CLASSIFICATION AS TO NATURE: PRINCIPAL PENALTIES

PENALTIES WHEN AND

COMMON TO HOW
THE PRINCIPAL PRESCRI PENALTIES
WHO ARE CLASSIFICATION PTION PRESCRIBE
PRINCIPAL PENALTIES PENALTIES: PENALTIES IN WHICH OTHER ACCCESSORY
CRIMINALLY OF FELONIES [Art DURATION [Art 27] OF [Art 92];
PENALTIES ARE INHERENT [Art 40-45]
[Art 25] 1. FINE and PENALTIES
LIABLE [Art 16] 9] CRIMES
2. bond to keep [Art 90] IMPOSED BY
FINAL
the peace [Art
JUDGMENT
25]
Principals Grave felonies
Accomplices are those to
Accessories which the law
attaches the
CAPITAL PUNISHMENT
capital
punishment or
penalties in which
in of their periods
are afflictive
When it is not executed by reason of commutation
or pardon shall carry with it that of perpetual
ABSOLUTE disqualification and that of civil
Death 20Y 20Y interdiction during 30y following the date of
sentence, UNLESS such accessory penalties have
been expressly remitted in the pardon [Art 40]

FINE is afflictive
when:
Whether imposed as
AFFLICTIVE PENALTIES a single or an
alternative penalty if
it EXCEEDS 1.2M

20y and 1d to 40y or 30y if

the accused had
undergone preventive
Reclusion perpetua imprisonment under Art
29
Reclusion temporal 12y and 1day to 20y
6y and 1day to 12y
Civil interdiction for life or during the period of the
sentence as the case may be, and
20Y 20Y
Perpetual ABSOLUTE disqualification which the
offender shall suffer even though pardoned as to
the principal penalty, UNLESS the same shall have
20Y 15Y been EXPRESSLY REMITTED in the pardon [Art 41]

Perpetual or temporary XPN: in case it was an

15Y 15Y
ABSOLUTE disqualification accessory penalty. Then
the duration is the of the
principal penalty
6y and 1day to 12y

Perpetual or temporary XPN: in case it was an

15Y 15Y
SPECIAL disqualification accessory penalty. Then
the duration is the of the
principal penalty
6y and 1day to 12y Temporary ABSOLUTE disqualification and

Perpetual SPECIAL disqualification

Prision mayor 15Y 15Y
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 [Art 42]
Principals Less grave FINE is
Accomplices felonies are those correctional
Accessories which the law when:
punishes with Whether
penalties which in CORRECTIONAL imposed as a
their maximum PENALTIES single or an
periods are alternative
correctional penalty if it
DOES NOT
exceed 1.2M
6months and 1day Suspension from public office from the right to
follow a profession or calling, and that of
to 6y perpetual special disqualification from the right of
suffrage, if the duration of said imprisonment shall
Prision correctional 10Y 10Y exceed 18months. The offender shall suffer the
disqualification provided in this article although
pardoned as to the principal penalty UNLESS the
same shall have been EXPRESSLY REMITTED in the
pardon. [Art 43]
1month and 1day Suspension of the right to hold office and the right
Arresto mayor
to 6 months 5Y 5Y of suffrage during the term of the sentence [ Art
44]
Suspension 6months and 1day 10Y 10Y
to 6y

XPN: in case it was an

accessory penalty. Then
 the duration is the of the
principal penalty
6 months and 1 day
Destierro 10Y 10Y
to 6y
Principals Light felonies are
Accomplices those infractions
of law of which
the penalty is Not exceeding
LIGHT PENALTIES
Arresto menor 40k
OR Fine not
exceeding 40k OR
BOTH
1 day to 30 days Suspension of the right to hold office and the right
2MONTH
Arresto menor
S
1Y of suffrage during the term of the sentence [Art
44]
Public Censure 1Y
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
Government unless they be the property of a third
person not liable for the offense, but those articles
which are not subject of lawful commerce shall be
destroyed. [Art 45]

 PRINCIPAL PENALTIES
Are those expressly imposed by the court in the judgment of conviction

 ACCESSORY PENALTIES
Are impliedly included in the imposition of the principal penalties

 ALTERNATIVE PENALTY of FINE or imprisonment

The court in sentencing the accused must choose between fine and imprisonment. The court cannot sentence the accused to suffer fine or imprisonment.
To do so, is to allow the accused to choose in serving the penalty between fine an imprisonment, which is a violation of the principle of non-delegation of
power. The court delegate the court the discretionary power to impose fine or imprisonment. The court cannot re-delegate such discretion to the accused
by sentencing him to suffer fine or imprisonment.

 TWO OR MORE ACCUSED COULD NOT BE SENTENCED TO PAY FINE JOINTLY AND SEVERALLY
Because of non-payment thereof by reason of insolvency, the subsidiary imprisonment could not be fixed. Subsidiary imprisonment is a penalty which
must be served only by the culprit who failed to pay it due to insolvency