ARTICLE 20: The penalties prescribed for accessories shall not be imposed upon those

who are such with respect to their spouses, ascendants, descendants, legitimate, natural
or adopted brothers and sisters, or relatives by affinity within the same degrees, with
the single exception of accessories falling within the provisions of paragraph 1 of the
next preceding article.

ARTICLE 21: No felony shall be punishable by any penalty not prescribed by law prior to
its commission

ARTICLE 22: Penal laws shall have a retroactive effect insofar as they favor the person
guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of
Article 62 of this Code, although at the time of the publication of such laws a final
sentence has been pronounced and the convict is serving the same.

ARTICLE 23: A pardon by the offended party does not extinguish criminal action except
as provided in Article 344 of this Code; but civil liabilities with regard to the interest of
the injured party is extinguished by his express waiver.

ARTICLE 24: The following shall not be considered as penalties:
1. The arrest and temporary detention of accused persons, as well as their
detention by reason of insanity, or imbecility, or illness requiring their
confinement to a hospital.
2. The commitment of a minor to any of the institutions mentioned in Article 80
and for the purposes specified therein.
3. Suspension of employment of public office during trial or in order to institute
proceedings.
4. Fines and corrective measures which, in the exercise of their administrative
or disciplinary powers, superior officials may impose upon their
subordinates.
5. Deprivation of rights or the reparations which the civil law may establish in
penal form.

ARTICLE 25: The penalties which may be imposed, according to this Code, and their
different classes, are those included in the following:
1. Capital Punishment
a. Death Penalty
2. Afflictive Penalties
a. Reclusion Perpetua
b. Reclusion Temporal
c. Perpetual or temporary absolute disqualification
d. Perpetual or temporary special disqualification
e. Prision Mayor
3. Correcional Penalties
a. Prision Correcional
b. Aresto Mayor
c. Suspension
d. Destierro
4. Light Penalties
a. Aresto Menor
b. Public Censure
5. Penalties Common to the 3 Preceding Classes
a. Fine
b. Bond to keep the peace.
6. Accessory Penalties
a. Perpetual or temporary absolute disqualification
b. Perpetual or temporary special disqualification
c. Suspension from:
i. public office
ii. right to vote
iii. right to be voted for
iv. profession or calling
d. Civil Interdiction
e. Indemnification
f. Forfeiture or confiscation of instruments or proceeds of the offense
g. Payment of costs

ARTICLE 26: A fine, whether imposed as a single or as an alternative penalty, shall be
considered an afflictive penalty, if it exceeds 6,000 pesos; a correctional penalty, if it
does not exceed 6,000 pesos but is not less than 200 pesos; and a light penalty if it be
less than 200 pesos.

DURATION AND EFFECT OF PENALTIES

ARTICLE 27:
The penalty of reclusion perpetua shall be from 20 years and 1 day to 40 years.
The penalty of reclusion temporal shall be from 12 years and 1 day to 20 years.
The duration of the penalties prision mayor and temporary disqualification shall
be from 6 years and 1 day to 12 years, except when the penalty of
disqualification is an accessory penalty, in which case, its duration shall be that
of the principal penalty.
The duration of the penalties of prision correctional, suspension and destierro
shall be 6 months and 1 day to 6 years, except when suspension is imposed as an
accessory penalty, in which case, its duration shall be that of the principal
penalty.
The duration of the penalty of arresto mayor shall be from 1 month and 1 day to
6 months.
The duration of the penalty of arresto menor shall be from 1 day to 30 days.
The bond to keep peace shall be required to cover such period of time as the
court may determine.

ARTICLE 28: 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.

ARTICLE 29: Offenders or accused who have undergone preventive imprisonment shall
be credited in the service of their sentence consisting of deprivation of liberty

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 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;
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 30 years.

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 any stage
during the trial, the court motu propio may order the rearrest of the accused: Provided,
finally, that recidivists, habitual delinquents, escapees and persons charged with
heinous crimes are excluded from the coverage of this Act. In case the maximum
penalty to which the accused may be sentenced is destierro, he shall be released after
30 days of preventive imprisonment.

ARTICLE 30: The penalties of perpetual or temporary absolute disqualification for public
office shall produce the following effects:
1. The deprivation of public offices and employments which the offender may
have held, even if conferred by popular election.
2. The deprivation of the right to vote in any election for popular elective office
or to be elected of such office.
3. The disqualification for the office 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 other pension for any office formerly
held.

ARTICLE 31: The penalties of perpetual or temporary 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.

ARTICLE 32: 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.

ARTICLE 33: 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.
ARTICLE 20: Exempted Accessories
The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their:
1. spouses
2. ascendants
3. descendants
4. legitimate, natural or adopted brothers and sisters
5. or relatives by affinity in the same degrees
with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding
article.
ARTICLE 21: Penalties that May be Imposed
No felony shall be punishable by any penalty not prescribed by law prior to its commission.
ARTICLE 22: Retroactivity of Penal Laws
Penal laws shall have a retroactive effect insofar as they favor the person guilty of a felony, who is not a habitual
criminal, as the term is defined in Rule 5 of Article 62 of this Code, although at the time of the publication of
such laws a final sentence has been pronounced and the convict is serving the same.
ARTICLE 23: Effects of Pardon
A pardon by the offended party does not extinguish criminal action except as provided in Article 344 of this
Code; but the civil liabilities with regard to the interest of the injured party is extinguished by his express waiver.
ARTICLE 24: Not Considered as Penalties
The following shall not be considered as penalties:
1. The arrest and the 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 a minor in any of the institutions mentioned in Article 80 and for purposes specified
therein.
3. Suspension from the employment or public office during the trial or in order to institute proceedings.
4. Fines and other corrective measures which, in the exercise of their administrative or disciplinary powers,
superior officials may impose upon their subordinates.
5. Deprivation of rights and the reparations which civil law may establish in penal form.
CHAPTER 2
CLASSIFICATION OF PENALTIES
ARTICLE 25: Scale of Penalties
PRINCIPAL PENALTIES ACCESSORY PENALTIES
A. Capital Punishment
1. Death Penalty
1. Perpetual or Temporary Absolute Disqualification
2. Perpetual or Temporary Special Disqualification
B. Afflictive Penalties
1. Reclusion Perpetua
2. Reclusion Temporal
3. Perpetual or Temporary Absolute Disqualification
4. Perpetual or Temporary Special Disqualification
5. Prision Mayor
3. Suspension from:
a. public office
b. the right to vote and be voted for
c. the profession
d. or calling
C. Correctional Penalties
1. Prision Correcional
2. Arresto Mayor
3. Suspension
4. Destierro
4. Civil Interdiction
5. Indemnification
6. Forfeiture or Confiscation of instruments and
proceeds of the offense
7. Payment of Costs
D. Light Penalties
1. Arresto Menor
2. Public Censure

E. Penalties Common to the 3 Preceding Classes
1. Fine
2. Bond to keep the peace

ARTICLE 26: Fine
A fine, whether imposed as a single or as an alternative penalty, shall be considered an afflictive penalty, if it
exceeds 6,000 pesos; a correctional penalty if it does not exceed 6,000 pesos but is not less than 200 pesos; and
a light penalty, if it be less than 200 pesos.
CHAPTER 3
DURATION AND EFFECTS OF PENALTIES
Section 1: Duration of Penalties
ARTICLE 27: Duration of Penalties
Reclusion Perpetua : The penalty of reclusion perpetua shall be from 20 years and 1 day to 40 years.
Reclusion Temporal: The penalty of reclusion temporal shall be from 12 years and 1 day to 20 years.
Prision Mayor and temporary disqualification: The duration of the penalties of prision mayor and temporary
disqualification shall be from 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 Correcional, Suspension and Destierro: The duration of the penalties of prision correcional, suspension
and destierro shall be from 6 months and 1 day to 6 years, except when suspension is imposed as an accessory
penalty, in which case, its duration shall be that of the principal penalty.
Arresto Mayor: The duration of the penalty of arresto mayor shall be from 1 month and 1 day to 6 months.
Arresto Menor: The duration of the penalty of arresto menor shall be from 1 day to 30 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.
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 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.
ARTICLE 29: Preventive Imprisonment
Offenders or accused who have undergone preventive imprisonment shall be credited in the service of their
sentence consisting 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 the 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;
2. and 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 4/5 of the time during which he has undergone preventive imprisonment.
Credit for the preventive imprisonment for the penalty of reclusion perpetua shall be deducted from 30 years.

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 any stage of the trial, the court may motu propio order the rearrest of the accused:
Provided, finally, that recidivists, habitual delinquents, escapees and persons charged of heinous crimes shall be
excluded from the coverage of this Act. In case the maximum penalty to which the accused may be sentenced is
destierro, he shall be released after 30 days of preventive imprisonment.
ARTICLE 30: Effects 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
conferred by popular election.
2. The deprivation of the right to vote in any election for any popular elective 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 and other pension for any office formerly held.
ARTICLE 31: Effects of Perpetual or Temporary Special Disqualification
The penalties of perpetual or temporary 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.
ARTICLE 32: Perpetual or Temporary Special Disqualification & 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.
ARTICLE 33: Suspension of Profession, Calling or 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.
ARTICLE 34: Civil Interdiction
Civil Interdiction shall deprive the offender during the term of his sentence of the rights of:
1. parental authority
2. or guardianship, either as to the person or property of any ward
3. of marital authority
4. of the right to manage his property
5. and of the right to dispose of such property by any act or any conveyance inter vivos
ARTICLE 35: Bond to Keep Peace
It shall be the duty of any person sentenced to give bond to keep 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 its 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 the 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 6 months, if he shall have been prosecuted for a grave or less grave felony, and shall not exceed 30
days, if for a light felony.
ARTICLE 36: Pardon
A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless 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.
ARTICLE 37: Cost
Costs shall include fees and indemnities in the course of the judicial proceedings, whether they be fixed or
unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule.
ARTICLE 38: Pecuniary Liabilities
In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities, the
same shall be met in the following order:
1. The reparation of the damage caused.
2. Indemnification of the consequential damages.
3. The fine.
4. The costs of the proceedings.
ARTICLE 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 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 correccional 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 1/3 of the term of the sentence, and in no case shall it continue for more
than 1 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 6
months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed 15
days, if for a light felony.
3. When the principal penalty imposed is higher than prision correcional, 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.
SECTION 3: PENALTIES IN WHICH OTHER ACCESSORY PENALTIES ARE INHERENT
ARTICLE 40: Death & Accessory Penalties
The death penalty, when it is not executed by reason of commutation or pardon shall carry with it that of:
1. perpetual absolute disqualification
2. and that of civil interdiction during the 30 years following the date of sentence, unless such accessory
penalties have been expressly remitted in the pardon.
ARTICLE 41: Reclusion Perpetua and Reclusion Temporal & Accessory Penalties
The penalties of reclusion perpetua and reclusion temporal shall carry with them that of:
1. civil interdiction for life or during the period of the sentence as the case may be
2. 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.
ARTICLE 42: Prision Mayor & Accessory Penalties
The penalty of prision mayor shall carry with it that of:
1. temporary absolute disqualification
2. 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 Correcional & Accessory Penalties
The penalty of prision correcional shall carry with it that of:
1. suspension from public office
2. from the right to follow a profession or calling,
3. and that of perpetual special disqualification from the right of suffrage, if the duration of said
imprisonment shall exceed 18 months.
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.
ARTICLE 44: Arresto & Accessory Penalties
The penalty of arresto shall carry with it that of suspension of the:
1. right to hold office
2. and the right of suffrage during the term of the sentence.
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:
1. proceeds of the crime
2. and the instruments or tools with which it was committed.
Such proceeds and instruments and tools shall be confiscated and forfeited in favor of the Government, unless
they be the property of a 3
rd
person not liable for the offense, but those articles which are not subject of lawful
commerce shall be destroyed.





CHAPTER 4
APPLICATION OF PENALTIES
ARTICLE 46: Penalty for Principals
The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the
commission of such felony.

Whenever the law prescribes a penalty for a felony in general terms, it shall be understood as applicable to the
consummated felony.
ARTICLE 47: Death Penalty not Imposed; Automatic Review of Death Penalty Cases
The death penalty shall be imposed in all cases in which it must be imposed under the existing laws, except that
no death penalty shall be imposed upon:
1. children in conflict with law under Sec. 59 RA 9344, at the time of the commission of the crime
2. or is more than 70 years of age
3. or when upon appeal
4. or automatic review of the case by the Supreme Court
the required majority vote is not obtained for the imposition of the death penalty, in which cases the penalty
shall be reclusion perpetua.

In all cases where the death penalty is imposed by the trial court, the records shall be forwarded to the
Supreme Court for automatic review and judgment by the court en banc, within 20 days but not earlier than 15
days after promulgation of the judgment or notice of denial of any motion for new trial or reconsideration.

The transcript shall also be forwarded within 10 days after the filing thereof by the stenographic reporter.
ARTICLE 48: Penalty for Complex Crimes
When a single act constitutes 2 or more grave or less grave felonies, or when an offense is a necessary means
for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its
maximum period.