PENALTIES

DEGREE

Period

DEATH
(CORPORAL PUNISHMENT)
RECLUSION PERPETUA

PRISION MAYOR

6 years and 1 day to 12

years

[absolute disqualification and special temporary

disqualification]
(DEPRIVATION OF RIGHTS)
PRISION CORRECCIONAL

6 months and 1 day to 6

years

[DESTIERRO]
Not permitted to enter/ within radius of within
25-250km
Principal/ Correccional/Indivisible Penalty
ARRESTO MAYOR

ARRESTO MENOR

12 years and 1 day to 14 years and 8

months
14 years, 8 months and 1 day to 17
years and 4 months
17 years, 4 months and 1 day to 20
years
6 years and 1 day to 8 years
8 years and 1 day to 10 years
10 years and 1 day to 12 years

[SUSPENSION]

6 months and 1 day to 2 years and 4

months
2 years, 4 months and 1 day to 4
years and 2 months

1 month and 1 day to 6

months
1 to 30 days

1 to 2 months
2 months and 1 day to 4 months
4 months and 1 day to 6 months
1 to 30 days
1 to 10 days

20 YEARS

AFFLICTIVE PENALTIES:

AFFLICTIVE PENALTIES:

15 YEARS

15 YEARS

Temporary Absolute Disqualification

Perpetual Special Disqualification from suffrage (unless remitted by
pardon)
Suspension from Public Office, profession or calling
Perpetual Absolute Disqualification from suffrage (18months unless
remitted by pardon)

REQUISITES
1. Single act is committed by the offender
2. Single act resulted to 2 or more grave or
less grave felonies
1. 2 crimes are committed
2. Single purpose or 1 criminal intent
3. That one or some of the offense must be necessary to
commit the other
4. That both or all the offenses must be
punished under the same statute

Suspension of the right to hold office

EXCEPT ARRESTO MAYOR:

EXCEPT ARRESTO
MAYOR:

5 YEARS

LIGHT OFFENSES:
2 MONTHS

Additional Penalty to be Imposed upon Public Officers who are

Accessories
Absolute Perpetual Disqualification (if principal offender is guilty of
grave felony)
Absolute Temporary Disqualification (if principal offender is guilty of
less grave felony)
PENALTY
Art. 48: Penalty for the most
serious crime shall be imposed in
its maximum period
People vs Yongco (1977): The
severity of the penalty for the more
serious crime should not be
judged by the classification of
each but by the nature of
penalties. Follow Art. 70

DEFINITIONS

PRESCRIPTION

Penalty prescribed

SPECIAL COMPLEX CRIME

OR COMPOSITE CRIME

10 YEARS

10 YEARS

5 YEARS

COMMENCEMENT OF
PRESCRIPTION
1. Law specifically fixes a single penalty for 2 or more
crimes committed

CORRECCIONAL PENALTIES:

CORRECCIONAL
PENALTIES:

21 to 30 days

IMPOSSIBLE CRIME:
Penalty: arresto mayor
Fine: 200-500 pesos
Basis: Social Danger an Degree of Criminality

COMPLEX CRIME PROPER

20 YEARS

4 years, 2 months and 1 day to 6

years

Municipal Jail
House of Defendant himself (surveillance)
PUBLIC CENSURE
FINE
NOTES:

COMPOUND CRIMES

PRESCRIPTION OF PENALTIES

Perpetual Absolute Disqualification (unless remitted by pardon)

12 years and 1 day to 20
years

(DEPRIVATION OF FREEDOM)

PLURALITY OF CRIMES

PRESCRIPTION OF CRIME

Civil Interdiction during 30 years ( not remitted by pardon)

Civil Interdiction (for life or during sentence)

20 years and 1 day to 40

years

(DEPRIVATION OF FREEDOM)
RECLUSION TEMPORAL

ACCESSORY PENALTIES
Perpetual Absolute Disqualification

1 YEAR

CRIME OF LIBEL: 1 YEAR

CRIMES PUNISHABLE BY
FINES:
Afflictive (15)
Correccional (10)
Light (2 months)

PRESCRIPTION OF CRIME
Forfeiture or loss of the right of the State to
prosecute the offender after the lapse of a
certain time

PRESCRIPTION OF PENALTIES
Forfeiture or loss of the right of the
Government to execute the final
sentence after the lapse of a certain
time

1. Afflictive Penalties: 15 years

2. Correctional Penalties: 10 years
3. Arresto Mayor: 5 years
4. Libel or other similar offenses: 1 year
5. Oral defamation or Slander: 6 months
6. Light offenses: 2 months

1. Death and Reclusion Perpetua: 20 years

2. Other afflictive penalties: 15 years
3. Correctional Penalties: 10 years
4. Arresto Mayor: 5 years
5. Light Penalties: 1 year

The period of prescription shall commence to run

from the day on which the crime is discovered by the
offended party, the authorities, or their agents

The period of prescription of penalties

shall commence to run from the date
when the culprit should evade the
service of his sentence

Filing of complaint or information or When the

accused is not in the Philippines

When the convict:

1. Gives himself up
2. Be captured
3. Should go to some foreign country with
which the government has no extradition treaty
4. Should commit another crime before the
expiration of the period of prescription.

INTERRUPTION

People vs Puntillas (1938): Acceptance of

conditional pardon interrupts the prescriptive
period

CONTINUED/
CONTINUOUS CRIMES

1. Series of criminal acts arising from a single criminal

resolution and intent2. Foreknowledge rule, offender must
know the acts and ultimate goal of his plan.
Must have foreknowledge of its consummation

1 Penalty Only
RUNS AGAIN

Proceedings terminate without the accused being

convicted or acquitted, or are unjustifiably stopped
for any reason not imputable to him
Proceedings are dismissed for reasons not
constituting double jeopardy

When he escapes again. Period of

prescription that ran during the time the
convict evaded the service of sentence
is not forfeited upon his capture. It will
be cumulative when he escapes again.