Criminal
Law I: Penalties
PENALTIES
SCALE OF PRINCIPAL PENALTY (Article 25)
PENALTIES (Article 25)
Capital punishment Death
Reclusion perpetua
Reclusion temporal
Afflictive penalties
Permanent or temporary
absolute disqualification
Permanent or temporary
special disqualification
Prision mayor
Prepared by: Gena Myrtle P. Terre (UST Law – 1A)
Articles 25-45
DURATION
(Article 27)
- Art. 40
20 years and one day to 40
years
12 years and one day to 20
years
Art. 76:
Min. – 12 years and 1 day
to 14 years and 8 months
Med. – 14 years, 8 months,
and 1 day to 17 years and
4 months
Max. – 17 years, 4 months,
and 1 day to 20 years
6 years and one day to 12
years
ACCESSORY PENALTY NOTES
Art. 47
Perpetual absolute Not imposed when:
disqualification 1. The guilty person is
Civil interdiction below 18 years
During 30 years, unless (children in conflict, as
remitted by a pardon amended by RA 9344)
2. More than 70 years
of age
3. Required majority
vote is not obtained for
the imposition of the
death penalty
Art. 41
Civil interdiction for life or
during period of the
sentence;
Perpetual absolute
disqualification to be
suffered even after pardon
from principal penalty
-
-
 Criminal Law I: Penalties
Art. 76:
Min. – 6 years and 1 day to
8 years
Med. – 8 years and 1 day
to 10 years
Max. – 10 years and 1 day
to 12 years
Prision correccional 6 months and one day to 6
years
Art. 76:
Min. – 6 months and 1 day
to 2 years and 4 months
Med. – 2 years, 4 months,
and 1 day to 4 years and 2
months
Max. – 4 years, 2 months,
and 1 day to 6 years
Suspension
Destierro
Correctional penalties
Arresto mayor One month and one day to
6 months
Art. 76:
Min. – 1 month to 2 months
Med. – 2 months and 1 day
to 4 months
Prepared by: Gena Myrtle P. Terre (UST Law – 1A)
Art. 42
Temporary absolute
disqualification and
Perpetual special
disqualification from the
right of suffrage to be
suffered although pardoned
from principal penalty
Art. 43
Suspension from public
office, the right to follow a
profession or calling;
Perpetual special
disqualification from the
right of suffrage, if the
imprisonment exceeds 18
months
To be suffered although
pardoned from principal
penalty
Art. 87
Any person sentenced
shall not be permitted
to enter the places
designated, nor within
the radius of not more
than 250 and not less
than 25 km from the
place
Art. 44
Suspension of the right to
hold office and right of
suffrage during the term of
sentence
 Criminal Law I: Penalties
Arresto menor
Light penalties
Public censure
Fine
Bond to keep the peace
Common to the three
preceding classes
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Max. – 4 months and 1 day
to 6 months
One day to 30 days
Art. 76:
Min. – 1 to 10 days
Med. – 11 to 20 days
Max. – 21 to 30 days
- -
- -
As the court may determine
Art. 88
To be served in
municipal jail or house
of the defendant under
the surveillance of a
law officer
Art. 26
Afflictive – More than
P6,000
Correctional – P200-
P6,000
Light – Less than P200
- Art. 35
- Present two sufficient
sureties who shall
undertake that such
person will not commit
the offense sought to
be prevented
- In case such offense
is committed, they will
pay the amount
determined by the
court in its judgment
- Failure to give a
bond: Detention not
exceeding 6 months for
grave or less grave
felonies; not exceeding
30 days for light
felonies
* Cannot be imposed.
No crime in RPC

ACCESSORY PENALTIES
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Prepared by: Gena Myrtle P. Terre (UST Law – 1A)
Criminal Law I: Penalties
prescribes it as a
penalty for felonies. It
is used, however, in
special penal laws
* Not the same as
bond for good
behavior, which Is
imposed against grave
or light threats
EFFECTS NOTES
Art. 30 (for public office)
1. The deprivation of the public offices and
employments, which the offender may have
held even if conferred by popular election.
2. The deprivation of the right to vote in any
election for any popular office or to be elected to
such office.
3. The disqualification for the offices or public
employments and for the exercise of any of the
rights mentioned.
In case of temporary disqualification, such
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.
Art. 31 (for public office, profession, or calling)
1. The deprivation of the office, employment,
profession or calling affected;
2. The disqualification for holding similar offices
or employments either perpetually or during the
term of the sentence according to the extent of
 Criminal Law I: Penalties

such disqualification.

Art. 32 (for the exercise of right of suffrage)

Suspension from public office, the right to vote and
be voted for, the profession or calling
Civil interdiction
Indemnification
Forfeiture or confiscation of instrument and
proceeds of the offense
1. Deprive the offender perpetually or during the
term of the sentence, according to the nature of
said penalty, of the right to vote in any popular
election
2. To be elected from such office
3. Shall not be permitted to hold any public
office during the period of his disqualification
Art. 33
1. Disqualify the offender from holding such
office or exercising such profession or calling or
right of suffrage during the term of the sentence
2. Shall not hold another having similar
functions during the period of his suspension
(suspension from public office)
Art. 34
Deprivation of:
1. Parental authority
2. Guardianship
3. Marital authority
4. Right to manage his property
5. Right to dispose of such property
Art. 45
1. In favor of the Government
2. Unless they be the property of a third person
not liable for the offense
3. Articles which are not subject to lawful
commerce shall be destroyed

* Imposed on every penalty

Payment of costs

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Art. 46 Penalties expressed in general terms are
understood as applicable to the principals of a
consummated felony
Art. 47 Death penalty is not imposed when:
1. The convict is below 18 years
2. Above 70 years
3. Required majority vote not obtained for
the imposition of the death penalty
Art. 48 Complex crimes – when there are two or
more grave or less grave felonies, or an offense
is necessary to commit the other
Penalty: For the most serious crime, in its
maximum period
Art. 49 Penalty for principals of a felony different
from that intended (Proximate Cause Doctrine)
1. Penalty for FC > Penalty for IF = Penalty
for IF in maximum period
2. Penalty for FC < Penalty for IF = Penalty
for FC in its maximum period
3. Penalty for FC < Penalty for attempted
for frustrated crime = Penalty for A/F
crime in maximum period
Art. 50-57 Graduating penalties
• Principal, frustrated/accomplice – one
degree lower
• Principal, attempted/accessory – two
degrees lower
EXCEPT: Art. 60, where law expressly
prescribes the penalty for a frustrated or
attempted felony
Art. 61 – Rules for graduating penalties,
minimum periods for indeterminate penalties
1. Single and indivisible – immediately
following indivisible penalty
2. Two indivisible/one or more divisible in
full extent – immediately following the
lesser penalty
Criminal Law I: Penalties
3. One/two indivisible + max. period of
divisible – min., med. of divisible + max.
of penalty that immediately follows
4. At least three periods of diff. divisible
penalties – period following the min.
period, two periods following that (three
periods down)
5. Penalty not provided in the four
preceding paragraphs – proceed by
analogy the corresponding penalties
• Two periods (two periods
down)
a. Same penalty – two periods
lower of same penalty
b. Diff. penalty – two periods
lower of the penalty
immediately following
• One period – the next period
that immediately follows (one
period down)
Art. 62 – Effects of MC, AC, habitual
delinquency
1. Aggravating circumstances that
constitute and defines a crime do not
increase penalty
• Taking advantage of public
position = max. regardless of
mitigating
• Belongs to
organized/syndicated crime
group = max.
2. Same rule for AC inherent in a crime
3. AC/MC that:
• Arise from moral attributes
• Private relations with offended
party
• Any other personal cause
Ø only applies to principals, accomplices,
accessories, to whom they are attendant
4. AC/MC that:
• Consist in material execution of
the act
Prepared by: Gena Myrtle P. Terre (UST Law – 1A)
• Means employed
Ø Applies only to those who have
knowledge
5. Habitual delinquency
rd
• 3 conviction = prision
correccional in med. and max.
periods
th
• 4 conviction = penalty of his
last crime + prision mayor, min.
and med.
th
• 5 or additional conviction =
penalty of his last crime +
prision mayor, max. to reclusion
temporal, min.
• Total of two penalties shall not
exceed 30 years
Art. 63 Rules for indivisible penalties
1. Single indivisible = applied, regardless
of AC/MC
2. Two indivisible penalties
a. 1 AC = greater penalty
b. No AC, No MC = lesser penalty
c. 1 MC, No AC = lesser penalty
d. Both AC, MC = offset one another
Art. 64 Rules for divisible penalties
1. No AC, No MC = medium period
2. MC only = min. period
3. AC only = max. period
4. Both AC and MC = offset one another
5. Two or more MC, No AC = penalty next
lower in the period appropriate, acc. to
number and nature of such
circumstances
6. No penalty greater than max., no matter
how many AC are attendant
7. Court can determine extent of penalty
within limits of each period à number,
nature of AC/MC, extent of evil
Indeterminate Sentence Law
• Punished by special law
 Criminal Law I: Penalties

- maximum shall not exceed fixed by 2. Reclusion perpetua
law Art. 67 Injury by mere accident, incomplete 3. Reclusion temporal
- minimum shall not be less requisites (Art. 12, No. 4) 4. Prision mayor
• Punished by RPC 5. Prision correccional
- maximum imposed by RPC • Grave felony: arresto mayor, maximum 6. Arresto mayor
- minimum within range of penalty period to prision correccional, minimum 7. Arresto menor
next lower to that prescribed, period 8. Destierro
without considering MC/AC • Less grave felony: arresto mayor, 9. Perpetual absolute disqualification
* MC/AC considered only in maximum minimum and medium 10. Temporary absolute disqualification
* Discretion of courts which period in penalty 11. Suspension from public office, right of
next lower Art. 68 Penalty for children under 18 (Amended suffrage, right to follow a profession or
* PMC will lower penalty by one degree, thus by RA 9344) calling
penalty next lower is the starting point of 1. Over 9 y/o – under 15 y/o, acted with 12. Public censure
minimum penalty discernment – penalty lower by at least
* After serving minimum à fit for release, parole two degrees (AMENDED: exempted Art. 71 Scale of Graduating Penalties
- not fit for release à serve sentence until from criminal liability)
maximum 2. Over 15 y/o – under 18 y/o – penalty Scale no. 1
next lower, always in proper period 1. Death*
Probation – a defendant, after conviction and (AMENDED: no penalty, except when 2. Reclusion perpetua*
sentence, is released subject to conditions acted with discernment, will undergo 3. Reclusion temporal
imposed by the court and to the supervision of a diversion programs) 4. Prision mayor
probation officer 5. Prision correccional
- suspension of execution of sentence Art. 69 Penalty for incomplete justifying or 6. Arresto mayor
upon application within period for exempting circumstances (majority of requisites 7. Destierro
perfecting an appeal must be present) 8. Arresto menor
- filed in trial court, a waiver of right to 9. Public censure*
appeal, order on probation not Penalty as may be deemed proper, considering 10. Fine*
appealable number and nature of conditions present or * - indivisible penalties
- interlocutory judgment lacking
Scale no. 2
Art. 65 When penalty is not composed of three Art. 70 1. Perpetual absolute disqualification
periods 1. Two or more penalties served 2. Temporary absolute disqualification
1. Compute duration of penalty simultaneously, or 3. Suspension from public office, right of
2. Subtract minimum from maximum 2. Imposed in the order of respective suffrage, right to follow a profession or
3. Divide difference by 3 severity based on the scale in this article calling
4. To get the max. for each period, just add * Max – not more than three-fold the length of 4. Public censure
2 years starting from minimum periods time corresponding to the most severe penalty 5. Fine
EXCEPT: Art. 76 – arresto mayor * No other penalty – sum of penalties equal max.
period Art. 72 Civil liabilities of two or more offenses
Art. 66 Court may fix the amount of fine are satisfied in chronological order of dates of
considering: final judgment
1. MC/AC Scale of penalties according to severity:
2. Wealth or means of the culprit 1. Death
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Art. 73 Accessory penalties are deemed
imposed upon the convict
Art. 74
Law prescribes penalty higher than another
given penalty without designating a name, death
shall be considered the higher penalty
Art. 75 Fine shall be increased or reduced by ¼
of the maximum amount prescribed by law,
without changing the minimum
Art. 76 Divisible penalties: minimum, medium,
maximum periods
Art. 77 Three distinct penalties: lightest –
minimum; next – medium; most severe –
maximum
Criminal Law I: Penalties
Art. 83 Death sentence shall not be inflicted
upon:
1. A pregnant woman, and a year after she
has given birth
2. Any person over 70 years old
Art. 84 Execution shall take place in the
penitentiary or Bilibid in a space closed to the
public
Art. 85 The corpse of the culprit shall be turned
over to institute of learning or scientific research,
or buried at government expense
Art. 86 Reclusion perpetua, reclusion temporal,
prision mayor, prision correccional, and arresto
mayor – to be executed and served in penal
establishments provided

Art. 78 Penalty shall be executed by final Art. 87-88 See table

judgment; no other form than that prescribed by
law

Art. 79
1. In case of imbecility or insanity after final
sentence – personal penalty is
suspended
2. Recover his reason – sentence is
executed unless it has prescribed
3. Shall be observed even while convict is
serving sentence

Art. 80 Amended by RA 9344

Art. 81 Death sentence shall be executed with

preference to other penalty; by lethal injection;
carried out not earlier than 1 year nor later than
18 months after final judgment

Art. 82 Court shall designate the day, not the

hour, of execution; shall take place only after 8
hours upon notifying the convict, before sunset

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