Art.

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,Distierro Light Penalties: Arresto menor, Public censure Penalties common to the 3 preceding classes: Fine, 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 cost -

o Correct term = reclusion perpetua o RPC abolished the penalty of cadena perpetua People vs. De la Cruz o life imprisonment denominated as reclusion perpetua o Technical term is the penalty that carries with it the imposition of accessory penalties People vs. Lugtu o Imposition of cadena perpetua = error o Was imposed by the Spanish Penal Code of 1870 & repealed by RPC o Not imposed = barbarous, cruel & unusual punishment Penalty of life imprisonment o RPC does not prescribe such penalty o Imposed for serious offenses penalized by special laws o Does not have definite extent or duration Reclusion Perpetua o Imprisonment for at least 30 yrs. o Eligible for parole after such period o Carries accessory penalties o Different from life imprisonment y RA. 7659 = reclusion perpetua o 20 years and 1 day to 40 years

RA. 9346 = prohibited imposition of death penalty Signed = June 24, 2006 Imposed penalty of reclusion perpetua

Penalties w/c may be imposed are those included in Art. 25 ONLY: Classification of penalties (principal & accessory): U.S. vs. Avillar o Sentence of 5 yrs. In Bilibid = defective o Does not specify specific penalty prescribed in RPC U.S. vs. Mendoza, People vs. Limaco o Penalty - Imprisonment & hard labor = cannot be imposed o Not authorized by RPC People vs. Abletes o Penalty life imprisonment or cadena perpetua = erroneous designation Principal penalties o Expressly imposed by the court in the judgment of conviction o May be classified into (divisibility):  Divisible = those that have fixed duration and divisible into 3 periods  Indivisible = have no fixed duration y Death y Reclusion perpetua 1

y y -

Perpetual absolute or special disqualification Public censure -

Accessory penalties o Deemed included in the imposition of the principal penalties

Classification of penalties (subject-matter) Corporal (death) Deprivation of freedom o Reclusion, prision, arresto Restriction of freedom o Distierro Deprivation of rights o Disqualification & suspension Pecuniary (fine)

Avoid the impression of approval or admiration of such conduct upon acquittal People vs. Abellera o Reprimanded by court o Charge was infidelity in the custody of public documents = acceptance of free meals & transportation from litigants o Acquitted o

Penalties (principal or accessory) Principal or accessory (formed in 2 general classes) o Perpetual or temporary absolute disqualification o Perpetual or temporary special disqualification o Suspension Art. 236 o Punishing crime of anticipation of duties of a public office o Suspension for principal penalty Art. 226, 227 & 228 o Punishing infidelity of public officers in the custody of documents o Temporary special disqualification for principal penalty

Classification of penalties (gravity) Capital Afflictive Correctional Light * Classification of felonies in Art. 9 (grave, less grave, light) -

Public censure A penalty People vs. Abellera = Not proper in acquittal Whether the accused is guilty or not o Guilty = court acquires jurisdiction to impose penalty o Not guilty = court has no jurisdiction * guilt must precede punishment (Gomez vs. Concepcion)

Art. 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. When imposed as a single or as an alternative penalty Alternative penalty o Art. 144 = punishing disturbance of proceeding  Arresto mayor  Fine (P200 to P1,000) Single penalty o Fine of P200 to P6,000

Court acquitting the accused may criticize his acts or conduct Competent court (in acquittal of accused) o Permit criticization or reprehension of acts & conduct

Penalties cannot be imposed in the alternative 2

People vs. Tabije, People vs. Mercadejas o Alejandro Mercadejas = violated RA. 145 o Sentenced  fine of P1,000; or  imprisonment of 2 yrs. & pay the cost o law does not permit the court to impose a sentence in the alternative o indicate penalty imposed = definitely & positively

Art. 26 classifies fine & has nothing to do w/ the definition of light felony light felony = punishable by arresto menor or a fine not exceeding P200 o light penalty = fine is less than P200 (Art. 9 par. 2) less grave felony = correctional (Art. 9 par. 3) o correctional = not less than P200 & does not exceed P6,000 fine is exactly P200 = light or less grave felony? (Art. 26) o light felony (Art. 9 par. 3)

Prision correccional, suspension, and distierro The duration of the penalties of prision correccional, suspension, and distierro shall be from 6 months and 1 day to 6 years, except when the 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 1 month and 1 day to 6 months. Arresto menor The duration of the penalty of arresto menor shall be from 1 day to 30 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 RA. 7659, approved on December 13, 1993) Duration of each of different penalties Reclusion perpetua = 20 yrs. & 1 day to 40 yrs. Reclusion temporal = 12 yrs. & 1 day to 20 yrs. Prision mayor & temporary disqualification = 6 yrs. & 1 day to 12 yrs. o Disqualification is accessory = duration is that of principal penalty Prision correccional, suspension, & distierro = 6 mons. & 1 day to 6 yrs. o Suspension is accessory = duration is that of principal penalty Arresto mayor = 1 mons. & 1 day to 6 mons. Arresto menor = 1 day to 30 days Bond to keep the peace = period during w/c the bond shall be effective is discretionary on the court

Fines: Afflictive = over P6,000.00 Correctional = P200 to P6,000 Light penalty = less than P200

Bond to keep the peace: Afflictive = over P6,000 Correctional = P200 to P6,000 Light penalty = less than P200

Temporary disqualification & suspension = imposed as accessory penalties Different durations Follows the duration of principal penalty Penalty = arresto mayor o Accessory penalty of suspension of right to hold office & right to suffrage (Art. 44) = arresto mayor

Art. 27 Reclusion perpetua The penalty of reclusion perpetua shall be from 20 years and 1 day to 40 years. Reclusion temporal The penalty of reclusion temporal shall be from 12 years and 1 day to 20 years. Prision mayor and temporary disqualification The duration of the penalties of prision mayor and temporary disqualification shall be from 6 years and 1 day to 12 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.

Distierro case when imposed? Serious physical injuries or death under exceptional circumstances (Art. 247) Case of failure to give bond for good behavior (Art. 248) 3

Penalty for concubine in concubinage (Art. 334) Cases where after reducing penalty by 1 or more degrees distierro is the proper penalty

Bond to keep the peace = not specifically provided as penalty by RPC Cannot be imposed by court Art. 248 = bond for good behavior o Required for person making grave or light threat o Not required in cases involving other crimes

Service of sentence (in prison) = begins on the day when judgment of conviction becomes final People vs. Enriquez o Accused already in jail = judgment was received o Fact of custody = mere appellant pending appeal o Receipt of CA decision = does not change detention into service of judgment o Reading of CA decision = still necessary to actual commitment of accused o

Temporary penalties (examples) Temporary absolute disqualification Temporary special disqualification Suspension *Rules: o Under detention (undergoing preventive imprisonment) = rule 1 o Not under detention (released on bail) = rule 3

Art. 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 computation: Offender is in prison (Rule 1) o Duration of temporary penalties = from the day on w/c judgment of conviction becomes final offender not in prison (Rule 2) o duration (deprivation of liberty) = from the day that the offender is placed at the disposal of judicial authorities for the enforcement of penalty duration of other penalties (Rule 3) o duration = from the day on w/c the offender commences to serve his sentence Ocampo vs. Court of Appeals o Accused = in custody, appealed o Service of sentence = should start from the date of promulgation of decision of appellate court o Not from date of judgment was promulgated Baking vs. Director of Prisons

Deprivation of Liberty (examples) Imprisonment Distierro * Rules: o Not in prison = rule 2 o Undergoing preventive imprisonment = Computed from the day on w/c defendant commences to serve his sentence (rule 3)  Entitled to deduction of full time or 4/5 of time of detention

* Reason for rule 1 = duration of temporary penalties shall be computed only from the day of judgment of conviction becomes final, not from day of detention, under Art. 24 the arrest & temporary detention of accused is not considered a penalty Art. 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: 4

1. When they are recidivists, or have been convicted previously twiced 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 of the proceeding in appeal, if the same is under review. In case the maximum penalty to which the accused may be sentenced is distierro, he shall be released after 30 days of preventive imprisonment. (as amended by RA. 6127, & EO. 214) Preventive imprisonment When o offense charged is nonbailable o if bailable = cannot furnish the required bail

A = accused of homicide, punishable by reclusion perpetua Could not put up bail (P15,000) = detained pending trial (2 yrs.) After trial = A found guilty, sentence to indeterminate penalty from 6 yrs. & 1 day to 12 yrs. & 1 day As preventive imprisonment (2 yrs.) shall be deducted from 12 yrs. & 1 day Agreed voluntarily, in writing = before or during time of temporary detention, A abided to same disciplinary rules If A did not agree = only 4/5 of 2 years will be deducted from 12 yrs. & 1 da

Must preventive imprisonment = can it be considered in perpetual penalties? Does not make any distinction between temporal & perpetual penalites U.S. vs. Ortencio o Accused = sentenced to life imprisonment o Entitled to full time or 4/5 of time of preventive imprisonment

Credit given = in the service of sentences consisting of deprivation of liberty Offense = punishable by imprisonment or fine Upon conviction = only fine, no credit Illuatration: o A = accused of violating RPC Art. 143 o Penalty = prision mayor or fine (P200-P2,000), or both o Trial pending = 10 days detention o Guilty = sentenced to pay fine of P500 o Cannot claim reduction of sentence = sentence not consist of deprivation of liberty

Full time or 4/5 of time during w/c offender undergone preventive imprisonment = deducted from penalty imposed have undergone = shall be credited in the service of their sentence w/ the full time o detention agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners detention prisoner does not agrees = credited in the service of his sentence w/ 4/5 of time during w/c he has undergone preventive imprisonment Art. 197 of Child and Youth Welfare Code (P.D. 603) o Credited in the service of his sentence w/ full time he spent in actual confinement & detention o Agreed to abide by disciplinary rule = not necessary

Distierro constitutes Deprivation of Liberty Distierro = not constitute imprisonment, still a deprivation of liberty Art. 29 penalty w/ distierro Should be credited w/ time w/c he undergone preventive imprisonment (People vs. Bastasa)

Illustration:

Convict released immediately trial is less than the full time or 4/5 of time of preventive imprisonment 5

People vs. Quiosay o A = detained for 5 mons. & 10 days pending trial for less serious physical injuries o Sentenced to 4 mons. Arresto mayor o Released immediately People vs. Salik Magonawal o Need not serve distierro o Satisfied conditions laid down in Art. 29 o Entitled to credit for preventive imprisonment since Aug. 1970

 Not credited time underwent preventive imprisonment Art. 29, par. 3 eliminated  Convicted of charges mentioned are now credited

Habitual delinquent include in Par. 1 Not entitled to credit of preventive imprisonment o Necessarily recidivists o Convicted previously twice or more times of any crime

Accused shall be released immediately whenever he has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment for the offense charge Illustration o A crime of less serious physical injuries o Punishable by imprisonment 1 mon. & 1 day to 6 mons. o Has been under detention for 6 mons. Pending trial o A should be released immediately, trial still continues

Failure to surrender voluntarily (Art. 29, par. 2) Failure = when upon being summoned for the execution of their sentence o Not referring to after commission of crime Example o A arrested for serious physical injuries o B victim o Pending investigation & trial = 1 yr. detention o Bailed after 1 yr. o Found guilty = summoned for execution of sentence o Did not appear = ordered arrest & confiscation of bond o Preventive imprisonment not credited to service of sentence

Maximum penalty distierro Illustration o A = punishable by penalty from arresto menor to distierro o 6 mons. & 1 day to 6 years o Been detained for 30 days = after 30 days from arrest, should be released immediately o Reason = penalty is not served in prison, free only that he cannot enter prohibited area specified in the sentence

Offenders not entitled to full time or 4/5 of time of preventive imprisonment Recidivists or those convicted previously twice or more times of any crime Those who, upon being summoned for the execution of their sentence, failed to surrender voluntarily o Before amendment of Art. 29 by RA. 6127  Those convicted of robbery, estafa, theft, malversation of public funds, falsification, vagrancy or prostitution (Art. 29, par. 3)

Art. 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. 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 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. Art. 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. Art. 32 - Effect 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. Art. 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. 1. The person suspended from holding public office shall not hold another having similar functions during the period of his suspension. 2. Art. 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. Art. 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 the judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking.

1. The court shall determine, according to its discretion, the period of duration of the bond. 2. 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, is he shall have been prosecuted for a grave or less grave felony, and shall not exceed thirty days, if for a light felony. Effects of penalties (Arts. 30-35) Penalties of perpetual or temporary absolute disqualification for public office o Deprivation of public offices & employments (even if by election) o Deprivation of right to vote or to be elected o Disqualification for the offices or public employments & for the exercise of any of the rights mentioned o Loss of right to retirement pay or pension for any formerly held (Art. 30)  Perpetual absolute disqualification y effective during lifetime of convict y even after service of sentence  Temporary absolute disqualification y lasts during term of sentence y removed after service o except  deprivation of public office or employment  loss of all rights to retirement pay or other pension for any office formerly held penalties of perpetual or temporary special disqualification for public office, profession or calling o deprivation of office, employment, profession or calling affected o disqualification for holding similar offices or employments perpetually or during the term of the sentence penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage o deprivation of the right to vote or to be elected to any public office o cannot hold any office during the period of disqualification penalties of suspension from public office, profession or calling or the right of suffrage o disqualification from holding such office or exercising such profession or calling or right of suffrage during the term of the sentence o if suspended from public office the offender cannot hold another office having similar functions during the period of suspension 7

civil interdiction o deprivation of the rights of parental authority o guardianship of any ward o deprivation of marital authority o deprivation of the right to manage his property & of the right to dispose of such property by any act or any conveyance inter vivos  can dispose of property by will or donation mortis causa bonds to keep the peace o offender must present 2 sufficient sureties, undertake that offender will not commit offense to be prevented, in case of commission of offense they will pay amount determined o offender must deposit such amount w/ the clerk of court to guarantee said undertaking o offender may be detained if cannot give surety, for a period not exceeding 6 mons if prosecuted for grave or less grave felony, period of 30 days for light felony  different from bail bond = posted for provisional release of person arrested or accused of crime

Suspension deprives the offender of the right of exercising any kind of profession or calling, covers such calling or trade o broker, master plumber

Bond to keep the peace vs. bail bond bond to keep the peace = penalty in threats bail bond = secure provisional release after arrest or during trial before final judgment is rendered

Art. 36. Pardon; its effect. 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. Effects of pardon by president not restore right to hold public office or of suffrage o exception: expressly restored by terms of pardon not exempt from payment of civil indemnity

Disqualification withholding of privilege = not denial of right right of suffrage, hold office o Preserve purity of elections o Unfit to exercise such privilege o For protection, not for punishment Lacuna vs. Abes o Accused = sentenced 8 yrs. & 1 day of prision mayor in 1910 o Not granted plenary pardon o Voted at general elections in 1934 o State had right to deprive accused of right of suffrage o Accessory penalty = temporary absolute disqualification o Disqualifies convict for public office & right to vote o Lasts only during term of sentence

Limitations of pardoning power exercised only after conviction does not extend to cases of impeachment

Granted only after conviction by final judgment People vs. Salle o Cannot be granted = pendency of appeal from conviction of RTC o Can be granted = appeal withdrawn or did not appealed o Proof necessary = form of a certification o Acceptance of pardon  Not operate as abandonment or waiver of appeal o Release of accused before withdrawal of appeal  Virtue of pardon = responsible will be administratively liable 8

Perpetually or during term of the sentence Perpetually = perpetual kind of special disqualification During term of the sentence = temporary special disqualification o duration are distinct from each other = according to the nature of said penalty  whether penalty is perpetual or temporary special disqualification

Pardon = granted in general terms, accessory penalty not included

Principal penalty = remitted by pardon o Does not extinguish accessory penalty Example o Accused = sentenced to prision mayor o Accessory penalty = perpetual special disqualification (right of suffrage) o Pardoned by President o Right to vote not restored unless expressed by terms of pardon Exception o Absolute pardon, granted after expiration of term of imprisonment  Removes consequences of conviction o Pelobello vs. Palatino, Cristobal vs. Labrador  Facts & circumstances show that the intent is to restore rights  Mayor-elect = committed offense 25 yrs. Ago  Granted conditional pardon in 1915  Exercised right of suffrage & elected as councilor  Elected municipal president 3 times  Elected mayor  Purpose evident in granting absolute pardon y Enable him to assume position in deference to popular will

o Can waive civil liability o Should be given before institution of criminal prosecution o Must be extended to both offenders

Pardon after 30 yrs. Of sentence

Does not remove perpetual absolute disqualification Art. 30 = silent as to maximum duration of perpetual disqualification Art. 36 = no restoration of right to hold public office or of suffrage unless expressly provided by terms of pardon

Pardon by Chief Executive vs. pardon by offended party

Chief Executive o Extinguishes criminal liability o Does not include civil liability o Granted only after conviction o May be extended to any of the offenders Offended party o No extinguishment of criminal liability 9