Classification of Penalties Principal Penalties: Capital Punishment

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The key takeaways are that there are different classifications of penalties under Philippine law including capital, afflictive, correctional, and light penalties. It also discusses the durations of principal penalties such as reclusion perpetua, reclusion temporal, prision mayor, etc. and includes a table showing the duration included in the minimum, medium and maximum periods of divisible penalties.

The different classifications of penalties under Philippine law include capital, afflictive, correctional, and light penalties. Capital punishment is prohibited. Afflictive penalties include reclusion perpetua, reclusion temporal, perpetual or temporary absolute disqualification. Correctional penalties include prision correccional, arresto mayor, suspension, and destierro.

The durations of the principal penalties are: Reclusion perpetua is 20 years and 1 day to 40 years. Reclusion temporal is 12 years and 1 day to 20 years. Prision mayor and temporary disqualification is 6 years and 1 day to 12 years. Prision correccional, suspension, and destierro is 6 months and 1 day to 6 years. Arresto mayor is 1 month and 1 day to 6 months.

CLASSIFICATION OF PENALTIES

PRINCIPAL PENALTIES
DEATH
CAPITAL PUNISHMENT:
– Prohibited under RA 9346

 Reclusion Perpetua;
 Reclusion Temporal;
 Perpetual or temporary
AFFLICTIVE absolute disqualification;
 Perpetual or temporary
special disqualification;
 Prision mayor.

 Prision Correccional;
 Arresto Mayor;
CORRECTIONAL PENALTIES  Suspension;
 Destierro.
 Arresto Menor;
LIGHT PENALTIES
 Public Censure;
PENALTIES COMMON TO THE  Fine; and
THREE PRECEDING CLASSES  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 proceeds of the
offense
 Payment of costs.

FINE
Exceeds 1.2M
(whether imposed as a single or
AFFLICTIVE alternative penalty)

Does not exceed 1.2M but is not


CORRECTIONAL less than 40k

LIGHT PENALTY Less than 40k.


DURATION OF PENALTIES
RECLUSION PERPETUA 20 years and 1 day to 40 years.

RECLUSION TEMPORAL 12 years and 1 day to 20 years


6 years and 1 day to 12 years
PRISION MAYOR AND ***Exc: when the penalty of
TEMPORARY disqualification is imposed as an
DISQUALIFICATION accessory penalty, in which case, its
duration shall be that of the principal.
6 months and 1 day to 6 years
PRISION CORRECCIONAL, ***Exc: when suspension is imposed as
an accessory penalty, in which case, its
SUSPENSION, AND DESTIERRO duration shall be that of the prinicipal
penalty.
1 month and 1 day to 6
ARRESTO MAYOR
months.
ARRESTO MENOR 1 day to 30 days
Required to cover such period of
BOND TO KEEP THE PEACE
time as the court may determine.

COMPUTATION OF PENALTIES
Offender shall be in Term of duration shall be
computed from the day on which
prison the judgment of conviction shall
have become final.
Offender not in prison Term of duration of the penalty
consisting the 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.
Other penalties:
Duration shall be computed only
from the day on which the
defendant commences to serve
his sentence.
TABLE OF THE DURATION OF DIVISIBLE PENALTIES AND
THE TIME INCLUDED IN EACH OF THEIR PERIODS
TIME INCLUDED TIME INCLUDED TIME INCLUDED TIME INCLUDED
PENALTIES IN THE PENALTY IN ITS MINIMUM IN ITS MEDIUM IN ITS MAXIMUM
IN ITS ENTIRETY PERIOD PERIOD PERIOD
RECLUSION 14 years, 8
17 years and 4
TEMPORAL 12 years and 1 12 years and 1 months and 1
months and 1
day to 20 day to 14 and day to 17
day to 20
years 8 months years and 4
years
months
PRISION MAYOR,
ABSOLUTE
6 years and 1 8 years and 1 10 years and 1
DISQUALIFICATIO 6 years and 1
day to 12 day to 10 day to 12
N AND day to 8 years
years years years
TEMPORARY
DISQUALIFICATION
PRISION 6 months and 2 years, 4
CORRECCIONAL, 6 months and 4 years, 2
1 day to 2 months and 1
SUSPENSION AND 1 day to 6 months and 1
years and 4 day to 4 years
DESTIERRO years day to 6 years
months and 2 months
ARRESTO MAYOR 1 month and 1 2 months and 4 months and
1 month to 2
day to 6 1 day to 4 1 day to 6
months
months months months
ARRESTO MENOR 1 to 30 days 1 to 10 days 11 to 20 days 21 to 30 days

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