Penalties

Under the Revised Penal Code

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 What Is A Penalty?
• It is the suffering that is
inflicted by the State for
the transgression of a law.
• In its general sense,
signifies pain; especially
considered in the juridical
sphere,
• It means suffering
undergone, because of the
action of human society, by
one who commits a crime

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 What Are The Juridical
Conditions Of Penalty?
a) Must be productive of suffering, without
however affecting the integrity of the
human personality.
b) Must be commensurate with the offense –
different crimes must be punished with
different penalties.
c) Must be personal – no one should be
punished for the crime of another.

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 What Are The Juridical
Conditions Of Penalty?
d) Must be legal – it is the consequence of a
judgment according to law.
e) Must be certain – no one may escape its
effects.
f) Must be equal for all.
g) Must be correctional.

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 What Is The Purpose Of The
State In Punishing Crimes?
To Secure Justice.
• The State has an existence of its own to
maintain, a conscience of it’s to assert,
and moral principles to be vindicated.
• Penal justice must be therefore be
exercised by the State in the service and
satisfaction of a duty, and rests primarily
on the moral rightfulness of the
punishment inflicted.

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 What Are The Theories
Justifying Penalty?
a) Prevention
b) Self-defense
c) Reformation
d) Exemplarity
e) Justice
• Note: Social defense and exemplarity
justify the penalty of death.

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 What Are The Three-Fold Purposes
Of A Penalty Under RPC?
1. Retribution or Expiation – the penalty is
commensurate with the gravity of the
offense.
2. Correction or Reformation – as shown by
the rules which regulate the execution of the
penalties consisting in deprivation of liberty.
3. Social defense – shown by its inflexible
severity to recidivists and habitual
delinquents.

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 When Penalty May NOT Be
Imposed?

• No felony shall be punishable by any

penalty not prescribed by law prior to its
commission. (Art 21,RPC)

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 When Penal Laws Shall Have A
Retroactive Effect?
• Penal laws shall have a retroactive effect in
so far as they favor the person guilty of a
felony, who is not a habitual criminal. (Art. 22,
RPC)
• Although at the time of the publication of such
laws a final sentence has been pronounced
and the convict is serving the same.
 Note: General rule is to give criminal laws
prospective effect.

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 When Penal Laws Shall Have A
Retroactive Effect?
The favorable retroactive effects of a new
law find the defendant in one of these
three situations:
a) The crime has been committed and
prosecution begins;
b) Sentence has been passed but service
has not begun;
c) The sentence is being carried out.

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 What Is The Effect Of Pardon By
The Offended Party?
• A pardon by the offended party does not
extinguish criminal action except as
provided in Article 344 of RPC.
• But civil liability with regard to the interest
of the injured party is extinguished by his
express waiver.
• Pardon under Art. 344 of RPC must be
made before institution of criminal
prosecution.

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 What Is The Effect Of Pardon By
The Offended Party?
Note: Pardon under Art. 344 of RPC is
only a bar to criminal prosecution. Art. 89
of RPC does not mention pardon by the
offended party as one of the causes of
total extinguish of criminal liability.

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 When Pardon May Be Granted?
• Pardon may be granted only after
conviction by final judgment.

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 What are the effects of pardon by
the President?
• A pardon shall not restore the right to hold
public office or the right of suffrage. It shall
not exempt the culprit from the payment of
the civil indemnity.
• Exception: When any or both such rights is
or are expressly restored by the terms of
the pardon.(Art. 36, RPC)

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 What Are The Measures Of
Prevention Or Safety Which Are
Not Considered Penalties?
a) The arrest and temporary detention of
accused persons
b) The commitment of a minor to any of the
institutions mentioned in RA 9344.
c) Suspension from the employment or
public office during the trial or in order to
institute proceedings.

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 What Are The Measures Of
Prevention Or Safety Which Are
Not Considered Penalties?
d) Fines and other corrective measures.
e) Deprivation of rights and the reparations
which the civil law may establish in penal
form.

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 What Are The Penalties That May
Be Imposed?
1. Principal Penalties:
1.1 Capital Punishment: Death
1.2 Afflictive Penalties:
 Reclusion Perpetua
 Reclusion Temporal
 Perpetual or Temporary Absolute Disqualification
 Perpetual or Temporary Special Disqualification
 Prision Mayor

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 What Are The Penalties That May
Be Imposed?
1.3 Correctional Penalties:
 Prision Correccional
 Arresto Mayor
 Suspension
 Destierro

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 What Are The Penalties That May
Be Imposed?
1.4 Light Penalties:
 Arresto Menor
 Public Censure
1.5 Penalties common to the three preceding
classes:
 Fine, and
 Bond to keep the peace.

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 What Are The Penalties That May
Be Imposed?
2. Accessory Penalties:
 Perpetual or Temporary Absolute Disqualification
Perpetual
 Temporary Special Disqualification
 Suspension from public office, the right to vote and
be voted for, the profession or calling
 Civil interdiction
 Indemnification
 Forfeiture
 Confiscation of instruments and proceeds of the
offense
 Payment of Cost

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 What Are The Classifications Of
Penalties?
• Principal penalties – those expressly
imposed by the court in the judgment of
conviction.
• Accessory penalties – those that are
deemed included in the imposition of the
principal penalties.

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 Classification Of Principal
Penalty
1. Indivisible penalties – are those which
have no fixed duration, which are:
 Death
 Reclusion Perpetua
 Perpetual absolute or special disqualification
 Public censure
2. Divisible penalties – are those that have
fixed duration and are divisible into three
periods.
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 What Is The Classification If The
Principal Penalty Consists Of A
FINE Only?
• Afflictive Penalty, if fine exceeds 6,000
pesos.
• Correccional Penalty, if fine does not
exceed 6,000 pesos but is not less than
200 pesos.
• Light Penalty, if fine is less than 200
pesos.

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 What Is The Duration Of Each
Penalty?
• Reclusion Perpetua – shall be from twenty years and
one day to forty years
• Reclusion Temporal – 12 years and 1 day to 20 years
• Prision Mayor – 6 years and 1 day to 12 years
• Prision Correccional – 6 months and 1 day to six years
• Arresto Mayor – 1 month and 1 day to 6 months
• Arresto Menor – 1 day to 30 days
• Bond to keep the peace – shall be required to cover
such period of time as the court may determine.

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 In What Cases May Destierro Be
Imposed?
a. Serious physical injuries or death under
exceptional circumstances (Art. 247)
b. In case of failure to give bond for good
behavior (Art. 248)
c. As a penalty for the concubine in
concubinage (Art. 334)
d. In cases where after reducing the
penalty by one or more degrees
destierro is the proper penalty.

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 Terms To Consider
• Preventive Imprisonment
• Subsidiary Penalty
• Cost
• Civil Interdiction

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 Cost
• Cost shall include
– fees and indemnities in the course of the
judicial proceedings,
– whether they are fixed or unalterable amounts
previously determined by law or regulations in
force, or
– amounts not subject to schedule.

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 What Are The Pecuniary
Liabilities Of Persons Criminally
Liable?
• The reparation of the damage caused
• Indemnification of the consequential
damages
• Fine
• Costs of Proceedings. (Art. 38, RPC)

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 What Is Subsidiary Penalty?
• It is a subsidiary personal liability to be
suffered by the convict who has no
property with which to meet the fine, at
the rate of one day for each eight
pesos, subject to the rules provided for in
Article 39.

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 When Subsidiary penalty is not
imposable?
• When the penalty imposed is higher than
prision correccional. (Par. 3, Art. 39, RPC)
For failure to pay the reparation of the
damage caused, indemnification of the
consequential damages, and the costs of the
proceedings.
• When the penalty imposed is fine and a
penalty not to be executed by confinement in
a penal institution and which has no fixed
duration.

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 When Is There A Complex
Crime?
• When a single act constitutes two or more
grave or less grave felonies. (compound
crime)
• When an offense is a necessary means for
committing the other. (complex crime
proper)
• Note: No complex crime where one of the
offense is penalized by a special law.

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 What Is Special Complex Crime?
• Cases which seem to be complex crimes
but cannot be considered as such, as the
RPC specially provides penalty therefore.
• Example:
– Robbery with Homicide (Art. 294, par. 1),
– Robbery with Rape (Art. 294, par. 2),
– Kidnapping with Serious Physical Injuries (Art.
267, par. 3),
– Kidnapping with Murder or Homicide (Art. 267,
last par.), or
– Rape with Homicide (Art. 335).

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 What Is Plurality Of Crimes?
• It consists in the successive execution
• by the same individual
• of different criminal acts
• upon any of which no conviction has yet
been declared.

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 What Is Continued Crime?
• It is a single crime
• consisting of a series of acts
• but all arising from one criminal resolution.

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 What Is The Rule on Successive
Service of Sentences?
1. When the culprit has to serve two or more
penalties, he shall serve them
simultaneously if the nature of the
penalties will so permit (Par. 1, Art. 70,
RPC)

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 What Is The Rule on Successive
Service of Sentences?
2. Otherwise, in the imposition of the
penalties, the order of their respective
severity shall be followed so that they
may be executed successively. (Par. 2,
Art. 70, RPC)

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 What Is The Rule on Successive
Service of Sentences?
• Note: Material Accumulation System -
absolute accumulation of crimes and
penalties and establishes no limitation
whatsoever and, accordingly, all the
penalties for all the violations were
imposed even if they reached beyond the
natural span of human life. (Guevara)

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 What Is The Three-Fold Rule?
• It means that the maximum duration of the
convict’s sentence shall not be more than
threefold the length of time corresponding
to the most severe of the penalties
imposed upon him.

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 What Is The Three-Fold Rule?
• No other penalty shall be inflicted after the
sum of those imposed equals the said
maximum period.
• Such maximum penalty shall in no case
exceed forty years.
• Applicable only when the convicted person
has to serve at least four (4) sentences.

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 What Is The Three-Fold Rule?
• Note: Juridical Accumulation System -
the service of the several penalties
imposed on one and the same culprit is
limited to not more than three-fold the
length of time corresponding to the most
severe and in no case to exceed 40 years.

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 Note:
• The duration of the convict’s sentence
refers to several penalties for different
offenses, not yet served out.
• Subsidiary imprisonment forms part of the
penalty. (Bagtas vs. Director of Prisons, 84
Phil. 692, 698)

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 Other System of Penalty
• Absorption system - the lesser penalties
are absorbed by the graver penalties.
• Observed in the imposition of complex
crimes (Art 48), continuing crimes, and
specific crimes like robbery with homicide,
etc.)

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 What Is Executive Clemency?
• It refers to
• Commutation of Sentence
• Absolute and Conditional Pardon
– with or without parole conditions,
– as may be granted by the President of the
Philippines
– upon the recommendation of the Board of
Pardon and Parole.

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 When Is Criminal Liability Totally
Extinguished?
• By the death of the convict
• By service of the sentence
• By amnesty, which completely extinguishes the
penalty and all its effects
• By absolute pardon
• By prescription of the crime
• By prescription of the penalty
• By the marriage of the offended woman, as provided
in Art. 266-C of this Code.
• NOTE: The extinction of criminal liability does not
automatically extinguish the civil liability. (Petralba vs.
Sandiganbayan, 200 SCRA 644)

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 When Is Criminal Liability Totally
Extinguished?
• NOTE:
• The extinction of criminal liability does not
automatically extinguish the civil liability.
(Petralba vs. Sandiganbayan, 200 SCRA
644)

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 When Is Criminal Liability
Partially Extinguished?
• By conditional pardon
• By commutation of the sentence; and
• For good conduct allowances which the
culprit may earn while he is serving
sentence.

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 What Is Amnesty?
• It is an act of the sovereign power granting
oblivion or a general pardon for a past
offense, and is rarely, if ever, exercised in
favor of a single individual, and is usually
exerted in behalf of certain classes of
persons, who are subject to trial but have
not yet been convicted. (Brown vs. Walker,
161 US 602)

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 What Is Pardon?
• It is an act of grace proceeding from the
power entrusted with the execution of the
laws which exempts the individual on
whom it is bestowed from the punishment
the law inflicts for the crime he has
committed.
• Two kinds of pardon:
a) Absloute
b) Conditional

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 Prescription of Crimes vs.
Prescription of Penalties
• Prescription of Crimes – the loss or
forfeiture of the power of the State to
prosecute offenses after the lapse of the
period prescribed by law.
• Prescription of Penalty – the loss or
forfeiture of the power of the State to
impose punishment after the lapse of the
period prescribed by law.

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 When Does A Crime Prescribe?
• Crimes punishable by death, reclusion
perpetua or temporal shall prescribe in 20
years.
• Crimes punishable by other afflictive
penalties shall prescribe in 15 years.

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 When Does A Crime Prescribe?
• Those punishable by a correctional
penalty shall prescribe in 10 years;
• With the exception of those punishable by
arresto mayor, which shall prescribe in 5
years.

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 When Does A Crime Prescribe?
• The Crime of libel or other similar offenses
shall prescribe in 1 year.
• The offenses of oral defamation and
slander by deed shall prescribe in 6
months.
• Light offenses prescribe in 2 months.

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 When And How Penalties
Prescribe?
• Death and reclusion perpetua –20 years
• Other afflictive penalties –15 years
• Correctional penalties – 10 years,
• with the exception of the penalty of arresto
mayor – 5 years
• Light penalties – 1 year.

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 THE END

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