COMPREHENSIVE TABLE OF PENALTIES

by: Maximus Notes

PENALTIES
ACCORDING SCALE PRINCIPAL
DESCRIPTION DURATION PRESCRIPTION EFFECTS REMARKS
TO SEVERITY / PERIOD / ACCESSORY
(Art 70)
Death Capital n/a n/a Its Accessories are: GR: It shall be imposed in All RA 9346 (AN ACT PROHIBITING THE
Punishment 1. Perpetual Absolute case IMPOSITION OF DEATH PENALTY IN
Indivisible Disqualification Ex: THE PHILIPPINES)
Principal 2. Civil Interdiction (1) Minor
Belongs to *UNLESS remitted in (2) 70 years old or above SEC. 2. In lieu of the death penalty, the
Scale no.1(1) pardon following shall be imposed.
(Art 71) RA 9346
SEC. 3. Person convicted of (a) the penalty of reclusion perpetua,
offenses punished with when the law violated makes use of the
reclusion perpetua, or whose nomenclature of the penalties of the
sentences will be reduced to Revised Penal Code; or
reclusion perpetua, by
reason of this Act, shall not (b) the penalty of life imprisonment, when
be eligible for parole under the law violated does not make use of the
Act No. 4180, otherwise nomenclature of the penalties of the
20 years known as the Indeterminate Revised Penal Code.
Sentence Law, as amended.
AUTOMATIC REVIEW applies

Subsidiary Penalty/Imprisonment does

not apply
Reclusion Afflictive 20 years and n/a Its Accessories are: Art. 63. Rules for the application of
Perpetua Indivisible 1 day to 40 1. Perpetual Absolute indivisible penalties. — In all cases in
Principal years Disqualification for life or which the law prescribes a single
Scale no.1(2) during period of sentence indivisible penalty, it shall be applied by
(Art 71) 2. Civil Interdiction the courts regardless of any mitigating or
*UNLESS remitted in aggravating circumstances that may have
pardon attended the commission of the deed.

In all cases in which the law prescribes a

penalty composed of two indivisible
penalties, the following rules shall be
observed in the application thereof:
1. When in the commission of the deed
there is present only one aggravating
circumstance, the greater penalty shall be
 applied.
2. When there are neither mitigating nor
aggravating circumstances and there is
no aggravating circumstance, the lesser
penalty shall be applied.
3. When the commission of the act is
attended by some mitigating
circumstances and there is no
aggravating circumstance, the lesser
penalty shall be applied.
4. When both mitigating and aggravating
circumstances attended the commission
of the act, the court shall reasonably allow
them to offset one another in
consideration of their number and
importance, for the purpose of applying
the penalty in accordance with the
preceding rules, according to the result of
such compensation.

Subsidiary Penalty/Imprisonment does

not apply
Reclusion Afflictive 12 years and Minimum: 12 years and 1 Its Accessories are: n/a Subsidiary Penalty/Imprisonment does
Temporal Divisible 1 days to 20 day to 14 years and 8 1. Perpetual Absolute not apply
Principal years months Disqualification
Scale no.1 (3) One degree Lower: Prision 2. Civil Interdiction
mayor maximum *UNLESS remitted in
Two Degrees Lower: Prision pardon
mayor maximum
Medium:
14 years, 8 months and 1
day to 17 years and 4
months
One degree Lower:
reclusion temporal minimum
Two Degrees Lower: Prision
Mayor Maximum
Maximum:
17 years and 4 months and
1 day to 20 years
One degree Lower:
Two Degrees Lower:
Prision Mayor Afflictive 6years and 1 Minimum: 15 years Its Accessories are: n/a Subsidiary Penalty/Imprisonment does
Divisible day to 12 6 years and 1 day to 8 1. Temporary absolute not apply
Principal years years disqualification and
 Scale no.1 (4) (One degree lower is prision
correctional maximum.
Two degrees lower is
prision correctional
medium.)
Medium:
8 years and 1 day to 10
years
(One degree lower is prision
mayor minimum.
Two degrees lower is
prision correctional
maximum.)
Maximum:
10 years and 1 day to 12
years
(One degree lower is prision
mayor medium.
Two degrees lower is
prision mayor minimum)
Prision Correccional 6 months Minimum:
correccional Divisible and 1 day to 6 months and 1 day to 2
Principal 6 years. years and 4 months.
Scale no.1 (5) (One degree lower is
arresto mayor maximum.
Two degress lower is
arresto mayor medium.)
Medium:
2 years, 4 months and 1
day to 4 years
(One degree lower is prision
correctional minimum.
Two degrees lower is
arresto mayor maximum.)
Maximum:
4 years, 2 months and 1
day to 10 years
(One degree lower is
arresto mayor maximum to
prision correctional medium.
Two degrees lower is
destierro maximum or
arresto mayor minimum and
medium.)
2. perpetual special
disqualification from the
right of suffrage which the
offender shall suffer
although pardoned as to the
principal penalty*
10 years Its accessories are:
1. Suspension from public
office, from the right to
follow a profession or
calling, and that of
2. perpetual special
disqualification from the
right of suffrage, if the
duration of said
imprisonment shall exceed
eighteen months.
Note:
The offender shall suffer the
disqualification provided in
the article although
pardoned as to the principal
penalty, unless the same
shall have been expressly
remitted in the pardon.
n/a NOTE: ISLAW not applicable if maximum
term of imprisonment does not exceed 1
year
Art. 39. Subsidiary penalty. — If the
convict has no property with which to
meet the fine mentioned in the paragraph
3 of the nest preceding article, he shall be
subject to a subsidiary personal liability at
the rate of one day for each eight pesos,
subject to the following rules:
1. If the principal penalty imposed be
prision correccional or arresto and fine, he
shall remain under confinement until his
fine referred to in the preceding
paragraph is satisfied, but his subsidiary
imprisonment shall not exceed one-third
of the term of the sentence, and in no
case shall it continue for more than one
year, and no fraction or part of a day shall
be counted against the prisoner.
Arresto Mayor Correcional 1 month and Minimum : 5 years Its Accessories are: NOTE: ISLAW not applicable
Divisible 1 day to 6 1 month and 1 day to 2 1. Suspension See Art 39
Principal months months a. of the right to hold office
Scale no.1(6) Medium : and the
2 months and 1 day to 4 b. right of suffrage during
months the term of the sentence
(One degree lower is
arresto mayor minimum
Two degrees lower is
arresto mayor minimum)
Maximum :
4 months and 1 day to 6
months
(One degree lower is
arresto mayor medium
Two degrees lower is
arresto mayor minimum)
Arresto Menor Light Penalty 30 days Minimum: 2 months Same as Arresto Mayor n/a NOTE: ISLAW not applicable
Divisible 1 to 10 days
Principal Medium: See Art. 39
Scale no. 1(8) 11 to 20
Maximum:
21 to 30 days.
Destierro Correcional 6 months 10 years n/a It is a punishment whereby a Under the Revised Penal Code, destierro
Principal and 1 day to convict is banished from a is the penalty imposed in the following
six years certain place and is situations:
prohibited from entering or
coming near that place (1) When a legally married person who
designated in the sentence had surprised his or her spouse in the act
for not less than 25 of sexual intercourse with another and
kilometers. while in that act or immediately thereafter
should kill or inflict serious physical
injuries upon the other spouse, and/or the
paramour or mistress. This is found in
Article 247.

(2) In the crimes of grave threats and/or

light threats, when the offender is required
to put up a bond for good behavior but
failed or refused to do so under Article
248, such convict shall be sentenced with
destierro so that he would not be able to
carry out his threat.

(3) In the crime of concubinage, the

 penalty prescribed for the concubine is
destierro under Article 334.

(4) Where the penalty prescribed by law

is arresto mayor, but the offender is
entitled to privileged mitigating
circumstances and, lowering the
prescribed penalty by one degree, the
penalty becomes destierro. Thus it shall
be the one imposed.

Art. 29. Period of preventive imprisonment

deducted from term of imprisonment.

In case the maximum penalty to which

the accused may be sentenced is
destierro, he shall be released after thirty
(30) days of preventive imprisonment

NOTE: ISLAW not appplicable

Perpetual Afflictive Perpetual Temporary Disqualification As afflictive Its principal: Art. 30. Effects of the
Absolute / Scale no. 2 Absolute: If Principal Penalty: penalty: If Perpetual, penalties of perpetual or
Temporay (1&2) Lifetime Minimum: 15 years 1. Death temporary absolute
Disqualification - does not 6 years and 1 day to 8 2. Reclusion Perpetua disqualification. — The
principal and depend on years 3. Reclusion Temporal penalties of perpetual or
accessory the length of temporary absolute
the prison Maximum: If Temprary, disqualification for public
term which is 10 years and 1 day to 12 Prision Mayor office shall produce the
imposed as years following effects:
its principal 1. The deprivation of the
penalty TEMPORARY public offices and
DISQUALIFICATION employments which the
Temporary MAXIMUM PERIOD TO offender may have held even
Absolute PERPETUAL if conferred by popular
Disqualificati DISQUALIFICATION - 10 election.
on: years and 1 2. The deprivation of the
If principal: day to perpetual right to vote in any election
6 years and disqualification for any popular office or to
1 day to 12 be elected to such office.
years 3. The disqualification for the
offices or public
If not: employments and for the
Its duration exercise of any of the rights
shall be that mentioned.
of the In case of temporary
 principal disqualification, such
penalty. disqualification as is
comprised in paragraphs 2
and 3 of this article shall last
during the term of the
sentence.
4. The loss of all rights to
retirement pay or other
pension for any office
formerly held
Suspension Principal and If principal SUSPENSION 10 years Its Principals: Art. 33. Effects of the
accessory 6 months Minimum : 1. Prision Correcional penalties of suspension from
Correccional and 1 day to 6 months and 1 day to In cases of suspension to any public office, profession
Divisible 6 years 4 years and 2 months the right to hold office and to or calling, or the right of
Scale 2(3) follow profession suffrage. — The suspension
If accessory: SUSPENSION MINIMUM from public office, profession
Its duration AND MEDIUM - 6 months or calling, and the exercise
shall be that and 1 day to 4 years and 2 of the right of suffrage shall
of the months disqualify the offender from
principal holding such office or
penalty. exercising such profession
or calling or right of suffrage
during the term of the
sentence.
The person suspended from
holding public office shall not
hold another having similar
functions during the period of
his suspension.
Public Censure Light Penalty No fixed n/a AS light offense: n/a A formal, public reprimand If the penalty is public censure and fine
Principal duration 2 months for an infraction or violation even if the public censure is a light
Scale 2(4) penalty, the convict cannot be required to
Indivisible pay the fine for subsidiary penalty for the
non-p0ayment of the fine because public
censure is a penalty that has no fixed
duration.
-Subsidiary Imprisonment does not apply