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 mentioned 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 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 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

 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 There Is 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)
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.
• 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:
• 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. 344 of this
Code.
• 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
moths.
• Light offenses prescribe in 2 months.

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When And How Penalties Prescribe?
• The penalties imposed by final sentence
prescribe as follows: Death and reclusion
perpetua, in 20 years / Other afflictive
penalties, in 15 years / Correctional
penalties, in 10 years, with the exception
of the penalty of arresto mayor, which
prescribes in 5 years / Light penalties, in 1
year.

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THE END

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