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 duration shall be that
of the principal penalty.
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 disqualification 6 yrs. & 1 day – 12 yrs.

Prision correccional, suspension, and destierro 6 mos. & 1 day – 6 yrs.

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 judgment of

Rule 1 in prison
conviction becomes final.
from the day that the offender is placed at
Rule 2 not in
the disposal of judicial authorities for the
prison
enforcement of the penalty.
Rule 3 other from the day on which the offender
penalties commences to serve 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 upon convicted prisoners,
except in the following cases:
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 imprisonment.
(As amended by Republic Act 6127, June 17, 1970).
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. No. 214, July
10, 1988).
 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 and 1 day.
 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 reason for this is that in destierro, the accused sentenced
to that penalty does not serve it in prison. He is free, only that he cannot
enter the prohibited area specified in the sentence.
 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 other pension for
any office formerly held.
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.