ARTICLE 20 – ACCESSORIES WHO ARE EXEMPT FROM CRIMINAL LIABILITY

The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same degrees, with the single
exception of accessories falling within the provisions of paragraph 1 of the next preceding article.

• The exemption provided for in this article is based on the ties of blood and the preservation of the cleanliness of one's name, which compels one to conceal crimes committed by relatives so near as those mentioned in this article.

• An accessory is exempt from criminal liability WHEN THE PRINCIPAL IS HIS:

➢ SPOUSE
➢ ASCENDANT (1st C)
➢ DESCENDANT (1st C)
➢ LEGITIMATE, NATURAL, ADOPTED BROTHERS AND SISTERS (2nd C)
➢ RELATIVES BY AFFINITY WITHIN THE SAME DEGREE (1st A – parents-is-law, son/daughter-in-law; 2nd A – brothers/sisters-in-law) - nephew or niece not included among such relatives

• It is not necessary that all the principals are his relatives (enumerated in Art. 20). Even if only some of the principals are his relatives, he is exempt from criminal liability. (US v. Abanzado)

• Relationship by affinity between surviving spouse and blood relatives of the deceased spouse survives even after the death of the deceased spouse. Art. 20 applies to relatives in the enumerated degrees of affinity - even in the death of the spouse.
This same principle applies in the JUSTIFYING CIRCUMSTANCE of defense of relatives and MITIGATING CIRCUMSTANCE of immediate vindication of grave offense against a relative.

• “with the single exception of accessories falling within the provisions of paragraph 1 of the next preceding article:” means that an accessory is not exempt from criminal liability even if the principal is related to him, if such accessory:
➢ profited by the effects of the crime, or
➢ assisted the offender to profit by the effects of the crime.
➢ Rationale: the relative acted not by affection, but BY DETESTABLE GREED

• Only accessories under paragraphs 2 and 3 of Article 19 are exempt from criminal liability if they are related to the principals.
EXAMPLES:
▪ son who helps his father bury the body of a person whom the latter has murdered, in order to prevent its discovery;
▪ a grandson who, having knowledge of the commission of robbery by his grandfather, conceals or destroys the body of the crime, or the effects or instruments thereof, in order to prevent its discovery;
▪ a person who harbors, conceals, or assists in the escape of his brother who committed treason,

➢ EXCEPTIONS:
▪ If the accessory concealed the body of the crime to prevent the discovery of the crime (par. 2), but for the purpose of benefiting from it (e.g. hiding a stolen property for later salle for his benefit) HE IS CRIMINALLY LIABLE.
• The money received MUST BE AN EFFECT OF THE CRIME. If the accessory received money to conceal the body of his brother’s wife who was killed by his brother, he is not criminally liable (money is not the product of
parricide)
▪ Note: Profiting or helping the offender profit by the effects of the crime is the only case where the accessory who is related to the offender incurs criminal liability
TITLE THREE – PENALTIES Chapter I: Penalties in General

PENALTY is the suffering that is inflicted by the State for the transgression of law.

The purpose of the State in punishing crimes is TO SECURE JUSTICE. Penal justice must be exercised by the State in the service and satisfaction of a duty, and rests primarily on the moral rightfulness of the punishment inflicted.

DIFFERENT JURIDICAL CONDITIONS OF PENALTY

These are the juridical conditions of penalty according to the classical school on which the Code is mainly based
Penalty MUST BE:

PRODUCTIVE OF SUFFERING Without having affecting the integrity of the human personality

COMMENSURATE WITH THE OFFENSE Different crimes must be punished with different penalties

PERSONAL No one should be punished for the crime of another

LEGAL It is the consequence of a judgement according to law

CERTAIN No one may escape its effects

EQUAL FOR ALL

CORRECTIONAL

THEORIES JUSTIFYING PENALTY

PREVENTION The State must punish the criminal to prevent or suppress the danger to the State arising from the criminal acts of the offender

SELF-DEFENSE The State has a right to punish the criminal as a measure of self-defense so as to protect society from the threat and wrong inflicted by the criminal

REFORMATION The object of punishment in criminal cases is to correct and reform the offender

EXEMPLARITY The criminal is punished to serve as an example to deter others from committing crimes

JUSTICE That crime must be punished by the State as an act of retributive justice, a vindication of absolute right and moral law violated by the criminal

** Social defense and Exemplarity justify death penalty (People v. Carillo)

THREE-FOLD PURPOSE OF PENALTY

RETRIBUTION OR EXPIATION The penalty is commensurate with the gravity of the offense.

CORRECTION OR REFORMATION as shown by the rules which regulate the execution of the penalties consisting in deprivation of liberty.

SOCIAL DEFENSE shown by its inflexible severity to recidivists and habitual delinquents

The Constitution directs that "excessive fines shall not be imposed, nor cruel and unusual punishment inflicted."

** The punishment is "cruel and unusual" when it is so disproportionate to the offense committed as to shock the moral sense of all reasonable men as to what is right and proper

Neither fines nor imprisonment constitute in themselves cruel and unusual punishment, for the constitutional stricture has been interpreted as referring to penalties that are inhuman and barbarous, or shocking to the conscience (Weems vs. U.S.)
ARTICLE 21 – PENALTIES THAT MAY BE IMPOSED
No felony shall be punishable by any penalty not prescribed by law prior to its commission.

• Art. 21 is not a penal provision. It simply announces the policy of the State as regards punishing crimes: It prohibits the Government from punishing any person for any felony with any penalty which has not been prescribed by the law.
Nullum crimen nulla poena sine lege.

• The provisions of Art. 21 can only be invoked when a person is being tried for an act or omission for which no penalty has been prescribed by law

• An act or omission cannot be punished by the State if at the time it was committed there was no law prohibiting it, because a law cannot be rationally obeyed unless it is first shown, and a man cannot be expected to obey an order that has not been given

• Subsidiary penalty for a crime cannot be imposed, if it was "not prescribed by law prior to its commission."

(US v. Macasaet - While the case was pending trial, Act No. 1732 took effect. This new law provides subsidiary imprisonment for failure to pay the fine under the old law (Act No. 1189 – Internal Revenue Law. HELD: subsidiary imprisonment
cannot be lawfully imposed)

ARTICLE 22 – RETROACTIVE EFFECT OF PENAL LAWS

Penal laws shall have a retroactive effect in so far as they favor the person guilty of a felony, who is not a habitual criminal, as this term is defined in rule 5 of article 62 of this Code, although at the time of the publication of such laws a final sentence has been pronounced
and the convict is serving the same.

** Art. 1 – This Code shall take effect on the first day of January, 1932.

• Art. 22 is not applicable to the provisions of the Revised Penal Code

o The application of Art. 22 can only be invoked where some former or subsequent law is under consideration. It must necessarily relate
1. to penal laws existing prior to the Revised Penal Code, in which the penalty was less severe than those of the Code; or
2. to laws enacted subsequent to the Revised Penal Code, in which the penalty is more favorable to the accused.

• General rule is to give criminal laws prospective effect

EXCEPTION: to give them retroactive effect when favorable to the accused.
** Note: The exception applies to a law dealing with prescription of crime
Art. 22 applies to a law dealing with prescription of an offense which is intimately connected with that of the penalty, for the length of time for prescription depends upon the gravity of the offense. (People vs. Moran)

** REASON FOR THE EXCEPTION: The sovereign, in enacting a subsequent penal law more favorable to the accused, has recognized that the greater severity of the former law is unjust. The sovereign would be inconsistent if
it would still enforce its right under conditions of the former law, which has already been regarded by conscientious public opinion as juridically burdensome. (People vs. Moran)

** The new law may provide otherwise.

PEOPLE v. CARBALLO - On January 12,1929, the accused who had been convicted of bigamy accepted a conditional pardon extended to him by the Governor General. During that year, he committed violations of the Revised Ordinances of Manila and was convicted
thereof by final judgment on March 18, 1931. Prior to January 1, 1932, when the Revised Penal Code took effect, there was no law punishing the violation of a conditional pardon as a crime. The provisions of the Revised Penal Code cannot be given retroactive effect.
An EX POST FACTO LAW is one which:
1. makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act;
2. aggravates a crime, or makes it greater than it was, when committed;
3. changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed;
4. alters the legal rules of evidence, and authorizes conviction upon less or different testimony than the law required at the time of the commission of the offense;
5. assuming to regulate civil rights and remedies only, in effect imposes penalty or deprivation of a rightfor so mething which when done was lawful; and
6. deprives a person accused of a crime of some lawful protection to which he has become entitled, such as the protection of a former conviction or acquittal, or a proclamation of amnesty. (Mejia vs. Pamaran)
• The favorable retroactive effect of a new law may apply to the defendant in one of these three situations:
1. The crime has been committed and prosecution begins;
2. Sentence has been passed but service has not begun;
3. The sentence is being carried out. (Escalante vs. Santos)
** In any case, the favorable new statute benefits him and should apply to him

• HABITUAL CRIMINAL
• But when the culprit is a habitual delinquent, he is not entitled to the benefit of the provisions of the new favorable statute. (People vs. Alcaraz)
• A person shall be deemed to be a habitual delinquent if within a period of ten years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa, or falsification (FRETSL),
he is found guilty of any said crimes a third time or oftener.

• The principle that criminal statutes are retroactive so far as they favor the culprit does not apply to the latter's civil liability, because the rights of offended persons or innocent third parties are not within the gift of arbitrary disposal of the State.
** But a new law increasing the civil liability cannot be given retroactive effect (People v. Panaligan)

• The rule that criminal laws have retroactive effect when favorable to the accused has no application where the new law is expressly made inapplicable to pending actions or existing causes of action.
• The provisions of this article are applicable even to special laws which provide more favorable conditions to the accused.

ART. 22 ART. 366

Art. 22. Retroactive effect of penal laws. Penal laws shall have retroactive Art. 366. Application of laws enacted prior to this Code. Without prejudice to the
effect insofar as they favor the person guilty of a felony, who is not a habitual provisions contained in Art. 22 of this Code, felonies and misdemeanors committed
criminal, x x x although at the time of the publication of such laws a final prior to the date of effectiveness of this Code shall be punished in accordance with
sentence has been pronounced and the convict is serving the same. the Code or Acts in force at the time of their commission.

Even if it is stated in Art. 366 that felonies and misdemeanors are punishable by the laws at the time of its commission prior to the RPC enactment, it should not be
the case if such Code or Acts are unfavorable to the guilty party, for the general principle on the retroactivity of favorable penal laws,
recognized in Art. 22, should then apply.
 LAGRIMAS v. DIRECTOR OF PRISONS PEOPLE v. TAMAYO

This is a petition for habeas corpus. The petitioner slapped and use offensive language to a teacher in the public The accused was convicted in the Justice of the Peace Court for the violation of Sec. 2, Municipal Ordinance No. 5, Series
school. The accused, now petitioner, was found guilty of assault upon a public official and sentenced to the of 1932, of Magsingal, Ilocos Sur. While his appeal was pending, the Municipal Council repealed Sec. 2 in question, with
penalty of Art. 251 of the old Penal Code. Article 149 of the Revised Penal Code does not prescribe a penalty the result that the act complained of was no longer a crime. The accused moved for the dismissal of the action.
for the crime penalized by Art. 251 of the old Code.

Held: A person cannot be prosecuted, convicted, and punished for acts no longer criminal. The case was dismissed.
Held: The intention of the Legislature in embodying this provision of Art. 366 in the Revised Penal Code was to
insure that the elimination from this Code of certain crimes penalized by former acts before the enforcement of
this Code should not have the effect of pardoning guilty persons who were serving their sentences for the
commission of such crimes. Petition denied

In the Lagrimas case, the Legislature reenacted in the Revised Penal Code the provision of Art. 251 of the old On the other hand, in the Tamayo case, the repeal (completely eliminating Section 2 of the Ordinance under which
Penal Code, with the difference that Art. 149 of the Revised Penal Code does not punish an assault upon a the accused was being prosecuted) was absolute.
public-school teacher. If this is the case, Art. 149 of the Revised Penal Code did not absolutely repeal Art. ** no saving clause in the repealing statute.
251 of the old Code.

** Criminal liability under former law is obliterated when the repeal is absolute.

• Criminal liability under the repealed law subsists: (U.S. vs. Cuna)
(1) When the provisions of the former law are reenacted; or
(2) When the repeal is by implication; or
(3) When there is a saving clause.

• The jurisdiction of a court to try a criminal action is to be determined by the law in force at the time of instituting the action, not at the time of the commission of the crime. (People vs. Romualdo)
• The jurisdiction of the courts in criminal cases is determined by the allegations of the complaint or information, and not by the findings the court may make after trial. (People vs. Mission)
ARTICLE 23 – EFFECT OF PARDON BY THE OFFENDED PARTY
A pardon by the offended party does not extinguish criminal action except as provided in article 344 of this Code; but civil liability with regard to the interest of the injured party is extinguished by his express waiver.

A pardon by the offended party does not extinguish criminal • Even if the injured party already pardoned the offender, the fiscal can still prosecute the offender.
action Such pardon by the offended party is not even a ground for the dismissal of the complaint or information.

• A crime committed is an offense against the State. In criminal cases, the intervention of the aggrieved parties is limited to being witnesses for the
prosecution. (People vs. Despavellador)

• Only the Chief Executive can pardon the offenders.

• Compromise does not extinguish criminal liability.

• There may be a compromise upon the civil liability arising from an offense; but such compromise shall not extinguish the public action for the
imposition of the legal penalty. (Art. 2034, Civil Code)

except as provided in article 344 of this Code The offended party in the crimes of adultery and concubinage cannot institute criminal prosecution, if he shall have consented or pardoned the offenders. (Art.
344, par. 2)

• The pardon here may be implied, as continued inaction of the offended party after learning of the offense.

• The second paragraph of Art. 344 requires also that both offenders must be pardoned by the offended party. (People vs. Infante)

• In the crimes of seduction, abduction, rape or acts of lasciviousness, there shall be no criminal prosecution if the offender has been expressly pardoned
by the offended party or her parents, grandparents, or guardian, as the case may be. The pardon here must be express.

o SEDUCTION
o ABDUCTION
o RAPE
o ACTS OF LASCIVIOUSNESS

• The pardon afforded the offenders must come before the institution of the criminal prosecution. (People vs. Infante)
o For the aforementioned crimes, a motion to dismiss based solely on the pardon by the offended party, given after the filing of the complaint,
will be denied by the court.
o The only act that, according to Art. 344, extinguishes the penal action after the institution of criminal action, is the marriage between the
offender and the offended party.

• Under Art. 344, the pardon by the offended party does not extinguish criminal liability; it is only a bar to criminal prosecution.

but civil liability with regard to the interest of the injured party • An offense causes two classes of injuries:
is extinguished by his express waiver
SOCIAL INJURY PERSONAL INJURY

produced by the disturbance and alarm which are the outcome caused to the victim of the crime who suffered damage either to
of the offense his person, to his property, to his honor or to her chastity

repaired through the imposition of the corresponding repaired through indemnity; is civil in nature, the offended party
penalty may waive it and the State has no reason to insist in its payment.
The waiver must be express.
ARTICLE 24 – MEASURES OF PREVENTION OR SAFETY WHICH ARE NOT CONSIDERED PENALTIES
The following shall not be considered as penalties:

1. The arrest and temporary detention of accused persons, as well as their detention by reason of insanity or imbecility, or illness requiring their confinement in a hospital.

2. The commitment of a minor to any of the institutions mentioned in article 80 and for the purposes specified therein.

3. Suspension from the employment or public office during the trial or in order to institute proceedings.

4. Fines and other corrective measures which, in the exercise of their administrative or disciplinary powers, superior officials may impose upon their subordinates.

5. Deprivation of rights and the reparations which the civil laws may establish in penal form.

• "As well as their detention by reason of insanity or imbecility."

➢ This paragraph does not refer to the confinement of an insane or imbecile who has not been arrested for a crime. It refers to "accused persons" who are detained "by reason of insanity or imbecility." The word "their" in the second
clause of paragraph No. 1, refers to "accused persons" in the first clause.

• They are not penalties, because they are not imposed as a result of judicial proceedings.
• Those mentioned in paragraphs Nos. 1,3 and 4 are merely preventive measures before conviction of offenders
• The "fines" mentioned in paragraph 4 SHOULD NOT BE imposed by the court, because when imposed by the court, they constitute a penalty.
ARTICLE 25 – PENALTIES WHICH MAY BE IMPOSED (Classification of Penalties)
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 Correcional

Arresto Mayor
Suspension
Destierro

LIGHT PENALTIES Arresto menor

Public censure

PENALTIES COMMON TO THE THREE PRECEEDING 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 costs.

• Art. 25 must be construed LITERALLY. A penalty not included in the enumeration is considered DEFECTIVE.
➢ A sentence of "five years in Bilibid" (U.S. vs. Avillar)
➢ The penalty of “hard labor” (U.S. vs. Mendoza)
➢ Life imprisonment or cadena perpetua - The correct term is reclusion perpetua. The penalty of cadena perpetua was abolished by the Revised Penal Code (People vs. Abletes)

• The Revised Penal Code does not prescribe the penalty of life imprisonment (i.e. lifetime) for any of the felonies therein defined, that penalty being invariably imposed for serious offenses penalized not by the Revised Penal Code but by special
law.
➢ Reclusion perpetua entails imprisonment for at least thirty (30) years after which the convict becomes eligible for parole. It also carries with it accessory penalties, namely: perpetual special disqualification, etc. It is not the same as life
imprisonment which, for one thing, does not appear to have any definite extent or duration. (People vs. Penillos)
➢ Under R.A. No. 7659, the duration of reclusion perpetua is now from 20 years and 1 day to 40 years.

• Republic Act No. 9346 prohibited the imposition of the death penalty. Reclusion perpetua in lieu of death.
• This article classifies penalties into:
➢ Principal penalties — those expressly imposed by the court in the judgment of conviction.
➢ Accessory penalties — those that are deemed included in the imposition of the principal penalties.

PRINCIPAL PENALTIES

ACCORDING TO DIVISIBILITY DIVISIBLE Reclusion Temporal

have fixed duration and are divisible into three periods. Prision Mayor
Prision Correcional
Arresto Mayor
Arresto menor

INDIVISIBLE Death
have no fixed duration Reclusion Perpetua
Perpetual absolute or special disqualification
Public Censure

ACCORDING TO SUBJECT-MATTER Corporal (death)

Deprivation of freedom (reclusion, prision, arresto).
Restriction of freedom (destierro).
Deprivation of rights (disqualification and suspension).
Pecuniary (fine).

ACCORDING TO GRAVITY CAPITAL Death

AFFLICTIVE Reclusion Perpetua

Reclusion Temporal
Perpetual or Temporary Absolute Disqualification
Perpetual or Temporary Special Disqualification
Prision Mayor

CORRECTIONAL Prision Correcional

Arresto Mayor
Suspension
Destierro

LIGHT Arresto menor

Public censure

• In a criminal case, there is only one issue, viz.: whether the accused is guilty or not guilty. If he is found guilty, the court acquires jurisdiction to impose a penalty; if he is found not guilty, no court has the power to mete out punishment; a finding of guilt
must precede the punishment.
• Censure, being a penalty, is not proper in acquittal.
• A competent court, while acquitting an accused, may permit itself nevertheless to criticize or reprehend his acts and conduct in connection with the transaction out of which the accusation arose. The
court may, with unquestionable propriety, express its disapproval or reprehension of those acts to avoid the impression that by acquitting the accused it approves or admires his conduct.
• Perpetual or temporary absolute disqualification, perpetual or temporary special disqualification, and suspension may be principal or accessory penalties, because they are formed in the two general classes.
ARTICLE 26 – FINES
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.

FINE BOND TO KEEP PEACE

if it exceeds 6,000 pesos AFFLICTIVE if it exceeds 6,000 pesos

does not exceed 6,000 pesos but is not less than 200 pesos CORRECTIONAL does not exceed 6,000 pesos but is not less than 200 pesos

less than 200 pesos LIGHT less than 200 pesos

“whether imposed as a single or as an alternative penalty” Fines may be imposed as an alternative penalty or single penalty:

ALTERNATIVE PENALTY - arresto mayor or a fine ranging from P200 to P1.000

SINGLE PENALTY - fine of P200 to P6,000.

The law does not permit any court to impose a sentence in the alternative, its duty being to indicate the penalty imposed
definitely and positively.
ARTICLE 27 – DURATION OF PENALTIES
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.
Reclusión temporal. — The penalty of reclusión temporal shall be from twelve years and one day to twenty years.
Prisión mayor and temporary disqualification. — The duration of the penalties of prisión 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.
Prisión correccional, suspensión, and destierro. — The duration of the penalties of prision correccional, suspensión 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.
Arresto mayor. — The duration of the penalty or 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.

SCALE
PRINCIPAL PENALTIES

CAPITAL PUNISHMENT Death

AFFLICTIVE PENALTIES Reclusion Perpetua 20 yrs. and 1 day to 40 yrs.

Reclusion Temporal 12 yrs. and 1 day to 20 yrs.

Perpetual or Temporary Absolute Disqualification

Perpetual or Temporary Special Disqualification

Prision Mayor 6 yrs. and 1 day to 12 yrs.

CORRECTIONAL PENALTIES Prision Correcional 6 mos. and 1 day to 6 yrs.

Arresto Mayor 1 mo. and 1 day to 6 mos

Suspension 6 mos. and 1 day to 6 yrs.

Destierro 6 mos. and 1 day to 6 yrs.

Destierro is imposed in
➢ Serious physical injuries or death under exceptional circumstances. (Art. 247)
➢ In case of failure to give bond for good behavior. (Art. 284)
➢ As a penalty for the concubine in concubinage. (Art. 334)
➢ In cases where after reducing the penalty by one or more degrees destierro is the
proper penalty.

LIGHT PENALTIES Arresto menor 1 day to 30 days

Public censure

PENALTIES COMMON TO THE THREE PRECEEDING CLASSES Fine

Bond to keep the peace - the period during which the bond shall be effective is discretionary on the court; not a penalty and therefor cannot
be imposed by the court.

• Temporary disqualification and suspension, when imposed as accessory penalties, have different durations — they follow the duration of the principal penalty.
➢ Thus, if the penalty imposed is arresto mayor, the duration of the accessory penalty of suspension of the right to hold office and the right of suffrage (Art. 44) shall be that of arresto mayor
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:

The Director of Prisons or the warden should compute the penalties imposed upon the convicts, observing the following rules:
1. When the offender is in prison — the duration of temporary penalties is from the day on which the judgment of conviction becomes final.
2. When the offender is not in prison — the duration of penalty consisting in deprivation of liberty, is from the day that the offender is placed at the disposal of judicial authorities for the enforcement of the penalty.
3. The duration of other penalties — the duration is from the day on which the offender commences to serve his sentence.

• Examples of Temporary Penalties:

1. Temporary absolute disqualification
2. Temporary special disqualification
3. Suspension

❖ If offender is under detention, as when he is undergoing preventive imprisonment, Rule No. 1 applies.
❖ If not under detention, because the offender has been released on bail, Rule No. 3 applies.

• Examples of penalties consisting in deprivation of liberty:

1. Imprisonment.
2. Destierro

❖ When the offender is not in prison, Rule No. 2 applies.

❖ If the offender is undergoing preventive imprisonment, the computation of the penalty is not from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty. Rule No. 3 applies, that is, the duration
of the penalty shall be computed from the day on which the defendant commences to serve his sentence.
❖ But the offender is entitled to a deduction of full time or four-fifths (4/5) of the time of his detention
ARTICLE 29 – PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED FROM TERM OF IMPRISONMENT
Offenders 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 after being informed of the effects thereof and with the assistance of counsel to abide by the same disciplinary rules imposed upon convicted prisoners, except in the following cases:

1. When they are recidivists, or have been convicted previously twice or more times of any crime;
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 do so in writing with the assistance of a counsel and shall be credited in the service of his sentence with four-fifths of the time during which he
has undergone preventive imprisonment.

Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from thirty (30) years.

Whenever an accused has undergone preventive imprisonment for a period equal to the possible maximum imprisonment of the offense charged to which he may 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. Computation of preventive imprisonment for purposes of immediate release under this paragraph shall be the actual period of detention with good conduct time allowance: Provided
however, That if the accused is absent without justifiable cause at any stage of the trial, the court may motu proprio order the rearrest of the accused: Provided, finally, That recidivists, habitual delinquents, escapees, and persons charged with heinous crimes are
excluded from the coverage of this Act. 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 R.A. Nos. 10592 and 6127, and E.O. 214.

• When is there preventive imprisonment?

1. The accused undergoes preventive imprisonment when the offense charged is nonbailable, or even if bailable, he cannot furnish the required bail.

• The full time or four-fifths of the time during which offenders have undergone preventive imprisonment shall be deducted from the penalty imposed. Offenders who have undergone preventive imprisonment shall be credited in the service of their
sentence 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.

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.

The appellant should be credited with the full time of his preventive imprisonment upon a showing that he agreed to abide by the same disciplinary rules imposed upon convicted prisoners; otherwise, he shall be credited with four fifths (4/5) of the time of
such preventive imprisonment.

• Agreement should be made in writing, before or during the time of temporary detention.

• Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from 30 years (not 40).

• The credit is only given in the service of sentences consisting of deprivation of liberty. It does not apply to penalties involving only fines.

• Computation of preventive imprisonment for purpose of immediate release shall be the actual period of detention with good conduct time allowance. If good conduct time allowance is granted, this should also be extended to the detention prisoner.

• Convict to be released immediately if the penalty imposed after trial is less than the full time of the preventive imprisonment.

• Accused shall be released immediately whenever he has undergone preventive imprisonment for a period equal to the possible maximum imprisonment for the offense charged

• If the maximum penalty to which the accused may be sentenced is destierro, he shall be released immediately after 30 days if he had been detained for 30 days since his arrest. This is because destierro is not served in prison. He is free but he cannot
enter the prohibited area specified in the sentence.
 • The following are NOT ENTITLED to be credited with the full-time or four-fifth of the time of preventive imprisonment (PERTH)
1. Persons charged with heinous crimes
2. Escapees – those who have escaped from confinement from a penal establishment
3. Recidivists (2x or more conviction of any crime)
4. Those who failed to surrender voluntarily upon being summoned for the execution of their sentence.
5. Habitual delinquents (10 years, 3rd time or oftener – FRETSL)

REPUBLIC ACT No. 10592

AN ACT AMENDING ARTICLES 29, 94, 97, 98 AND 99 OF ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Article 29 of Act No. 3815, as amended, otherwise known as the Revised Penal Code, is hereby further amended to read as follows:

"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 after being informed of the effects thereof and with the assistance of counsel to abide by the same disciplinary rules imposed upon convicted prisoners, except in the following
cases:

"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 do so in writing with the assistance of a counsel and shall be credited in the service of his sentence with four-fifths of the time during which he has
undergone preventive imprisonment.

"Credit for preventive imprisonment for the penalty of reclusion perpetua shall be deducted from thirty (30) years.1âwphi1

"Whenever an accused has undergone preventive imprisonment for a period equal to 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. Computation of preventive imprisonment for purposes of immediate release under this paragraph shall be the actual period of detention with good conduct time allowance: Provided,
however, That if the accused is absent without justifiable cause at any stage of the trial, the court may motu proprio order the rearrest of the accused: Provided, finally, That recidivists, habitual delinquents, escapees and persons charged with heinous crimes are excluded
from the coverage of this Act. In case the maximum penalty to which the accused may be sentenced is lestierro, he shall be released after thirty (30) days of preventive imprisonment."

Section 2. Article 94 of the same Act is hereby further amended to read as follows:

"ART. 94. Partial extinction of criminal liability. – Criminal liability is extinguished partially:

"1. By conditional pardon;

"2. By commutation of the sentence; and

"3. For good conduct allowances which the culprit may earn while he is undergoing preventive imprisonment or serving his sentence."

Section 3. Article 97 of the same Act is hereby further amended to read as follows:

"ART. 97. Allowance for good conduct. – The good conduct of any offender qualified for credit for preventive imprisonment pursuant to Article 29 of this Code, or of any convicted prisoner in any penal institution, rehabilitation or detention center or any other local jail shall
entitle him to the following deductions from the period of his sentence:

"1. During the first two years of imprisonment, he shall be allowed a deduction of twenty days for each month of good behavior during detention;

"2. During the third to the fifth year, inclusive, of his imprisonment, he shall be allowed a reduction of twenty-three days for each month of good behavior during detention;

"3. During the following years until the tenth year, inclusive, of his imprisonment, he shall be allowed a deduction of twenty-five days for each month of good behavior during detention;

"4. During the eleventh and successive years of his imprisonment, he shall be allowed a deduction of thirty days for each month of good behavior during detention; and

"5. At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in addition to numbers one to four hereof, for each month of study, teaching or mentoring service time rendered.

"An appeal by the accused shall not deprive him of entitlement to the above allowances for good conduct."
Section 4. Article 98 of the same Act is hereby further amended to read as follows:

"ART. 98. Special time allowance for loyalty. – A deduction of one fifth of the period of his sentence shall be granted to any prisoner who, having evaded his preventive imprisonment or the service of his sentence under the circumstances mentioned in Article 158 of this
Code, gives himself up to the authorities within 48 hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe referred to in said article. A deduction of two-fifths of the period of his sentence shall be granted in case said
prisoner chose to stay in the place of his confinement notwithstanding the existence of a calamity or catastrophe enumerated in Article 158 of this Code.

"This Article shall apply to any prisoner whether undergoing preventive imprisonment or serving sentence."

Section 5. Article 99 of the same Act is hereby further amended to read as follows:"

"ART. 99. Who grants time allowances – Whenever lawfully justified, the Director of the Bureau of Corrections, the Chief of the Bureau of Jail Management and Penology and/or the Warden of a provincial, district, municipal or city jail shall grant allowances for good
conduct. Such allowances once granted shall not be revoked."

Section 6. Penal Clause. – Faithful compliance with the provisions of this Act is hereby mandated. As such, the penalty of one (1) year imprisonment, a fine of One hundred thousand pesos (P100,000.00) and perpetual disqualification to hold office shall be imposed against
any public officer or employee who violates the provisions of this Act.

Section 7. Implementing Rules and Regulations. – The Secretary of the Department of Justice (DOJ) and the Secretary of the Department of the Interior and Local Government (DILG) shall within sixty (60) days from the approval of this Act, promulgate rules and
regulations on the classification system for good conduct and time allowances, as may be necessary, to implement the provisions of this Act.

Section 8. Separability Clause. – If any part hereof is held invalid or unconstitutional, the remainder of the provisions not otherwise affected shall remain valid and subsisting.

Section 9. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with the provisions of this Act is hereby repealed, modified or amended accordingly.

Section 10. Effectivity Clause. – This Act shall take effect fifteen (15) days from its publication in the Official Gazette or in at least two (2) new papers of general circulation.

Approved: MAY 29 2013

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines