TITLE THREE a.

Retribution or expiation the penalty

PENALTIES
Chapter 1
Penalty the suffering that is inflicted by the
State for the transgression of a law.
Concept of penalty it signifies pain;
especially considered in the juridical sphere, it
means suffering undergone, because of the
actions of human society, by one who
commits a crime.
is commensurate with the gravity of
the offense.
b. Correctional or reformation regulate
the execution of the penalties
consisting in deprivation of liberty.
c. Social defense shown by its
inflexible severity to recidivists and
habitual delinquents.
Constitutional restrictions on penalties
excessive fines shall not be imposed, nor cruel
and unusual punishment inflicted.

Different juridical conditions of penalty: Cruel and unusual punishment when it is so

disproportionate to the offense committed as
1. Must be productive of suffering to shock the moral sense of all reasonable
2. Must be commensurate with the men as to what is right and proper under the
offense circumstances.
3. Must be personal
4. Must be legal
5. Must be certain
Article 21. Penalties that may be imposed.
6. Must be equal
No felony shall be punishable by any penalty
7. Must be correctional
not prescribed by law prior to its
commission.

Purpose of the State in punishing crimes to An act or omission cannot be punished by the
secure justice. State if at the time it was committed there
was no law prohibiting it.
Theories justifying penalties:
Subsidiary penalty for a crime cannot be
a. Prevention to prevent or suppress imposed, if it was not prescribed by law prior
the danger to the State. to its commission.
b. Self-defense to protect society from
the threat and the wrong inflicted by
the criminal.
Article 22. Retroactive effect of penal laws.
c. Reformation object of punishment is
Penal laws shall have retroactive effect in
to correct and reform offender.
so far as they favor the person guilty of a
d. Exemplarity to deter others from
felony, who is not habitual criminal, as this
committing crimes.
term is defined in Rule 5 of Article 62 of this
e. Justice an act of retributive justice, a
Code, although at the time of publication of
vindication of absolute right and
such laws a final sentence has been
moral law violated by the criminal.
pronounced and the convict is serving the
Social defense and exemplarity justify the same.
penalty of death When a person has proved
himself to be a dangerous enemy of society,
the latter must protect itself from such enemy
by taking his life in retribution for his offense
and as an example and warning to others.

Three-fold purpose: