CRIMINAL LAW Reviewer for
Midterms
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:
SCALE
Principal Penalties
Capital Punishment:
Death Penalty (it was already
abolished)
Afflictive Penalties: (over P6000
penalty)
 Reclusion Perpetua- highest
penalty 20 yrs 1 day to 40 yrs
 Reclusion Temporal- 12 yrs
1 day to 20 yrs
 Perpetual or Temporary
absolute disqualification –
you cannot run for any
elective position
 Perpetual or Temporary
special disqualification
 Prison Mayor - 6 yrs 1 day
to 12 yrs
Correctional Penalties: (P200 to
P6000 penalty)
 Prison correctional- 6
months 1 day to 6 yrs
 Arresto Mayor – 1 month 1
day to 6 months
 Suspension (non a penalty)
 Destierro - a situation when
an offender is prohibited from
entering a certain point at
radius of 25 km to 250 km.
This is applicable when a
spouse surprises his/her
spouse in the act of sexual
intercourse w/ another person
or kills a daughter who is a
minor caught having sexual
intercourse in their family
home, provided that the
daughter is supported totally
and in the case of a woman
commits concubinage.
Ex of destierro:
A and B are married. If A
caught B and C having sexual
intercourse with her paramour and A
killed B and C.
--A will not be punished only
Destierro will be given
--If intercourse is not yet done or if it
is finished and A killed B and C it is
murder.
--Applicable to Man or woman
Ex. 2 of Destierro:
If a father caught B his
daughter having sex with C in their
house and A killed B and C.
--A will be punished with Destierro as
long as the daughter is supported by
their parents totally
Light Penalties: (less than P200
penalty)
 Arresto Menor- 1 day to 30
days
 Public Censure
Penalties common to the 3
preceding classes:
 Fine
 Bond to keep the peace-
when a person is charge in
court for a crime and during
trial the person threatens to
harm complainant. The court
may impose a bond on him so
that he does not continue the
threat. But if he persist the
bond will be confiscated and
he goes to prison. Also when
he does not pay the bond he
goes to prison.

Ex. Of Bond to keep peace
A and B are brothers. They
quarreled. A killed B. The widowed
wife of B filed a case of homicide. A
threatens the widowed wife and her
daughter.
Court will put a bond of
P50,000 but A cannot pay it, A will be
put in jail
Bail Bond
It is to give you temporary
freedom or liberty.
Accessory Penalties – imposition of the penalty reclusion
supplemental or additional penalty
( a criminal is punished by
imprisonment and accessory
penalty)
 Perpetual or Temporary
absolute disqualification –
you cannot run for any
elective position
 Perpetual or Temporary
special disqualification
 Suspension from public
office, the right to vote and
be voted for, the
profession or calling
 Civil interdiction
 Indemnification -Payment of
civil liabilities
 Forfeiture or confiscation
of instruments and
proceeds of the offense
 Payment of cost
“THE PENALTIES WHICH MAY BE
IMPOSED, ACCORDING TO THIS
CODE, X X X ARE THOSE
INCLUDED” IN ART.25 ONLY.
 Life imprisonment should be
denominated Reclusion Perpetua.
The old term for life imprisonment
before is Cadena Perpetua the
penalty which was imposed by the
Spanish Penal Code of 1870 it was
already abolished by the RPC
 The RPC does not prescribe the
penalty of life imprisonment for any
felonies therein defined, that penalty
being invariably imposed for serious
offenses penalized not by RPC but by
Special Laws
 Accessory Penalties like Perpetual
Special Disqualification is not the
same as life imprisonment which for
one thing, does not appear to have
any definite extent or duration.
 R.A 9346 prohibited the imposition of
death penalty, and provided for the
perpetua in lieu of death it was
signed into law on June 24, 2006.
 Reclusion perpetua is not the
same as life imprisonment.
 The RPC does not prescribe
the penalty of life
imprisonment for any felonies
therein defined, that penalty
being invariably imposed for
serious offenses penalized not
by RPC but by Special Laws.
 Reclusion Perpetua entails
imprisonment for 20 years and
1 day to 40 years after which
the convict becomes eligible
for pardon.
 It also carries with it accessory
penalties, namely: perpetual
special disqualification etc.
ARTICLE 25 classifies penalties
into principal and accessory
This article classifies penalties
into:
1. Principal penalties- those
expressly imposed by the
court in the judgement of
conviction
 2. Accessory penalties- those ARTICLE 26. FINE- When
that are deemed included in afflictive, correctional, or light
the imposition of the principal penalty- A fine whether imposed
penalties. as a single or as an alternative
The principal penalties may be penalty, shall be considered an
classified according to their afflictive penalty, if exceeds
divisibility: P6,000 pesos; a correctional
penalty, if it does not exceed
1. Divisible P6,000 pesos but is not less than
2. Indivisible P200 pesos; and a light penalty,
if less than P200 pesos.
Indivisible penalties are those
which have no fixed duration Fine is:

The indivisible penalties are: 1. Afflictive- over P6000

2. Correctional- P200 to P6000
1. Death 3. Light Penalty- less than P200
2. Reclusion Perpetua
3. Perpetual Absolute or Special Bond to keep the peace is by
Disqualification analogy:
4. Public Censure
1. Afflictive- over P6000
Divisible Penalties are those that 2. Correctional- P200 to P6000
have fixed duration and are divisible 3. Light Penalty- less than P200
into 3 periods.
ARTICLE 27. Reclusion perpetua-
Classification of penalties the penalty of reclusion
according to subject –matter: perpetua shall be from 20 yrs
and 1 day to 40 yrs
1. Corporal (death)
2. Deprivation of freedom Reclusion temporal- the penalty
(recusion, prison, arresto) of reclusion temporal shall be
3. Restriction ( destierro) from 12 yrs and 1 day to 20 yrs
4. Deprivation of rights
(disqualification and Prison mayor and temporary
suspension) disqualification- the duration of
5. Pecuniary (fine) the penalties of prison mayor
and temporary disqualification
Classification of penalties shall be from 6 yrs and 1 day to
according to their gravity: 12 yrs, except when the penalty
of disqualification is imposed as
1. Capital an accessory penalty, in which
2. Afflictive case, its duration shall be that of
3. Correctional the principal penalty.
4. Light
Prison correccional, suspension
This classification corresponds to the and destierro- the duration of
classification of the felonies in Article the penalties of prison
9, into grave, less grave and light. correccional, suspension, and
destierro shall be from 6 months
and 1 day to 6 yrs, except when
 suspension is imposed as an Bond to keep the peace is not
accessory penalty, in which case, specifically provided as a
its duration shall be that of the penalty for any felony and
principal penalty. therefore cannot be imposed by
the court.
Arresto mayor- the duration of
the penalty of arresto mayor ARTICLE 28. COMPUTATION OF
shall be from 1 month and 1 day PENALTIES- if the offender shall
to 6 months be in prison, the term of the
duration of the temporary
Arresto menor- the duration of penalties shall be computed
the penalty of arresto menor from the day on which the
shall be from 1 day to 30 days judgement of conviction shall
have become final.
Bond to keep the peace- the
bond to keep the peace shall be If the offender be not in prison,
required to cover such period of the term of the duration of the
time as the court may determine penalty consisting of deprivation
of liberty shall be computed
 Temporary disqualification and from the day that the offender is
suspension when imposed as placed at the disposal of the
accessory penalties, have different judicial authorities for the
durations- they follow the duration of enforcement of the penalty. The
the principal penalty. duration of the other penalties
 if penalty imposed is arresto mayor, shall be computed only from the
the duration of the accessory penalty day on which the defendant
of suspension of the right to hold commences to serve his
office and the right of suffrage shall sentence.
be that of arresto mayor.
 Note the clauses par 3 and 4  Rules in computation of
which say “except when penalties
penalty is imposed as an The Director of Prisons or the
accessory penaly, in w/c case warden should compute the
its duration shall be that of the penalties imposed upon the convicts,
principal penalty.” observing the following rules:

CASES DESTIERRO IMPOSED 1. When the offender is in

prison- the duration of
 Serious physical injuries or temporary penalties is from
death under exceptional the day on which the
circumstances( art.247) judgement of conviction
 In case of failure to give bond becomes final
for good behavior (art.284) 2. When the offender is not in
 As a penalty for the concubine prison- the duration of
in concubinage (art. 334) penalty consisting in
 In cases where after reducing deprivation of liberty, is from
the penalty by one or more the day that the offender is
degrees destierro is the proper placed at the disposal of
penalty. judicial authorities for the
enforcement of the penalty
 3. The duration of other commences to serve his
penalties- the duration is sentence
from the day on which the  But offender is entitled to a
offender commences to serve deduction of full time or 4/5 of
his sentence the time of his detention

Example of temporary penalties: Reason for Rule No.1:

1. Temporary absolute The duration of temporary

disqualification penalties shall be computed only
2. Temporary special from the day the judgement of
disqualification conviction becomes final, and not
3. Suspension from the day of his detention,
because under Article 24 the arrest
and temporary detention of the
accused is not considered penalty.
Rules in cases of temporary
penalties:

 If an offender is under ARTICLE 29. PERIOD OF

detention, as when he is PREVENTIVE IMPRISONMENT
undergoing preventive DEDUCTED FROM TERM OF
imprisonment, Rule 1 applies. IMPRISONMENT- OFFENDERS OR
 If not under detention, ACCUSED WHO HAVE
because the offender has been UNDERGONE PREVENTIVE
released on bail, Rule 3 IMPRISONMENT SHALL BE
applies CREDITED IN THE SERVICE OF
THEIR SENTENCE CONSISTING OF
Example of penalties consisting DEPRIVATION OF LIBERTY, WITH
in deprivation of liberty: THE FULL TIME DURING WHICH
THEY HAVE UNDERGONE
1. Imprisonment PREVENTIVE IMPRISONMENT IF
2. Destierro THE DETENTION PRISONER
AGREES VOLUNTARILY IN
Rules in cases of penalties
WRITING AFTER BEING
consisting in deprivation of
INFORMED OF THE EFFECTS
liberty
THEREOF AND WITH THE
 When the offender is not in ASSISTANCE OF COUNSEL TO
prison , Rule 2 applies. ABIDE BY THE SAME
 If the offender is undergoing DISCIPLINARY RULES IMPOSED
preventive imprisonment, the UPON CONVICTED PRISONERS,
computation of penalty is not EXCEPT IN THE FOLLOWING
from the day that the offender CASES:
is placed at the disposal of the
1. When they are recidivists
judicial authorities for the
or have been convicted
enforcement of the penalty.
previously twice or more
Rule No.3 applies, that is, the
time of any crime; and
duration of the penalty shall
2. When upon being
be computed from the day on
summoned for the
which the defendant
execution of their sentence
 they have failed to PERSONS CHARGED WITH
surrender voluntarily. If HEINOUS CRIMES ARE EXCLUDED
the detention prisoner FROM THE COVERAGE OF THIS
does not agree to abide by ACT. IN CASE THE MAXIMUM
the same disciplinary rules PENALTY TO WHICH THE ACCUED
imposed upon convicted MAY BE SENTENCED IS
prisoners he shall do so in DESTIERRO, HE SHALL BE
writing with the assistance RELEASED AFTER 30 DAYS OF
of a counsel and shall be PREVENTIVE IMPRISONMENT. (as
credited in the service of amended by R.A No. 10592 and
his sentence with 4/5 of 6127 and E.O No. 214)
the time during which he
has undergone preventive  When is there preventive
imprisonment imprisonment?

CREDIT FOR PREVENTIVE The accused undergoes

IMPRISONMENT FOR THE preventive imprisonment when the
PENALTY OF RECLUSION offense charged is nonbailable, or
PERPETUA SHALL BE DEDUCTED even if bailable, he cannot furnish
FROM 40 YEARS. WHENEVER AN the required bail.
ACCUSED HAS UNDERGONE
PREVENTIVE IMPRISONMENT FOR Example of Art. 29
A PERIOD EQUAL TO THE
POSSIBLE MAXIMUM Bruno is charged of homicide
IMPRISONMENT OF THE OFFENSE (penalty 12 yrs 1 day to 20 years) he
CHARGED TO WHICH HE MAY BE was not able to pay the bond. He
SENTENCED AND HIS CASE IS was jailed. The trial lasted for 2
NOT YET TERMINATED, HE SHALL years, then the court sentenced him
BE RELEASED IMMEDIATELY to 12 yrs imprisonment. So, the 2
WITHOUT PREJUDICE TO TE years will be deducted from the 12
CONTINUATION OF THE TRIAL years sentenced. Bruno will serve 10
THEREOF OR THE PROCEEDING years.
IN APPEAL, IF THE SAE IS UNDER
 Credit for preventive
REVIEW. COMPUTATIONO OF
imprisonment for the penalty of
PREVENTIVE IMPRISONMENT FOR
reclusion perpetua shall be
PURPOSES OF IMMEDIATE
deducted from 40 years
RELEASE UNDER THIS
 The credit is given in the service
PARAGRAPH SHALL BE THE
of sentences “consisting of
ACTUAL PERIOD OF DETENTION
deprivation of liberty”
WITH GOOD CONDUCT
If offense for which the following
TIMEALLOWANCE; PROVIDED,
which the offender is undergoing
HOWEVER, THAT IF THE
preventive imprisonment is
ACCUSED IS ABSENT WITHOUT
punishable by imprisonment or fine,
JUSTIFIABLE CAUSE AT ANY
and upon conviction the court
STAGE OF THE TRIAL, THE COURT
imposed on him only a fine, there is
MAY MOTU PROPRIO ORDER THE
no credit to be given.
REARREST OF THE ACCUSD;
PROVIDED, FINALLY, THAT Convict to be released
RECIDIVISTS, HABITUAL immediately if the penalty
DELINQUENTS, ESCAPEES AND imposed after trial is less than
the full time or 4/5 of the time of
the preventive imprisonment
Ex.2
The judge finished the trial and
the accused is already in prison for 3
years. The judge gave the penalty of
3 yrs. The accused will be sent out.
Computation of preventive
imprisonment for purposes of
immediate release shall be the
actual period of detention with
good conduct time allowance
If prisoner is convicted, he would
enjoy good conduct time allowance
for the actual period of detention.
Thus, the computation of maximum
possible imprisonment for purposes
of immediate release should be the
actual period of detention plus good
conduct time allowance. If good
conduct time allowance is granted to
convicted prisoners, this benefit
should also be extended to the
detention prisoner
Destierro constitutes
“deprivation of liberty”
Destierro does not constitutes
imprisonment, it is nontheles
deprivation of liberty. It follows
Article 29 when the penalty is
destierro. The accused should be
credited with the time during which
he has undergone preventive
imprisonment.
Accused shall be released
immediately whenever he has
undergone preventive
imprisonment for a period equal
to the impossible maximum
imprisonment for the offense
charged
Ex. 3
The accused is already in prison
for 3 years and the penalty is only for
2 years, The trail will still continue to
clear the name of the accused.
If the maximum penalty to which
the accused may be sentenced is
destierro
Ex. 4
A is accused for a crime punishable
by arresto menor(6 months 1 day to
6 yrs) to destierro. A has been
detained for 30 days since his arrest.
A should be released
immediately after 30 days from his
arrest and detention, even if the
duration of destierro, the maximum
penalty to which he may be
sentenced, is from 6 months 1 day to
6 yrs. Because destierro sentenced
to that penalty does not serve it in
prison, he is free, only that he cannot
enter the prohibited area specified in
the sentence.
Offenders not entitled to the full
time or 4/5 of the time of
preventive imprisonment.
The following offenders are not
entitled to be credited with the full
time or 4/5 of the time of preventive
imprisonment:
1. Recidivists or those convicted
previously twice or more times
of any crime
2. Those who, upon being
summoned for the execution
of their sentence, failed to
surrender voluntarily
3. Habitual delinquents or those
who, within a period of 10 yrs
 from the date of his release or
last conviction of the crimes or
serious or less serious physical
injuries, robbery, theft, estafa
or falsification is found guilty
of any of said crimes a 3rd time
or oftener;
4. Escapees
5. Persons charged with heinous
crimes
Habitual delinquent is included
in par.1
SECTION 2- EFFECTS OF THE
PENALTIES ACCORDING TO THEIR
RESPECTIVE NATURE
ARTICLE 30. EFFECTS OF THE
PENALTIES OF PREPETUAL OR
TEMPORARY ABSOLUTE
DISQUALIFICATION- THE
PENALTIES OF PERPETUAL OR
TEMPORARY ABSOULTE
DISQUALIFICATION FOR PUBLIC
OFFICE SHALL PRODUCE THE
FOLLOWING EFFECTS:

Habitual delinquent is not 1. The deprivation of the

entitled to the full time or 4/5 of the public offices and
time of preventive imprisonment, employments which the
because a habitual delinquent is offender may have held,
necessarily a recidivist or that at even if conferred by
least he has been convicted popular election
previously twice or more times of 2. The deprivation of the
any crimes right to vote inany election
for any popular elective
They have failed to surrender office or to be elected to
voluntarily such office
3. The disqualification for the
EX. office or public
employments and for the
A was arrested for serious physical exercise of any of the
injuries inflicted on B and pending his rights mentioned
investigation and trial he was
detained for 1 yr. A bailed and was In case of temporary
able to go out after 1 year. Later, he disqualification, such
was summoned for the execution of disqualification as is comprised
his sentence and found guilty. in par.2 and 3 of this article shall
Because he failed to appear, the last during the term of the
court issued an order for his arrest sentence
and confiscation of his bond.
Although he is not covered by par.1 4. The loss of all rights to
of art.29, as amended, A will not be retirement pay or other
credited in the service of his pension for any office
sentence for serious physical injuries formerly held
with 1 year or 4/5 of one year
preventive imprisonment. ARTICLE 31. EFFECTIVE OF THE
PENALTIES OF PERPETUAL OR
Escapees. TEMPORARY SPECIAL
DISQUALIFICATION- THE
Escapees are those who have PENALTIES OF PERPETUAL OR
escaped from confinement from a TEMPORARY SPECIAL
penal establishment DISQUALIFICATION FOR PUBLIC
OFFICE, PROFESSION, OR
CALLING SHALL PRODUCE THE
FOLLOWING EFFECTS:

1. The deprivation of the

office, employment,
profession or calling
affected
2. The disqualification for
holding similar offices or
employments either
perpetually or during the
term of the sentence,
according to the extent of
such disqualification

ARTICLE 32. EFFECTS 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
DISQUALIFICATIONS