Penalties

Definition Penalty is the suffering that is inflicted by the State for the Transgression of a law.
Conditions of penalty:
1.
2.
3.
4.
5.
6.
7.

Must be productive of suffering, without affecting human integrity

Must be commensurate with the offense
Must be personal
Must be legal
Must be certain
Must be equal for all
Must be correctional

Purpose to secure justice

Theories justifying penalty:
1. Prevention to prevent or supress the danger to the State arising from criminal acts of the
offender
2. Self-defense to protect society from threat and wrong inflicted by the criminal
3. Reformation to correct and reform the offender
4. Exemplarity to deter others from committing crimes
5. Justice an act of retributive justice, a vindication of absolute right and moral law violated by
the criminal
Three-fold purpose of the penalty under the Penal Code
1. Retribution or expiation commensurate with the gravity of the offense
2. Correction or reformation shown by the rules which regulate the execution of the penalties
consisting in deprivation of liberty
3. Social-defense shown by its inflexible severity to recidivists and habitual delinquents
Constitutional Restrictions excessive fines shall not be imposed, nor cruel and unusual punishment
inflicted

Article 21. Penalties that may be imposed. No felony shall be punishable by any penalty not
prescribed by law prior to its commission.
Prohibits the government from punishing any person for any felony with any penalty which has not been
prescribed by the law
An act or omission cannot be punished by the State if at the time it was committed there was no law
prohibiting it
Article 22. Retroactive effect of penal laws. Penal laws shall have a retroactive effect in so far as they
favour 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.
Applicable to special laws, not applicable to civil liabilities
Ex post facto laws:
1. Makes criminal an act done before the passage of the law and which was innocent when done,
and punishes such act;
2. Aggravates a crime, or makes it greater than it was, when committed;
3. Changes the punishment and inflicts a greater punishment than the law annexed to the crime
when committed;
4. Alters the legal rules of evidence, and authorizes conviction upon less or different testimony
than the law required at the time of the commission of the offense;
5. Assuming to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a
right for something which when done was lawful; and
6. Deprives a person accused of a crime of some lawful protection to which he has become
entitled, such as the protection of a former conviction or acquittal, or a proclamation of
amnesty
Applicable even is the accused is already serving sentence, inapplicable if the new law expressly states
its inapplicable to pending or existing causes of action
Habitual delinquent within a period of ten years from the date of his release or last conviction of the
crimes of serious or less serious physical injuries, robbery, theft, estafa, or falsification, he is found guilty
of any said crimes a third time of oftener
Criminal liability under the repealed law subsists:
1. When the provisions of the former law are re-enacted
2. When the repeal is by implication
3. When there is a saving clause
The repeal of penal law which impliedly repealed an old penal law revives the old law

Jurisdiction of a court to try a criminal action is to be determined by the law in force at the time of
instituting the action not at the time of the commission of the crime
Only that penalty prescribed by law prior to the commission of the felony may be imposed. (Art. 21)
Felonies are punishable under the laws in force at the time of their commission. (Art. 366)
Penalty prescribed by a law enacted after the commission of the felony may be imposed, if it is
favourable to the offender. (Art. 22)
Article 23. Effect of pardon by the offended party. A pardon by the offended party does not
extinguish criminal action except as provided in Article 344 of this Code; but civil liability with regard
to the interest of the injured party is extinguished by his express waiver.
A crime committed is an offense against the State
A contract stipulating for the renunciation of the right to prosecute an offense or waiving the criminal
liability is void.
Article 344 par 2 the offended party in the crimes of adultery and concubinage cannot institute
criminal prosecution, if he shall have consented or pardoned the offenders.
In acts of lasciviousness, there shall be no criminal prosecution if the offender has been expressly
pardoned by the offended party or her parents, grandparents, or guardian, as the case may be. Pardon
must be afforded before the institution of the criminal prosecution. Marriage extinguishes the penal
action after the institution of criminal action.
Pardon by the offended party does not extinguish criminal liability; it is only a bar to criminal
prosecution
A crime/offense produces two classes of injuries:
1. Social injury produced by the disturbance and alarm which are the outcome of the offense;
repaired through the imposition of the corresponding penalty; the State has an interest in this
class of injury
2. Personal injury cause to the victim of the crime who suffered damaged either to his person, to
his property, to his honor or to her chastity; repaired through indemnity, which is civil in nature;
the offended party may waive it, waiver must be express
Article 24. Measures of prevention or safety which are not considered penalties. 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 in a hospital.
2. The commitment of a minor to any of the institutions mentioned in Article 80 and for the
purposes specified therein.

3. The 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 the civil law may establish in penal form.
They are not penalties, because they are not imposed as a result of judicial proceedings, merely
preventive measures before conviction of offenders

Article 25. Penalties which may be imposed. The penalties which may be imposed, according to this
Code, and their different classes, are those included in the following:
SCALE
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
Destierro
Light penalties:

Arresto menor
Public censure

Common penalties:

Fine and bond to keep the peace.

ACCESSORY PENALTIES
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Suspension from public office, the right to vote and be voted for, the
profession or calling
Civil interdiction
Indemnification
Forfeiture or confiscation of instruments and roceeds of the offense
Payment of cost

R.A. No. 7659 duration of reclusion perpetua is now from 20 years and 1 day too 40 years
R.A. No. 9346 prohibited the imposition of the death penalty

Principal penalties those expressly imposed by the court in the judgment of conviction
1. Divisible fixed duration and are divisible into three periods
2. Indivisible no fixed duration (death, reclusion perpetua, perpetual absolute or special
disqualification, public censure)
Accessory penalties those that are deemed included in the imposition of the principal penalties
Classification of penalties according to subject-matter:
1.
2.
3.
4.
5.

Corporal (death)
Deprivation of freedom (reclusion, prision, arresto)
Restriction of freedom (destierro)
Deprivation of rights (disqualification and suspension)
Pecuniary (fine)

According to their gravity:

1.
2.
3.
4.

Capital
Afflictive
Correctional
Light

In a criminal case there is only one issue, viz.: whether the accused is guilty or not guilty. If he is found
guilty, the court acquires jurisdiction to impose a penalty; if he is found not guilty, no court has the
power to mete out punishment; a finding of guilt must precede the punishment
Penalties those are either principal or accessory:
1. perpetual or temporary absolute disqualification
2. Perpetual or temporary special disqualification
3. Suspension
Article 26. Fine When afflictive, correctional, or light penalty. 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.
Penalties cannot be imposed in the alternative, indicate the penalty imposed definitely and positively
Afflictive over 6,000 pesos
Correctional 200 pesos to 6,000 pesos
Light penalty less than 200 pesos

Duration of penalties
Article 27. Reclusion perpetua. The penalty of reclusion perpetua shall be from twenty years and
one day to forty years.
Reclusion temporal. the penalty of reclusion temporal shall be from twelve years and one day to
twenty years.
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 if 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 duration shall be that of the principal penalty.
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. (As amended by R.A. No. 7659, approved on December 13, 1993)
Durations:
1. Reclusion perpetua 20 yrs. And 1 day to 40 yrs.
2. Reclusion temporal 12 yrs. And 1 day to 20 yrs.
3. Prision mayor and temporary disqualification 6 yrs. And 1 day to 12 yrs., except when
disqualification is the accessory penalty, in which case its duration is that of the principal penalty
4. Prision correccional, suspension, and destierro 6 mos. And 1 day to 6 yrs., except when
suspension is an accessory penalty, in which case its duration is that of the principal penalty
5. Arresto mayor 1 mo. And 1 day to 6 mos.
6. Arresto menor 1 day to 30 days
7. Bond to keep the peace the period during which the bond shall be effective is discretionary on
the court
Bond to keep the peace is not specifically provided as a penalty for any felony and therefore cannot be
imposed by the court
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.
The Director of Prisons or the warden should compute the penalties imposed upon the convicts,
observing the following rules:
1. When the offender is in prison the duration of temporary penalties is from the day on which
the judgment of conviction becomes final
2. When the offender is not in prison the duration of penalty consisting in deprivation of liberty,
is from the day that the offender is placed at the disposal of judicial authorities for the
enforcement of the penalty
3. The duration of other penalties the duration is from the day on which the offender
commences to serve his sentence
Temporary penalties (Rule 1 if offender is under detention, Rule 3 if not under detention because the
offender has been released on bail):
1. Temporary absolute disqualification
2. Temporary special disqualification
3. Suspension
Deprivation of liberty (Rule 2 if offender is not in prison, Rule 3 if offender is undergoing preventive
imprisonment):
1. Imprisonment
2. Destierro
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 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; 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 imprisonment.

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.
Preventive imprisonment when the offense charged is nonbailable, or even if bailable, he cannot furnish
the required bail
Full-time credited if the detention prisoner agrees voluntarily in writing to abide by the same disciplinary
rules imposed upon convicted prisoners
Four-fifth credited if the detention prisoner does not agree
Youthful offender shall be credited full-time he spent in actual confinement and detention
Considered in the service of sentences consisting of deprivation of liberty
Offenders not entitled:
1. Recidivists or those convicted previously twice or more times of any crime or habitual
delinquent
2. Those who, upon being summoned for the execution of their sentence, failed to surrender
voluntarily
Article 30. Effects of the penalties of perpetual or temporary absolute disqualification. The penalties
or 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.
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 disqualifications, 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. Effects of the penalties 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. Effects of the penalties of perpetual or temporary special disqualification for the exercise of
the right of 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.
Artucke 33. Effects of the penalties of suspension from any public office, profession, or calling, or the
right of 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 time of his
sentence of the rights of parental authority, or guardianship, either as to the person or property of
any ward, of marital authority, of the right to manage his property, and of the right to dispose of such
property by any act or any conveyance inter vivos.
Article 35. effects of bond to keep the peace. IT shall be the duty of any person sentenced to give
bond to keep the 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 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 six months, if he shall have been prosecuted for a grave or less grave felony,
and shall not exceed thirty days, if for a light felony.
Penalty
Perpetual (effective during the lifetime of the
convict) or temporary (effective during the term of
the sentence) absolute disqualification for public
office

Perpetual or temporary special disqualification for

Effects
a. Deprivation of public offices and
employments, even if by election
b. Deprivation of right to vote or to be
elected
c. Disqualification for the office or public
employments and for the exercise of any
of the rights mentioned
d. Loss of ight to retirement pay or pension
for any office formerly held
a. Deprivation of the office, employment,

public office, profession or calling

Perpetual or temporary special disqualification for

the exercise of the right of suffrage

Suspension from public office, profession or calling

or the right of suffrage

Civil interdiction

Bonds to keep peace

profession or calling affected

b. Disqualification for holding similar officers
or employments perpetually or during the
term of the sentence
a. Deprivation of the right to vote or to be
elected to any public office
b. Cannot hold any public office during the
period of disqualification
a. Disqualification from holding such office or
exercising such profession or calling or
right of suffrage during the term of the
sentence
b. If suspended from public office, the
offender cannot hold another office having
similar functions during the period of
suspension
a. Deprivation of the rights of parental
authority or guardianship of any ward
b. Deprivation of marital authority
c. Deprivation of the right to manage his
property and of the right to dispose of
such property by any act or any
conveyance inter vivos
// can dispose of such property by will or
donation mortis causa
a. Offender must present two sufficient
sureties who shall undertake that the
offender 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; or
b. The offender must deposit such amount
with the clerk of court to guarantee said
undertaking; or
c. The offender may be detained, if he
cannot give the bond, for a period not to
exceed 6 months if prosecuted for grave or
less grave felony, or for a period not to
exceed 30 days, if for a light felony
// different from bail bond which is posted for
the provisional release of a person arrested for
or accused of a crime

Disqualification withholding of privilege not a denial of right

Article 36. Pardon; its effects. 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.
Limitations:
1. Power can be exercised only after conviction by final judgment;
2. Such power does not extend to cases of impeachment
Pardon granted in general terms does not include accessory penalty except when an absolute pardon is
granted after the term of imprisonment has expired, it removes all that is left of the consequences of
conviction
Pardon by the Chief Executive vs Pardon by the offended party:
1. Extinguishes the criminal liability of the offender vs cannot extinguish the criminal liability
2. Cannot extinguish the civil liability of the offender vs can waive the civil liability which the
offender must pay
3. Pardon must be granted after conviction by final judgment vs pardon should be given before the
institution of criminal prosecution and must be extended to both offenders
Article 37. Costs What are included. 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
regulation in force, or amounts not subject to schedule.
Costs are fees and indemnities
Costs are chargeable to the accused in case of conviction, in case of acquittal, the costs are de oficio,
each party bearing his own expenses
No costs against the Republic, unless the law provides the contrary
Payment of costs is a matter that rests entirely upon the discretion of courts
Article 38. Pecuniary liabilities order of payment. In case the property of the offender shall not be
sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following order:
1.
2.
3.
4.

The reparation of the damage caused.

Indemnification of consequential damages.
The fine.
The costs of the proceedings.

Applicable in case the property of the offender should not be sufficient for the payment of all his
pecuniary liabilities
Courts cannot disregard the order of payment

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 eight pesos, 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 one-third of the term of the sentence, and in no
case shall it continue for more than one 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 six months, if the culprit shall have been prosecuted for a grave or less grave felony,
and shall not exceed fifteen days, if for a light felony.
3. When the principal penalty imposed is higher than prision coreccional no subsidiary
imprisonment shall be imposed upon the culprit.
4. If the principal penalty imposed in not to be executed by confinement in a penal institution,
but such penalty is of fix 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.
5. The subsidiary personal liability which the convict may have suffered by reason of his
insolvency shall not relieve him from the fine in case his financial circumstances shall improve.
Subsidiary personal liability to be suffered by the convict who has no property with which to meet the
fine
Judgment of conviction must impose subsidiary imprisonment
No subsidiary penalty for non-payment of other pecuniary liabilities, applies only to fine
Subsidiary imprisonment is not an accessory penalty
No subsidiary imprisonment if the penalty imposed is more than 6 years (including additional penalty for
being a habitual delinquent)
Principal penalty imposed by the court, not prescribed for by the code
Subsidiary penalty is the same deprivations as those which the principal penalty consists
Subsidiary penalty for special laws (R.A. No. 1732):
1. When the court merely imposes a fine, the subsidiary liability shall not exceed 6 months, at the
rate of one day imprisonment for every 2.50 pesos
2. In case both fine and imprisonment are imposed, the subsidiary liability shall not exceed 1/3 of
the term of imprisonment, and in no case shall it exceed 1 year
3. In case the imprisonment is for more than 66 years in addition to a fine, there shall be no
subsidiary imprisonment

4. When a fine is imposed for violation of any municipal ordinance or ordinance of the City of
Manila, the rate is one day for every 1.00 peso, until the fine is satisfied, provided, that the total
subsidiary imprisonment does not exceed 6 months, if the penalty imposed is fine alone; and
not more than 1/3 of the principal penalty, if it is imposed together with imprisonment
5. Not applicable to offenses made punishable by the Act of the United States Congress
No subsidiary penalty in violation of the Tax Code for not paying the tax, only works for fines
Subsidiary imprisonment, like accessory penalties, is not essential in the determination of the
criminal jurisdiction of a court
Accessory Penalties
Article 40. Death Its accessory penalties. the death penalty, when it is not executed by reason of
commutation or pardon shall carry with it that of perpetual absolute disqualification and that of civil
interdiction during thirty years following the date of sentence, unless such accessory penalties have
been expressly remitted in the pardon.
Article 41. Reculusion perpetua and reclusion temporal their accessory penalties. the penalties of
reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life or
during the period of the sentence as the case may be, and that of perpetual absolute disqualification
which the offender shall suffer even though pardoned as o the principal penalty, unless the same shall
have been expressly remitted in the pardon.
Article 42. Prision mayor its accessory penalties. the penalty of prision mayor shall carry with it
that of temporary absolute disqualification 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 correccional its accessory penalties. the penalty of prision correccional shall
carry with it that of suspension from public office, from the right to follow a profession or calling, and
that of perpetual special disqualification from the right of suffrage, if the duration of said
imprisonment shall exceed eighteen months, the offender shall suffer the disqualifications 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 its accessory penalties. the penalty of arresto shall carry with it that of
suspension of the right to hold office and the right of suffrage during the term of the sentence.
Principal Penalties
Death

Reclusion perpetua and reclusion temporal

Accessory Penalties
a. Perpetual absolute disqualification
b. Civil interdiction for 30 years
// if not expressly remitted in the pardon
a. Civil interdiction for life or during the
sentence

Prision mayor

Prision correccional

Arresto

b. Perpetual absolute disqualification

// unless expressly remitted in the pardon of
the principal penalty
a. Temporary absolute disqualification
b. Perpetual special disqualification from
suffrage
// unless expressly remitted in the pardon of
the principal penalty
a. Suspension from public office, profession
or calling
b. Perpetual special disqualification from
suffrage, if the duration of imprisonment
exceeds 18 months
// unless expressly remitted in the pardon of
the principal penalty
a. Suspension of the right to hold office and
the right of suffrage during the term of the
sentence

Destierro has no accessory penalty

Persons who served out the penalty may not have the right to exercise the right of suffrage unless
pardoned:
a. Where the penalty is less than one year, disqualification does not attach, unless the crime
committed is one against property
b. When the penalty is more than one year, disqualification attaches regardless of the nature of
the crime
Need not be expressly imposed, they are deemed imposed
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 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 favour 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.
1. Every penalty imposed carries with it the forfeiture of the proceeds of the crime and the
instruments or tools used in the commission of the crime.
2. The proceeds and instruments or tools of the crime confiscated and forfeited in favour of the
Government.
3. Property of a third person not liable for the offense is not subject to confiscation or forfeiture.

4. Property not subject of lawful commerce (whether it belongs to the accused or to third person)
shall be destroyed.
No forfeiture when there is no criminal case
Courts cannot order the confiscation of property belonging to a third person if the latter is not indicted
Confiscation can be ordered only if the property is submitted in evidence or placed at the disposal of the
court
Articles which are forfeited, when the order of forfeiture is already final, cannot be returned even in
case of an acquittal
Confiscation and forfeiture are additional penalties, when the judgment is final it cannot be changed
anymore
When the accused has appealed, confiscation and forfeiture not ordered by the trial court may be
imposed by the appellate court
Application of Penalties
Article 46. Penalty to be imposed upon principals in general. 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.
1. Upon the principals
2. For consummated felony
Exception when the law fixes a penalty for frustrated or attempted felony
Degrees stages of execution consummated, frustrated or attempted
Degree of criminal participation principal, accomplice or accessory
Article 47. in what cases the death penalty shall not imposed; automatic review of death penalty
cases. death penalty shall be imposed in all cases in which it must be imposed under existing laws,
except when the guilty person is below (18) years of age at the time of the commission of the crime or
is more than seventy years of age or when upon appeal 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
twenty (20) days but not earlier than fifteen (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
ten (10) days after the filing thereof by the stenographic reporter. (As amended by R.A. No. 7659)
Majority vote of the Supreme Court is required for the imposition of the death penalty
Where life and liberty are at stake, all possible avenues to determine his guilt or innocence must be
accorded an accused, and no care in the evaluation of the facts can ever be overdone. A prior
determination by the Court of Appeals would minimize the possibility of an error of judgment
1987 Constitution merely suspended the imposition of the death penalty
R.A. No. 7659 restored the death penalty
R.A. No. 9346 prohibited the imposition of the death penalty
Death penalty is not imposed on the following cases:
1. When the guilty person is below 18 years of age at the time of the commission of the crime
2. When the guilt person is more than 70 years of age at the time the judgment became final
3. When upon appeal or automatic review of the case by the Supreme Court, the vote of eight
members is not obtained for the imposition of the death penalty
R.A. No. 296 is procedural and given retroactive effect (provides eight justices must concur in the
imposition of death penalty)
The trial court must require the prosecution to present evidence, despite plea of guilty when the crime
c3.harged is punished with death
Article 49. Penallty to be imposed upon the principals when the crime committed is different from
that intended. in cases in which the felony committed is different from that which the offender
intended to commit, the following rules shall be observed.
1. If the penalty prescribed for the felony committed be higher than that corresponding to the
offense which the accused intended to commit, the penalty corresponding to the latter shall
be imposed in its maximum period.
2. If the penalty prescribed for the felony committed be lower than that corresponding to the
one which the accused intended to commit, the penalty for the former shall be imposed in its
maximum period.
3. The rule established by the next preceding paragraph shall not be applicable if the acts
committed by the guilty person shall also constitute an attempt or frustration of another
crime, if the law prescribes a higher penalty for either of the latter offenses, in which case, the
penalty provided for the attempt or frustrated crime shall be imposed in the maximum
period.
Article 4 paragraph 1 Covers the following:

1. Aberratio ictus (mistake in blow)

2. Error in personae (mistake in identity) where article 49 applies
3. Praetor inetntionem (where a more serious consequence not intended by the offender befalls
the same person)
Applies when intended crime and crime actually committed are punished with different penalties
Article 50. penalty to be imposed upon principals of a frustrated crime. the penalty next lower in
degree than that prescribed by law for the consummated felony shall be imposed upon the principals
in a frustrated felony.
Article 51. penalty to be imposed upon principals of attempted crime. the penalty lower by two
degrees than that prescribed by law for the consummated felony shall be imposed upon the principals
in an attempt to commit a felony.
Article 52. penalty to be imposed upon accomplices in a consummated crime. the penalty next lower
in degree than that prescribed by law for the consummated felony shall be imposed upon the
accomplices in the commission of a consummated felony.
Article 53. penalty to be imposed upon accessories to the commission of a consummated felony. the
penalty lower by two degrees than that prescribed by law for the consummated felony shall be
imposed upon the accessories to the commission of a consummated felony.
Article 54. penalty to be imposed upon accomplices in a frustrated felony. the penalty next lower in
degree than that prescribed by law for the frustrated felony shall be imposed upon the accomplices in
the commission of a frustrated felony.
Article 55. penalty to be imposed upon accessories of a frustrated crime. the penalty lower by two
degrees than that prescribed by law for the frustrated felony shall be imposed upon the accessories to
the commission of a frustrated felony.
Article 56. penalty to be imposed upon accomplices in an attempted crime. the penalty next lower in
degree than that prescribed by law for an attempt to commit a felony shall be imposed upon the
accomplices in an attempt to commit the felony.
Article 57. penalty to be imposed upon accessories of an attempted crime. the penalty lower by two
degrees than that prescribed by law for the attempt shall be imposed upon the accessories to the
attempt to commit a felony.
Conssummated
Frustrated
Attempted
Principals
0
-1
-2
Accomplices
-1
-2
-3
Accessories
-2
-3
-4
Shall not apply where the law expressly prescribes the penalty for a frustrated or attempted felony, or
to be imposed upon accomplices or accessories

Penalties based on:

1. stage of commitment
2. degree of participation
3. aggravating or mitigating circumstance
Degree:
1.
2.
3.
4.

reclusion perpetua
reclusion temporal
prision mayor
etc.

Period:
1. minimum
2. medium
3. maximum
Article 58. Additional penalty to be imposed upon certain accessories. those accessories falling
within the terms of paragraph 3 of Article 19 of this Code who should act with abuse of their public
functions, shall suffer the additional penalty of absolute perpetual disqualification if the principal
offender shall be guilty of a grave felony, and that of absolute temporary disqualification if he shall be
guilty of a less grave felony.
Applies only to public officers
Absolute perpetual disqualification grave felony
Absolute temporary disqualification less grave felony
None for light felonies because there is no accessory for light felonies
Article 59. Penalty to be imposed in case of failure to commit the crime because the means employed
or the aims sought are impossible. when the person intending to commit an offense has already
performed the acts for the execution of the same but nevertheless the crime was not produced by
reason of the fact that the act intended was by its nature one of impossible accomplishment or
because the means employed by such person are essentially inadequate to produce the result desired
by him, the court, having in mind the social danger and the degree of criminality shown by the
offender, shall impose upon him the penalty of arresto mayor or a fine ranging from 200 to 500 pesos.
Penalty for impossible crime:
1. arresto mayor, or
2. fine from 200 to 500 pesos
limited to acts of less grave or grave felonies

Article 60. exceptions to the rules established in Articles 50 to 57. the provisions conained in
Articles 50 to 57, inclusive, of this Code shall not be applicable to cases in which the law expressly
prescribes the penalty provided for a frustrated or attempted felony, or to be imposed upon
accomplices or accessories.
Accomplice punished as principals:
1. the ascendants, guardians, curators, teachers and any person who by abuse of authority or
confidential relationship, shall cooperate as accomplices in the crimes of rape, acts of
lasciviousness, seduction, corruption of minors, white slave trade or abduction. (Art. 346)
2. One who furnished the place for the perpetration of the crime of slight illegal detention. (Art.
268)
Accessory punished as principal
1. Knowingly concealing certain evil practices
Accessories punished one degree lower, instead of two degrees
1.
2.
3.
4.

Knowingly using counterfeited seal or forged signature or stamp of the President (Art. 162)
Illegal possession and use of a false treasure or bank note. (Art. 168)
Using a falsified document. (Art. 173 par. 3)
Using a falsified dispatch. (Art. 173 par. 2)

Article 61. Rules for graduating penalties. for the purpose of graduating the penalties which,
according to the provision of Articles 50 to 57, inclusive, of this Code, are to be imposed upon persos
guilty as principals of any frustrated or attempted felony, or as accomplices or accessories, the
following rules shall be observed:
1. When the penalty prescribed for the felony is single and indivisible, the penalty next lower in
degree shall be that immediately following that indivisible penalty in the respective graduated
scale prescribed in Article 71 of this Code.
2. When the penalty prescribed for the crime is composed of two indivisible penalties, or of one
or more divisible penalties to be imposed to their full extent, the penalty next lower in degree
shall be that immediately following the lesser of the penalties prescribed in the respective
graduated scale.
3. When the penalty prescribed for the crime is composed of one or two indivisible penalties and
the maximum period of another divisible penalty, the penalty next lower in degree shall be
composed of the medium and minimum periods of the proper divisible penalty and the
maximum period of that immediately following in said respective graduated scale.
4. When the penalty prescribed for the crime is composed of several periods, corresponding to
different divisible penalties, the penalty next lower in degree shall be composed of the period
immediately following the minimum prescribed and of the two next following, which shall be

taken from the penalty prescribed if possible; otherwise from the penalty immediately
following in the above mentioned respective graduated scale.
5. When the law prescribes a penalty for a crime in some manner not specially provided for in
the four preceeding rules, the court, proceeding by analogy, shall impose the corresponding
penalties upon those guilty as principals of the frustrated, or of attempt to commit the same,
and upon accomplices and accessories.
Rules:
1.
2.
3.
4.

For principal in frustrated felony one degree lower;

For principal in attempted felony two degrees lower;
For the accomplice in consummated felony one degree lower
For the accessory in consummated felony two degrees lower

Scale no. 1 in Article 71

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.

Death (indivisible)
Reclusion perpetua (indivisible)
Reclusion temporal (divisible)
Prision mayor (divisible)
Prision correccional (divisible)
Arresto mayor (divisible)
Destierro (divisible)
Arresto menor (divisible)
Public censure (indivisible)
Fine

Simplified rules:
1. If the penalty prescribed by the Code consists in three periods, corresponding to different
divisible penalties, the penalty next lower in degree is the penalty consisting in the three periods
down in the scale.
2. If the penalty prescribed by the Code consists in two periods, the penalty next lower in degree is
the penalty consisting in two periods down in the scale.
3. If the penalty prescribed by the Code consists in only one period, the penalty next lower in
degree is the next period down in the scale.
It is only after the penalty next lower in degree is already determined that the mitigating and/or
aggravating circumstances should be considered.
Habitual delinquent requisites:
1. that the offender had been convicted of any of the crimes of serious or less serious physical
injuries, robbery, theft, estafa, or falsification.

2. That after that conviction or after serving his sentence, he again committed, and, within 10
years from his release or first conviction, he was again convicted of any of the said crimes for
the second time; and
3. That after his conviction of, or after serving sentence for, the second offense, he again
committed, and, within 10 years from his last release or last conviction, he was again convicted
of any of said offense, the third time or oftener
Additional penalties for habitual delinquent:
1. Third time penalty provided by law for the last crime which he is found guilty and to the
additional penalty of prision correccional in its medium and maximum periods
2. Fourth time - penalty provided by law for the last crime which he is found guilty and to the
additional penalty of prision mayor in its minimum and medium periods
3. Fifth time or more - penalty provided by law for the last crime which he is found guilty and to
the additional penalty of prision mayor in its maximum period and reclusion temporal in its
minimum period
4. Total penalties not to exceed 30 years
Article 63
Rules on applying mitigating and aggravating circumstances
1. If the law prescribes one indivisible penalty the courts shall impose the indivisible penalty no
matter how many mitigating or aggravating circumstances are present
2. If the law prescribe two indivisible penalty
a. With mitigating circumstance the lower of the two
b. With aggravating circumstance the higher of the two
c. With no mitigating or aggravating circumstance the lower of the two
d. With both mitigating and aggravating offset the two
Article 64
1. If the law prescribes the penalty with 3 periods
a. With no aggravating or mitigating medium period
b. Mitigating minimum
c. Aggravating maximum
d. Mitigating and aggravating offset the two
e. Two or more mitigating and no aggravating penalty next lower in the period applicable
f. The courts cannot impose a higher penalty than prescribed by law no matter how many
aggravating circumstances are present
g. The courts has discretion to impose the penalty within the limits fixed by law
Article 65
if the penalty is not composed of three periods, divide the duration to 3.

Article 66
1. The court can fix any amount of the fine within the limits established by law
2. The court may consider
a. The mitigating and aggravating circumstances; and
b. More particularly, the wealth or means of the culprit
Article 67
If not all requisites of accident are present
1. Arresto mayor in its maximum to prission correccional in its minimum if grave felony
2. Arresto mayor in its minimum and medium if less grave felony
Article 68
1. Below 15, exempt
2. 15-18 exempt if acted without discernment
a. If with discernment diversion program
b. If diversion program fails the penalty next lower than that prescribed by law
Article 69
When the crime is not wholly excusable, a penalty lower by one or two degrees than that prescribed by
law shall be imposed
Article 70
Successive execution of penalties
Cannot be more than 3 times the penalty of most severe AND cannot be more than 40 years in
succession
According to severity
Article 71
Graduated scales
1.
2.
3.
4.
5.
6.
7.
8.

Death
Reclusion perpetua
Reclusion temporal
Prision mayor
Prision correccional
Arresto mayor
Destierro
Arresto menor

9. Public censure
10. Fine
Scale 2
1. Perpetual absolute disqualification
2. Temporary absolute disqualification
3. Suspension from public office, the right to vote and be voted for, and the right to follow a
profession or calling
4. Public censure
5. Fine
Article 72
Civil liabilities to be paid based on dates of final judgment
Article 73
Accessory penalties are deemed imposed
Article 74
Death cannot be the penalty next higher in degree when not provided by law
Article 75
Increasing or decreasing fine by of the maximum, minimum cannot be changed
If minimum is not defined, you cannot increase it beyond the maximum
Article 76
Maximum minimum / 3, arresto mayor does not follow8*8+
Penalty
Reclusion temporal
Prision mayor
Prision correctional
Arresto mayor
Arresto menor

Duration
12 years 1 day to 20 years
6 years 1 day to 12 years
6 months 1 day to 6 years
1 month 1 day to 6 months
1 day to 30 days

Article 89
Extinction of criminal liability
1. Death of the convict as to the personal penalties, death before final judgment as to pecuniary
penalties

2.
3.
4.
5.
6.
7.

Service of the sentence

Amnesty
Absolute pardon
Prescription of the crime
Prescription of the penalty
Marriage of the offended woman