Minimum Medium Maximum

Penalty Type Scale Crimes

Min Max Min Max Min Max

Treason, Piracy, Qualified Piracy, Qualified Bribery,

Parricide, Murder, Infanticide, Kidnapping and
Serious Illegal Detention, Robbery with Homicide,
Death Capital Principal Destructive Arson, Rape with homicide, Plunder,
Certain Violations of the Dangerous Drugs Act,
Carnapping

20 yrs and 1
Reclusion Perpetua Afflictive Principal 40 yrs
day

14 yrs, 8 17 yrs, 4
12 yrs & 1 14 yrs & 8 17 yrs & 4
Reclusion Temporal Afflictive Principal mos and 1 mos & 1 20 yrs Homicide
day mos mos
day day

Perpetual or Principal / 6 yrs & 1 8 yrs & 1 10 yrs & 1

temporary absolute Afflictive 8 yrs 10 yrs 12 yrs
Accessory day day day
disqualification
Perpetual or Principal / 6 yrs & 1 8 yrs & 1 10 yrs & 1
temporary special Afflictive 8 yrs 10 yrs 12 yrs
Accessory day day day
disqualification

6 yrs & 1 8 yrs & 1 10 yrs & 1

Prision Mayor Afflictive Principal 8 yrs 10 yrs 12 yrs
day day day

6 mos & 1 2 yrs & 4 2 yrs, 4 mos 4 yrs & 2 4 yrs, 2 mos
Prision Correccional Correctional Principal 6 yrs
day mos & 1 day mos & 1 day

2 mos & 1 4 mos & 1

Arresto Mayor Correctional Principal 1 month 2 mos 4 mos 6 mos
day day
 6 mos & 1
Suspension Correctional Principal 6 yrs
day

6 mos & 1
Destierro Correctional Principal 6 yrs
day

Arresto Menor Light Principal 1 day 10 days 11 days 20 days 21 days 30 days

Public Censure Light Principal

Suspension from
Public Office, the
right to vote and be Accessory
voted for, the
profession or calling

Civil Interdiction Accessory

Indemnification Accessory
Forfeiture or
confiscation of Accessory
instruments and
proceeds

Payment of costs Accessory

Bond to keep the

peace

Alternative Penalty
Preventive
Imprisonment

Censure NO TERM
 Accessory Penalties Remarks
(Need not be expressly imposed)

Accessory Penalties (if not remitted in the pardon)

RA 9346 prohibited the imposition of death penalty
1. Perpetual absolute disqualification
2. civil interdiction 30 years following the date of
sentence

Accessory Penalties

1. Civil Interdiction for life or during the period of

the sentence
2. Perpetual absolute disqualification even though
pardoned unless remitted

Accessory Penalties

1. Civil Interdiction for life or during the period of

the sentence
2. Perpetual absolute disqualification even though
pardoned unless remitted

* Disqualification is withholding of privilege, not denial of right

* When imposed as an accessory penalty, duration shall be that of
the principal penalty

Effects:

1. Deprivation of public offices and employments

2. Deprivation of the right to vote and to be elected
3. Disqualification to Public Offices and employment and for the
exercise of the rights mentioned
4. Loss of all rights to retirement pay and pension for any office held

Perpetual Absolute Disqualification:

*effective during the lifetime even after the service of the sentence
*accessory to life imprisonment

Temporary Absolute Disqualification: effective during the term of

the sentence except P1 and P4
 * When imposed as an accessory penalty, duration shall be that of
the principal penalty

Effects: (Article 31)

1. Deprivation of public office, employment, profession or calling

2. Disqualification for holding similar offices or employments either
perpetually or during the term of the sentence, according to the
extent of the disqualification

Right of Suffrage Effects: (Article 32)

1. perpetually disqualified from holding public office or right to vote
2. disqualified during the term from holding public office or right to
vote

Accessory Penalties

1. Temporary absolute disqualification

2. Perpetual special disqualification from the right of suffrage even
though pardoned unless remitted through pardon

Accessory Penalties * subsidiary imprisonment shall not exceed 1/3 of the term of the
sentence, shall not continue for more than 1 year and no fraction or
1. Suspension from public office part of day shall be counted against the prisoner
2. right to follow a profession or calling
3. perpetual special disqualification from the right of * when principal penalty is higher the prision correcional, no
suffrage subsidiary imprisonment shall be imposed

Accessory Penalties (during the term of the * subsidiary imprisonment shall not exceed 1/3 of the term of the
sentence) sentence, shall not continue for more than 1 year and no fraction or
part of day shall be counted against the prisoner
1. Suspension from public office
2. right of suffrage
 * when imposed as an accessory penalty, duration shall be that of the
principal penalty

Effects:

* suspension from public office, profession or calling and right of

suffrage during the term of the sentence

* disqualify from public office, profession or calling and right of

suffrage during the term of the sentence

* P8.00 per day of suspension

* Constitutes deprivation of liberty

* If the penalty is from aresto menor and the max penalty is
* NO accessory penalty destierro, he shall be released after 30 days of preventive
imprisonment because he does not serve it in prison but shall be
prohibited from entering the area specified in the sentence

Accessory Penalties (during the term of the

sentence) * subsidiary imprisonment shall not exceed 1/3 of the term of the
sentence, shall not continue for more than 1 year and no fraction or
1. Suspension from public office part of day shall be counted against the prisoner
2. right of suffrage

Effects: Shall deprive the offender of the:

1. right of parental authority or guardianship

2. right of marital authority
3. right to manage property
4. right to dispose property inter vivos

NOTE: Can dispose property mortis causa

*Every penalty imposed for the felony shall carry with it the
confiscation or forfeiture of the proceeds of the crime in favor of the
government unless they be property of a third person not liable for
the offense

* Property not subject for lawful commerce shall be destroyed

regardless who owns

* No criminal offense = no forfeiture, accused must be convicted first

* Confiscation and Forfeiture are additional penalties hence cannot

be imposed thru modification of the given sentence; but if the
accused appeals and the appellate court found reason to add, it may
do so

* shall be required to cover such period of time as the court may

determine:

Afflictive - over P6000

Correccional - 200 to 6000
Light Penalty - less than 200

Effects:

1. 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, otherwise he
shall required to pay the bond.

2. Failure to give the bond shall require the offender to be detained

for a period not exceeding 6 months

NOTE: This is different from bail bond which is for the provisional
release of a person arrested for a crime

Article 26
Afflictive - over P6000
Correccional - 200 to 6000
Light Penalty - less than 200
* Full time or the 4/5 credit is given to Deprivation of Liberty Cases
only provided he agrees into writing to abide by the disciplinary rules
imposed upon convicted prisoners; except to recidivist or habitual
delinquent and those who failed to surrender voluntarily when
summoned for the enforcement of the penalty;

* does not apply if the offense is punishable by fine only

* if the offender is a youth, abiding to the rules is not required (PD

603, Article 197)

* Applies to Destierro

* Accused should be released if the penalty is less than the full time
or 4/5 of the time of PI

* Accused should be released if he undergone PI equal or more than

the possible maximum penalty

* no subsidiary liability since no fixed duration

* not to be executed by confinement
Description NOTES

Effects:
1. shall not restore the right to public office and suffrace unless expressly stated in the terms of the pardon
2. shall not exempt civil indemnity

Limitations
1. exercised only after conviction by final judgment (Article VII, Section 19)
2. does not extend to cases of impeachment

Exception:
1. Pardon granted in general terms does not include accessory penalty unless expressly stated
2. If granted after the term of imprisonment, accessory penalties are removed

Chief Executive Pardon

Pardon 1. Extinguishes criminal Liability
2. cannot include civil liability
3. granted only after conviction and may be extended to any of the offenders

Offended Party Pardon

1. Criminal liability not extinguished

2. Can waive the civil liability
3. should be given before the institution of criminal prosecution and must be extended to both offenders

Absolute Pardon

Pardon is not needed since disqualification does not attach if the penalty is less than 1 year except if the
crime committed is against property; in the case of the latter pardon must be granted

* cost and indemnities in the course of judicial proceedings (fixed or unalterable)

* chargeable to the accused in case of conviction
Costs (Art.37) * de oficio in case of acquittal (each party bears their own expenses)
* No cost against the Republic of the Philippines unless provided by law (sec 1, Rule 142, Rules of Court)
* Payment of Cost is discretionary to the courts
 Order of Payment - In case the property of the offender is not sufficient for the payment of his pecuniary
liabilities, the same shall be met in the following order:

Pecuniary 1. The reparation of damage (torn dress of a woman raped, must be replaced)
Liabilities (Art. 2. Indemnification of the consequential damages
38) 3. The fine
4. The costs of proceedings

NOTE: If the offender has sufficient property, article does not apply. No subsidiary penalty of 1, 2 and 4

If the convict has no property to meet the fine

* One day = P8.00 (RPC) , P2.50 (Special Law), P1.00 (Municipal or City of manila)
* when the principal penalty is fine, the subsidiary imprisonment shall not exceed 6 months (grave or less
grave) and 15 days (light felonies)
* subsidiary penalty by reason of insolvency shall not relieve from the fine in case his financial circumstances
improve
* Judgement of conviction is required to impose subsidiary personal liability
* when principal penalty is higher the prision correcional, no subsidiary imprisonment shall be imposed
* NOT an ACCESSORY PENALTY
* no subsidiary penalty even if not higher than PC when offender is habitual delinquent and deserves RP
* no subsidiary penalty if the fine + not to be executed by imprisonment and destierro
* if penalty is imprisonment, SP = imprisonment (destierro=destierro and suspension=suspension)

Applies to the following sentences:

Subsidiary
Penalty * prision correcional
* arresto mayor
* arresto menor
* suspension
* destierro
* fine

Rule 1:

Requisite: Not exceeding 6 years (Penalty), not exceeding 1 year (SP), not to exceed 1/3 of the term
(sentence)
Penalty: P4000.00 (Fine) + 4 years, 9 months, 10 days

P4000.00 divided by P8.00 = 500 days (equivalent SP)

365 x 4yrs (1460) + 30d x 9mos (270) + 10 days = 1740/3 (1/3 of the term) --> 580 days (supposedly)
365 days = To be served SP because of the requisite not to exceed 1 year

Rule 2:

Requisite: Fine only, not exceeding 6 months

Penalty: P800.00 (Fine)

P800.00 / P8 = 100 days --> 3 mos and 10 days (OK) since it does not exceed 6 months

NOTE: if fine is below 200 (i.e 160), SP cannot exceed 15 days --> arresto menor is 30 days (Art.9)

Afflictive - over P6000

Correccional - 200 to 6000
Light Penalty - less than 200

NOTE: It is the penalty actually imposed by the court which should be considered and not the penalty
imposed by the RPC for such crime

NO SUBSIDIARY PENALTY ON THE FOLLOWING:

* No subsidiary penalty of 1, 2 and 4 Pecuniary Liabilities

* If penalty is higher thatn Prision Correcional
* If the penalty imposed if fine + penalty not to be executed by confinement and which has no fixed duration
* No subsidiary penalty for nonpayment of taxes
Requisite: Fine only, not exceeding 6 months
Penalty: P800.00 (Fine)

P800.00 / P8 = 100 days --> 3 mos and 10 days (OK) since it does not exceed 6 months

NOTE: if fine is below 200 (i.e 160), SP cannot exceed 15 days --> arresto menor is 30 days (Art.9)

Afflictive - over P6000

Correccional - 200 to 6000
Light Penalty - less than 200

NOTE: It is the penalty actually imposed by the court which should be considered and not the penalty
imposed by the RPC for such crime

NO SUBSIDIARY PENALTY ON THE FOLLOWING:

* No subsidiary penalty of 1, 2 and 4 Pecuniary Liabilities

* If penalty is higher thatn Prision Correcional
* If the penalty imposed if fine + penalty not to be executed by confinement and which has no fixed duration
* No subsidiary penalty for nonpayment of taxes
Offender Consummated Frustrated Attempted
Principal Death Reclusion Perpetua 1 Reclusion Temporal 2
Accomplice Reclusion Perpetua 1 Reclusion Temporal 2 Prision Mayor 3
Accessory Reclusion Temporal 2 Prision Mayor 3 Prision Coreccional 4
Penalty Type
Temporary Absolute Disqualificatio Temporary Penalties
Temporary Special Disqualification Temporary Penalties
Suspension Temporary Penalties
Imprisonment Deprivation of liberty
Destierro Deprivation of liberty
Graduation of penalties by degrees refers to the stages of execution and the criminal
participation of the offender
Death Penalty requires majority vote of the SC members (8) for its imposition but
will not cover below 18 and more than 70 years old
Social defense and exemplarity are the defense of the imposition of Death Penalty

Complex Crimes - When a single act constitutes two 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

* At least 2 crimes must be committed (grave or less grave)

* A complex crime is only constitute one crime because there is only one criminal
intent

2 Kinds of COmplex crime

1. when a single act constitutes 2 or more grave or less grave felonies (compound
crime)
* only a single act is performed
* single act produces
- 2 or more grave felonies
- 1 grave or 1 less grave
- 2 or more less grave

2. when an offense is a necessary means for committing the other crime (complex
crime proper)