PENALTIES

Penal laws shall have retroactive effect if : (Art 22).

↓ favorable to the person guilty of a felony

.
2 convict is not a habitual delinquent
Effect of pardon by the offended party (Art .

23)
criminal liability is not
extinguised
Civil liability with
regard to the interst of the offended party is

extinguished through express waiver

.

Exception Pardon the offended party

: by in crimes of concubinage and

adultery bars criminal prosecution.

Note : Pardon must be made before the institution of criminal

prosecution .

Measures of prevention or safety which are not considered penalties : (Art .

24)

1 Arrest and temporary detention of accused detention

persons or

by reason of insanity or imbecility ,

or illness requiring confinement
in a hospital.
2Commitment of to the institutions mentioned in .
Art So
. minous
any of

repealed by R A 9344
. .
<

.Suspension
3 from employment or
public office .
who is a habitual delinquent ?
A person habitual delinquent it within of
is a a
period 10 years

from the date of his last release or conviction of the crimes of

serious or less serious

physical injuries , robbery theft ,
estafa ,
or
,

falsification ,
he is found guilty of
any of said crimes a third time

or oftener .

Additional penalty for habitual delinquency :

1Third conviction

-
additional penalty of prision correctional in its medium and

maximum .
period
. Fourth
2 conviction

-
additional penalty of prision mayor in it minimum and

medium periods.
.
3 Fifth conviction or more

in its
additional penalty of prision mayor maximum period
-

to reclusion temporal in its minimum .

period
Note : Subsequent crime must be committed after conviction of former

crime
.