VI. PENALTIES Art. 21. Penalties that may be imposed.

—
No felony shall be punishable by any penalty
Penalty is the suffering that is inflicted by not prescribed by law prior to its commission.
the State for the transgression of a law.
 This article prohibits the Government from
Different Juridical Conditions of Penalty: punishing any person for any felony with any
penalty which has not been prescribed by the
1. Must be PRODUCTIVE OF SUFFERING, without law.
affecting the integrity of the human  It has no application to any of the provisions
personality. of the RPC for the reason that for every
2. Must be COMMENSURATE with the offense – felony defined in the Code, a penalty has
different crimes must be punished with been prescribed.
different penalties.  REASON: An act or omission cannot be
3. Must be PERSONAL – no one should be punished by the State if at the time it was
punished for the crime of another. committed there was no law prohibiting it,
4. Must be LEGAL – it is the consequence of a because a law cannot be rationally obeyed
judgment according to law. unless it is first shown, and a man cannot be
5. Must be CERTAIN – no one may escape its expected to obey an order that has not been
effects. given.
6. Must be EQUAL for all.
7. Must be CORRECTIONAL.
A. OTHER CONSTITUTIONAL
Theories justifying penalty: PROHIBITIONS

1. PREVENTION – to suppress danger to the 1987 CONSTITUTION

State
2. SELF-DEFENSE – to protect the society from
the threat and wrong inflicted by the
criminal.
3. REFORMATION – to correct and reform the
offender.
4. EXEMPLARITY – to serve as an example to
deter others from committing crimes.
5. JUSTICE – for retributive justice, a
vindication of absolute right and moral law
violated by the criminal.
Purpose of penalty under the 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 recidivist and habitual
delinquents.
This Section discusses the following:
A. GENERAL PRINCIPLES
B. PENALTIES WHICH MAY BE IMPOSED
Section 18. (1) No person shall be detained solely by reason of
his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a
punishment for a crime whereof the party shall have been duly
convicted.
Section 19. (1) Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. Neither shall death
penalty be imposed, unless, for compelling reasons involving
heinous crimes, the Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to reclusion perpetua.
Section20.Nopersonshallbe imprisoned for debt or non-payment
of a poll tax.
Section 22. No ex post facto law or bill of attainder shall be
enacted.
II. B. PENALTIES WHICH MAY BE IMPOSED
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:

A. Scale OF PRINCIPAL PENALTIES

C. ACCESSORY PENALTIES

D. PENALTIES WHICH MAY BE IMPOSED  Capital punishment:

 Death.
E. MEASURES NOT CONSIDERED PENALTY
 Afflictive penalties:
 Reclusion perpetua,
F. APPLICATION AND COMPUTATION
 Reclusion temporal,
OF PENALTIES
 Perpetual or temporary absolute
disqualification,
G. SPECIAL RULES  Perpetual or temporary special
disqualification,
H. THE INDETERMINATE SENTENCE LAW  Prision mayor.

I. EXECUTION AND SERVICE OF PENALTIES  Correctional penalties:

 Prision correccional,
I. A. GENERAL PRINCIPLES  Arresto mayor,
  Suspension,
 Destierro. NOTE:
 Public censure is a penalty,
 Light penalties:  thus, it is not proper in acquittal.
 Arresto menor,  However, the Court in acquitting the
 Public censure. accused may criticize his acts or conduct.

 Penalties common to the  Penalties that are either principal or

three preceding accessory:
classes:  Perpetual or temporary absolute
 Fine, and disqualification,
 Bond to keep the peace.  perpetual or temporary special
disqualification, and
 suspension
B. SCALE OF ACCESSORY PENALTIES ◦ may be principal or accessory
penalties, because they formed
 Perpetual or temporary
in the 2 general classes.
absolute disqualification,
 Perpetual or temporary
special disqualification,
 Suspension from public office, the
right to vote and be voted for, the
III. C. SPECIFIC PRINCIPAL
profession or calling.
AND ACCESSORY
 Civil interdiction,
PENALTIES
 Indemnification,
 Forfeiture or confiscation of
instruments and proceeds of the
offense, A. CAPITAL PUNISHMENT
 Payment of costs.
1. Death penalty

C. MaJOR CLASSIFICATION  RA 9346 or “An Act Prohibiting the

Imposition of Death Penalty in the
PRINCIPAL PENALTIES – those expressly Philippines”
imposed by the court in the judgment of  expressly repealed RA 8177 or “Act
conviction. Designating Death by Lethal Injection”
ACCESSORY PENALTIES – those that are and RA 7659 or “Death Penalty Law”.
deemed included in the imposition of the principal
penalties.  RA 9346 repealed all the other laws imposing
death penalty.
 Section 2 states that: “In lieu of the
D. Other classifications of penalties: death penalty, the following shall be
imposed:
 According to their divisibility:
a. the penalty of reclusion perpetua,
 Divisible
when the law violated makes use of
◦ those that have fixed duration and
the nomenclature of the penalties of
are
the Revised Penal Code; or
◦ divisible into three periods.
b. the penalty of life imprisonment,
 Indivisible
when the law violated does not make
◦ those which have no fixed duration.
use of the nomenclature of the
 Death
penalties of the Revised Penal Code.”
 Reclusion perpetua
 Perpetual
absolute or special B. AFFLICTIVE PENALTIES
disqualification
 Public censure Art. 27. Reclusion perpetua. — Any person
sentenced to any of the perpetual penalties shall
 According to subject-matter be pardoned after undergoing the penalty for
 Corporal thirty years, unless such person by reason of his
◦ (death) conduct or some other serious cause shall be
 Deprivation of freedom considered by the Chief Executive as unworthy of
◦ (reclusion, prision, arresto) pardon.
 Restriction of freedom Reclusion temporal. — The penalty of reclusion
◦ (destierro) temporal shall be from twelve years and one day
 Deprivation of rights to twenty years.
◦ (disqualification and suspension) Prision mayor and temporary disqualification. —
 Pecuniary The duration of the penalties of prision mayor
◦ (fine) and temporary disqualification shall be from six
years and one day to twelve years, except when
 According to their gravity the penalty of disqualification is imposed as an
 Capital accessory penalty, in which case its duration shall
 Afflictive be that of the principal penalty.
 Correctional
 Light
 The following table also contains DISQUALIFICATION as an afflictive penalty, because
its different forms can also be imposed as a principal although it is primarily categorized
as an accessory penalty.

Penalty Death Duration Effects Accessories

(REPEALED) Indivisible
Death, when not
executed due to pardon PAD

or commutation Civil
 interdiction 30 yrs
from sentence
(REPEALED)
PAD
Civil interdiction for life
20 years & 1 day
Reclusion perpetua to 40 years
(Indivisible)

 Deprivation of public office, even if

by election Deprivation of right to
 vote & be voted for
Perpetual absolute
For life Disqualification from public office
disqualification (PAD)
 held

 Loss of retirement rights

 Deprivation of office,
employment, profession, or calling
Perpetual special
For life affected
disqualification (PSD)
Disqualification from similar offices or
employments
PAD

Civil
 interdiction for
12 years & 1 day
Reclusion temporal duration of sentence
to 20 years
TAD
PSD of suffrage
6 years & 1 day
Prision mayor
to 12 years
Deprivation of public office,
 even if by election Deprivation of right
to vote & be voted for during sentence Disqualification from
Temporary absolute public office held during sentence
 Loss of retirement rights
6 years & 1 day
disqualification (TAD) Deprivation of office,
to 12 years
6 years & 1 dayemployment, profession, or to 12 yearscalling
affected
Disqualification from similar

offices or employments

Temporary special
disqualification (TSD)

 Duration: 20 years and 1 day to 40 years

Art. 41. Reclusion perpetua and reclusion
temporal; Their accessory penalties. — The
penalties of reclusion perpetua and reclusion
temporal shall carry with them that of civil
interdiction for life or during the period of the
sentence as the case may be, and that of
perpetual absolute disqualification which the
offender shall suffer even though pardoned as to
the principal penalty, unless the same shall have
been expressly remitted in the pardon.
 Accessory Penalties:
a. Civil interdiction for life or during the
period of the sentence as the case may
be.
b. Perpetual Absolute Disqualification which
the offender shall suffer even though
pardoned as to the principal penalty,
unless the same shall have been
expressly remitted in the pardon.

Art. 42. Prision mayor; Its accessory 1) People v. Gatward (1997)

penalties. — The penalty of prision mayor, shall
carry with it that of temporary absolute
disqualification and that of perpetual special
disqualification from the right of suffrage which
the offender shall suffer although pardoned as to
the principal penalty, unless the same shall have
been expressly remitted in the pardon.
Facts: The accused was convicted of violating the
Dangerous Drugs Act for unlawfully importing
into the Philippines heroin. The trial court
sentenced the accused to suffer the penalty of
imprisonment for 35 years of reclusion perpetua
there being no aggravating or mitigating
circumstance shown to have attended in the
commission of the crime.

Held: As amended by RA 7659, the penalty of reclusion perpetua is now accorded a defined

1) RECLUSION
duration ranging from 20 years and 1 day to 40
years. The Court held that in spite of the
amendment putting the duration of RP, it should
remain as an indivisible penalty since there was
never intent on the part of Congress to reclassify
it into a divisible penalty. The maximum duration
of reclusion perpetua is not and has never been
30 years which is merely the number of ears
which the convict must serve in order to be
eligible for pardon or for the application of the 3-
fold rule.
a. Civil interdiction for life or during the
period of the sentence as the case may
be.
b. Perpetual Absolute Disqualification which
the offender shall suffer even though
pardoned as to the principal penalty,
unless the same shall have been
expressly remitted in the pardon.
3) PRISION MAYOR

2) People v. Ramirez (2001)  Duration: 6 years and 1 day to 12 years

The SC disagrees with the trial court in
sentencing appellant "to suffer imprisonment of  Accessory Penalties:
forty (40) years reclusion perpetua." There was a. Temporary Absolute Disqualification
no justification or need for the trial court to b. Perpetual Special Disqualification from
specify the length of imprisonment, because the right to suffrage which the offender
reclusion perpetua is an indivisible penalty. The shall suffer although pardoned as to the
significance of this fundamental principle was laid principal penalty unless the same shall
have been expressly remitted in the
pardon.
down by the Court in People v. Diquit. "Since
reclusion perpetua is an indivisible penalty, it has
no minimum, medium or maximum periods. It is B. C. CORRECCIONAL PENALTIES
imposed in its entirety regardless of any
mitigating or aggravating circumstances that may
Art. 27 (4). Prision correccional,
have attended the commission of the crime. (Art.
suspension, and destierro.
63, Revised Penal Code) Reclusion Perpetua is
imprisonment for life but the person sentenced to The duration of the penalties of prision
suffer it shall be pardoned after undergoing the
correccional, suspension and destierro shall be
penalty for thirty (30) years, unless by reason of from six months and one day to six years, except
his conduct or some other serious cause, he shall
when suspension is imposed as an accessory
be considered by the Chief Executive as unworthy penalty, in which case, its duration shall be that
of pardon (Art. 27, Revised Penal Code)."
of the principal penalty.
 Distinguished from Life Imprisonment
Arresto mayor. — The duration of the penalty of
arresto mayor shall be from one month and one
3) People v. Ballabare (1996)
day to six months.
The trial court erred in imposing the penalty of
life imprisonment for violation of PD 1866. The
crime of illegal possession of firearm in its
aggravated form is punished by the penalty of
death. Since the offense was committed on Sep.
16, 1990, at a time when the imposition of the
death penalty was prohibited, the penalty next
lower in degree which is reclusion perpetua
should be imposed. This is not equivalent to
life imprisonment. While life imprisonment may
appear to be the English translation of reclusion
perpetua, in reality, it goes deeper than that.

LIFE RECLUSION
IMPRISONMENT PERPETUA
Imposed for serious Prescribed under the
offenses penalized by RPC
special laws
Does not carry with it Carries with it
accessory penalties accessory penalties
Does not appear to Entails imprisonment
have any definite for at least 30 years
extent or duration after which the convict
becomes eligible for
pardon although the
maximum period shall
in no case exceed 40
years

2) RECLUSION TEMPORAL

 Duration: 12 years and 1 day to 20 years

 Accessory Penalties:
 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.
2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed
six months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not
exceed fifteen days, if for a light felony.
3. When the principal imposed is higher than prision correccional, no subsidiary imprisonment shall
be imposed upon the culprit.
4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but
such penalty is of fixed duration, the convict, during the period of time established in the preceding
rules, shall continue to suffer the same deprivations as those of which the principal penalty
consists.
5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency
shall not relieve him, from the fine in case his financial circumstances should improve. (As
amended by RA 5465, April 21, 1969).

Art. 43. Prision correccional; Its accessory penalties. — The penalty of prision correccional shall carry with it that of
suspension from public office, from the right to follow a profession or calling, and that of perpetual special disqualification from
the right of suffrage, if the duration of said imprisonment shall exceed eighteen months. 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.

Penalty Duration Effects Accessories

Suspension from public office

Suspension from profession or
6 months & 1 day calling PSD of suffrage, if penalty
Prision correccional
to 6 years exceeds 18 mos.

Public office
6 months & 1 day 
Suspension Profession or calling
to 6 years
Suffrage
Prohibition to enter w/in 25-
6 months & 1 day 250 km radius from the
Destierro
to 6 years designated place

Suspension of right to hold

1 month & 1 day office and
Arresto mayor
to 6 months right of suffrage

1) PRISION CORRECCIONAL 2) ARRESTO MAYOR

 Duration: 6 months and 1 day to 6
Duration: 1 month and 1 day to 6 months
years
Accessory Penalties:
 Accessory Penalties:
Suspension of right to hold office
a. Suspension from public office
Suspension of the right of suffrage during the term of the
b. Suspension from the right to follow a
sentence.
profession or calling
c. Perpetual Special Disqualification fro
the right of suffrage, if the duration
of the imprisonment shall exceed 18
months

C. LIGHT PENALTIES
 Art. 27 (6). Arresto menor. — The duration of the penalty of  is left to the sound discretion of the
arresto menor shall be from one day to thirty days. court,
 provided it shall not exceed the
maximum authorized by law.
Art. 39. Subsidiary penalty. SUPRA
 Fines are not divided into 3 equal
portions.
Art. 44. Arresto; Its accessory penalties. — The penalty of arresto
shall carry with it that of suspension of the right too hold office
and the right of suffrage during the term of the sentence.
1) ARRESTO MENOR 2) BOND TO KEEP THE PEACE

 Duration: 1 day to 30 days Art. 35. Effects of bond to keep the peace. —
It shall be the duty of any person sentenced to
 Accessory Penalties: give bond to keep the peace, to present two
a. Suspension of right to hold office sufficient sureties who shall undertake that such
b. Suspension of the right of suffrage during person will not commit the offense sought to be
the term of the sentence. prevented, and that in case such offense be
committed they will pay the amount determined
2) PUBLIC CENSURE by the court in the judgment, or otherwise to
deposit such amount in the office of the clerk of
 Censure, being a penalty is not proper in the court to guarantee said undertaking.
acquittal. The court shall determine, according to its
\ discretion, the period of duration of the bond.
Should the person sentenced fail to give the bond
D. PENALTIES COMMON TO AFFLICTIVE, as required he shall be detained for a period
CORRECCIONAL AND LIGHT which shall in no case exceed six months, is he
PENALTIES shall have been1.prosecuted
2 WAYS OF for GIVING
a grave BOND
or less
grave felony, and shall not exceed thirty days, if
1) FINE for
1) aThelightoffender
felony. must present
 2 sufficient sureties who shall undertake
Art. 26. When afflictive, correctional, or that
light penalty. — ◦ the offender will not commit the
A fine, whether imposed as a single of as an offense sought to be prevented,
alternative penalty, shall be considered an ◦ and that in case such offense be
afflictive penalty, if it exceeds 6,000 pesos; a committed
correctional penalty, if it does not exceed 6,000  they will pay the amount
pesos but is not less than 200 pesos; and a light determined by the court;
penalty if it less than 200 pesos.
2) The offender must
 This article merely classifies fine and has  deposit such amount with the clerk of
nothing to do with the definition of light court to guarantee said undertaking;
felony.
 The court shall determine the period of
 Fine is: duration of the bond.
1. Afflictive – over P6,000  The offender may be detained, if he
2. Correctional – P200 to P6,000 cannot give the bond,
3. Light Penalty – less than P200  for a period not to exceed 6 months if
prosecuted for grave or less grave felony,
Art. 66. Imposition of fines. — In imposing or
fines the courts may fix any amount within the  for a period not to exceed 30 days, if for
limits established by law; in fixing the amount in a light felony.
each case attention shall be given, not only to  Bond to keep the peace is different from
the mitigating and aggravating circumstances, bail bond which is posted for the provisional
but more particularly to the wealth or means of release of a person arrested for or accused of
the culprit. a crime.

 The court can fix any amount of the fine

within the limits established by law.

 The court must consider:

 The mitigating and aggravating
circumstances; and
 More particularly, the wealth or means of
the culprit.

 When the law does not fix the minimum

of the fine,
 the determination of the amount of the
fine to be imposed upon the culprit
 Penalty Duration Effects Accessories
Suspension of right to
Arresto menor 1 day to 30 hold office and right
days of suffrage
Public censure
Penalty (Common to
All
Three Types)
Fine

IV. D. ACCESSORY PENALTIES

Effects:

1) Perpetual or temporary a. Deprivation of any public office or

absolute disqualification, employment f offender

2) Perpetual or temporary b. Deprivation of the right to vote in

special disqualification, any election or to be voted upon

3) Suspension from public office, the c. Loss of rights to retirement pay or

right to vote and be voted for, the
profession or calling.
4) Civil interdiction,
5) Indemnification/ Forfeiture or
confiscation of instruments
and proceeds of the offense,
6) Payment of costs.
1) PERPETUAL OR TEMPORARY
ABSOLUTE DISQUALIFICATION
Art. 30. Effects of the penalties of perpetual
or temporary absolute disqualification. — The
penalties of perpetual or temporary absolute
disqualification for public office shall produce
the following effects:
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.
pension
 All these effects
 last during the lifetime of the convict and
 even after the service of the sentence
 except as regards paragraphs 2 and 3 of the
above in connection with temporary absolute
disqualification.
Art. 32. Effect of the penalties of perpetual or temporary special
disqualification for the exercise of the right of suffrage. — The
perpetual or temporary special disqualification for the exercise of
the right of suffrage shall 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 for any public
office or to be elected to such office. Moreover, the offender
shall not be permitted to hold any public office during the period
of his disqualification.
Art. 33. Effects of the penalties of suspension from any public
office, profession or calling, or the right of suffrage. — The
suspension from public office, profession or calling, and the
exercise of the right of suffrage shall disqualify the offender from
holding such office or 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.
Art. 34. Civil interdiction. — Civil interdiction shall deprive the
offender during the time of his sentence of the rights of parental
authority, or guardianship, either as to the person or property of
any ward, of marital authority, of the right to manage his
property and of the right to dispose of such property by any act
or any conveyance inter vivos.

Art. 45. Confiscation and forfeiture of the proceeds or

instruments of the crime. — Every penalty imposed for the
commission of a felony shall carry with it the forfeiture of the
proceeds of the crime and the instruments or tools with which it 4) Right to manage property and to dispose
was committed. of the same by acts inter vivos
Such proceeds and instruments or tools shall be confiscated and
2) in PERPETUAL
forfeited OR TEMPORARY
favor of the Government, unless they be property of  Civil interdiction is an accessory penalty to the
SPECIAL
a third person not liable DISQUALIFICATION
for the offense, but those articles which following principal penalties:
are not subject of lawful commerce shall be destroyed. a) Death if commuted to life imprisonment;
b) Reclusion perpetua
c) Reclusion temporal

INDEMNIFICATION OR CONFISCATION OF
INSTRUMENTS ORPROCEES OF
THEOFFENSE

 This is included in every penalty for the

Art. 31. Effect of the penalties of perpetual commission of the crime.
or temporary special disqualification.  The confiscation is in favor of the government.
The penalties of perpetual or temporal special  Property of a third person not liable for the
disqualification for public office, profession or offense is not subject to confiscation.
calling shall produce the following effects:  If the trial court did not order any confiscation
Effects: of the procees of the crime, the government
1. The deprivation of the office, employment, cannot appeal from the confiscation as that would
For publicoroffice,
profession callingprofession
affected; or calling: increase the penalty already imposed.
2. The disqualification for holding similar offices
a. Deprivation
or employments of the
either office, or during the
perpetually PAYMENT OF COSTS
term ofemployment,
the sentence profession
according toorthe
calling
extent of Includes:
affected;
such disqualification. a. Fees, and
b. Indemnities, in the course of judicial
b. Disqualification for holding similar proceedings.
offices or employments during the
period of disqualification;  Costs may be fixed amounts already
determined by law or regulations or amounts
For the exercise of right to suffrage: subject to a schedule.
 If the accused is convicted; costs may be
a. Deprivation of the right to vote or to charged against him. If he is acquitted, costs are
be elected in an office; de officio, meaning each party bears his own
expense.
b. Cannot hold any public office during
E. MEASURES NOT CONSIDERED PENALTY
the period of disqualification
RPC, Art. 24.are
 They Measures of prevention
not penalties or safety
because which
they arenot
are nor
considered
imposedpenalties. — The
as a result offollowing
judicial shall not be considered
proceedings. Thoseas
penalties:
mentioned in par. 3 and 4 are merely preventive
 The penalty for disqualification if The arrest andbefore
temporary detentionofof offenders.
accused persons, as well
measures conviction
imposed as an accessory penalty is astheir
Thedetention
commitment by reason
of aofminor
insanity or imbecility,
mentioned in or illness
par.
imposed for PROTECTION and NOT for requiring their
2 is not a confinement in a hospital.
penalty because it is not imposed by
the withholding of a privilege. The commitment
the court inof aaminor to any of the
judgment of institutions
conviction. mentioned
The
 Temporary disqualification or inimposition
Article 80 and of
for the purposes specified
the sentence intherein.
such case is
suspension if imposed as an accessory Suspension from the employment of public office during the trial
suspended.
penalty, the duration is the same as that orinThe
ordersucceeding
to institute proceedings.
provisions are some examples
of the principal penalty. Fines and other corrective measures which,ininpenal
the exercise
of deprivation of rights established form:of
their administrative disciplinary powers, superior officials may
SUSPENSION FROM PUBLIC OFFICE, THE impose upon their subordinates.
RIGHT TO VOTE AND BE VOTED FOR, THE Deprivation of rights and the reparations which the civil laws may
RIGHT TO PRACTICE A PROFESSION OR establish in penal form.
CALLING

Effects:
a. Disqualification from holding such office
or the exercise of such profession or right
of suffrage during the term of the
sentence;
b. Cannot hold another office having similar
functions during the period of suspension.

CIVIL INTERDICTION
Effects:
Deprivation of the following rights:
1)Parental authority
2)Guardianship over the ward
3)Marital authority
FamilyCode,Art.228.Parental authority terminates permanently:
Upon the death of the parents;
Upon the death of the child; or
Upon emancipation of the child.
(327a)
Family Code, Art. 229. Unless subsequently revived by a final
judgment, parental authority also terminates:
Upon adoption of the child;
Upon appointment of a general guardian;
Upon judicial declaration of abandonment of the child in a case
filed for the purpose;
Upon final judgment of a competent court divesting the party
concerned of parental authority; or
Upon judicial declaration of absence or incapacity of the person
exercising parental authority. (327a)
F. APPLICATION AND COMPUTATION
OF PENALTIES
Art. 28. Computation of penalties. — If the offender shall be in
prison, the term of the duration of the temporary penalties shall
be computed from the day on which the judgment of conviction
shall have become final.
If the offender be not in prison, the term of the duration of the
penalty consisting of deprivation of liberty shall be computed
from the day that the offender is placed at the disposal of the
judicial authorities for the enforcement of the penalty. The
duration of the other penalties shall be computed only from the
day on which the defendant commences to serve his sentence.
Rules for the computation of penalties:
1. WHEN THE OFFENDER IS IN PRISON – the
duration of temporary penalties is from the
day on which the judgment of conviction
becomes final.
2. WHEN THE OFFENDER IS NOT IN PRISON –
the duration of penalty consisting in
deprivation of liberty, is from the day that the
offender is placed at the disposal of judicial
authorities for the enforcement of the
penalty.
3. THE DURATION OF OTHER PENALTIES – the
duration is from the day on which the
offender commences to serve his sentence
Examples of temporary penalties:
1. Temporary absolute disqualification
2. Temporary special disqualification
3. Suspension
 If offender is under detention, as when he is
undergoing preventive imprisonment, Rule No. 1
applies.
 If not under detention, because the offender
has been released on bail, Rule No. 3 applies.
Examples of penalties consisting in
deprivation of liberty:
1. Imprisonment
2. Destierro
 When the offender is not in prison, Rule No. 2
applies.
EXCEPTION:
 If the offender is undergoing preventive
imprisonment, Rule No. 3 applies but the
offender
Art. is of
29. Period entitled to imprisonment
preventive a deductiondeducted
of full time or
from term
of4/5 of the time
imprisonment. of his detention.
— Offenders who have undergone preventive
imprisonment shall be credited in the service of their sentence
consisting of deprivation of liberty, with the full time during
which they have undergone preventive imprisonment, if the
detention prisoner agrees voluntarily in writing to abide by the
same disciplinary rules imposed upon convicted prisoners,
except in the following cases:
When they are recidivists or have been convicted previously
twice or more times of any crime; and
When upon being summoned for the execution of their sentence
they have failed to surrender voluntarily.
If the detention prisoner does not agree to abide by the same
disciplinary rules imposed upon convicted prisoners, he shall be
credited in the service of his sentence with four-fifths of the time
during which he has undergone preventive imprisonment. (As
amended by Republic Act 6127, June 17, 1970).
Whenever an accused has undergone preventive imprisonment
for a period equal to or more than the possible maximum
imprisonment of the offense charged to which he may be
sentenced and his case is not yet terminated, he shall be
released immediately without prejudice to the continuation of
the trial thereof or the proceeding on appeal, if the same is
under review. 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. (As amended by E.O. No.
214, July 10, 1988).
 The accused undergoes preventive
imprisonment when the offense charged is
nonbailable, or even if bailable, he cannot furnish
the required bail.
 The convict is to be released immediately if the
penalty imposed after trial is less than the full
time or four-fifths of the time of the preventive
imprisonment.
 The accused shall be released immediately
whenever he has undergone preventive
imprisonment for a period equal to or more than
the possible maximum imprisonment for the
offense charged.
Art. 46. Penalty to be imposed upon principals in general. — The
penalty prescribed by law for the commission of a felony shall be
imposed upon the principals in the commission of such felony.
Whenever the law prescribes a penalty for a felony is general
terms, it shall be understood as applicable to the consummated
felony.
GENERAL RULE:
The penalty prescribed by law in general terms
shall be imposed:
a. Upon the principals
b. For consummated felony
The exception is when the penalty to be
 imposed upon the principal in frustrated or
attempted felony is fixed by law.
 Whenever it is believed that the penalty lower
by one or two degrees corresponding to said acts
of execution is not in proportion to the wrong
done, the law fixes a distinct penalty for the
principal in frustrated or attempted felony.
 The graduation of penalties by degrees refers
to STAGES OF EXECUTION (consummated,
frustrated or attempted) and to the DEGREE OF
THE CRIMINAL PARTICIPATION OF THE
OFFENDER (whether as principal, accomplice or
accessory)
 The division of a divisible penalty into three
periods, as maximum, medium and minimum,
refers to the proper period of the penalty which
should be imposed when aggravating or
mitigating circumstances attend the commission
of the crime.
Art. 53. Penalty to be imposed upon accessories to the
commission of a consummated felony. — The penalty lower by
two degrees than that prescribed by law for the consummated
felony shall be imposed upon the accessories to the commission
of a consummated felony.
Art. 54. Penalty to imposed upon accomplices in a frustrated
crime. — The penalty next lower in degree than prescribed by
law for the frustrated felony shall be imposed upon the
accomplices in the commission of a frustrated felony.
Art. 55. Penalty to be imposed upon accessories of a frustrated
crime. — The penalty lower by two degrees than that prescribed
by law for the frustrated felony shall be imposed upon the
accessories to the commission of a frustrated felony.

People v. Formigones (1950) Art. 56. Penalty to be imposed upon accomplices in an attempted
Facts: The accused without a previous crime. — The penalty next lower in degree than that prescribed
quarrel or provocation took his bolo and stabbed by law for an attempt to commit a felony shall be imposed upon
his wife in the back resulting to the latter’s death. the accomplices in an attempt to commit the felony.
The accused was sentenced to the penalty of
reclusion perpetua.
Held: The penalty applicable for parricide
Art. 57. Penalty to be imposed upon accessories of an attempted
under Art. 246 of the RPC is composed only of 2
crime. — The penalty lower by two degrees than that prescribed
indivisible penalties, reclusion perpetua to death.
by law for the attempted felony shall be imposed upon the
Although the commission of the act is attended
accessories to the attempt to commit a felony.
by some mitigating circumstance without any
aggravating circumstance to offset them, Art. 63
of the RPC should be applied. The said article
provides that when the commission of the act is CONSU FRUSTRA ATTEMPT
attended by some mitigating circumstance and MMATE TED ED
there is no aggravating circumstance, the lesser D
penalty shall be applied. PRINCI 0 1 2
PALS
ACCOM 1 2 3
PLICES
PRINCIPALS, ACCOMPLICES AND ACCESSORIES IN
ACCESS 2 3 4
CONSUMMATED, FRUSTRATED AND ATTEMPTED FELONIES.
ORIES

DIAGRAM OF THE APPLICATION OF ARTS.

50-57:
Art. 46. Penalty to be imposed upon principals in general. — The
“0” represents the penalty prescribed by law in
penalty prescribed by law for the commission of a felony shall be
defining a crime, which is to be imposed n the
imposed upon the principals in the commission of such felony.
PRINCIPAL in a CONSUMMATED OFFENSE, in
Whenever the law prescribes a penalty for a felony is general
accordance with the provisions of Art. 46. The
terms, it shall be understood as applicable to the consummated
other figures represent the degrees to which the
felony.
penalty must be lowered, to meet the different
situation anticipated by law.

EXCEPTIONS: Arts. 50 to 57 shall not apply to

Art. 50. Penalty to be imposed upon principals of a frustrated cases where the law expressly prescribes the
crime. — The penalty next lower in degree than that prescribed penalty for frustrated or attempted felony, or to
by law for the consummated felony shall be imposed upon the be imposed upon accomplices or accessories.
principal in a frustrated felony. Art. 51. Penalty to be imposed
upon principals of attempted crimes. — A penalty lower by two BASES FOR THE DETERMINATION OF THE
degrees than that prescribed by law for the consummated felony EXTENT OF PENALTY:
shall be imposed upon the principals in an attempt to commit a 1. The stage reached by the crime in its
felony. development (either attempted,
frustrated or consummated)
2. The participation therein of the person
liable.
3. The aggravating or mitigating
Art. 52. Penalty to be imposed upon accomplices in consummated
circumstances which attended the
crime. — The penalty next lower in degree than that prescribed
commission of the crime.
by law for the consummated shall be imposed upon the
accomplices in the commission of a consummated felony.
  A DEGREE is one entire penalty, one whole
penalty or one unit of the penalties enumerated
in the graduated scales provided for in Art. 71.
Each of the penalties of reclusion perpetua,
reclusion temporal, prision mayor, etc.,
enumerated in the graduated scales of Art. 71 is
a degree.
 When there is a mitigating or aggravating
circumstance, the penalty is lowered or increased
by PERIOD only, except when the penalty is
divisible and there are two or more mitigating
and without aggravating circumstances, in which
case the penalty is lowered by degree.
 A PERIOD is one of the three equal
portions called the minimum, medium and
maximum of a divisible penalty.
Art. 60. Exception to the rules established in Articles 50 to 57. —
The provisions contained in Articles 50 to 57, inclusive, of this
Code shall not be applicable to cases in which the law expressly
prescribes the penalty provided for a frustrated or attempted
felony, or to be imposed upon accomplices or accessories.
 Arts. 50 to 57 shall not apply to cases where
the law expressly prescribes the penalty for
frustrated or attempted felony, or to be imposed
upon accomplices or accessories.
GENERAL RULE: An accomplice is punished by a
penalty one degree lower than the penalty
imposed upon the principal.
EXCEPTIONS:
a. The ascendants, guardians, curators,
teachers and any person who by abuse of
authority or confidential relationship, shall
cooperate as accomplices in the crimes of
rape, acts of lasciviousness, seduction,
corruption of minors, white slate trade or
abduction. (Art. 346)
b. One who furnished the place for the
perpetration of the crime of slight illegal
detention. (Art. 268)
GENERAL RULE: An accessory is punished by a
penalty two degrees lower than the penalty
imposed upon the principal.
EXCEPTION: When accessory is punished as
principal – knowingly concealing certain evil
practices is ordinarily an act of the accessory, but
in Art. 142, such act is punished as the act of the
principal.
When accessories are punished with a
penalty one degree lower:
a. Knowingly using counterfeited seal or
forged signature or stamp of the
President (Art. 162).
b. Illegal possession and use of a false
treasury or bank note (Art. 168).
c. Using falsified document (Art. 173 par.3 )
d. Using falsified dispatch (Art. 173 par. 2)
Art. 61. Rules for graduating penalties. — For the purpose of
graduating the penalties which, according to the provisions of
Articles 50 to 57, inclusive, of this Code, are to be imposed upon
persons guilty as principals of any frustrated or attempted felony,
or as accomplices or accessories, the following rules shall be
observed:
1. When the penalty prescribed for the felony is single and
indivisible, the penalty next
lower in degrees shall be that immediately following that
indivisible penalty in the respective graduated scale prescribed in
Article 71 of this Code.
When the penalty prescribed for the crime is composed of two
indivisible penalties, or of one or more divisible penalties to be
impose to their full extent, the penalty next lower in degree shall
be that immediately following the lesser of the penalties
prescribed in the respective graduated scale.
When the penalty prescribed for the crime is composed of one
or two indivisible penalties and the maximum period of another
divisible penalty, the penalty next lower in degree shall be
composed of the medium and minimum periods of the proper
divisible penalty and the maximum periods of the proper
divisible penalty and the maximum period of that immediately
following in said respective graduated scale.
when the penalty prescribed for the crime is composed of
several periods, corresponding to different divisible penalties,
the penalty next lower in degree shall be composed of the period
immediately following the minimum prescribed and of the two
next following, which shall be taken from the penalty prescribed,
if possible; otherwise from the penalty immediately following in
the above mentioned respective graduated scale.
When the law prescribes a penalty for a crime in some manner
not especially provided for in the four 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.
 This article provides for the rules to be
observed in lowering the penalty by one or two
degrees.
a. For the principal in frustrated felony – one
degree lower;
b. For the principal in attempted felony – two
degrees lower;
c. For the accomplice in consummated felony
– one degree lower; and
d. For the accessory in consummated felony –
two degrees lower.
 The rules provided for in Art. 61 should also
apply in determining the MINIMUM of the
indeterminate penalty under the Indeterminate
Sentence Law. The MINIMUM of the
indeterminate penalty is within the range of the
penalty next lower than that prescribed by the
RPC for the offense.
 Those rules also apply in lowering the penalty
by one or two degrees by reason of the presence
of privileged mitigating circumstance (Arts. 68
and 69), or when the penalty is divisible and
there are two or more mitigating circumstances
(generic) and no aggravating circumstance (Art.
64).
 The lower penalty shall be taken from the
graduated scale in Art. 71.
The INDIVISIBLE PENALTIES are:
a. death
b. reclusion perpetua
c. public censure
The DIVISIBLE PENALTIES are:
a. reclusion temporal
b. prision mayor Reclusion Maximum
c. prision correccional temporal Medium
d. arresto mayor Minimum Penalty for the
e. destierro Prision Maximum principal in the
f. arresto menor Mayor Medium consummated felony
* the divisible penalties are divided into three Minimum Penalty for the
periods: MINIMUM, MEDIUM AND THE MAXIMUM Prision Maximum accomplice; or
Correccional Medium principal in frustrated
RULES: felony
Minimum
FIRST RULE: FIFTH RULE:
When the penalty is single and indivisible. When the penalty has two periods
Ex. reclusion perpetua Ex. Prision correccional in its MINIMUM
 The penalty immediately following it is and MEDIUM periods
reclusion temporal. Thus, reclusion temporal is
the penalty next lower in degree. Prision Maximum
correccional Medium The penalty prescribed
SECOND RULE: Minimum for the felony
When the penalty is composed of two indivisible Maximum
penalties Arresto Medium The penalty next lower
Ex. reclusion perpetua to death Mayor Minimum
 The penalty immediately
following the lesser of the penalties, When the penalty has one period
which is reclusion perpetua, is reclusion - If the penalty is any one of the three
temporal. periods of a divisible penalty, the penalty next
When the penalty is composed of one or more lower in degree shall be that period next
divisible penalties to be imposed to their full following the given penalty.
extent Ex. Prision Mayor in its MAXIMUM period
Ex. prision correccional to prision mayor  The penalty immediately inferior is
 The penalty immediately prision mayor in its MEDIUM period.
following the lesser of the penalties of
prision correccional to prision mayor is SIMPLIFIED RULES:
arresto mayor. The rules prescribed in pars. 4 and 5 of
Art. 61 may be simplified as follows:
THIRD RULE: 1. If the penalty prescribed by the Code consists
When the penalty is composed of two indivisible in 3 periods, corresponding to different
penalties and the maximum period of a divisible divisible penalties, the penalty next lower in
penalty degree is the penalty consisting in the 3
Ex. reclusion temporal in its MAXIMUM periods down in the scale.
period to death 2. If the penalty prescribed b the Code consists
in 2 periods, the penalty next lower in degree
Death is the penalty consisting in 2 periods down in
Reclusio Penalty for the the scale.
n principal in 3. If the penalty prescribed by the Code consists
Perpetu consummated murder in only 1 period, the penalty next lower in
a degree is the next period down in the scale.
Maximum
Reclusi Medium Penalty for EFFECTS OF MITIGATING AND AGGRAVATING CIRCUMSTANCES
on Minimum accomplice; or for
Tempor principal in frustrated
al murder
Maximum
Prision Medium Art. 62. Effect of the attendance of mitigating or aggravating
Mayor Minimum circumstances and of habitual delinquency. — Mitigating or
aggravating circumstances and habitual delinquency shall be
When the penalty is composed of one indivisible taken into account for the purpose of diminishing or increasing
penalty and the maximum period of a divisible the penalty in conformity with the following rules:
penalty Aggravating circumstances which in themselves constitute a
crime specially punishable by law or which are included by the
law in defining a crime and prescribing the penalty therefor shall
Ex. Reclusion temporal in its MAXIMUM not be taken into account for the purpose of increasing the
period to Reclusion perpetua penalty.
 The same rule shall be observed in The same rule shall apply with respect to any aggravating
lowering the penalty by one or two degrees. circumstance inherent in the crime to such a degree that it must
of necessity accompany the commission thereof.
FOURTH RULE: Aggravating or mitigating circumstances which arise from the
When the penalty is composed of several periods moral attributes of the offender, or from his private relations
- This rule contemplates a penalty with the offended party, or from any other personal cause, shall
composed of at least 3 periods. The several only serve to aggravate or mitigate
periods must correspond to different divisible
penalties.
Ex. Prision Mayor in its MEDIUM period to
Reclusion temporal in its MINIMUM
period.
the liability of the principals, accomplices and accessories as to
whom such circumstances are attendant.
The circumstances which consist in the material execution of the
act, or in the means employed to accomplish it, shall serve to
aggravate or mitigate the liability of those persons only who had
knowledge of them at the time of the execution of the act or
their cooperation therein.
Habitual delinquency shall have the following effects:
Upon a third conviction the culprit shall be sentenced to the
penalty provided by law for the last crime of which he be found
guilty and to the additional penalty of prision correccional in its
medium and maximum periods;
Upon a fourth conviction, the culprit shall be sentenced to the
penalty provided for the last crime of which he be found guilty
and to the additional penalty of prision mayor in its minimum
and medium periods; and
Upon a fifth or additional conviction, the culprit shall be
sentenced to the penalty provided for the last crime of which he
be found guilty and to the additional penalty of prision mayor in
its maximum period to reclusion temporal in its minimum period.
Notwithstanding the provisions of this article, the total of the
two penalties to be imposed upon the offender, in conformity
herewith, shall in no case exceed 30 years.
For the purpose of this article, a person shall be deemed to be
habitual delinquent, is within a period of ten years from the date
of his release or last conviction of the crimes of serious or less
serious physical injuries, robo, hurto, estafa or falsification, he is
found guilty of any of said crimes a third time or oftener.
What are the effects of the attendance of
mitigating or aggravating circumstances?
a. Aggravating circumstances which are not
considered for the purpose of increasing
the penalty:
1. Those which in themselves constitute
a crime especially punishable by law.
2. Those included by law in defining the
crime.
3. Those inherent in the crime but of
necessity they accompany the
commission thereof.
b. Aggravating or mitigating circumstances
that serve to aggravate or mitigate the
liability of the offender to whom such are
attendant. Those arising from:
1. Moral attributes of the offender
2. His private relations with the
offended party
3. Any other personal cause
c. Aggravating or mitigating circumstances
that affect the offenders only who had
knowledge of them at the time of the
execution of the act or their cooperation
therein. Those which consist:
1. In the material execution of the act
- will not affect all the offenders but
only those to whom such act are
attendant
2. Means to accomplish the crime
- will affect only those offenders who
have knowledge of the same at the
time of the act of execution or their
cooperation therein
What are the legal effects of habitual
delinquency?
1) Third conviction
- the culprit is sentenced to the penalty
for the crime committed and to the
additional penalty of prision correccional
in its medium and maximum period.
2) Fourth conviction
- the penalty is that provided by law for
the last crime and the additional penalty
of prision mayor in its minimum and
medium periods.
3) Fifth or additional conviction
- the penalty is that provided by law for
the last crime and the additional penalty
of prision mayor in its maximum period
to reclusion temporal in its minimum
period.
Note:
 In no case shall the total of the 2 penalties
imposed upon the offender exceed 30
years.
 The law does not apply to crimes described
in Art. 155
 The imposition of the additional penalty on
habitual delinquents are CONSTITUTIONAL
because such law is neither an EX POST
FACTO LAW nor an additional punishment
for future crimes. It is simply a punishment
on future crimes on account of the criminal
propensities of the accused.
 The imposition of such additional penalties
is mandatory and is not discretionary.
 Habitual delinquency applies at any stage
of the execution because subjectively, the
offender reveals the same degree of
depravity or perversity as the one who
commits a consummated crime.
 It applies to all participants because it
reveals persistence in them of the
inclination to wrongdoing and of the
perversity of character that led them to
commit the previous crime.
Cases where attending aggravating or
mitigating circumstances are not
considered in the imposition of penalties
- Penalty that is single and indivisible
- Felonies through negligence
- When the penalty is a fine
- When the penalty is prescribed by a special
law.
Art. 63. Rules for the application of indivisible penalties. — In all
cases in which the law prescribes a single indivisible penalty, it
shall be applied by the courts regardless of any mitigating or
aggravating circumstances that may have 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:
When in the commission of the deed there is present only one
aggravating circumstance, the greater penalty shall be applied.
When there are neither mitigating nor aggravating circumstances
and there is no aggravating circumstance, the lesser penalty shall
be applied.
When the commission of the act is attended by some mitigating
circumstances and there is no aggravating circumstance, the
lesser penalty shall be applied.
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.
Rules for the application of indivisible
penalties:
1. Penalty is single and indivisible
- The penalty shall be applied regardless
of the presence of mitigating or aggravating
circumstances. Ex. reclusion perpetua or
death
2. Penalty is composed of 2 indivisible
penalties:
a. One aggravating circumstance present
- HIGHER penalty
b. No mitigating circumstances present
- LESSER penalty
c. Some mitigating circumstances present
and no aggravating
- LESSER penalty
d. Mitigating and aggravating
circumstances offset each other
- Basis of penalty: number and
importance.
Art. 64. Rules for the application of penalties which contain
three periods. — In cases in which the penalties prescribed by
law contain three periods, whether it be a single divisible penalty
or composed of three different penalties, each one of which
forms a period in accordance with the provisions of Articles 76
and 77, the court shall observe for the application of the penalty
the following rules, according to whether there are or are not
mitigating or aggravating circumstances:
When there are neither aggravating nor mitigating
circumstances, they shall impose the penalty prescribed by law in
its medium period.
When only a mitigating circumstances is present in the
commission of the act, they shall impose the penalty in its
minimum period.
When an aggravating circumstance is present in the commission
of the act, they shall impose the penalty in its maximum period.
When both mitigating and aggravating circumstances are
present, the court shall reasonably offset those of one class
against the other according to their relative weight.
When there are two or more mitigating circumstances and no
aggravating circumstances are present, the court shall impose
the penalty next lower to that prescribed by law, in the period
that it may deem applicable, according to th7e number and
nature of such circumstances.
Whatever may be the number and nature of the aggravating
circumstances, the courts shall not impose a greater penalty
than that prescribed by law, in its maximum period.
Within the limits of each period, the court shall determine the
extent of the penalty according to the number and nature of the
aggravating and mitigating circumstances and the greater and
lesser extent of the evil produced by the crime.
Rules for the application of DIVISIBLE
PENALTIES
a. No aggravating and No mitigating
- MEDIUM PERIOD
b. One mitigating
- MINIMUM PERIOD
c. One aggravating (any number cannot
exceed the penalty provided by law in its
maximum period)
- MAXIMUM PERIOD
d. Mitigating and aggravating circumstances
present
- to offset each other according to
relative weight
e. 2 or more mitigating and no aggravating
- one degree lower (has the effect of a
privileged mitigating circumstance)
NOTE: Art. 64 does not apply to:
- indivisible penalties
- penalties prescribed by special laws
- fines
- crimes committed by negligence
Art. 67. Penalty to be imposed when not all the requisites of
exemption of the fourth circumstance of Article 12 are present.
— When all the conditions required in circumstances Number 4
of Article 12 of this Code to exempt from criminal liability are not
present, the penalty of arresto mayor in its maximum period to
prision correccional in its minimum period shall be imposed
upon the culprit if he shall have been guilty of a grave felony, and
arresto mayor in its minimum and medium periods, if of a less
grave felony.
Penalty to be imposed if the requisites of
accident (Art. 12 par 4) are not all present:
b. GRAVE FELONY
- arresto mayor maximum period to
prision correccional minimum period
c. LESS GRAVE FELONY
- arresto mayor minimum period and
medium period
Art. 69. Penalty to be imposed when the crime committed is not
wholly excusable. — A penalty lower by one or two degrees
than that prescribed by law shall be imposed if the deed is not
wholly excusable by reason of the lack of some of the conditions
required to justify the same or to exempt from criminal liability in
the several cases mentioned in Article 11 and 12, provided that
the majority of such conditions be present. The courts shall
impose the penalty in the period which may be deemed proper,
in view of the number and nature of the conditions of exemption
present or lacking.
Penalty to be imposed when the crime
committed is not wholly excusable
- One or two degrees lower if the majority of the
conditions for justification or exemption in the
cases provided in Arts. 11 and 12 are present.
 People v. Lacanilao (1988)
Facts: The CFI found the accused, a
policeman, guilty of homicide. On appeal before
the CA, the CA found that the accused acted in
the performance of a duty but that the shooting
of the victim was not the necessary consequence
of the due performance thereof, therefore
crediting to him the mitigating circumstance
consisting of the incomplete justifying
circumstance of fulfillment of duty. The CA
lowered the penalty merely by one period
applying Art. 64 (2) appreciating incomplete
fulfillment of duty as a mere generic mitigating
circumstance lowering the penalty to minimum
period.
Held: CA erred because incomplete
fulfillment of duty is a privileged mitigating
circumstance which not only cannot be offset by
aggravating circumstances but also reduces the
penalty by one or two degrees than that
prescribed b law. The governing provision is Art.
69 of the RPC.
G. SPECIAL RULES
COMPLEX CRIMES
CRIME DIFFERENT FROM THAT INTENDED
IMPOSSIBLE CRIMES
PLURAL CRIMES
ADDITIONAL PENALTY FOR CERTAIN ACCESSORIES
Art. 58. Additional penalty to be imposed upon certain
accessories. — Those accessories falling within the terms of
paragraphs 3 of Article 19 of this Code who should act with
abuse of their public functions, shall suffer the additional penalty
of absolute perpetual disqualification if the principal offender
shall be guilty of a grave felony, and that of absolute temporary
disqualification if he shall be guilty of a less grave felony.
 Absolute perpetual disqualification if the
principal offender is guilty of a grave felony.
 Absolute temporary disqualification if the
principal offender is guilt of less grave felony.
WHERE THE OFFENDER IS BELOW 18 YEARS
Art. 68. Penalty to be imposed upon a person under eighteen
years of age. — When the offender is a minor under eighteen
years and his case is one coming under the provisions of the
paragraphs next to the last of Article 80 of this Code, the
following rules shall be observed:
Upon a person under fifteen but over nine years of age, who is
not exempted from liability by reason of the court having
declared that he acted with discernment, a discretionary penalty
shall be imposed, but always lower by two degrees at least than
that prescribed by law for the crime which he committed.
Upon a person over fifteen and under eighteen years of age the
penalty next lower than that prescribed by law shall be imposed,
but always in the proper period.
PD No. 603. ART. 192. Suspension of Sentence and Commitment
of Youthful Offender.
If after hearing the evidence in the proper proceedings, the court
should find that the youthful offender has committed the acts
charged against him the court shall determine the imposable
penalty, including any civil liability chargeable against him.
However, instead of pronouncing judgment of conviction, the
court shall suspend all further proceedings and shall commit
such minor to the custody or care of the Department of Social
Welfare, or to any training institution operated by the
government, or duly licensed agencies or any other responsible
person, until he shall have reached twenty-one years of age or,
for a shorter period as the court may deem proper, after
considering the reports and recommendations of the
Department of Social Welfare or the agency or responsible
individual under whose care he has been committed.
The youthful offender shall be subject to visitation and
supervision by a representative of the Department of Social
Welfare or any duly licensed agency or such other officer as the
court may designate subject to such conditions as it may
prescribe.
 Art. 68 applies to such minor if his application
for suspension of sentence is disapproved or if
while in the reformatory institution he becomes
incorrigible in which case he shall be returned to
the court for the imposition of the proper penalty.
 9 to 15 years only with discernment: at least 2
degrees lower.
 15 to 18 years old: penalty next lower
 Art. 68 provides for two of the PRIVILEGED
MITIGATING CIRCUMSTANCES
 If the act is attended by two or more mitigating
and no aggravating circumstance, the penalty
being divisible, a minor over 15 but under 18
years old may still get a penalty two degrees
lower.
THE70.
Art. THREE-FOLD
SuccessiveRULE
service of sentence. — When the culprit has
to serve two or more penalties, he shall serve them
simultaneously if the nature of the penalties will so permit
otherwise, the following rules shall be observed:
In the imposition of the penalties, the order of their respective
severity shall be followed so that they may be executed
successively or as nearly as may be possible, should a pardon
have been granted as to the penalty or penalties first imposed, or
should they have been served out.
For the purpose of applying the provisions of the next preceding
paragraph the respective severity of the penalties shall be
determined in accordance with the following scale:
Death,
Reclusion perpetua,
Reclusion temporal,
Prision mayor,
Prision correccional,
Arresto mayor,
Arresto menor,
Destierro,
9. Perpetual absolute disqualification, 10 Temporal absolute  The three-fold rule applies only when the
disqualification. convict has to serve at least four sentences.
Suspension from public office, the right to vote and be voted for,  All the penalties, even if by different courts at
the right to follow a profession or calling, and different times, cannot exceed three-fold the
Public censure most severe.
- The Rules of Court specifically provide
Notwithstanding the provisions of the rule next preceding, the that any information must not charge more than
maximum duration of the convict's sentence shall not be more one offense. Necessarily, the various offense
than three- fold the length of time corresponding to the most punished with different penalties must be
severe of the penalties imposed upon him. No other penalty to charged under different informations which may
which he may be liable shall be inflicted after the sum total of be filed in the same court or in different courts,
those imposed at the same time or at different times.
Outline ofequals the same maximum
the provisions period.
of this Article:
Such maximum period shall in no case exceed forty2years.  Subsidiary imprisonment forms part of the
1. When the culprit has to serve or more
In applying penalties,
the provisions ofhethis rule the duration penalty.
shall serveof perpetual
them
penalties (pena perpetua) shall be  Indemnity is a penalty.
simultaneously if computed
the natureat thirtyof
years.
the(As
amended). penalties will so permit.  Court must impose all the penalties for all the
crimes of which the accused is found guilty, but
2. Otherwise, the order of their respective
in the service of the same, they shall not exceed
severity shall be followed.
three times the most severe and shall not exceed
3. The respective severity of the penalties is
40 years.
as follows:
a. Death
Mejorada v. Sandiganbayan (1987)
b. Reclusion perpetua
Facts: The petitioner was convicted of
c. Reclusion temporal
violating Section 3(E) of RA No. 3019 aka the
d.Prision mayor
Anti-Graft and Corrupt Practices Act. One of the
e.Prision
issues raised by the petitioner concerns the
correccional
penalty imposed by the Sandiganbayan which
f. Arresto
totals 56 years and 8 days of imprisonment. He
mayor
impugns this as contrary to the three-fold rule
g.Arresto
and insists that the duration of the aggregate
menor
penalties should not exceed 40 years.
h.Destierro
Held: Petitioner is mistaken in his
i. Perpetual absolute disqualification
application of the 3-fold rule as set forth in Art.
j. Temporary absolute
70 of the RPC. This article is to be taken into
disqualification k.Suspension from public
account not in the imposition of the penalty but
office, the right to
in connection with the service of the sentence
vote, and be voted for, the right to
imposed. Art. 70 speaks of “service” of sentence,
follow profession or calling, and
“duration” of penalty and penalty “to be
l. Public censure
inflicted”. Nowhere in the article is anything
mentioned about the “imposition of penalty”. It
The penalties which can be simultaneously
merely provides that the prisoner cannot be
served are:
made to serve more than three times the most
1. Perpetual absolute disqualification
severe of these penalties the maximum which is
2. Perpetual special disqualification
40 years.
3. Temporary absolute disqualification
4. Temporary special disqualification Art.WHERE
65. Rule
THEinPENALTY
cases in IS
which
NOT the penalty is not composed of
5. Suspension three periods. OF
— 3InPERIODS
cases in which the penalty prescribed by law
COMPOSED
6. Destierro is not composed of three periods, the courts shall apply the rules
7. Public Censure contained in the foregoing articles, dividing into three equal
8. Fine and Bond to keep the peace portions of time included in the penalty prescribed, and forming
9. Civil interdiction one period of each of the three portions.
10. Confiscation and payment of costs

 The above penalties, except destierro,

can be served simultaneously with MEANING OF THE RULE
imprisonment. 1. Compute and determine first the 3
 Penalties consisting in deprivation of periods of the entire penalty.
liberty cannot be served simultaneously 2. The time included in the penalty
by reason of the nature of such penalties. prescribed should be divided into 3 equal
portions, after subtracting the minimum
Three-fold Rule (eliminate the 1 day) from the maximum of the
The maximum duration of the convict’s penalty.
sentence shall not be more than three times the 3. The minimum of the minimum period
length of time corresponding to the most severe should be the minimum of the given penalty
of the penalties imposed upon him. (including the 1 day)
4. The quotient should be added to the
 The phrase “the most severe of the penalties” minimum prescribed (eliminate the 1 day) and
includes equal penalties. the total will represent the maximum of the
minimum period. Take the maximum of the
minimum period, add 1 day and make it the

minimum of the medium period; then add the the maximum of the medium period. Take the
quotient to the minimum (eliminate the 1 day) of maximum of the medium period, add 1 day and
the medium period and the total will represent make it the minimum of the maximum period; then
add the quotient to the minimum (eliminate the 1
day) of the maximum period and the total will
represent the maximum of the maximum period.
H. THE INDETERMINATE SENTENCE LAW
 The indeterminate sentence is composed of:
1. a MAXIMUM taken from
the penalty imposable under the penal
code
2. a MINIMUM taken from the
penalty next lower to that fixed in the
code.
 The law does not apply to certain offenders:
1. Persons convicted of offense punished
with death penalty or life imprisonment.
2. Those convicted of treason, conspiracy or
proposal to commit treason.
3. Those convicted of misprision of treason,
rebellion, sedition or espionage.
4. Those convicted of piracy.
5. Those who are habitual delinquents.
6. Those who shall have escaped from
confinement or evaded sentence.
7. Those who violated the terms of
conditional pardon granted to them by
the Chief Executive.
8. Those whose maximum term of
imprisonment does not exceed one year.
9. Those who, upon the approval of the law,
had been sentenced by final judgment.
10. Those sentenced to the penalty of
destierro or suspension.
 Purpose of the law: to uplift and redeem
valuable human material and prevent
unnecessary and excessive deprivation of liberty
and economic usefulness
- It is necessary to consider
the criminal first as an individual, and
second as a member of the society.
- The law is intended to
favor the defendant, particularly to
shorten his term of imprisonment,
depending upon his behavior and his
physical, mental and moral record as a
prisoner, to be determined by the Board
of Indeterminate Sentence.
 The settled practice is to give the accused the
benefit of the law even in crimes punishable with
death or life imprisonment provided the resulting
penalty, after considering the attending
circumstances, is reclusion temporal or less.
 ISL does not apply to destierro. ISL is
expressly granted to those who are sentenced to
imprisonment exceeding 1 year.
PROCEDURE FOR DETERMING THE
MAXIMUM AND MINIMUM SENTENCE
 Is consists of a maximum and a minimum
instead of a single fixed penalty.
 Prisoner must serve the minimum before he is
eligible for parole.
 The period between the minimum and
maximum is indeterminate in the sense that the
prisoner may be exempted from serving said
indeterminate period in whole or in part.
 The maximum is determined in any case
punishable under the RPC in accordance with the
rules and provisions of said code exactly as if the
ISL had never been enacted.
 Apply first the effect of privileged mitigating
circumstances then consider the effects of
aggravating and ordinary mitigating
circumstances.
 The minimum depends upon the court’s
discretion with the limitation that it must be
within the range of the penalty next lower in
degree to that prescribed by the Code for the
offense committed.
NOTE: A minor who escaped from confinement in
the reformatory is entitled to the benefits of the
ISL because his confinement is not considered
imprisonment.
Art. 64. Rules for the application of penalties which contain three
periods. — In cases in which the penalties prescribed by law
contain three periods, whether it be a single divisible penalty or
composed of three different penalties, each one of which forms a
period in accordance with the provisions of Articles 76 and 77,
the court shall observe for the application of the penalty the
following rules, according to whether there are or are not
mitigating or aggravating circumstances:
When there are neither aggravating nor mitigating
circumstances, they shall impose the penalty prescribed by law in
its medium period.
When only a mitigating circumstance is present in the
commission of the act, they shall impose the penalty in its
minimum period.
When an aggravating circumstance is present in the commission
of the act, they shall impose the penalty in its maximum period.
When both mitigating and aggravating circumstances are
present, the court shall reasonably offset those of one class
against the other according to their relative weight.
When there are two or more mitigating circumstances and no
aggravating circumstances are present, the court shall impose
the penalty next lower to that prescribed by law, in the period
that it may deem applicable, according to the number and nature
of such circumstances.
Whatever may be the number and nature of the aggravating
circumstances, the courts shall not impose a greater penalty than
that prescribed by law, in its maximum period.
Within the limits of each period, the court shall determine the
extent of the penalty according to the number and nature of the
aggravating and mitigating circumstances and the greater and
lesser extent of the evil produced by the crime.
De la Cruz v. CA (1996)
In as much as the amount of P715k is
P693k more than the abovementioned
benchmark of P22k, then adding one year for
each additional P10k, the maximum period of 6
years, 8 months and 21 days to 8 years of
prision mayor minimum would be increased by 69
years, as computed by the trial court. But the law
categorically declares that the maximum penalty
then shall not exceed 20 years of reclusion
 temporal. Under the ISL, the minimum term of
the indeterminate penalt should be within the
range of the penalty next lower in degree to that
prescribed b the Code for the offense committed,
which is prision correccional.
People v. Campuhan (supra)
The penalty for attempted rape is two (2)
degrees lower than the imposable penalty of
death for the offense charged, which is statutory
rape of a minor below seven (7) years. Two (2)
degrees lower is reclusion temporal, the range of
which is twelve (12) years and one (1) day to
twenty (20) years. Applying the Indeterminate
Sentence Law, and in the absence of any
mitigating or aggravating circumstance, the
maximum of the penalty to be imposed upon the
accused shall be taken from the medium period
of reclusion temporal, the range of which is
fourteen (14) years, eight (8) months and (1)
day to seventeen (17) years and four (4)
months, while the minimum shall be taken from
the penalty next lower in degree, which is prision
mayor, the range of which is from six (6) years
and one (1) day to twelve (12) years, in any of
its periods.
People v. Saley (supra)
Under the Indeterminate Sentence Law, the
maximum term of the penalty shall be "that
which, in view of the attending circumstances,
could be properly imposed" under the Revised
Penal Code, and the minimum shall be "within
the range of the penalty next lower to that
prescribed" for the offense. The penalty next
lower should be based on the penalty prescribed
by the Code for the offense, without first
considering any modifying circumstance
attendant to the commission of the crime. The
determination of the minimum penalty is left by
law to the sound discretion of the court and it can
be anywhere within the range of the penalty next
lower without any reference to the periods into
which it might be subdivided. The modifying
circumstances are considered only in the
imposition of the maximum term of the
indeterminate sentence.
The fact that the amounts involved in the
instant case exceed P22,000.00 should not be
considered in the initial determination of the
indeterminate penalty; instead, the matter
should be so taken as analogous to modifying
circumstances in the imposition of the maximum
term of the full indeterminate sentence. This
interpretation of the law accords with the rule
that penal laws should be construed in favor of
the accused. Since the penalty prescribed by law
for the estafa charge against accused-appellant is
prision correccional maximum to prision mayor
minimum, the penalty next lower would then be
prision correccional minimum to medium. Thus,
the minimum term of the indeterminate sentence
should be anywhere within six (6) months and
one (1) day to four (4) years and two (2) months
. Art. 88. Arresto menor. — The penalty of arresto menor shall be
I. EXECUTION AND SERVICE OF PENALTIES
Execution of Penalties
Art. 78. When and how a penalty is to be executed. — No
penalty shall be executed except by virtue of a final judgment.
A penalty shall not be executed in any other form than that
prescribed by law, nor with any other circumstances or incidents
than those expressly authorized thereby.
In addition to the provisions of the law, the special regulations
prescribed for the government of the institutions in which the
penalties are to be suffered shall be observed with regard to the
character of the work to be performed, the time of its
performance, and other incidents connected therewith, the
relations of the convicts among themselves and other persons,
the relief which they may receive, and their diet.
The regulations shall make provision for the separation of the
sexes in different institutions, or at least into different
departments and also for the correction and reform of the
convicts.
 The judgment must be final before it can be
executed, because the accused may still appeal
within 15 days from its promulgation. But if the
defendant has expressly waived in writing his
right to appeal, the judgment becomes final and
executory.
 See Rules and regulations to implement RA No.
8177 under Capital Punishment.
Art. 86. Reclusion perpetua, reclusion temporal, prision
mayor, prision correccional and arresto mayor. — The penalties
of reclusion perpetua, reclusion temporal, prision mayor, prision
correccional and arresto mayor, shall be executed and served in
the places and penal establishments provided by the
Administrative Code in force or which may be provided by law in
the future.
Art. 87. Destierro. — Any person sentenced to destierro shall not
be permitted to enter the place or places designated in the
sentence, nor within the radius therein specified, which shall be
not more than 250 and not less than 25 kilometers from the
place designated.
 Convict shall not be permitted to enter the
place designated in the sentence nor within the
radius specified, which shall not more than 250
and not less than 25 km from the place
designated.
 If the convict enters the prohibited area, he
commits evasion of sentence.
 Destierro is imposed:
a. When the death or serious physical
injuries is caused or are inflicted under
exceptional circumstances (art. 247)
b. When a person fails to give bond for good
behavior (art. 284)
c. As a penalty for the concubine in the
crime of concubinage (Art. 334)
d. When after lowering the penalty by
degrees, destierro is the proper penalty.
served in the municipal jail, or in the house of the defendant
himself under the surveillance of an officer of the law, when the
court so provides in its decision, taking into consideration the
health of the offender and other reasons which may seem
satisfactory to it.
Service of the penalty of arresto menor:
a. In the municipal jail
 b. In the house of the offender, but
under the surveillance of an officer of
the law, whenever the court so
provides in the decision due to the
health of the offender.
In the Matter of the petition for Habeas
Corpus of Pete Lagran (2001)
Facts: The accused was convicted of 3
counts of violating BP22 and was sentenced to
imprisonment of 1 year for each count. He was
detained on Feb. 24, 1999. On Mar. 19, 2001, he
filed a petition for habeas corpus claiming he
completed the service of his sentence. Citing Art.
70, RPC, he claimed that he shall serve the
penalties simultaneously. Thus, there is no more
legal basis for his detention.
Held: Art. 70 allows simultaneous service
of two or more penalties only if the nature of the
penalties so permit. In the case at bar, the
petitioner was sentenced to suffer one year
imprisonment for every count of the offense
committed. The nature of the sentence does not
allow petitioner to serve all the terms
simultaneously. The rule of successive service of
sentence must be applied.
Effects of the Probation Law
THE PROBATION LAW
Taken from the DOJ website
Section 3(a) of Presidential Decrees 968, as amended, defines
probation as a disposition under which an accused, after
conviction and sentence, is released subject to conditions
imposed by the court and to the supervision of a probation
officer. It is a privilege granted by the court; it cannot be
availed of as a matter of right by a person convicted of a
crime. To be able to enjoy the benefits of probation, it must
first be shown that an applicant has none of the
disqualifications imposed by law.
Disqualified Offenders
Probation under PD No. 968, as amended, is intended for
offenders who are 18 years of age and above, and who are not
otherwise disqualified by law. Offenders who are disqualified
are those: (1) sentenced to serve a maximum term of
imprisonment of more than six years; (2) convicted of
subversion or any offense against the security of the State, or
the Public Order; (3) who have previously been convicted by
final judgment of an offense punished by imprisonment of not
less than one month and one day and/or a fine of not more
than Two Hundred Pesos; (4) who have been once on
probation under the provisions of this Decree;
Post-Sentence Investigation
The Post-Sentence Investigation (PSI) and the submission of
the Post-Sentence Investigation Report (PSIR) are pre-
requisites to the court disposition on the application for
probation.
Period of Probation
The period of probation is in essence a time- bound condition.
It is a condition in point of time which may be shortened and
lengthened within the statutory limits and the achievements
by the probationer of the reasonable degrees of social
stability and responsibility from the measured observation of
the supervising officer and the
exercise discretion by the court in decisive order.
Probation Conditions
The grant of probation is accompanied by
conditions imposed by the court:
 The mandatory conditions require that
the probationer shall (a) present himself
to the probation officer designated to
undertake his supervision at each place
as may be specified in the order within
72 hours from receipt of said order, and
(b) report to the probation officer at least
once a month at such time and place as
specified by said officer.
 Special or discretionary conditions are
those additional conditions imposed on
the probationer which are geared towards
his correction and rehabilitation outside
of prison and right in the community to
which he belongs.
A violation of any of the conditions may lead
either to a more restrictive modification of the
same or the revocation of the grant of probation.
Consequent to the revocation, the probationer
will have to serve the sentence originally
imposed.
Modification of Conditions of Probation
During the period of probation, the court may,
upon application of either the probationers or the
probation officer, revise or modify the conditions
or period of probation. The court shall notify
either the probationer or the probation officer of
the filing of such an application so as to give both
parties an opportunity to be heard thereon.
Transfer of Residence
Whenever a probationer is permitted to reside in
a place under the jurisdiction of another court,
control over him shall be transferred to the
executive judge of the "Court of First Instance" of
that place, and in such case, a copy of the
Probation Order, the investigation report and
other pertinent records shall be furnished to said
executive judge. Thereafter, the executive judge
to whom jurisdiction over the probationer is
transferred shall have the power with respect to
him that was previously possessed by the court
which granted the probation.
Revocation of Probation
At any time during probation, the court may
issue a warrant for the arrest of a probationer for
any serious violation of the conditions of
probation. The probationer, once arrested and
detained, shall immediately be brought before
the court for a hearing of the violation charged.
The defendant may be admitted to bail pending
such hearing. In such case, the provisions
regarding release on bail of persons charged with
crime shall be applicable to probationers arrested
under this provision. An order revoking the grant
of probation or modifying the terms and
conditions thereof shall not be appealable.
Termination of Probation
After the period of probation and upon
consideration of the report and recommendation
of the probation officer, the court may order the
final discharge of the probationer upon finding
that he has fulfilled the terms and conditions of
his probation and thereupon the case is deemed
terminated.
Programs and Services
Post-Sentence Investigation. After conviction
and sentence, a convicted offender or his counsel
files a petition for probation with the trail court,
who in turn orders the Probation Officer to
conduct a post-sentence investigation to
determine whether a convicted offender may be
placed on probation or not. The role of the
probation officer in this phase is to conduct the
post-sentence investigation and to submit his
report to the court within the period not later
than 60 days from receipt of the order of the
Court to conduct the said investigation.
Pre-Parole Investigation. The PAROLE AND
PROBATION ADMINISTRATION - (PPA) conducts
pre-parole investigation of all sentenced
prisoners confined in prisons and jails within their
jurisdiction. The purpose is to determine whether
offenders confined in prisons/jails are qualified
for parole or any form of executive clemency and
to discuss with them their plans after release.
Probation officers submit their pre-parole
assessment reports to the Board of Pardons and
Parole.
Supervision of Offenders. The Agency
supervises two types of offenders under
conditional release: (1) probationers, or persons
placed under probation by the courts; (2)
parolees and pardonees, or prisoners released on
parole or conditional pardon and referred by the
Board of Pardons and Parole (BPP) to PAROLE
AND PROBATION ADMINISTRATION - (PPA)
(PPA). The objectives of supervision are to carry
out the conditions set forth in the
probation/parole order, to ascertain whether the
probationer/parolee/pardonee is complying with
the said conditions, and to bring about the
rehabilitation of the client and his re-integration
into the community.
Rehabilitation Programs. The treatment
process employed by the field officers focused on
particular needs of probationers, parolees and
pardonees. Assistance is provided to the clientele
in the form of job placement, skills training,
spiritual/moral upliftment, counseling, etc.
Community Linkages
Probation/Parole, as a community-based
treatment program, depends on available
resources in the community for the rehabilitation
of offenders. Thus, the Agency, recognizing the
important role of the community as a
rehabilitation agent, involves the community in
probation work through the use of volunteer
workers and welfare agencies.
Presidential Decree No. 968 permits the
utilization of the services of Volunteer Probation
Aides to assist the Probation and Parole Officers
in the supervision of probationers, parolees and
pardonees particularly in the areas where the
caseload is heavy and the office is understaff or
where the residence of the clientele is very far
from the Parole and Probation Office. As defined,
a Volunteer Probation Aide is a volunteer who is a
citizen of good moral character and good
standing in the community, who has been
carefully selected and trained to do volunteer
probation work. He is appointed by the
Administrator after successful completion of the
Introductory Training Course for probation volunteers. His
term of office is one year but can be renewed thereafter or
terminated earlier depending upon his performance and
willingness to serve.
Further,thePAROLEANDPROBATION ADMINISTRATION-
(PPA),throughits Community Services Division, Regional and
Field Officesnationwide,hasbeentapping government/non-
government organizations/individuals for various
rehabilitation programs and activities for probationers,
parolees and pardonees.
Llamado v. CA (1989)
In its present form, Section 4 of the
Probation Law establishes a much narrower
period during which an application for probation
ma be filed with the trial curt: “after the trial curt
shall have convicted and sentenced a defendant
and – within the period for perfecting an appeal”.
The provision expressly prohibits the grant of an
application for probation if the defendant has
perfected an appeal from the judgment of
conviction.
Petitioner’s right to apply for probation
was lost when he perfected his appeal from the
judgment of the trial court. The trial court lost
jurisdiction already over the case.
Bala v. Martinez (1990)
PD 1990 which amends Sec. 4 of PD 968
is not applicable to the case at bar. It went into
effect on Jan. 15, 1985 and cannot be given
retroactive effect because it would be prejudicial
to the accused. Bala was placed on probation on
Aug. 11, 1982.
Expiration of probation period alone does
not automatically terminate probation; a final
order of discharge from the court is required.
Probation is revocable before the final discharge
by the court. Probationer failed to reunite with
responsible society. He violated the conditions of
his probation. Thus, the revocation of his
probation is compelling.
Salgado v. CA (1990)
There is no question that the decision
convicting Salgado of the crime of serious
physical injuries had become final and executory
because the filing by respondent of an application
for probation is deemed a waiver of his right to
appeal.
The grant of probation does not
extinguish the civil liability of the offender. The
order of probation with one of the conditions
providing for the manner of payment of the civil
liability during the period of probation, did not
increase or decrease the civil liability adjudged.
The conditions listed under Sec. 10 of the
Probation law are not exclusive. Courts are
allowed to impose practically any term it
chooses, the only limitation being that it does not
jeopardize the constitutional rights of the
accused.
Office of the Court Administrator v.
Librado (1996)
Facts: The respondent is a deputy sheriff
who was charged of violating the Dangerous
Drugs Act and is now claiming he is in probation.
The OCA filed an administrative case against him
and he was suspended from office.
 Held: While indeed the purpose of the
Probation Law is to save valuable human
material, it must not be forgotten that unlike
pardon probation does not obliterate the crime of
which the person under probation has been
convicted. The image of the judiciary is tarnished
by conduct involving moral turpitude. The reform
and rehabilitation of the probationer cannot
justify his retention in the government service.
VII. EXTINGUISHMENT OF CRIMINAL
LIABILITY
This section enumerates and explains the ways in
which criminal liability is extinguished, one of
which is prescription (of both the crime and the
penalty) which will be discussed in detail.

Suspension in case of Insanity or Minority  Two kinds of extinguishment of

criminal liability:
 Total Extinguishment
Art. 79. Suspension of the execution and service of the penalties  Partial Extinguishment
in case of insanity. — When a convict shall become insane or
an imbecile after final sentence has been pronounced, the
execution of said sentence shall be suspended only with regard  Kinds of Total Extinguishment:
to the personal penalty, the provisions of the second paragraph
of circumstance number 1 of Article 12 being observed in the  By the death of the convict
corresponding cases.  By Service of sentence
If at any time the convict shall recover his reason, his sentence
shall be executed, unless the penalty shall have prescribed in  By Amnesty
accordance with the provisions of this Code.  By Absolute Pardon
The respective provisions of this section shall also be observed if
the insanity or imbecility occurs while the convict is serving his  By prescription of crime
sentence.  By prescription of penalty
 By the marriage of the offended
woman and the offender in the
 Only execution of personal penalty is
suspended: civil liability may be executed even in crimes of rape, abduction, seduction
case of insanity of convict. and acts of lasciviousness. (Art.
 An accused may become insane:
a. at the time of commission of the 344)
crime
– exempt from criminal liability
b. at the time of the trial  Kinds of Partial Extinguishment:
- court shall suspend hearings and  By Conditional Pardon
order his confinement in a hospital
until he recovers his reason  By Commutation of sentence
c. at the time of final judgment or while  For good conduct, allowances which
serving sentence
– execution suspended with regard to the culprit may earn while he is
the personal penalty only serving sentence

 see Exempting Circumstance of Minority for PD  By Parole

No. 603 and Rule on Juveniles in Conflict with  By Probation
Law.

Important: The Supreme Court ruled that re-

election to public office is not one of the grounds
by which criminal liability is extinguished. This is
only true in administrative cases but not in
criminal cases.

Total Extinguishment

A. BY THE DEATH OF THE CONVICT

 Extinguishes criminal liability as to

personal penalties;
 As to pecuniary penalties, liability
is extinguished only when the death
of the offender occurs before final
judgment.
EXCEPTION: Art. 33 (based on
contracts). Even if the accused
dies pending appeal, the right to
file a separate civil action is not
lost.

Illustration: Where the offender dies before final judgment, his

death extinguishes both his criminal and civil
1. People v. Bayotas (1991) liabilities. So while a case is on appeal, the offender
dies, the case on appeal will be dismissed. The
 offended party may file a separate civil action offense. offense, but rights not
under the Civil Code if any other basis for restored unless
recovery of civil liability exists as provided under explicitly provided by
Art 1157 Civil Code. the terms of the
pardon
2. People v. Abungan (2000) Both do not extinguish civil liability
Public act which the Private act of the
The death of appellant extinguished his criminal court shall take President and must be
liability. Moreover, because he died during the judicial notice of pleaded and proved by
pendency of the appeal and before the finality of the person pardoned
the judgment against him, his civil liability arising Valid only when Valid if given either
from the crime or delict (civil liability ex delicto) there is final before or after final
was also extinguished. It must be added, though, judgment judgment
that his civil liability may be based on sources of
obligation other than delict. For this reason, the
victims may file a separate civil action against his
estate, as may be warranted by law and Question: An offender was convicted of
procedural rules. rebellion, but he was given amnesty. Years later,
he was convicted again of rebellion. Is he a
B. BY SERVICE OF SENTENCE recidivist?

C. BY AMNESTY Answer: No. Because the amnesty granted to

 An act of the sovereign power
granting oblivion or general pardon
for a past offense.
 Rarely exercised in favor of a single
individual; usually extended in
behalf of certain classes of persons
who are subject trial but have not
yet been convicted.
 Erases not only the conviction but
also the crime itself.
D. BY ABSOLUTE PARDON
 An act of grace, proceeding from
the power entrusted with the
execution of the laws
 Exempts the individual from the
penalty of the crime he has
committed.
Monsanto V. Factoran, Jr. (1989)
Absolute pardon does not ipso facto entitle the
convict to reinstatement to the public office
forfeited by reason of his conviction. Although
pardon restores his eligibility for appointment to
that office, the pardoned convict must reapply for
the new appointment.
him erased not only the conviction but also the
effects of the conviction itself.
Question: Suppose what was given him was not
amnesty but pardon?
Answer: Yes. Pardon, although absolute does
not erase the effects of conviction. Pardon only
excuses the convict from serving the sentence.
Question: A person convicted of rebellion has
already served the sentence; yet, despite of this,
he was still given absolute pardon. Years later,
he was again convicted of rebellion. Is he a
recidivist?
Answer: No. When the convict has already
served the sentence such that there is no more
service of sentence to be executed then the
pardon shall be understood as intended to erase
the effects of the conviction.
Question: What if the pardon was given to him
while he was serving his sentence?
Answer: The pardon will not wipe out the effects
of the crime, unless the language of the pardon
specifically relieves him of the effects of the
crime.

Difference between Amnesty and Absolute E. BY PRESCRIPTION OF THE CRIME (Art. 90)
Pardon
 Definition: The forfeiture or loss of
Amnesty Absolute pardon the right of the State to prosecute
Blanket pardon to Includes any crime the offender, after the loss of a
classes of persons, and is exercised certain time.
guilty of political individually  General Rule: Prescription of the
offenses crime begins on the day the crime
was committed.
May still be exercised The person is already
 Exception: The crime was
even before trial or convicted
concealed, not public, in
investigation
which case, the
Looks backward – it is Looks forward – he is
prescription thereof would
as if he has relieved from the
committed no consequences of the only commence from the
time the offended party or
the government learns of
the commission of the
crime.

Difference between Prescription of Crime and

Prescription of the Penalty

Prescription of crime Prescription of the

Question: What happens when the last day of the
penalty
Forfeiture of the State Forfeiture to execute
to prosecute after a the final sentence after
lapse of a certain time the lapse of a certain
time
prescriptive period falls on a Sunday or legal
holiday?  Note: Termination must be
FINAL as to amount to a
Answer: The information can no longer be filed jeopardy that would bar a
on the next day as the crime has already subsequent prosecution.
prescribed.  The term of prescription shall not
run when the offender is absent from
Prescriptive Periods of Crimes the Philippine archipelago.
 For continuing crimes, prescriptive
Crimes punishable by death, 20 years period cannot begin to run because
reclusion perpetua or reclusion the crime does not end.
temporal
Afflictive penalties 15 years
Correctional penalties 10 years F. BY PRESCRIPTION OF PENALTIES (Art. 92)

Note: Those punishable by 5 years  Definition: The loss or forfeiture of

arresto mayor the right of the government to
The execute the final sentence after the
highest lapse of a certain time.
Note: When the penalty fixed penalty
law is a compound one shall be Prescriptive Periods of Penalties
made a
basis Death and reclusion perpetua 20 years
Libel 1 year Other afflictive penalties 15 years
Oral defamation and slander by 6 months Correctional penalties 10 years
deed Note: If arresto mayor 5 years
Simple slander 2 months Light penalties 1 year
Grave slander 6 months
Light offenses 2 months
Crimes punishable by fines Computation of the Prescription of Penalties
Fine is afflictive 15 years (Art. 93)
Fine is correctional 10 years
Fine is light 2 months Elements:

1. Penalty is imposed by final judgment

Note: Subsidiary penalty
for nonpayment not
considered in
determining the period
Note: When fine is an
alternative penalty
higher than the other
penalty which is by
imprisonment,
prescription of the crime
is based on the fine.
Computation of Prescription of
Offenses (Art. 91)
 Commences to run from the day on
which the crime is discovered by
the offended party, the authorities
or their agents.
 Interrupted by the filing of
complaint or information
 It shall commence to run
again when such proceedings
terminate without the
accused being convicted or
acquitted, or unjustifiably
stopped for any reason not
imputable to the accused.
2. Convict evaded service of sentence
by escaping during the term of his
sentence
3. The convict who has escaped from
prison has not given himself up, or
been captured, or gone to a foreign
country with which we have no
extradition treaty, or committed
another crime
4. The penalty has prescribed because
of the lapse of time from the date of
the evasion of service of the
sentence by the convict.
 Period commences to run from the
date when he culprit evaded20 the
service of sentence
 When interrupted:
 Convict gives himself up
 Is captured
 Goes to a foreign country
with which we have no
extradition treaty
 Commits any crime before
the expiration of the period of
prescription
Question: What happens in cases where our
government has extradition treaty with another
country but the crime is not included in the
treaty?

Answer: It would interrupt the running of the

prescriptive period.

20
"Escape" in legal parlance and for purposes of Articles 93
and 157 of the RPC means unlawful departure of prisoner from the limits
of his custody. Clearly, one who has not been committed to prison cannot
be said to have escaped therefrom (Del Castillo v. Torrecampo (2002).

Question: What is the effect of the

acceptance of the convict of a conditional Answer: It would interrupt the acceptance of
pardon? the prescriptive period.
 Question: What happens if the culprit is Question: What happens if the convict fails to
captured but he evades again the service of his observe the condition of the parole?
sentence?
Answer: The Board of Pardons and Parole is
Answer: The period of prescription that ran authorized to:
during the evasion is not forfeited. The period of 1. Direct his arrest and return to
prescription that has run in his favor should be custody
taken into account. 2. To carry out his sentence
without deduction of the time
G. BY MARRIAGE OF THE FFENDED WOMAN that has elapsed between the
WITH THE OFFENDER date of the parole and the
subsequent arrest.
 This applies only to the following
crimes: Difference between Conditional Pardon
 Rape and Parole
 Seduction
 Abduction Conditional Pardon Parole
 Acts of lasciviousness May be give at any May be given after
 The marriage under Art. 344 must be time after final the prisoner has
contracted in good faith judgment; is granted served the
by he Chief minimum penalty;
Partial Extinguishment Executive under the is granted by the
provisions of the Board of Pardons
Administrative Code and Parole under the
A. A. BY CONDTIONAL PARDON
provisions of the
 If delivered and accepted, it is a
Indeterminate
contract between the executive
Sentence Law
and the convict that the former will
In case of violation, In case of violation,
release the latter upon compliance
the convict may be the convict may not
with the condition.
prosecuted under be prosecuted under
 Example of a condition:
Art. 159 of the RPC. Art. 159 of the RPC.
“Not to violate any of the penal
laws of the country again”.
E. BY PROBATION

Note: Please see Probation Law on page

117.
B.
B. BY COMMUTATION OF SENTENCE

C. FOR GOOD CONDUCT ALLOWANCES

 The convict may earn these while he

is serving his sentence.
 Example: Article 158. A convict who
escapes the place of confinement on
the occasion of disorder resulting
from a conflagration, earthquake or
similar catastrophe, or during a
mutiny in which he has not
participated; but who returns within
48 hours after the proclamation that
the calamity had passed shall be
given credit of 1/5 deduction of the
original sentence.

Note: Not an automatic right for it has to

be granted by the Director of Prisons (Art.
99). Also, he must be serving his sentence.
Thus, if released because of conditional
pardon, this provision is not applicable.

D. BY PAROLE

 Definition: The suspension of the

sentence of the convict after serving
the minimum term of the
intermediate penalty, without being
granted a pardon, prescribing the
terms upon which the sentence shall
be suspended.