Bond to keep the peace.

- The bond to keep the

BOOK ONE
GENERAL PROVISIONS REGARDING THE
DATE OF ENFORCEMENT AND
APPLICATION OF THE PROVISIONS OF THIS
CODE, AND REGARDING THE OFFENSES,
peace shall be required to cover such period of
time as the court may determine.
---------------------------------------------------------
DURATION
of each of different penalties.

THE PERSONS LIABLE AND THE PENALTIES 1. Reclusion perpetua — 20 yrs. and 1 day to 40 yrs.

2. Reclusion temporal — 12 yrs. and 1 day to 20 yrs.

Title Three: P E N A L T I E S
Chapter Three DURATION AND EFFECTS
OF PENALTIES
3. Prision mayor and temporary disqualification — 6 yrs. and 1
day to 12 yrs., except when disqualification is accessory
penalty, in which case its duration is that of the principal
penalty.

4. Prision correccional, suspension, and destierro — 6 mos. and 1

Section One. - Duration of Penalties day to 6 yrs., except when suspension is an accessory penalty,
in which case its duration is that of the principal penalty.

Article 27. Reclusion perpetua. - Any person 5. Arresto mayor — 1 mo. and 1 day to 6 mos.
sentenced to any of the perpetual penalties shall
be pardoned after undergoing the penalty for 6. Arresto menor — 1 day to 30 days.

thirty years, unless such person by reason of his
conduct or some other serious cause shall be
considered by the Chief Executive as unworthy of
pardon.
Reclusion temporal. - The penalty of reclusion
temporal shall be from twelve years and one day
to twenty years.
7. Bond to keep the peace — the period during which the bond
shall be effective is discretionary on the court.
DURATION AND EFFECTS OF PENALTIES
1. Reclusion Perpetua- imprisonment for at least thirty [30]
years after which the convict becomes eligible for pardon. It
also carries with it accessory penalties, namely: perpetual

Prision mayor and temporary disqualification. - special disqualification, etc.

The duration of the penalties of prision mayor and
temporary disqualification shall be from six years
2. Reclusion Temporal- 12 years and 1 day to 20 years
and one day to twelve years, except when the
penalty of disqualification is imposed as an
accessory penalty, in which case its duration 3. Prision Mayor and Temporary Disqualification- 6 years and 1
shall be that of the principal penalty.
day to 12 years

Prision correccional, suspension, and destierro. -

The duration of the penalties of prision
4. Prision correccional, suspension, and destierro- 6 months
correccional, suspension and destierro shall be
from six months and one day to six years, except and 1 day to 6 years

when suspension is imposed as an accessory

penalty, in which case, its duration shall be that
5. Arresto Mayor- 1 month and 1 day to 6 months
of the principal penalty.

Arresto mayor. - The duration of the penalty of

6. Arresto Menor- 1 day to 30 days
arresto mayor shall be from one month and one
day to six months.
7. Bond to keep the peace— The bond to keep the peace
Arresto menor. - The duration of the penalty of
shall be required to cover such period of time as the court
arresto menor shall be from one day to thirty
days. may determine.
• __

less grave felony, or for a period not to

- RULE: Temporary disqualification and suspension: WHEN exceed 30 days, if for a light felony. (Art. 35)
IMPOSED AS ACCESSORY PENALTY, have different durations —
RULE: they follow the duration of the principal penalty. - RULE: Bond for good behavior under Art. 284 of the Code,
- [ACCESSORY PENALTY] Thus, if the penalty imposed is which is required of a person making a grave or light threat, is
arresto mayor, not required to be given in cases involving other crimes.
- the duration of the accessory penalty of suspension of ---------------------------------------------------------
the right to hold office and the right of suffrage (Art. 44)
shall be that of arresto mayor.
- EXCEPTION BASIS: except when the penalty of
disqualification is imposed as an
accessory penalty, in which case its
Article 28. Computation of penalties. - If the
duration shall be that of the principal
offender shall be in prison, the term of the
penalty.
duration of the temporary penalties shall be
- EXCEPTION BASIS: except when suspension is
computed from the day on which the judgment of
imposed as an accessory penalty, in which
conviction shall have become final.
case, its duration shall be that of the
principal penalty. If the offender be not in prison, the term of the
duration of the penalty consisting of deprivation
- RULE: cases where destierro is imposed:
- Article 87. Destierro. - Any person sentenced to
of liberty shall be computed from the day that the
destierro shall not be permitted to enter the place or offender is placed at the disposal of the judicial
places designated in the sentence, nor within the authorities for the enforcement of the penalty.
radius therein specified, which shall be not more than The duration of the other penalties shall be
250 and not less than 25 kilometers from the place
computed only from the day on which the
designated.
defendant commences to serve his sentence.
- 1. Serious physical injuries or death under exceptional ---------------------------------------------------------
circumstances. (Art. 247)
term of the duration of temporary penalties
- 2. In case of failure to give bond for good behavior.
(Art. 284)
- 3. As a penalty for the concubine in concubinage. (Art.
334)
Examples of temporary penalties:
- 4. In cases where after reducing the penalty by one or (1) Temporary absolute disqualification.
more degrees destierro is the proper penalty. (2) Temporary special disqualification.
(3) Suspension.
- RULE: Bond to keep the peace is not specifically provided as a
penalty for any felony and therefore cannot be imposed by the
court. “computed from the day, when?”
- Since according to Art. 21 no felony shall be
punishable by any penalty not prescribed by law prior If the offender shall be in prison (UNDER
- RULE 1
to its commission, and bond to keep the peace is not DETENTION?)
specifically provided for by the Code for any felony, - term of the duration of the temporary
that penalty cannot be imposed by the court.
penalties
- shall be computed from the day on
- RULE: Note: Bond to keep the peace is different from bail bond
which the judgment of conviction
- BAIL BOND: is posted for the provisional release of a
person arrested for or accused of a crime.
shall have become final.
- Rules in cases of temporary penalties: If offender is
- BOND TO KEEP THE PEACE:
under detention, as when he is undergoing preventive
- a. The offender must present two sufficient
imprisonment, Rule No. 1 applies.
sureties who shall undertake that the offender
- [from the day the judgment of conviction
will not commit the offense sought to be
becomes final] WHY?
prevented, and that in case such offense be
- The duration of temporary penalties shall be
committed they will pay the amount
computed only from the day the judgment of
determined by the court; or
conviction becomes final, and not from the
- b. The offender must deposit such amount
day of his detention, because under Art. 24
with the clerk of court to guarantee said
the arrest and temporary detention of the
undertaking; or
accused is not considered a penalty.
- c. The offender may be detained, if he
- The service of a sentence of one in prison begins only
cannot give the bond, for a period not to
on the day the judgment of conviction becomes final.
exceed 6 months if prosecuted for grave or

2
• __

(Baking vs. Director of Prisons, No. L-30603, July 28, 1969,

28 SCRA 851, 856)
- If the accused, who was in custody, appealed, his
service of sentence should commence from the date
of the promulgation of the decision of the appellate
court, not from the date the judgment of the trial court
was promulgated. (Ocampo vs. Court of Appeals, 97
Phil. 949 [Unrep.], No. L-7469, May 6, 1955)
- The accused could not be considered as
committed or placed in jail by virtue of the
decision of the Court of Appeals,
- although he was already in jail when that
judgment was received.
- The fact of his custody as a mere
appellant pending appeal
continued, and the receipt of the
decision of the Court of Appeals did
not change the detention of the
accused into service of the
judgment. The reading of the
sentence of the Court of Appeals to
the accused was still a necessary
step previous to the actual
commitment of the accused.
(People vs. Enriquez, 107 Phil. 201,
207)
Examples of penalties consisting in
deprivation of liberty:
(1) Imprisonment
(2) Destierro
- Destierro means banishment or only a
prohibition from residing within the radius of 25
kilometers from the actual residence of the
accused for a specified length of time.
when the offense charged is nonbailable, or even
if bailable, he cannot furnish the required bail.
- under Art. 24 the arrest and temporary detention of
the accused is not considered a penalty.
- RULE 3 [NOT DEPRIVATION?]: The duration of the other
penalties
- If the offender is undergoing preventive
imprisonment,
- the computation of the penalty is NOT from
the day that the offender is placed at the
disposal of the judicial authorities for the
enforcement of the penalty.
- Rule No. 3 applies, that is, the duration of the
penalty shall be computed from the day on
which the defendant commences to serve his
sentence.
- But the offender is entitled to a deduction of
full time or fourfifths (4/5) of the time of his
detention.
- Rules in cases of temporary penalties: If not under
detention, because the offender has been released on
bail, Rule No. 3 applies.
- shall be computed only from the day on
which the defendant commences to serve
his sentence.
---------------------------------------------------------

- RULE 2 If the offender be NOT in prison

- Rules in cases of penalties consisting in deprivation of
liberty: When the offender is not in prison, Rule No. 2
applies.

- term of the duration of the temporary

penalties 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.
- FROM ONLINE: Deprivation of liberty means
taking someone's freedom away. A recent
Supreme Court judgement decided that
someone is deprived of their liberty if they are
both 'under continuous supervision and
control and not free to leave'.

When is there preventive imprisonment?

The accused undergoes preventive imprisonment

3
• __

thirty (30) days of preventive imprisonment. (As

amended by E.O. No. 214, July 10, 1988).
---------------------------------------------------------
CODAL SUMMARY

Period of preventive imprisonment deducted from

term of imprisonment.

- Offenders who have undergone preventive

imprisonment
- shall be credited in the service of their
Article 29. Period of preventive imprisonment
deducted from term of imprisonment. - 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:
- RULE: EXCEPTION: except in the following cases:
1. When they are recidivists or have been
convicted previously twice or more times of any
crime; and
2. 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
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
Offenders not entitled to the full time or
four-fifths of the time of preventive
imprisonment.
- 1. When they are recidivists or have been
convicted previously twice or more times
of any crime [habitual delinquent?]; and
- 2. When upon being summoned for the
execution of their sentence they have
failed to surrender voluntarily.
- NOTE: does NOT refer to failure to
surrender voluntarily after the
commission of the crime
- In view of the elimination in Rep. Act No. 6127
of paragraph No. 3 of the original Art. 29,
those convicted of robbery, theft, estafa,
malversation, falsification, vagrancy or
prostitution are now to be credited
---------------------------------------------------------
RULE: [NO CREDIT WHEN] The credit is
given in the service of sentences
"consisting of deprivation of liberty."
- Thus, if the offense for which the offender is
undergoing preventive imprisonment is punishable
by:
- imprisonment or a fine, and upon
conviction the court imposed on him only
a fine,

4
• __

- there is no credit to be given.

- under Art. 24 the arrest and temporary detention of

penalties consisting in deprivation of the accused is not considered a penalty.
liberty:
RULE: Must preventive imprisonment be
(1) Imprisonment
considered in perpetual penalties?
(2) Destierro
- Destierro means banishment or only a prohibition
from residing within the radius of 25 kilometers from - YES: This allowance should be made even in the
the actual residence of the accused for a specified case of perpetual punishment.
length of time.
- Although destierro does not constitute imprisonment
(which is a typical example of deprivation of liberty), - This article does not make any distinction
it is nonetheless a deprivation of liberty. It follows that between temporal(temporary?) penalties and
Article 29 is applicable when the penalty is destierro. perpetual penalties.
The accused should be credited with the time
during which he has undergone preventive
imprisonment. (People vs. Bastasa, No. L-32792, Feb. - Thus, even if the accused is sentenced to life
2, 1979, 88 SCRA 184, 193) imprisonment, he is entitled to the full time or 4/5
of the time of the preventive imprisonment. (See
U.S. vs. Ortencio, 38 Phil. 341, 345)
- RULE: IF: the detention prisoner agrees
voluntarily in writing to abide by the same
disciplinary rules imposed upon convicted
- RULE[released immediately]: Whenever an
prisoners
- [he] shall be credited in the service of their accused has undergone preventive imprisonment
for a period equal to or more than the possible
sentence consisting of deprivation maximum imprisonment of the offense charged to
which he may be sentenced and his case is not
of liberty, with the full time
yet terminated
- during which they have undergone - he shall be released immediately without
preventive imprisonment, prejudice to the continuation of the trial
thereof or the proceeding on appeal, if the
- EXCEPTION RULE: YOUTHFUL OFFENDER: CREDITED
same is under review.
FULL TIME, NOT NECESSARY TO ABIDE:
- Under Art. 197 of the Child and Youth Welfare Code
(Presidential Decree No. 603), the youthful offender
if the penalty imposed after trial
shall be credited in the service of his sentence with the
full time he spent in actual confinement and detention. - is less than the full time or four-fifths of
It is not necessary that he agreed to abide by the - the time of the preventive
disciplinary rules imposed upon convicted prisoners. imprisonment.
- released immediately
- RULE: IF: the detention prisoner does not agree
to abide by the same disciplinary rules imposed whenever he has undergone preventive
upon convicted prisoners
imprisonment [during trial?]
- he shall be credited in the service of his
- for a period equal to or more than the
sentence with four-fifths of the time
- possible maximum imprisonment
- during which he has undergone
for the offense charged.
preventive imprisonment. (As
amended by Republic Act 6127,
June 17, 1970). - RULE[released AFTER 30 DAYS - IF DESTIERRO]: In
case the maximum penalty to which the accused
may be sentenced is destierro
When is there preventive imprisonment?
- he shall be released after thirty (30) days
The accused undergoes preventive imprisonment
when the offense charged is nonbailable, or even of preventive imprisonment. (As amended
if bailable, he cannot furnish the required bail. by E.O. No. 214, July 10, 1988).
---------------------------------------------------------

5
• __

Article 29 of Act No. 3815, as amended, any stage of the trial, the court may motu
otherwise known as the Revised Penal Code, is proprio order the rearrest of the accused:
hereby further amended to read as follows: Provided, finally, That recidivists, habitual
delinquents, escapees and persons charged
"ART. 29. Period of preventive imprisonment with heinous crimes are excluded from the
deducted from term of imprisonment. – coverage of this Act. In case the maximum
Offenders or accused who have undergone penalty to which the accused may be sentenced
preventive imprisonment shall be credited in is lestierro, he shall be released after thirty (30)
the service of their sentence consisting of days of preventive imprisonment."
deprivation of liberty, with the full time during
which they have undergone preventive
imprisonment if the detention prisoner agrees
voluntarily in writing after being informed of the
effects thereof and with the assistance of
counsel to abide by the same disciplinary rules
imposed upon convicted prisoners, except in
the following cases:

"1. When they are recidivists, or have been

convicted previously twice or more times of any
crime; and

"2. 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 do so in
writing with the assistance of a counsel and
shall be credited in the service of his sentence
with four-fifths of the time during which he has
undergone preventive imprisonment.

"Credit for preventive imprisonment for the

penalty of reclusion perpetua shall be deducted
from thirty (30) years.1âwphi1

"Whenever an accused has undergone

preventive imprisonment for a period equal to
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. Computation of preventive
imprisonment for purposes of immediate
release under this paragraph shall be the actual
period of detention with good conduct time
allowance: Provided, however, That if the
accused is absent without justifiable cause at

6
• __

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.

---------------------------------------------------------

EFFECTS
of the penalties

perpetual or temporary absolute

DISQUALIFICATION

-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:
- (1) right to vote in any election for
any popular office
- (2) or to be elected to such office.

- RULE: temporary disqualification:

Section Two. - Effects of the penalties shall last during the term of the
according to their respective nature sentence.
- 3. The disqualification for
Article 30. Effects of the penalties of perpetual or - the offices or
temporary absolute disqualification. - The - public employments
penalties of perpetual or temporary absolute
disqualification for public office shall produce the - and for the exercise of any of the
following effects: rights mentioned.

1. The deprivation of the public offices and - RULE: temporary disqualification:

employments which the offender may have held shall last during the term of the
even if conferred by popular election. sentence.

2. The deprivation of the right to vote in any - 4. The loss of all rights to:
election for any popular office or to be elected to - retirement pay
such office. - or other pension

3. The disqualification for the offices or public - for any office formerly held.
employments and for the exercise of any of the
rights mentioned. DURATIONS:
1. Perpetual absolute disqualification

7
• __
- is effective during the lifetime of the
convict and
- even after the service of the sentence.
2. Temporary absolute disqualification
- lasts during the term of the sentence
except (1) deprivation of the public office
or employment;
- and (2) loss of all rights to retirement pay
or other pension for any office formerly
held. (See Art. 30, par. 3).
EXCUSIONS:
1. Plebiscite
- is not mentioned or contemplated in the
deprivation of the right to vote;
- hence, the offender may vote in that
exercise, subject to the provisions of
pertinent election laws at the time.
---------------------------------------------------------
Article 31. Effect of the penalties of perpetual or
temporary special disqualification. - The penalties
of perpetual or temporal special 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.
---------------------------------------------------------
EFFECTS
of the penalties
Perpetual or Temporary
SPECIAL DISQUALIFICATION
- EFFECT: For public office, profession or calling
- 1. Deprivation of
- the office, employment, profession or calling
affected;
- 2. Disqualification for holding
- similar offices or employments
- during the period of disqualification.
- EFFECT: For the exercise of right to suffrage
- NOTE: [accessory penalty] [imposed for PROTECTION]
- The penalty for disqualification if imposed as an
accessory penalty is imposed for PROTECTION and NOT
for the withholding of a privilege.
- The manifest purpose of the restrictions upon the right
of suffrage or to hold office is to preserve the purity of
elections.
- The presumption is that one rendered infamous by
conviction of felony, or other base offenses indicative
of moral turpitude, is unfit to exercise the privilege of
suffrage or to hold office.
- (People vs. Corral, 62 Phil. 945, 948)
- DURATION: HOW LONG
- either perpetually
- or during the term of the sentence
according to the extent of such
disqualification.
- If temporary disqualification or suspension is
imposed as an accessory penalty,
- the duration is the same as that of the
principal penalty
What suspension from exercise of profession covers.
Suspension, which deprives the offender of the right of exercising:
- any kind of profession or calling, covers
- such calling or trade as for instance that of broker, master
plumber, etc.
---------------------------------------------------------
Article 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.
---------------------------------------------------------
EFFECTS
of the penalties
Perpetual or Temporary
8
• __
SPECIAL DISQUALIFICATION
for the exercise the right of suffrage
- EFFECTS
- a. Deprivation of the right to vote
- or to be elected to any public office.
- EFFECTS
- b. Cannot hold any public office during the period of
disqualification. (Art. 32)
- RULE:perpetually or during the term of the
sentence, according to the nature of said penalty,
- The word "perpetually" and the phrase "during the term
of the sentence" should be applied distributively to
their respective antecedents;
- thus, the word "perpetually" refers to
- the perpetual kind of special disqualification,
- while the phrase "during the term of the sentence"
refers
- to the temporary special disqualification.
- The duration between the perpetual and the
temporary (both special) are necessarily different
- because the provision, instead of merging
their durations into one period, states that
such duration is "according to the nature of
said penalty"
- — which means according to whether the
penalty is the perpetual or the temporary
special disqualification. (Lacuna vs. Abes,
supra, at 784)
---------------------------------------------------------
Article 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.
---------------------------------------------------------
EFFECTS
of the penalties
SUSPENSION
from any public office, profession or calling
or
the right of suffrage
- EFFECTS
- 1. Disqualification from holding
- such office
- or the exercise of such profession
- or right of suffrage
- DURATION: during the term of the sentence;
- EFFECTS
- 2. Cannot hold another office having similar functions
during the period of suspension. (Art. 32).
---------------------------------------------------------
What suspension from exercise of profession covers.
Suspension, which deprives the offender of the right of exercising:
- any kind of profession or calling, covers
- such calling or trade as for instance that of broker, master
plumber, etc.
Article 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.
---------------------------------------------------------
EFFECTS
of the penalties
CIVIL INTERDICTION
- EFFECTS
- a. Deprivation of the rights of parental authority or
guardianship of any ward.
9
• __
- EFFECTS
- b. Deprivation of marital authority.
- EFFECTS
- c. Deprivation 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. 34)
- EXCEPTIONS: Note: But he can dispose of such
property by will or donation mortis causa.
---------------------------------------------------------
Article 35. Effects of bond to keep the peace. - It
shall be the duty of any person sentenced to give
bond to keep the peace, to present two sufficient
sureties who shall undertake that such person
will not commit the offense sought to be
prevented, and that in case such offense be
committed they will pay the amount determined
by the court in the judgment, or otherwise to
deposit such amount in the office of the clerk of
the court to guarantee said undertaking.
The court shall determine, according to its
discretion, the period of duration of the bond.
Should the person sentenced fail to give the bond
as required he shall be detained for a period
which shall in no case exceed six months, is he
shall have been prosecuted for a grave or less
grave felony, and shall not exceed thirty days, if
for a light felony.
---------------------------------------------------------
EFFECTS
of the penalties
BOND TO KEEP THE PEACE
- EFFECTS
- a. The offender must present two sufficient sureties who
shall undertake that the offender will not commit the
offense sought to be prevented, and that in case such
offense be committed they will pay the amount
determined by the court; or
- EFFECTS
- b. The offender must deposit such amount with the
clerk of court to guarantee said undertaking; or
- EFFECTS
- c. The offender may be detained, if he cannot give the
bond,
- for a period not to exceed 6 months if
prosecuted for grave or less grave felony,
- or for a period not to exceed 30 days, if for a
light felony. (Art. 35)
- NOTE
- Note: Bond to keep the peace is different from bail
bond
- BAIL BOND: posted for the provisional release
of a person arrested for or accused of a
crime.
- (me:) ???There is no felony imposed a felony of bond
to keep the peace??? Thus, it cannot be imposed by
the court.
---------------------------------------------------------
Article 36. Pardon; its effect. - A pardon shall not
work the restoration of the right to hold public
office, or the right of suffrage, unless:
- EXCEPTION: such rights be expressly
restored by the terms of the pardon.
A pardon shall in no case exempt the culprit from
the payment of the civil indemnity imposed upon
him by the sentence.
---------------------------------------------------------
EFFECTS
PARDON
- EFFECTS
- 1. A pardon shall not restore
10
• __

unless such right be expressly restored by the terms of

- the right to hold public office
- or the right of suffrage.
- EXCEPTION: When any or both such rights is or
are expressly restored by the terms of the
pardon.
- EFFECTS
- 2. It shall not exempt the culprit from the payment of
the civil indemnity.
- NO EXCEPTION: The pardon cannot make an
exception to this rule.
- RULE: Limitations upon the exercise of the pardoning power:
- 1. That the power can be exercised only after
conviction;
- 2. That such power does not extend to cases of
impeachment. (Cristobal vs. Labrador, 71 Phil. 34, 38)
the pardon.
- Exception: When an absolute pardon is
granted after the term of imprisonment has
expired, it removes all that is left of the
consequences of conviction. (Cristobal vs.
Labrador, supra)
- so kung naubos na lahat ng principal penalty,
then mapapardon nadin ang accessory
penalty?
- RULE: [Pardon after serving 30 years for life imprisonment does
not remove perpetual absolute disqualification.]
- Suppose a pardon is granted upon a convict
undergoing life imprisonment after serving 30 years. Is
the convict likewise pardoned from the penalty of
perpetual absolute disqualification which is an
accessory to life imprisonment?
Pardon by the Chief pardon by the offended
Executive party

- RULE: Pardon may be granted only "after conviction by final

Pardon by the Chief such is not the case when the
judgment."
Executive extinguishes the pardon is given by the
- The "conviction by final judgment" limitation under
criminal liability of the offended party.
Section 19, Article VII of the present Constitution
offender;
prohibits the grant of pardon, whether full or
conditional, to an accused during the pendency of his
Pardon by the Chief but the offended party can
appeal from his conviction by the trial court. Any
Executive cannot include waive the civil liability which
application therefor, if one is made, should not be
civil liability which the the offender must pay.
acted upon nor the process toward its grant be
offender must pay; [cannot
commenced unless the appeal is withdrawn.(People
waive civil liability?]
vs. Salle, Jr., 250 SCRA 592)

whereas, pardon by the In cases where the law allows

- RULE: [must require proof from the accused] [withdrawn his
Chief Executive is granted pardon by the offended
appeal. ]
only after conviction and party (Art. 344), the pardon
- Accordingly, the agencies or instrumentalities of the
may be extended to any of should be given before the
Government concerned must require proof from the
the offenders. institution of criminal
accused that he has not appealed from his conviction
prosecution and must be
or that he has withdrawn his appeal. Such proof may
extended to both offenders;
be in the form of a certification issued by the trial court
or the appellate court, as the case may be. (People vs. ---------------------------------------------------------
Salle, Jr., 250 SCRA 592)

- RULE: [RELEASE OF AN ACCUSE, BEFORE THE WITHDRAWAL OF

THE APPEAL] [RENDER THOSE RESPONSIBLE: ADMINISTRATIVELY
LIABLE]
- The acceptance of the pardon shall not operate as an
abandonment or waiver of the appeal, and the
release of an accused by virtue of a pardon,
commutation of sentence, or parole before the
withdrawal of an appeal shall render those responsible
therefor administratively liable. (People vs. Salle, Jr., 250
SCRA 592) Article 37. Cost; What are included. - Costs shall
include fees and indemnities in the course of the
- RULE: [ACCESSORY PENALTY IS NOT EXTINGUISHED]
- When the principal penalty is remitted by pardon, only judicial proceedings, whether they be fixed or
the effect of that principal penalty is extinguished, but unalterable amounts previously determined by
not the accessory penalties attached to it. law or regulations in force, or amounts not
- For instance, a person sentenced to prision mayor
subject to schedule.
(which carries with it the accessory penalty of
perpetual special disqualification from the right of ---------------------------------------------------------
suffrage) is pardoned by the President. Such pardon COSTS
does not restore to the ex-convict the right to vote,

11
• __

WHAT ARE INCLUDED 2. Indemnification of consequential damages.

- RULE: In cases of conviction: CHARGEABLE TO THE ACCUSED 3. The fine.

- Costs which are expenses of litigation are chargeable
to the accused only in cases of conviction. 4. The cost of the proceedings.
---------------------------------------------------------
- RULE: In cases of acquittal: Costs are de officio
- In case of acquittal, the costs are de oficio, each party PECUNIARY LIABILITIES
bearing his own expenses.

ORDER OF PAYMENT
- RULE: NO COSTS AGAINST THE REPUBLIC
- No costs shall be allowed against the Republic of the
- In cas e tthe property of the offender should not be sufficient for
Philippines, unless otherwise provided by law. (Sec. 1,
the payment of all his pecuniary liabilities, the same shall be met
Rule 142, Rules of Court)
in the following order :
- 1 . The preparation of the damage caused.
- RULE: PAYMENT OF COSTS: DISCRETION OF COURTS
- 2 . Indemnification Of the consequential damages.
- The payment of costs is a matter that rests entirely
- 3. The fine.
upon the discretion of courts.
- 4 . The costs of the proceedings.
- Appeal will hardly lie to interfere with the discretion.
(Roque vs. Vda. de Cogan, 40 O.G., 10th Supp., 35;
- What are the pecuniary liabilities of persons criminally liable?
BacolodMurcia Planters' Assn., Inc. vs. Chua, 84 Phil.
- 1 . The preparation of the damage caused.
596, 599)
- 2 . Indemnification Of the consequential damages.
- 3. The fine.
- RULE: W/N COST TO ACCUSED: DISCRETION OF COURTS
- 4 . The costs of the proceedings.
- Whether costs should be assessed against the accused
lie within the discretion of the court.
- RULE: Courts cannot disregard the order of payment.
- The Government may request the court to assess costs
- When respondent judge permitted the accused to pay
against the accused, but not as a right.
the r*500.00 fine ahead and postponed the payment
of the indemnity of r*l,900.00 to some other date, he
- RULE: No attorney's fees shall be taxed as cost against the
obviously deviated from the express mandates of the
adverse party. (Sec. 6, Rule 142, Rules of Court)
law. Indemnity is No. 2 and fine is No. 3 in the order of
--------------------------------------------------------- payment. What was done was exactly the opposite of
what the law ordained. What the court should have
done was to commit the accused to jail for a period
not exceeding six months (Art. 39, par. 2) upon the
nonpayment on the date scheduled for its execution
of the indemnity imposed by the sentence. (Domalaon
vs. Yap, C.A., 59 O.G. 6675)

- RULE: [may be enforced against the partnerhsip assets] [after

the responsibilities enumerated in Article 161 of the Civil Code
have been covered,]
- Fines and indemnities imposed upon either husband or
wife may be enforced against the partnership assets
- after the responsibilities enumerated in Article 161 of
the Civil Code have been covered, if the spouse who is
bound should have no exclusive property or if it should
be insufficient, which presupposes that the conjugal
partnership is still existing. (People vs. Lagrimas, No. L-
25355, Aug. 28, 1969, 29 SCRA 153, 158)
---------------------------------------------------------

Article 38. Pecuniary liabilities; Order of payment.

- In case the property of the offender should not
be sufficient for the payment of all his pecuniary
Article 39. Subsidiary penalty. - If the convict has
liabilities, the same shall be met in the following
no property with which to meet the fine
order:
mentioned in the paragraph 3 of the nest
1. The reparation of the damage caused. preceding article, he shall be subject to a
subsidiary personal liability at the rate of one day

12
• __
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).
REPUBLIC ACT NO. 10159 April 10, 2012
AN ACT AMENDING ARTICLE 39 OF ACT NO.
3815, AS AMENDED, OTHERWISE KNOWN AS
THE REVISED PENAL CODE
Section 1. Article 39 of Act No. 3815, as
amended, is hereby further amended to read as
follows:
"Art. 39. Subsidiary Penalty. – If the convict has
no property with which to meet the fine
mentioned in paragraph 3 of the next preceding
article, he shall be subject to a subsidiary
personal liability at the rate of one day for each
- DEFINITION
amount equivalent to the highest minimum
wage rate prevailing in the Philippines at the
time of the rendition of judgment of conviction
by the trial court, subject to the following rules:
"1. If the principal penalty imposed be prision
correctional or arresto and fine, he shall remain
under confinement until his fine referred 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 penalty imposed is
higher than prision correctional, 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 Republic Act No.
5465, which lapsed into law on April 21, 1969.)
---------------------------------------------------------
SUBSIDIARY PENALTY
Article 39
13
• __
- It is a subsidiary personal liability to be suffered by the
convict who has no property with which to meet the
fine, at the rate of one day for each eight pesos,
subject to the rules provided for in Article 39.
- SPANISH CONTEXT RULE: “ principal penalty” REMOVE:
principal
- The word "principal" should be omitted. The word
"principal" referring to the penalty imposed is not the
correct translation. The words used in Spanish "cuando
la pena impuesta" (when the penalty imposed) should
be controlling. (People vs. Concepcion, 59 Phil. 518,
522)
- RULE: It is settled rule that subsidiary imprisonment, like
accessory penalties, is not essential in the determination of the
criminal jurisdiction of a court. (People vs. Caldito, supra, at 267)
- The decision need not state that there should not be
any subsidiary imprisonment when the law forbids it.
- Counsel for appellee submits that, "In view of the
principal penalty imposed, the decision should state
that there should not be any subsidiary imprisonment in
case of insolvency."
- The recommendation is not well taken because Article
39, No. 3, Revised Penal Code provides that when the
principal penalty is higher than prision correccional, no
subsidiary imprisonment in case of insolvency shall be
imposed. Hence, it is not necessary for the decision to
state what the law expressly forbids.
- We are aware of the practice of courts in making such
statement although unnecessary and find nothing
wrottg in the superfluity. However, a judgment which
does not include said pronouncement is in
accordance with law. (People vs. Rivera, 1 C.A Rep.
38)
- RULE: UNCONSTITUTIONAL? Subsidiary imprisonment is not
imprisonment for debt. [Penal penalty should not be considered
as debt?]
- The laws which prohibit imprisonment for debt relate to
the imprisonment of debtors for liability incurred in the
fulfillment of contracts,
- but not to the cases seeking the enforcement of penal
statutes that provide for the payment of money as a
penalty for the commission of crime. (U.S. vs. Cara, 41
Phil. 828, 834-837)
- RULE: Subsidiary imprisonment is not an accessory penalty.
THUS: Judgement MUST EXPRESSLY PROVIDE it.
- for according to Article 39, it is imposed upon the
accused and served by him in lieu of the fine which he
fails to pay on account of insolvency.
- Therefore, the culprit cannot be made to undergo
subsidiary imprisonment unless the judgment expressly
so provides. (People vs. Fajardo, 65 Phil. 539, 542)
RULE: The penalty imposed must ONLY be
- (1) prision correccional,
- (2) arresto mayor,
- (3) arresto menor,
- (4) suspension,
- (5) destierro, or
- (6) fine only.
- Will there be subsidiary imprisonment if the penalty
imposed is 6 years and 1 day? NO.
- Six years and one day is prision mayor. Will
there be subsidiary imprisonment if the
penalty imposed is 6 years and 1 day? No,
because when one day is added to 6 years, it
raises the prison sentence from prision
correccional to prision mayor; hence, no
subsidiary imprisonment. (Rosares vs. Director
of Prisons, 85 Phil. 730, 731)
- [HABITUAL DELINQUENTS?]
- Even if the penalty imposed is not higher than
prision correccional, if the accused is a
habitual delinquent who deserves an
additional penalty of 12 years and 1 day of
reclusion temporal, there is no subsidiary
imprisonment. (People vs. Concepcion, 59
Phil. 518, 522)
- RULE: WHAT TO COUNT? Penalty provided by this code? or the
PENALTY imposed by court
- it is the penalty actually imposed by the
Court, not the penalty provided for by the
Code.
- even if the penalty provided for by the Code
for the crime is prision mayor but there are
two mitigating circumstances without any
aggravating circumstance (Art. 64, par. 5),
and the court imposes 2 years, 11 months and
11 days of prision correccional, subsidiary
penalty may be imposed for nonpayment of
the fine.
- RULE: ONLY APPLICABLE WHEN: convict has no property
to meet the fine
- RULE: convicthas no property, ALTERNATIVE:
- subsidiary personal liability at the rate of
one day for each amount equivalent to the
highest minimum wage rate prevailing in
the Philippines
- RULE: WHEN?
- time of the rendition of judgment of
conviction by the trial court,
- RULE: SUBJECT TO THE FOLLOWING RULES: [prision correctional or
arresto and fine]
- 1. If the penalty imposed be prision
correctional or arresto and fine,
- he shall remain under confinement
until his fine referred 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,
14
• __
- and no fraction or part of a
day shall be counted
against the prisoner.
- PARAGRAPH 1 RULE: (Applicable only when the penalty
imposed is imprisonment not exceeding 6 years):
- PARAGRAPH 1 RULE: The subsidiary imprisonment not to
exceed one-third of the penalty imposed and not to
exceed one year.
- PARAGRAPH 1 RULE: No subsidiary imprisonment if the
indemnity is less than P8.00/[to the highest minimum
wage rate].
EXAMPLE: A is convicted of falsification by private individual (Art.
172) and sentenced to 4 years, 9 months and 10 days of prision
correccional, as the maximum term of the indeterminate
penalty, and to pay a fine of f*4,000.00.
- RULE: SUBJECT TO THE FOLLOWING RULES:
- 2. When the penalty imposed be only a
fine,
- if the culprit shall have been
prosecuted for a grave or less
grave felony,
- the subsidiary
imprisonment shall not
exceed six(6) months,
- if for a light felony.
- shall not exceed fifteen(15)
days,
- RULE: SUBJECT TO THE FOLLOWING RULES:
- 3. When the penalty imposed is higher
than prision correctional,
- no subsidiary imprisonment shall
be imposed upon the culprit.
- RULE: SUBJECT TO THE FOLLOWING RULES:
- 4. If the 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.
- RULE [E.G. on Suspension of public office]
- Under Art. 236, the penalty of suspension and
fine from f*200 to P500 shall be imposed upon
any person who shall assume the
performance of the duties and powers of any
public office without first being sworn in or
having given bond required by law. Such
suspension shall last until he shall have
complied with the formalities. If he cannot
pay the fine, although he already complied
with the formalities required by said Art. 236,
his suspension shall continue until the amount
of the fine is covered at the rate of one day
suspension for every P8.00.
- RULE: clause: [“"shall continue to suffer the same
deprivations as those of which the principal penalty
consists."] [meaning: principal penalty will also be the
subsidiary penalty]
- If the penalty imposed is imprisonment, the
subsidiary penalty must be imprisonment also.
- If the penalty imposed is destierro, the
subsidiary penalty must be destierro also.
- If the penalty imposed is suspension, the
subsidiary penalty must be suspension also.
- RULE: SUBJECT TO THE FOLLOWING RULES:
- 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.
- RULE: No subsidiary penalty for nonpayment of other pecuniary
liabilities. [AS AMENDED BY RA 5465? favorable to accused]
- As Article 39 is now worded, there is no subsidiary
penalty for nonpayment of:
- (1) the reparation of the damage caused,
- (2) indemnification of the consequential
damages, and
- (3) the costs of the proceedings. (See Ramos
vs. Gonong, supra, at 566)
- RULE: Retroactive application of RA 5465.
- In that it eliminated the pecuniary liabilities of the
accused, other than fine, in Article 39 of the Revised
Penal Code, Rep. Act 5465 is favorable to the
accused. It has retroactive application. (Buiser vs
People, No. L-32377, Oct. 23,1982,117 SCRA 750, 752,
citing People vs. Doria, 55 SCRA 435)
15
• __

citing People vs. Moreno, 60 Phil. 712 and People vs.

No subsidiary penalty in the following cases:
1. When the penalty imposed is higher than prision
correccional. (Par. 3, Art. 39; People vs. Bati, G.R. No. 87429,
Aug. 27,1990,18 9 SCRA 97,106; People vs. Domingo, G.R. No.
82375, April 18,1990,18 4 SCRA 409,415; Humilde vs. Pablo,
Adm. Matter No. 604-CFI, Feb. 20,1981,102 SCRA 731, 732)
Arnault, 92 Phil. 252)
- EXCEPTION RULE [SPECIAL LAWS]: TAX CODE: No subsidiary
imprisonment for nonpayment of income tax.
- As the Internal Revenue Code fails to provide for the
collection of the income tax in criminal proceedings,
conviction for failure or neglect to pay such tax does

2. OTHER PECUNIARY LIABILITIES: not include payment of indemnity to the State in the
- For failure to pay the reparation of the damage amount of the tax not paid, nor can subsidiary
caused, imprisonment be imposed in case of insolvency.
- indemnification of the consequential damages, and (People vs. Arnault, 92 Phil. 252, 262)
- the costs of the proceedings.

- EXCEPTION RULE [SPECIAL LAWS]: TAX CODE: in case of

3. When the penalty imposed is fine and a penalty:
insolvency, no subsidiary imprisonment can be imposed.
- not to be executed by confinement in a penal
institution - Since the Tax Code does not provide for the imposition
- and which has no fixed duration. of a subsidiary penalty in case of insolvency, no
subsidiary imprisonment can be imposed.
- Where the defendant is charged with having failed to
- RULE [SPECIAL LAWS]: Act No. 1732 is the guide
pay on or before May 15 or August 15 of certain years
- The provisions of Act No. 1732 are applicable to
his taxes, as required by paragraphs (b) and (c),
offenses made punishable by acts of the Philippine
Section 51 of the Tax Code, the provision of law relative
Legislature. (U.S. vs. Esteban, 42 Phil. 1, 2)
to the imposition of subsidiary imprisonment in case of
- Act No. 1732 of the Philippine Commission provides for
insolvency is Section 353 of the Tax Code. The
the rules in case the court shall impose a fine as the
subsidiary penalty provided in said section refers only to
whole or as a part of the punishment for any criminal
non-payment of the fine and not of the taxes due. In
offense made punishable by any special law.
other words, while the appealed decision is correct as
regards the imposition of the subsidiary imprisonment in
Act No. 1732 RULES case of failure to pay the fine, the same is erroneous
with respect to the imposition of such subsidiary
1. When the court merely imposes a fine, the subsidiary liability penalty for nonpayment of taxes due. (People vs.
shall not exceed 6 months, at the rate of one day of Balagtas, 105 Phil. 1362-1363 [Unrep.]) No subsidiary
imprisonment for every P2.50. imprisonment for nonpayment of income tax.
---------------------------------------------------------
2. In case both fine and imprisonment are imposed, the
subsidiary liability shall not exceed 1/3 of the term of
imprisonment, and in no case shall it exceed 1 year.

3. In case the imprisonment is for more than 6 years in addition

to a fine, there shall be no subsidiary imprisonment.

4. When a fine is imposed for violation of any municipal

ordinance or ordinances of the City of Manila, the rate is one
day for every PI.00, until the fine is satisfied, provided that the
total subsidiary imprisonment does not exceed months, if the
penalty imposed is fine alone; and not more than 1/3 of the
principal penalty, if it is imposed together with imprisonment

- GENERAL RULE [SPECIAL LAWS]: LIABLE

- Persons convicted of violation of special laws are liable
to subsidiary imprisonment in case of insolvency in the
payment of indemnity,
- except where the indemnity consists in unpaid internal
revenue tax. (People vs. Domalaon, C.A., 56 O.G. 5072,

16
• __

Section Three. - Penalties in which other

accessory penalties are inherent

Article 40. Death; Its accessory penalties. - The

death penalty, when it is not executed by reason
of commutation or pardon shall carry with it that
of perpetual absolute disqualification and that of
civil interdiction during thirty years following the
date sentence, unless such accessory penalties
have been expressly remitted in the pardon.

Article 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.

17
• __
Article 42. Prision mayor; Its accessory 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.
Article 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.
Article 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.
---------------------------------------------------------
Penalties in which other accessory penalties are
inherent
- Death; Its accessory penalties.
- (1) perpetual absolute disqualification; and
- (2) civil interdiction for 30 years, if not expressly remitted
in the pardon.
- NOTE: It is only when the death penalty is not executed
by reason of commutation or pardon that the
accessory penalty provided for in Art. 40 shall be
suffered by the convic
- Reclusion perpetua and reclusion temporal;
Their accessory penalties.
- (1) civil interdiction for life or during the sentence; and
- (2) perpetual absolute disqualification, unless expressly
remitted in the pardon of the principal penalty.
- Prision mayor; Its accessory penalties.
- (1) temporary absolute disqualification; and
- (2) perpetual special disqualification from suffrage,
unless expressly remitted in the pardon of the principal
penalty.
- Prision correccional; Its accessory penalties.
- (1) suspension from public office, profession or calling,
and
- (2) perpetual special disqualification from suffrage, if
the duration of imprisonment exceeds 18 months,
unless expressly remitted in the pardon of the principal
penalty.
- Arresto; Its accessory penalties.
- suspension of the right to hold office and the right of
suffrage during the term of the sentence.
- Destierro has no accessory penalty.
- RULE: ACCESSORY PENALTY NEED NOT EXPRESSLY
IMPOSED
- Accessory penalties need not be expressly imposed;
they are deemed imposed.
- Article 73 provides that whenever the courts shall
impose a penalty which, by provision of law, carries
with it other penalties, according to the provisions of
Articles 40, 41, 42, 43, 44, and 45 of this Code, it must be
understood that the accessory penalties are also
imposed upon the convict.
- RULE: ACCESSORY PENALTY MUST BE EXPRESSLY
REMITTED IN PARDON
- The accessory penalties mentioned in Articles 40 to 43
must be suffered by the offender, although pardoned
as to the principal penalties.
- To be relieved of the accessory penalties, the same
must be expressly remitted in the pardon.
- RULE: Accessory penalties do not determine jurisdiction.
PRINCIPAL PENALTY DECIDES JURISDICTION.
- FACTS: The accused was charged with estafa, and was
sentenced to arresto mayor with the accessory penalty
of suspension from public office and the right of
suffrage during the term of his sentence
- by the justice of the peace court.
- ISSUE: The accused raised the question of jurisdiction of
the justice of the peace court.
- HELD: The justice of the peace court has jurisdiction.
- The accessory penalties do not affect the
jurisdiction of the court in which the
information is filed, because they do not
modify, or alter the nature of the penalty
provided by the law.
- What determines jurisdiction in criminal cases
is the extent of the principal penalty which
the law imposes for the crime charged in the
information or complaint. (People vs. Fajardo,
supra; People vs. Caldito, supra)
---------------------------------------------------------
Article 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 was committed.
Such proceeds and instruments or tools shall be
confiscated and forfeited in favor of the
18
• __
Government, unless they be property of a third
person not liable for the offense, but those
articles which are not subject of lawful commerce
shall be destroyed.
---------------------------------------------------------
[me: ADDITIONAL PENALTY OF?]
forfeiture of the proceeds or instruments of the
crime
- Outline of the provision of this article.
- 1. Every penalty imposed carries with it the forfeiture of
the proceeds of the crime and the instruments or tools
used in the commission 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
was committed.
- 2. The proceeds and instruments or tools of the crime
are confiscated and forfeited in favor of the
Government.
- Such proceeds and instruments or
tools shall be confiscated and
forfeited in favor of the
Government
- 3. Property of a third person not liable for the offense, is
not subject to confiscation and forfeiture.
- unless they be property of a third
person not liable for the offense
- 4. Property not subject of lawful commerce (whether it
belongs to the accused or to third person) shall be
destroyed.
- but those articles which are not
subject of lawful commerce shall
be destroyed.
- RULE: No forfeiture where there is no criminal case.
- Where the slot machines were seized under a search
warrant and there is no criminal case as yet against
their operator for violation of the gambling law, and
there is only a civil case brought by the operator to
enjoin the municipal officials from banning the
operation of the slot machines, the court cannot order
the destruction of the machines as not subject of lawful
commerce. (Philips vs. Municipal Mayor, 105 Phil. 1344
[Unrep.], No. L-9183, May 30, 1959)
- The ruling is based on the phrase " Every penalty
imposed."
- A penalty cannot be imposed unless there is
a criminal case filed, the case is tried, and the
accused is convicted.
- RULE: Courts cannot order the confiscation of property
belonging to a third person if the latter is not indicted.
- Under Article 45 of the Revised Penal Code, which
authorizes the confiscation and forfeiture of the
proceeds of the crime and the instruments or tools with
which it was committed except when they are "the
property of a third person not liable for the offense,"
- the court cannot order the forfeiture of goods the
owner of which is not indicted although there is
sufficient ground to hold him guilty of the acts for which
the accused has been convicted. (People vs.
Delgado, C.A., 64 O.G. 785)
- RULE: The person who owns the money used in the commission
of the crime has a right to intervene in the proceeding in the
court having jurisdiction of the offense for the purpose of
determining his rights in the premises.
- Held: Where the money used to bribe a customs official
to permit the illegal importation of opium belongs to an
innocent third party, it should not be confiscated. The
person who owns the money used in the commission of
the crime has a right to intervene in the proceeding in
the court having jurisdiction of the offense for the
purpose of determining his rights in the premises. U.S. vs.
Bruhez (28 Phil. 305)
- RULE: PROPERTY MUST BE SUBMITTED AS EVIDENCE IN COURT [FOR
IT TO BE COVERED BY THIS ARTICLE?]
- Confiscation can be ordered only if the property is
submitted in evidence or placed at the disposal of the
court.
- Held: Where it appears that in a prosecution for
violation of the Gambling Law, the automobile as well
as the money used in committing such violation was
not in the possession of the court, or of any of the
parties to the action, the court has no jurisdiction to
order the confiscation of the property.
- RULE: Forfeiture to the government is final. Even if the accused is
acquitted.
- Articles which are forfeited, when the order of forfeiture
is already final, cannot be returned even in case of an
acquittal.
- Held: The respondent judge erred in ordering the
release of the dutiable articles, because said articles
already ceased to belong to the crew member, as
they had been forfeited to the Government.
- RULE: Confiscation and forfeiture are ADDITIONAL penalties.
Meaning it is not automatically or deemed imposed. [IT MUST BE
EXPRESSLY IMPOSED?]
- RULE: Once the decision has already been final and it is not
imposed, it cannot be appealed to be imposed anymore.
- After several defendants had pleaded guilty to a
charge of gambling, the court sentenced each of
them to pay a fine. Immediately after the sentence
was read to them, they paid the fine. Subsequently,
the fiscal discovered that a certain sum of money used
by the defendants in gambling had not been ordered
confiscated. He moved the court to modify the
judgment by issuing an order confiscating the money.
Can the court properly issue such order? No, because
the confiscation of the money is an additional penalty
and as the sentence has become final, the court
cannot modify, alter or change that sentence. (U.S. vs.
Hart, 24 Phil. 578, 581-582)
- This Court has held in People vs. Alejandro Paety
Velasco, 100 Phil. 357, that where the penalty imposed
did not include the confiscation of the dollars involved,
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the confiscation or forfeiture of the said dollars as is

sought in the Government's appeal, would be an
additional penalty and would amount to an increase
of the penalty already imposed, thereby placing the
accused in double jeopardy. And under Rule 118 (now
Rule 122), Section 2, of the Rules of Court, the
Government cannot appeal in a criminal case if the
defendant would be placed thereby in double
jeopardy. (People vs. Sanchez, 101 Phil. 745, 747-748)

- RULE: IF NOT IMPOSED BY THE TRIAL COURT, CAN STILL BE

IMPOSED BY THE APPELATE COURT.
- When the accused has appealed, confiscation and
forfeiture not ordered by the trial court, may be
imposed by the appellate court.

- OPEN QUESTION for future jurisprudence: Forfeiture and

confiscation of instruments and proceeds of the offense are
accessory penalties. Are they not deemed imposed?
- After several defendants had pleaded guilty to a
charge of gambling, the court sentenced each of
them to pay a fine. Immediately after the sentence
was read to them, they paid the fine. Subsequently,
the fiscal discovered that a certain sum of money used
by the defendants in gambling had not been ordered
confiscated. He moved the court to modify the
judgment by issuing an order confiscating the money.
Can the court properly issue such order? No, because
the confiscation of the money is an additional penalty
and as the sentence has become final, the court
cannot modify, alter or change that sentence. (U.S. vs.
Hart, 24 Phil. 578, 581-582)
- This Court has held in People vs. Alejandro Paety
Velasco, 100 Phil. 357, that where the penalty imposed
did not include the confiscation of the dollars involved,
the confiscation or forfeiture of the said dollars as is
sought in the Government's appeal, would be an
additional penalty and would amount to an increase
of the penalty already imposed, thereby placing the
accused in double jeopardy. And under Rule 118 (now
Rule 122), Section 2, of the Rules of Court, the
Government cannot appeal in a criminal case if the
defendant would be placed thereby in double
jeopardy. (People vs. Sanchez, 101 Phil. 745, 747-748)
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