Penalties Time included in Time included in Time included in Time included in

the penalty in its its minimum its medium its maximum

entirety period period period
Reclusion Temporal From 12 years and 1From 12 years and From 14 years, 8 From 17 years, 4
day to 20 years 1 day to 14 years months and 1 day months and 1 day
and 8 months to 17 years to 20 years
Prision Mayor, From 6 years and 1 From 6 years and 1 From 8 years and From 10 years and
absolute day to 12 years day to 8 years 1 day to 10 years 1 day to 12 years
disqualification
special temporary
disqualification
Prision Correccional, From 6 months and From 6 months From 2 years, 4 From 4 years 2
suspension & 1 day to 6 years and 1 day to 2 months and 1 day months and 1 day
destierro years and 4 months to 4 years and 2 to 6 years
months
Arresto Mayor From 1 month and 1 From 1 month and From 2 months From 4 months 1
day to 6 months 1 day to 2 months and 1 day to 4 day to 6 months
months
Arresto Menor From 1 to 30 days From 1 to 10 days From 11 to 20 From 21 to 30 days
days

PRESCRIPTION PENALTIES CRIMES

Death and Reclusion
Art 25 Perpetua Art 70 20 years Art 71
Afflictive Penalties
Penalties are classified into Penalties are 15 yearsProvides for the scale to be observed
classified
Correccional
principal Penalties penalties.
and accessory according to severity. 10 yearsin graduating of penalties by
Arresto Mayor
Principal is further classified into 5 years degrees. Penalties are classified into
Light
capital, afflictive, correctional, 1 year 2 graduated scales.2 Scale
months1 refers to
Crime
and light.of libel/similar offenses 1 yearscale 2 refer
personal penalties, while
Oral defamation/slander by deed 6
to penalties consistingmonths
in deprivation
Fixed penalty of political rights. Highest P
Destierro is placed above arresto Destierro is placed under arresto Destierro is above arresto menor
menor because it is classifies as menor according to severity. because it is classified as correctional
correctional penalty. Destierro is lighter than arresto penalty which is higher than arresto
menor. menor, a light penalty

Habitual Delinquency Recidivism

Crimes to be committed are specified Same title
Within 10 years No time fixed by law
Must be found guilty the 3rd time or oftener 2nd conviction
Additional penalty is imposed. If not offset by MC, increases penalty to maximum.

Degree
Refers to the penalty imposable for a felony
committed considering the stages of execution
and the degree of participation of the offender.
May refer to both divisible and indivisible
penalties.
Period
Refers to the duration of the penalty consisting of the
maximum, medium and minimum, after considering the
presence or absence of aggravating circumstances
Refers only to divisible penalties.

Consummated Frustrated Attempted

Principals Penalty Imposed by law 1 degree lower 2 degrees lower
Accomplices 1 degree lower 2 degrees lower 3 degrees lower
Accessories 2 degrees lower 3 degrees lower 4 degrees lower
Penalties Time included in the Time included in its Time included in its Time included in its
penalty in its entirety minimum period medium period maximum period
Reclusion From 12 years and 1 From 12 years and 1 day From 14 years, 8 From 17 years, 4
Temporal day to 20 years to 14 years and 8 months and 1 day to months and 1 day to
months 17 years 20 years
Prision Mayor, From 6 years and 1 From 6 years and 1 day From 8 years and 1 From 10 years and 1
absolute day to 12 years to 8 years day to 10 years day to 12 years
disqualification
and special
temporary
disqualification
 Prision From 6 months and 1 From 6 months and 1 From 2 years, 4 From 4 years 2
Correccional, day to 6 years day to 2 years and 4 months and 1 day to months and 1 day to
suspension and months 4 years and 2 months 6 years
destierro
Arresto Mayor From 1 month and 1 From 1 month and 1 day From 2 months and 1 From 4 months 1 day
(does not follow day to 6 months to 2 months day to 4 months to 6 months
the rule)
Arresto Menor From 1 to 30 days From 1 to 10 days From 11 to 20 days From 21 to 30 days

Penalty Duration of stay

Prision correccional or arresto and fine
Fine
Higher than Prision Correccional
Not confinement in a penal institution, but penalty is
of fixed duration
Remain under confinement until his fine is satisfied; but it shall
not exceed 1/3 of the term of sentence, and not more than 1
year.
a. grave or less grave felony: not more than 6 months.
b. Light: not more than 15 days
No subsidiary imprisonment
Follow above rules

Pardon by the Chief Executive Pardon by the Offended Party (Art 23)
(Art 36)
Crime covered Any crime, unless otherwise provided by or Crimes against chastity under RPC only
subject to conditions in the Constitution or the (also in rape)
laws.
Extinguishment of Extinguishes criminal liability Does not extinguish criminal liability
Criminal Liability although it may constitute a bar to the
prosecution of the offender
Effect on civil liability Cannot affect the civil liability ex delicto of the Offended party can waive the civil liability
offender
When granted Only after conviction by final judgment Only before the institution of criminal action
To whom granted Any or all of the accused In adultery and concubinage, must include
both offenders
Whether it can be May be absolute or conditional Cannot validly be made subject to condition
conditional

Principal Accessories
Takes direct part or cooperates in, or induces Does not Take direct part or cooperates in, or
the commission of the crime induces the commission of the crime
Cooperates in the commission of the offense Does not cooperate in the commission of the
by acts either prior thereto or simultaneous offense.
therewith
Participates during commission of the crime Participation is subsequent to the commission of
the crime.
Accomplice Principal By Indispensable Cooperation
Acts of an accomplice are not indispensable to cooperation of the PIC is one without which
the consummation of the offense in that the the offense would not have been
crime would still be consummated even without accomplished.
his cooperation.
No conspiracy between the accomplice and the Conspiracy exist between the PIC and the
PDP. PDP.

Accomplice
Liability is 1 degree
lower than that of the
principal.
Came to know of the
criminal intention after
the principals have
reached a decision.
Merely concur and
cooperate in the
commission of the
crime.
Merely the instruments
Co-conspirator
Liability is collective,
not individual.
Know of the criminal
intention as he is one
of the authors.
Decide to commit the
crime.
Authors of the crime.
 Principal by Offender who made
induction proposal to commit a
felony
who perform acts not There is an Same.
essential for the inducement to commit
perpetration of the a crime
offense. Becomes liable only The mere proposal to
Acts are not Acts are when the crime is commit a felony is
indispensable. indispensable. committed by PDP. punishable in treason
or rebellion. However,
the person whom the
proposal is made
should not commit the
crime. Otherwise, the
proponent becomes
PI.
Involves any crime. The proposal to be
punishable must
involve only treason or
rebellion.
Age Criminal Responsibility/Effect
15 years and Absolute irresponsibility, exempting circumstance
below *as amended by RA 9344
Above 15 but Conditional Responsibility
Below 18 Without Discernment – not criminally liable
With Discernment – criminally liable
* as amended by RA 9344
Minor Deliquent Sentence is suspended
18 to 70 years Full Responsibility
Above 70 Mitigated Responsibility, no imposition of death penalty, execution of death
penalty may be suspended or commuted.

RPC Special Penal

Laws
Terms Prision Imprisonment Ordinary Privileged
correccional, As to Can be offset by Can never be
prision mayor, etc nature generic aggravating offset by
Attempted or Punsihable Gen. Rule: NOT circumstances aggravating
Frustrated punishable. circumstances.
Stages Exception: As to If not offset, will Operates to
Unless otherwise effect operate to reduce the reduce the penalty
stated. penalty to the by 1 or 2 degrees
Plea of Guilty Applicable NA minimum period, than that provided
as Mitigating provided the penalty is by law for the
Circumstanc divisible. crime.
e As to those enumerated in those mentioned
Minimum, Applicable NA Kinds subsections 1-10 of in articles 68, 69,
Medium, and (sources) Article 13. 64.
Maximum
Periods.
Penalty for Applicable. Gen. Rule: NA
Accesory or Exception:
Accomplice Unless stated
otherwise.

Conspiracy Proposal
Elements Agreement to commit a felony and Person decides to commit a crime and proposes
decide to commit it. the same to another.
Crimes (The crimes Conspiracy to commit treason, rebellion, Proposal to commit treason, rebellion, coup d’etat.
in which conspiracy sedition, coup d’etat, highway robbery,
and proposal are espionage, direct bribery and arson. *no proposal to commit sedition
punishable are
against the security
of the state or
economic security)

When exist Once the proposal was accepted, a
conspiracy arises.
It is bilateral for it requires two parties.
Is true only up to the point where the party to whom
the proposal was made has not yet accepted the
proposal.
It is unilateral, one party makes a proposition to the
other.

ATTEMPTED FRUSTRATED CONSUMMATED IMPOSSIBLE CRIME

 Evil intent is not accomplished Evil intent is not accomplished Evil intent is accomplished Evil intent is not
accomplished

Evil intent is possible of Evil intent is possible of The result sought is achieved Evil intent is not possible of
accomplishment accomplishment accomplishment

Overt acts of execution are All acts of execution are All acts of execution are All acts of execution are
started. Not all acts of present. present. present.
execution are present.

Due to reasons other than Due to intervening causes Evil intent cannot be
spontaneous desistance of the independent of the will of the accomplished because it’s
perpetrator. perpetrator. inherently impossible of
accomplishment or the
means employed by the
offender is inadequate or
ineffectual.

Felonies against Persons

1.Parricide (Art. 246);
2.Murder (Art. 248);
3.Homicide (Art. 249);
4.Infanticide (Art. 255);
5.Abortion (Art. 256; Art. 257; Art. 258; Art. 259);
6.Duel (Art. 260);
7.Physical injuries (Art. 263; Art. 264; Art. 265; Art. 266); and
8.Rape (Art. 266-A).

Felonies Against Property

1.Robbery (Arts. 294; 297; 298; 299; 302);
2.Brigandage (Arts. 306; 307);
3.Theft (Arts. 308; 310; 311);
4. Usurpation (Arts. 312; 313);
5.Fraudulent insolvency (Art. 314);
6.Swindling and other Deceits (Arts. 315; 316; 317; 318);
7.Removal, sale or pledge of mortgaged property (Art. 319);
8.Arson (Arts. 320; 321; 323; Art. 324; 325; 326);
9.Malicious mischief (Arts. 327; 328; Art. 330; Art. 331).

DEATH RECLUSION PRISION MAYOR PRISION

PERPETUA/ CORRECTIONAL
TEMPORAL
Perpetual absolute Civil interdiction for Temporary absolute Suspension from
disqualification life or during the disqualification public office,
sentence profession or calling

Civil interdiction Perpetual absolute That of perpetual special Perpetual special

during 30 years, if not disqualification, disqualification from disqualification from
expressly remitted in unless expressly suffrage, unless suffrage, if the duration
the pardon remitted in the expressly remitted in the of imprisonment
pardon of the pardon of the principal exceeds/ 8 months,
principal penalty penalty unless expressly
remitted in the pardon
of the principal penalty