Chapter Three

DURATION AND EFFECTS OF

PENALTIES
(Article 27-30)
 Section One. — Duration of Penalties

Article 27
Reclusion perpetua. — Any person sentenced to any of
the perpetual penalties shall be pardoned after
undergoing the penalty for 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.
Art. 27 continuation…

Prision mayor and temporary disqualification. —

The duration of the penalties of prision mayor and
temporary disqualification shall be from six years and
one day to twelve 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. —
The duration of the penalties of prision correccional,
suspension and destierro shall be from six months and
one day to six years, except when suspension is
imposed as an accessory penalty, in which case, its
Art. 27 continuation…

Arresto mayor. — The duration of the penalty of

arresto mayor shall be from one month and one day to
six months.
Arresto menor. — The duration of the penalty of
arresto menor shall be from one day to thirty days.
Bond to keep the peace. — The bond to keep the
peace shall be required to cover such period of time as
the court may determine.
 Penalty Duration
Reclusion perpetua 20 yrs. & 1 day – 40 yrs.

Reclusion temporal 12 yrs. & 1 day – 20 yrs.

Prision mayor and temporary 6 yrs. & 1 day – 12 yrs.

disqualification
Prision correccional, suspension, 6 mos. & 1 day – 6 yrs.
and destierro
Arresto mayor 1 mo. & 1 day – 6 mos.

Arresto menor 1 day – 30 days

 In what cases is destierro imposed?
In the following:
1. Serious physical injuries or death under exceptional circumstances. (Art. 247)
2. In case of failure to give bond for good behavior. (Art. 284)
3. As a penalty for the concubine in concubinage. (Art. 334)
4. In cases where after reducing the penalty by one or more degrees destierro is
the proper penalty.
 Article 28 
Computation of penalties. If the offender shall be in prison, the
term of the duration of the temporary penalties shall be
computed from the day on which the judgment of conviction
shall have become final.
If the offender be not in prison, the term of the duration of the
penalty 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. The
duration of the other penalties shall be computed only from the
day on which the defendant commences to serve his sentence.
 Rules for the computation of
penalties
from the day on which the
Rule 1 in prison judgment of conviction becomes
final.
from the day that the offender is
Rule 2 not in placed at the disposal of
prison judicial authorities for the
enforcement of the penalty.
from the day on which the
Rule 3 other
offender commences to serve
penalties
his sentence.
 Article 29

Period of preventive imprisonment deducted

from term of imprisonment. — Offenders or
accused 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
Art. 29 continuation…

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
Art. 29 continuation…

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 thirty (30) days of
preventive imprisonment. (As amended by E.O.
 Illustration 1
A was accused of homicide punishable by reclusion
temporal. Because he could not put a bail of P15,000, A
was detained pending his trial which lasted for two years.
If after trial, A was found guilty and sentenced to an
indeterminate penalty of from 6 years and 1 day to 12
years and 1 day, the full period of A's preventive
imprisonment of 2 years shall be deducted from 12 years
and 1 day, if he agreed voluntarily in writing before or
during the time of his temporary detention to abide by
the same disciplinary rules imposed upon convicted
prisoners. But if A did not agree to abide by the same
disciplinary rules imposed upon convicted prisoners, only
4/5 of the 2 years during which he has undergone
preventive imprisonment will be deducted from 12 years
 Illustration 2
A was accused of a violation of Art. 143 of the Revised
Penal Code. The penalty provided for in that Article is
prision correccional or a fine from P200 to P2,000, or
both. During the pendency of his trial, A was detained for
ten days. Having been found guilty, A was sentenced to
pay a fine of P500. Can A successfully claim that his fine
should be reduced because of his preventive
imprisonment for ten days?
No, because his sentence does not consist in deprivation
of liberty.
 Illustration 3
A is accused of the crime of less serious physical injuries
punishable by imprisonment from 1 month and 1 day to 6
months. He has been under detention in jail for 6
months, pending his trial. In that case, A should be
released immediately, but the trial of his case will
continue.
Illustration 4
A is accused of a crime punishable by a penalty from
arresto menor to destierro (6 months and 1 day to 6
years). A has been detained for 30 days since his arrest.
In that case, A should be released immediately after 30
days from his arrest and detention, even if the duration
of destierro, the maximum penalty to which he may be
sentenced, is from 6 months and 1 day to 6 years. The
 Illustration 5
A was arrested for serious physical injuries inflicted on B
and, pending his investigation and trial, he was detained
for one year. He was able to go out on bail after one year.
Later, he was summoned for the execution of his
sentence, he having been found guilty. Because he failed
to appear, the court issued an order for his arrest and
confiscation of his bond.
Although, he is not covered by paragraph No. 1 of Art.
29, as amended, A will not be credited in the service of
his sentence for serious physical injuries with one year or
four-fifths of one year preventive imprisonment.
Section Two. - Effects of the penalties according to their respective nature

Article 30

Effects of the penalties of perpetual or

temporary absolute disqualification. - The
penalties of 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.
Art. 30 continuation…

2. The deprivation of the right to vote in any

election for any popular office or to be elected
to such office.
3. The disqualification for the offices or public
employments and for the exercise of any of the
rights mentioned.
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
Note: Perpetual absolute disqualification is
effective during the lifetime of the convict
and even after the service of the sentence.
Temporary absolute disqualification lasts
during the term of the sentence, and is
removed after the service of the same,
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.