximum, medium, and minimum).

Computation of Penalties for Principals, Accomplices and

Accessories

CONSUMMATED FRUSTRATED ATTEMPTED

Principal
0 1 2
Accomplice
1 2 3
Accessory
2 3 4

Interpretation:

0 – represents the penalty prescribed by law, which is to be

imposed on the principal in a consummated offense.

1 – represents that penalty prescribed by law must be

lowered by one degree to meet the different situations and
so on with numbers 2, 3, 4…

NB: The rules in the diagram shall not apply to cases where
the law prescribed the penalty for a frustrated or attempted
felony, or to be imposed upon accomplices or accessories.

Factors Considered in Determining the Extent of the Penalty to

be Imposed Under RPC

1. Stage reached.

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CRIMINAL LAW 1 – MODULE 7
2. Participations of the persons liable.
3. Aggravating or mitigating circumstances attendant.

Rules in Application of Indivisible Penalties

1. Single indivisible – it shall be applied regardless of any

mitigating or aggravating circumstances.

2. Composed of two indivisible penalties

a. Only one aggravating circumstance – greater penalty
shall be imposed
b. No mitigating and no aggravating circumstances –
lesser penalty shall be imposed
c. Mitigating circumstance and no aggravating – lesser
penalty shall be imposed
d. Both mitigating and aggravating circumstances are
present – court shall offset each other

NB: Moral value, not numerical weight should prevail.

GR: When penalty is composed of two indivisible penalties,

the penalty cannot be lowered by one degree, no matter how
many mitigating circumstances are present.

XPN: Privileged mitigating circumstances of Article 68

(person under 18 years of age) and 69 (incomplete justifying
or exempting circumstance)

Rules in the Application of Divisible Penalties

Applies only when the penalty has three periods:

1. No aggravating and no mitigating – medium period

2. Only a mitigating – minimum

3. Only an aggravating – maximum

4. When there are aggravating and mitigating – court shall

offset those of one class against the other according to
their relative weight

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CRIMINAL LAW 1 – MODULE 7
5. Two or more mitigating and no aggravating – penalty next
lower, in the period applicable, according to the number
and nature of such circumstance

6. Two or more aggravating – Limitation: no penalty greater

than the maximum period of the penalty prescribed by
law shall be imposed

7. Court can determine the extent of the penalty within the

limits of each period, according to the number and nature
of the aggravating and mitigating circumstances and the
greater or lesser the extent of the evil produced by the
crime.

NB: In applying the rules for graduating penalties, mitigating

and aggravating circumstances are disregarded. Mitigating
and/or aggravating circumstances should be considered only
after the penalty next lower in degree is already determined.

Cases where Mitigating and Aggravating Circumstances are

Not Considered in the Imposition of the Penalty

1. When penalty is single and indivisible

2. On felonies through negligence

3. The penalty to be imposed upon a Moro or other non-

Christian inhabitants. It lies in the discretion of the court

4. When penalty is only fine imposed by an ordinance

5. When penalties are prescribed by special laws

Rule when Penalty is Not Composed of Three Periods

Divide time included in the penalty into three equal portions

and one portion will correspond to one period.

NB: Penalties consisting in deprivation of liberty cannot be

served simultaneously.

Three-Fold Rule

The three-fold rule provides that the maximum duration of

convict’s sentence shall not be more than three times the length of

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CRIMINAL LAW 1 – MODULE 7
the most sever of the penalties imposed upon him but in no case to
exceed 40 years.

The three-fold rule applies only when the convict has to

serve at least 4 sentences successively.

Subsidiary penalty forms part of the penalty.

Subsidiary imprisonment: This shall be excluded in

computing for the maximum duration.

It applies although penalties were imposed for different

crimes at different times and under separate information.

NB: The three-fold rule must be addressed to the warden and

not to the judge.

Penalties that May be Served Simultaneously

1. Perpetual absolute disqualification

2. Perpetual special disqualification
3. Temporary absolute disqualification
4. Temporary special disqualification
5. Suspension
6. Destierro
7. Fine and bond to keep peace
8. Civil interdiction
9. Confiscation and payment of cost

NB: The above penalties, except destierro, maybe served

simultaneously with imprisonment.

ADDITIONAL PENALTIES TO BE IMPOSED UPON CERTAIN

ACCESSORIES
(Article 58)

Additional Penalties that could be Imposed in Certain

Accessories

Public officers who help the author of the crime by misusing

their office and duties shall suffer the additional penalties of:

1. Absolute perpetual disqualification – if the principal

offender is guilty of a grave felony

2. Absolute temporary disqualification – if the principal

offender is guilty of less grave felony.
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CRIMINAL LAW 1 – MODULE 7

Rules under Article 49

1. If penalty for felony committed is higher than that intended

– lower penalty in its maximum period shall be imposed

2. If penalty for felony committed is lower than that intended

– lower penalty in its maximum period shall be imposed
3. If the act committed also constitutes an attempt or
frustration of another crime and the law prescribes a
higher penalty for whether of the latter – penalty for the
attempted or frustrated crime in its maximum period
shall be imposed

NB: Article 49 applies in error in personae or when there is

mistake in the identity of the victim of the crime.

The penalty for the intended crime and the actual crime
committed are compared and the lower penalty is imposed
in the maximum period.

PENALTY FOR IMPOSSIBLE CRIME

(Article 59)

Penalty to be Imposed in case of Failure to Commit a Crime

because of the Means Employed or the Aims Sought are
Impossible

The penalty for impossible crime is arresto mayor or fine

ranging from P200-P500.

Basis for the Imposition of Penalty for Impossible Crime

1. The social danger it could cause

2. Degree of criminality shown by the offender

EXECUTION AND SERVICE OF PENALTIES

(Articles 78-88)

Rules in case of Insanity

1. When a convict becomes insane or imbecile after final

sentence has been pronounced, the execution of such
sentence is suspended only as regards the personal
penalty.

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2. If he recovers his reason, his sentence shall be executed
unless the penalty has prescribed.

3. Even if while serving his sentence, the convict becomes

insane or imbecile, the above provisions shall be
observed.

4. But the payment of his civil or pecuniary liabilities shall

not be suspended.
When Death Penalty Not Imposed

1. When the convict is below 18 years of age at the time of

the commission of the crime.

2. When the convict is over 70 years of age at the time of the

commission of the crime.

3. When upon appeal or automatic review of the case by the

Supreme Court, the required majority vote is not obtained
for imposition of the death penalty, in which cases the
penalty shall be reclusion perpetua. (Article 47)

Death penalty is not abolished. What is prohibited under R.A.

9346 is only the imposition of death penalty.

In lieu of the death penalty, the following shall be imposed:

1. The penalty of reclusion perpetua, when the law violated

makes use of the nomenclature of the penalties of the
RPC; or

2. The penalty of life imprisonment, when the law violated

does not make use of the nomenclature of the penalties of
the RPC. (Section 2, R.A. 9346)

NB: However, the corresponding civil liability should be the

civil liability corresponding to death. (People vs. Salome, G.R.
No. 169077, August 31, 2006)

When Execution of Death Penalty Suspended

1. When the convict is a woman who is pregnant or within

one year after delivery. (Article 83)

2. When a convict shall become insane or an imbecile after

final sentence has been pronounced. (Article 79)

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CRIMINAL LAW 1 – MODULE 7

When Death Penalty is Imposed but not Carried Out

1. In case of commutation of sentence.

2. If convict attains the age of 70 years old, in which case the

penalty will be automatically lowered to reclusion
perpetua.

NB: Only a penalty by final judgment can be executed. A

judgment is final if the accused has not appealed within 15
days or he has expressly waived in writing that he will not
appeal.

When destierro is Imposed

1. Death or serious physical injuries is caused or are inflicted

under exceptional circumstances.(Article 247)

2. Failure to give bond for good behavior in grave and light

threats. (Article 284)

3. Penalty for the concubine in concubinage. (Article 334)

4. When, after reducing the penalty by one or more degrees,

destierro is the proper penalty.

How destierro is Executed

1. Convict shall not be permitted to enter the place

designated in the sentence nor within the radius specified,
which shall not be more than 250 and not less than 25 km
from the place designated.

2. If the convict enters the prohibited area, he commits

evasion of service of sentence.

Place of Service of arresto menor

1. In the municipal jail;

2. In the house of the offender, but under the surveillance of

an officer of the law whenever the court provides in the
decision due to the health of the offender. But the reason
is not satisfactory just because the offender is a
respectable member of the community. (Article 88)

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CRIMINAL LAW 1 – MODULE 7

EFFECTS OF THE ATTENDING MITIGATING AND/OR

AGGRAVATING CIRCUMSTANCES AND OF HABITUAL
DELINQUENCY
(Article 62)

Person Considered as a Habitual Delinquent

For the purpose of this article, a person shall be deemed to

be habitual delinquent, if within a period of ten years from the date
of his release or last conviction of the crimes of serious or less
serious physical injuries, robbery, theft, estafa or falsification, he is
found guilty of any said crimes a third time or oftener.

Effects of Aggravating Circumstance, Mitigating Circumstance

and Habitual Delinquency

1. Aggravating circumstances (generic and specific) –

increases the penalty without, however, exceeding the
maximum provided by law

2. Mitigating circumstances – diminishes the penalty

3. Habitual delinquency – increases the penalty because of

multiple convictions in certain specific crimes or
recidivism, which is generally implied in habitual
delinquency and imposes an additional penalty

Rules on Aggravating and Mitigating Circumstances

1. Aggravating circumstances that are not taken into account

to increase the penalty are those which:

a. In themselves constitute a crime specially punished by

law; or
b. Are included by the law in defining a crime and
prescribing the penalty therefore; or
c. Are inherent in the crime.

2. Aggravating or mitigating circumstances that serve to

aggravate or mitigate the liability of the offenders to
whom such circumstances are attendant are which arise
from:

a. The moral attributes of the offender; or

b. From his private relations with the offended party; or
c. From any other personal cause.
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CRIMINAL LAW 1 – MODULE 7

3. Circumstances that serve to aggravate or mitigate the

liability of those persons only who had knowledge of them
at the time of the execution of the act or their cooperation
therein are those which consist:

a. In the material execution of the act; or

b. In the means employed to accomplish it.

MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY

How Criminal Liability is Extinguished

Criminal liability may be extinguished either, totally or

partially.

Circumstances which Totally Extinguish Criminal Liability

1. Death of the convict as to personal penalties; and as to

pecuniary penalties, liability thereto is extinguished only
when death of the offender occurs before final judgment.

NB: Extinguishment of criminal liability is a ground for motion

to quash.

The death of the offended party, however, does not extinguish

criminal liability of the accused because it is a crime against
the State.

2. Service of sentence

3. Amnesty which completely extinguishes the penalty and

all its effects

4. Absolute pardon

5. Prescription of the crime

6. Prescription of the penalty

7. Marriage of the offended woman as in the crimes of rape,

abduction, seduction, and acts of lasciviousness

Circumstances which Partially Extinguish Criminal Liability

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CRIMINAL LAW 1 – MODULE 7
1. Conditional pardon

2. Commutation of sentence

3. For good conduct allowances which the culprit may earn

while he is serving sentence

4. Parole

5. Probation

Effect of Offender’s Death

1. If before final judgment – his death extinguishes both his

criminal and civil liabilities.

2. If while the case is on appeal – case on appeal will be

dismissed. Offended party may file a separate civil action
under the Civil Code if any other basis for recovery of civil
liability exists as provided under Article 1157 of the Civil
Code.

NB: However, civil liability arising from sources other than the
crime committed survives and may be pursued in a separate
civil action. (People vs. Bayotas, G.R. No. 152007, September
02, 1994)

PRESCRIPTION OF CRIMES UNDER THE RPC

(Article 90)

Prescription of Crimes

Prescription of crimes is the forfeiture or loss of the right of

the State to prosecute the offender after the lapse of certain time.

GR: Prescription of the crime begins on the day the crime

was committed.

XPN: When the crime was concealed, prescription would

only commence from the time the offended party or the
government learns of the commission.

CRIMES PRESCRIPTION
Crimes punishable by death, 20 years
reclusion perpetua, reclusion
temporal

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CRIMINAL LAW 1 – MODULE 7
Crimes punishable by other 15 years
afflictive penalties
Crimes punishable by other 10 years, except those
correctional penalties punishable by arresto mayor
wherein the prescriptive
period is 5 years
Libel or other similar offenses 1 year
Oral defamation and slander by 6 months
deed
Light offenses 2 months

NB: In computing the period, the first day is excluded and the
last day included. Period is subject to leap years.

Prescription does not take away the court’s jurisdiction but

only absolves the offender and acquits him.

When fine is imposed as an alternative penalty to

imprisonment, and the fine constitutes a higher penalty than the
penalty of imprisonment, the basis of the prescriptive period is the
fine.

Rule where the Last Day of Prescriptive Period falls on a

Sunday or Legal Holiday

Where the last day of the prescriptive period for filing an

Information falls on a Sunday or legal holiday, the Information
could no longer be filed on the next day as the crime has already
prescribed.

Basis of Computation if the Penalty is Compound

The highest penalty is the basis of the application of the rules

contained therein.

PRESCRIPTION OF OFFENSES PUNISHABLE UNDER SPECIAL

LAWS AND MUNICIPAL ORDINANCES

IMPOSABLE PENALTY PRESCRIPTION

Imprisonment of six (6) years or more 12 years
Imprisonment of two (2) years but less than 8 years
six (6) years
Offenses under the NIRC 5 years
Imprisonment of over one (1) month but less 4 years
than two (2) years
Fine or imprisonment of not over one (1) 1 year

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CRIMINAL LAW 1 – MODULE 7
month or both
Violations of municipal ordinances 2 months

Rules in Computation of Prescription of Offenses

1. Period of prescription commences to run from the day the

crime is discovered by the offended party, the authorities
or their agents.

2. It is interrupted by the filing of the complaint or

Information.
3. It runs again when such proceedings terminate without
the accused being convicted or acquitted or are
unjustifiably stopped for any reason not immutable to
him.

4. It shall not run when offender is absent from the

Philippines.

NB: If dismissal is final, accused can no longer be prosecuted

even if still within the prescriptive period, on the ground of
double jeopardy.

The filing of the complaint or Information in court for

preliminary investigation interrupts the running of the
prescriptive period.

The term “proceedings” should now be understood either

executive or judicial in character: executive when it involves the
investigation phase and judicial when it refers to the trial and
judgment stage. With this clarification, any kind of investigative
proceeding instituted against the guilty person which may
ultimately lead to his prosecution should be sufficient to toll
prescription. (Panaguitan, Jr. vs. DOJ, G.R. No. 167571, November 25,
2008)

PRESCRIPTION OF PENALTIES

Prescription of Penalties

Prescription of penalties is the loss or forfeiture of the right

of the government to execute the final sentence after the lapse of
certain time.

Running of the Prescriptive Period, When Commenced

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CRIMINAL LAW 1 – MODULE 7
Prescriptive period of penalties will only commence to run
from the moment the convict evades the service of sentence.
(Article 91)

When Interrupted

It is interrupted when the convict:

1. Gives himself up;

2. Is captured;

3. Goes to a foreign country with which the

Philippines has no extradition treaty; or

4. Commits any crime before the expiration of the

period of prescription

Situations which do Not Follow Article 91

1. Continuing crimes – prescriptive period will start to run

only at the termination of the intended result.
2. In crimes against false testimony – prescriptive period is
reckoned from the day a final judgment is rendered and
not at the time when the false testimony was made.
3. Election offenses –

a. If discovery of the offense is incidental to judicial

proceedings, prescription begins when such
proceeding terminate; or

b. From the date of commission of the offense.

Distinctions between Prescription of Crimes and Prescription

of Penalties

PRESCRIPTION OF CRIMES PRESCRIPTION OF

Loss or forfeiture of the State to
prosecute.
Starts counting upon discovery
of the commission of the crime.
Mere absence from the
Philippines interrupts the
running of the prescription.
PENALTIES
Loss or forfeiture of the State to
enforce judgment.
Starts counting upon the
escape or evasion of service of
sentence.
Absence from the penalties
interrupts the period only
when he goes to a foreign

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CRIMINAL LAW 1 – MODULE 7
country without extradition
treaty with us.
Commission of another crime Commission of another crime
before the expiration of the before expiration of the period
period does not interrupt interrupts the prescription.
prescription.

ALLOWANCE FOR GOOD CONDUCT

(Article 97)

IMPRISONMENT DEDUCTION
First 2 years 5 days for each month of good
behavior
3-5 years 8 days for each month of good
behavior
6-10 years 10 days for each month of good
behavior
11 and so on years 15 days for each month of good
behavior

-End of Module 7-

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