Art. 25. Penalties which may be imposed.

The penalties which may be imposed according to this Code, and their different classes, are those included in the following: xxx Classification of Penalties (Article 25)
Article 25 Principal and Accessory Article 70 Successive Service of Sentences (Severity) 1. Death, 2. RP, 3. RT, 4. PM, 5. PC, 6. Arresto mayor, 7. Arresto menor, 8. Destierro, 9. PAD, 10. TAD. 11. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling, and 12. Public censure. Article 71 For Purposes of Graduating Penalties SCALE NO. 1 1. Death, 2. RP, 3. RT, 4. PM, 5. PC, 6. Arresto mayor, 7. Destierro, 8. Arresto menor, 9. Public censure, 10. Fine. SCALE NO. 2 1. PAD, 2. TAD 3. Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling, 4. Public censure, 5. Fine.

The lower or higher penalty shall be taken from the graduated scale in which is comprised the given penalty. The courts, in applying such lower or higher penalty, shall observe the following graduated scales:
SCALE NO. 1 1. Death, 2. Reclusion perpetua, 3. Reclusion temporal, 4. Prision mayor, 5. Prision correccional, 6. Arresto mayor, 7. Destierro, 8. Arresto menor, 9. Public censure, 10. Fine. SCALE NO. 2 1. Perpetual absolute disqualification, 2. Temporary absolute disqualification 3. Suspension from public office, right to vote and be voted for, right to follow a profession or calling, 4. Public censure, 5. Fine.

Principal Penalties Capital punishment: Death Afflictive penalties: Reclusion perpetua Reclusion temporal PAD or TAD PSD or TSD Prision mayor Correctional penalties: Prision correccional Arresto mayor Suspension Destierro Light penalties: Arresto menor Public censure. Penalties common to the three preceding classes: Fine, and Bond to keep the peace Accessory Penalties PAD or TAD, PSD or TSD, Suspension from public office, the right to vote and be voted for, the profession or calling. Civil interdiction, Indemnification, Forfeiture or confiscation of instruments and proceeds of the offense, Payment of costs.

Rules for Graduating Penalties (Article 61) For graduating penalties which, according to articles 50 to 57, are to be imposed upon principals of any frustrated or attempted felony, or as accomplices or accessories:
Penalty Next Lower in Degree That immediately following the indivisible penalty in graduated scale 1.) 2 indivisible That immediately following the lesser of the penalties, or 2.) 1 or penalties prescribed in graduated scale (1. Ex. more divisible penalties penalty for parricide is reclusion perpetua to to be imposed to their death, the next lower penalty is reclusion full extent temporal; 2.1 one divisible penalty is reclusion temporal. The penalty immediately following RT is prision mayor; 2.2. two divisible penalties are prision correccional to prision mayor. The penalty immediately preceding the lesser of the penalties of prision correccional to prision mayor is arresto mayor.) 1 or 2 indivisible Medium & minimum periods of the proper penalties & maximum divisible penalty and maximum period of that period of another immediately following in graduated scale (Ex. divisible penalty penalty for murder is reclusion temporal(max) to death. The point of reference will be on the proper divisible penalty which is reclusion temporal. Under the 3rd rule, the penalty next lower to reclusion temporal is composed of the medium and minimum periods of reclusion temporal and the maximum of prision mayor.) Several periods, Period immediately following minimum corresponding to prescribed and of the 2 next following, which shall different divisible be taken from the penalty prescribed, if possible; penalties otherwise from the penalty immediately following in graduated scale (ex. Ex. the several periods contemplated in this rule correspond to different divisible penalties. A penalty of prision mayor in its medium period to reclusion temporal in its minimum period is an example of such. The penalty immediately following the minimum of the entire sentence, which is prision mayor medium, is prision mayor in its minimum and the 2 periods next following, which are prision correccional max and medium) When the penalty has only 2 periods Ex. Abduction punishable by prision correccional in its medium and minimum. The next penalty following is formed by 2 periods to be taken from the same penalty if possible or from the periods of the penalty numerically following the lesser of the penalties prescribed. The penalty next following prision correccional in its med and min shall be arresto mayor in its med and max. When the law prescribes a penalty for a crime in some manner not especially provided for in the 4 preceding rules, the courts, proceeding by analogy, shall impose corresponding penalties upon those guilty as principals of the frustrated felony, or of attempt to commit the same, and upon accomplices and accessories Mitigating and Aggravating circumstances are first disregarded in the application of the rules for graduating penalties. It is only after the penalty next lower in degree is already determined that the mitigating and aggravating circumstances should be considered. Single and indivisible

Art. 26. When afflictive, correctional, or light penalty . A fine, whether imposed as a single of as an alternative penalty, shall be considered an afflictive penalty, if it exceeds 6,000 pesos; a correctional penalty, if it does not exceed 6,000 pesos but is not less than 2 00 pesos; and a light penalty if it less than 200 pesos.

Articles 50-57 Principals Accomplices Accessories Consummated 0 1 2 Frustrated 1 2 3 Attempted 2 3 4

Art. 71. Graduated scales. In the case in which the law prescribed a penalty lower or higher by one or more degrees than another given penalty, the rules prescribed in Article 61 shall be observed in graduating such penalty.

Duration of Penalties Penalty RP RT Prision mayor and temporary disqualification Duration 20 years and 1 day to 40 years 12 years and 1 day to 20 years 6 years and 1 day to 12 years, except when disqualification is imposed as accessory penalty (duration shall be that of the principal penalty) 6 months and 1 day to 6 years, except when suspension is imposed as accessory penalty (duration shall be that of the principal penalty) 1 month and one day to 6 months 1 day to 30 days Such period of time as the court may determine

Prision correccional, suspension, and destierro

Arresto mayor Arresto menor Bond to keep the peace

Type
Abolished Indivisible Divisible

Penalty
Death Reclusion Perpetua Reclusion Temporal

Periods
NA NA Max Med Min Max Med Min Max Med Min Max Med Min Max Med Min

Duration
20 years and 1 day to 40 years 17 years, 4 months and 1 day to 20 years 14 years, 8 months and 1 day to 17 years and 4 months 12 years and 1 day to 14 years and 8 months 10 years and 1 day to 12 years 8 years and 1 day to 10 years 6 years and 1 day to 8 years 4 years, 2 months and 1 day to 6 years 2 years, 4 months and 1 day to 4 years and 2 months 6 months and 1 day to 2 years and 4 months 4 months and 1 day to 6 months 2 months and 1 day to 6 years 1 month and 1 day to 2 months 21 to 30 days 11 to 20 days 1 to 10 days

Divisible

Prision Mayor

Divisible

Prision Correccional and Destierro

Divisible

Arresto Mayor

Divisible

Arresto Menor

The periods of the divisible penalties are further divided into minimum, medium and maximum smaller periods. Destierro is a unique penalty. Instead of being imprisoned, the person punished with destierro is not allowed to come within 25 to 250 kilometers of an area. Fines are also divisible; a light penalty is less than Php 200, a corrective penalty is Php 200 to Php 6,000, and an afflictive penalty is higher than Php 6,000. The penalty two degrees lower from arresto mayor in its medium and maximum periods is destierro in its minimum and medium periods
Max Med Min Max Med Min Penalty prescribed by law One degree lower Two degrees lower

Arresto Mayor

Destierro