Penalties

Arts. 21-27, Revised Penal Code

 PENALTIES IN GENERAL
Article 21. Penalties that may be imposed.

No felony shall be punishable by any penalty not prescribed

by law prior to its commission.

Penalty = Prescribed by law at the time of its commission

 REPUBLIC ACT No. 9346 (June 24, 2006)
AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE
PHILIPPINES
SEC. 2. In lieu -
(a) Reclusion perpetua (law violated makes use of the nomenclature of
the penalties of the Revised Penal Code); or

(b) Life imprisonment (not make use of the nomenclature of the

penalties of the Revised Penal Code).
 PENALTIES IN GENERAL
Article 22. Penal Laws shall have a retroactive effect
1.favor the persons guilty of a felony
2.not a habitual criminal

Habitual delinquent - within a period of 10 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 of said crimes a third time or oftener
 PENALTIES IN GENERAL
Article 23.

General Rule (GR): Pardon of the offended party does not

extinguish criminal action.

Exception (XPN): crimes of adultery, concubinage, seduction,

abduction, rape and acts of lasciviousness
Civil liability with regard to the interest of the injured party
is extinguished by his express waiver.
 DURATION AND EFFECTS OF PENALTIES
Section One - Duration of Penalties
PENALTY (Article 27) DURATION
Reclusion perpetua GR: Pardoned -undergone 30 years
XPN: by reason of conduct or some other serious cause - considered by the
Chief Executive as unworthy of pardon.

Reclusion temporal 12 years and 1 day to 20 years

Prision mayor and temporary
disqualification
Prision correccional,
suspension, and destierro
GR: 6 years and 1 day to 12 years
XPN: disqualification = accessory penalty - duration of principal penalty
GR: 6 months and 1 day to 6 years
XPN: suspension is imposed as an accessory penalty, in which case, its
duration shall be that of the principal penalty

Arresto mayor 1 month and 1 day to 6 months

Arresto menor 1 day to 30 days
Bond to keep the peace Required to cover such period of time as the court may determine