LESSON MANUSCRIPT) 17th Week, Crim Law 1, Book I, RPC)

PROFESSOR: J/DIR. ROMEO L. OGOY, TLPE (Ret.)

Lesson Topic: Penalties in General, Title 3, Chapter 1, RPC, Book 1.

I. Prayer then Recapitulation of the previous topic of week 16 and entertain some clarificatory
questions.

II. General Principles on Penalties:

Based on the approved 2021 syllabus, Week 17 will cover the general discussions limited only to Basic
and Fundamental Principles on Penalties;

a. Correct Imposition of Penalty by the Court:

As a general principle, the Court should impose the correct penalties prescribed by law; otherwise, the
penalty imposed is invalid, and will not attain finality;

For example, in complex crime of Estafa through falsification of public document, the court should
impose the penalty of graver offense in the component of a Complex Crime Proper in its maximum
period, under Article 48, RPC;

Otherwise, the penalty imposed is invalid and decision will not reach finality. (De Castro vs. People, G.R.
No. 171672, February 2, 2015);

b. Prospectivity and Retroacttiviity of the law with respect to penalties:

As a rule, penal laws shall have no retroactive effect, unless the contrary is provided. (Article 4, Civil
Code);

No felony shall be punishable by any penalty not prescribed by law prior to its commission. (Article 21,
RPC);

The above both provisions of the laws describe and illustrate the Prospective concept of penal laws;

The retroactive application of penal laws is only a matter of exception and it is mandatory that the
penalty prescribed by the new law is favorable;

Otherwise giving retroactive effect of penalties unfavorable to the accused or offender will acquire the
character of an ex-post-facto law, prohibited by the 1987 Constitution, Section 22, Article III, Bill of
Rights;

Penal laws shall have a retroactive effect insofar as they favor the person guilty of a felony, who is not a
habitual criminal although at the time of the publication of such laws, a final sentence has been
pronounced and the convict is serving the same. (Article 22, RPC);

However, in decriminalization of law, it shall always be applied retroactively without condition of being
non-habitual delinquent. Decriminalization is always favorable and therefore it must be applied even if a
convict is already serving sentence, whether he is a habitual delinquent of his previous crime;

c. Measures of Prevention and Safety:

The following shall not be considered as penalties:

1) The arrest and temporary detention of the accused persons, as well as their detention
by reason of insanity or imbecility, or illness requiring their confinement in a hospital;

2) The commitment of the Minor or CICL to any of the institutions under R.A. No. 9344;

3) Suspension from employment or public office during the trial in order to institute
proceedings;

4) Fines and other corrective measures which, in the exercise of their administrative
disciplinary powers, superior officials may impose upon their subordinates;

5) Deprivation of rights and reparation which the civil law may establish in penal form.
(Article 24, RPC);

d. Prohibition of the imposition of Death Penalty (R.A. No. 9346):

The imposition of the penalty of death is prohibited (Section 1, R.A. No. 9346);

In lieu of the death penalty, the following shall be imposed:

1) The penalty of “Reclusion Perpetua”, when the law violated makes use of thee
nomenclature of the penalties of the RPC;

2) The penalty of life imprisonment, when the law violated does not make use of the
nomenclature of the penalties of the RPC. (Section 2, R.A. No. 9346);

Person convicted of an offense punished with Reclusion Perpetua, or whole sentences will be reduced to
Reclusion Perpetua from death penalty shall not be eligible for parole under the Indeterminate Sentence
Law. (Section 3, R.A. 9346);

e. Purpose of Penalties:

The purpose of prescribing penalty for the commission of the crime are:

1. Prevention – the State must punish the criminal to prevent or suppress the danger to
the State arising from the criminal acts of the offender;

2. Self-defense – the State has the right to punish the criminal as a measure of self-
defense so as to protect society from the threat or wrong inflicted by the criminal;

3. Reformation – the object of punishment in criminal cases is to correct and reform

offender;

4. Justice – the crime must be punished by the State as an act of retributive justice; a
vindication of absolute right and moral law violated by the criminal;

f. Classification of Penalties:

1. Classification pf Penalties in General:

Under Article 25, RPC, the penalties which may be imposed according this Code, and their different
classes, are those included in the following Scale:

1.PRINCIPAL PENALTIES:

Capital Punishment: Death

Afflictive Penalties: Reclusion Perpetua; Reclusion Temporal; Perpetual or Temporary Absolute

Disqualification; Perpetual or Temporary Special Disqualification; Prision Mayor;

Correctional Penalties: Prision Correccional; Arresto Mayor; Suspension; Diesterro;

Light Penalties: Arresto Menor; Pubic Censure;

PENALTIES COMMON TO THE THREE PRECEDING CLASSES:

Fine; and

Bond to keep the peace;

2. Accessory Penalty:

Perpetual or Temporary Absolute Disqualification;

Perpetual or Temporary Special Disqualification;

Suspension From Public Office, the Right to Vote and To Be Voted For, the Right to Follow a Profession
or Calling;

Civil Interdiction;

Indemnification;

Forfeiture or Confiscation of Instrument and Proceeds of the Offense;

Payment of Cost;

Hence, there are two penalties that the Court could legally impose (Article 25, RPC):

1) Principal; and

2) Accessory;

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;

The accused who, as Clerk of Court, was charged with infidelity in the custody of public documents, was
found not guilty of the charge but was reprimanded by the court in his capacity as clerk of court for
various acts not material to the issue, such as the misreading of a ballot and his acceptance of free meals
and transportation from litigants;

It was held that censure being a penalty is not proper for acquittal. (People vs. Meneses, G.R. No. L-
48446, February 26, 1943);
 g. Classification of Fine – Under Article 26, RPC, as amended by R.A. 10951, a Fine, whether
imposed as: Single penalty or Alternative penalty shall be considered an:

1) Afflictive penalty -- before amendment, if it exceeds P6,000; but after

amendment by R.A. No. 10951, if it exceeds P1,200,000;

2) Correctional penalty -- before amendment, if it does not exceed P6,000 but not
less than P200; but after amendment by R.A. No. 10961,
if it does not exceed P1,200,00 but is not less than
P40,000;

NOTE: Fine of exactly P40,000 is a Correctional Penalty;

3) Light penalty -- before amendment, if it be less than P200; but after

amendment by R.A. No. 10951, if it be less than
P40,000;

Fine may be a:

1) single penalty -- P40,000;

2) alternative penalty – P40,000 or arresto menor;

3) additional penalty -- P40,000 and arresto menor;

If the law prescribed 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 and imprisonment, which is a violation of the principle of
non-delegation of power;

The law delegates to 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 be sentence to pay fine jointly and severally because in case of non-
payment thereof by reason of insolvency, 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. (People vs. Lopez, O.G. 7824);

If Reckless Imprudence has resulted to damage to property in the amount of P10,000, the, maximum
Fine that the court can impose under Article 365, RPC, is P30,000;

Under Article 26, RPC as amended by R.A. No. 10951, this fine of P30,000 is a light penalty since the
amount does not exceed P40,000;

Hence, under Article 90, RPC, the period of prescription of this crime with a light penalty is two months.
Since R.A. No. 10951 is favorable to the accused for shortening the period of prescription, it must be
given a retroactive effect;
 h. Classification of felony – Under Article 9, RPC, as amended by R.A. No. 10951, felonies are
classified into: Grave; Less Grave; and Light Felonies;

1) Grave Felonies – are those which the law attaches the capital punishment or penalties
which in any of their periods are afflictive. (e.g. prision mayor; reclusion temporal; reclusion perpetua;
death, or fine exceeding P1,200,000);

2) Less Grave Felonies – are those which the law punishes with penalties which in their
maximum period are correctional. (e.g. arresto mayor, prision correctional; fine not less P40,000 but not
exceeding P1,200,000);

3) Light Felonies – are those infractions of law for the commission of which the penalty
of arresto menor or a fine not exceeding P40,000, or both is provided;

However, under Article 26, as amended by R.A. No. 10951, a Fine not less than P40,000 but not
exceeding P1,200,000 shall be considered a “correctional penalty”;

Hence, if the penalty of Fine for the crime committed is EXACTLY P40,000, the felony is classified as Light
Felony in accordance with Article 9, RPC, because the priscribed Fine is not exceeding P40,000;

While the penalty is “Correctional Penalty” in accordance with Article 26, RPC, because the fine is not
less than P40,000;

In sum, this is a “Light Felony”, which is punishable by a “correctional penalty”;

i. Graduated Scales of Penalty (Article 71, RPC):

Under Article 71, RPC, there are two “graduated scale of penalties”, to wit:

Scale No. 1:

1) Death;

2) Reclusion Perpetua;

3) Reclusion Temporal;

4) Prision Mayor;

5) Prision Correccional;

6) Arresto Mayor;

7) Destierro;

8) Arresto Menor;

9) Public Censure;

10) Fine;
Scale No. 2:

1) Pepetual or Temporary Absolute Disqualification;

2) Perpetual or Temporary Special Disqualification;

3) Suspension from public office, the right to vote and to be voted for; and the right to
follow a profession or calling;

4) Public Censure;

5) Fine;

The purpose of the graduated scale of penalties under Article 71, RPC, is to apply the “rules on
graduation”;

j. Scale of Penalties According to Their Severity (Article 70, RPC):

Under Article 70, RPC, the Scale of Penalties in accordance to their Severity is as follows:

1) Death;

2) Reclusion Perpetua;

3) Reclusion Temporal;

4) Prision Mayor;

5) Prision Correccional;

6) Arresto Mayor;

7) Arresto Menor;

8) Destierro;

9) Perpetual absolute disqualification;

10) Temporary absolute disqualification;

11) Suspension from public office, the right to vote and be voted for, the right to follow
profession or calling; and

12) Public Censure;

The purpose of the scales of penalties in accordance to their severity under Article 70, RPC, is to apply
the rule on “successive service of sentences;

Reclusion Perpetua and life imprisonment are not synonymous penalties. (People vs. Medina, G.R. Nos.
127756-58, June 18, 2003);

k. Reclusion Perpetua and life imprisonment are distinguished as follows:

 1) Reclusion Perpetua is a penalty prescribed by RPC or Special Laws;

The RPC does not prescribe the penalty of life imprisonment for any felonies therein defined;

The penalty of life imprisonment in invariably imposed for serious offenses penalized by Special Laws.
(People vs. Medina, Ibid);

2) Reclusion Perpetua, which has a duration of 40 years under Article 27, RPC, or 30
years if the accused had undergone preventive imprisonment under Article 29, RPC as amended by R.A.
No. 10592, is a lighter penalty than life imprisonment which has no duration. (People vs. Morilla, G.R.
No. 189833, February 5, 2014);

3) Reclusion Perpetua shall carry with it accessory penalties, namely: perpetual special
disqualification, etc. It is not the same as life imprisonment which, for one thing, does not carry with it
any accessory penalty. (People vs. Medina, supra); under Special Law provides accessory penalties;

l. Duration of Other Penalties: (Article 27, 29 and 76, RPC):

Under Article 27, 29, and 76, RPC, the duration of penalties, is as follows:

Article 27, RPC:

Reclusion Perpetua -- 20 years and 1 day to 40 years (or 30 years

under Article 29, RPC, as amended by R.A. No. 10592);

Reclusion Temporal -- 12 years and 1 day to 20 years;

Prision Mayor and Temporary Disqualification - 6 years and 1 day to 12 years, except when the
penalty of disqualification is imposed as an accessory penalty, in which case, its duration
shall be that of the principal penalty;

Prision Correccional, Suspension, and Destierro -- 6 months and 1 day to 6 years, except when the
suspension is imposed as an accessory penalty, in which case, its duration shall be that
of the principal penalty;

Arresto Mayor -- 1month and 1 day to 6 months;

Arrest Menor -- 1 day to 30 days;

Bond to keep the peace -- required to cover such period of time as the
court may determine;

Under Article 76, RPC:

The duration of the minimum, medium and maximum periods under Article 76, RPC, is 1/3 portion

Of the respective penalties except “Arresto Mayor”;

Under Article 76, the time included in the minimum period of “Arresto Mayor” is only one month while
That of the medium and maximum is two months;

m. The following are legal period of duration of divisible penalties (Article 76, RPC):

Reclusion Temporal:

Maximum period - 17 years, 4 months and 1 day to 20 years;

Medium period - 14 years, 8 months and 1 day to 17 years and 4 months;

Minimum period - 12 years and 1 day to 14 years and 8 months;

Prision Mayor:

Maximum period - 10 years and 1 day to 12 years;

Medium period - 8 years and 1 day to 10 years;

Minimum period - 6 years and 1 day to 8 years;

Prision Correccional:

Maximum period - 4 years, 2 months and 1 day to 6 years;

Medium period - 2 years, 4 months and 1 day to 4 years and 2 months;

Minimum period - 6 months and 1 day to 2 years and 4 months;

Arresto Mayor:

Maximum period - 4 months and 1 day to 6 months;

Medium period - 2 months and 1 day to 4 years

Minimum period - 1 month and 1 day to 2 months

Arresto Menor:

Maximum period - 21 days to 30 days;

Medium period - 11 days to 20 days;

Minimum period - 1 day to 10 days;

GOOD LUCK FOR THE FINAL EXAMINATION!

END OF MANUSCRIPT FOR WEEK 17, CRIMINAL LAW 1, RPC, BOOK 1

THIS IS THE LAST WEEK OF THE 1ST SEMESTER CY 2021 - 2022

PROFESSOR: J/DIR ROMEO L OGOY, TLPE (Ret.)