Duration and Effects of Penalties: Criminal Cases in the Philippines

The Revised Penal Code (Act No. 3815) provides the duration and effects of penalties for felonies defined and punished in said law. Special laws usually provide for specific duration of penalties, unless reference is made to the penalties under the Revised Penal Code. 

I. RECLUSION PERPETUA

Imprisonment for at least thirty (30) years, after which the convict becomes eligible for pardon. It carries the accessory penalties of:

  • (a) Civil interdiction for life or during the period of the sentence, as the case may be. Civil interdiction deprives 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.
  • (b) perpetual absolute disqualification which the offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.

Perpetual or temporary absolute disqualification for public office shall produce the following effects:

  • (i)The deprivation of the public offices and employments which the offender may have held even if conferred by popular election.chanrobles virtual law library.
  • (ii) The deprivation of the right to vote in any election for any popular office or to be elected to such office.
  • (iii) The disqualification for the offices or public employments and for the exercise of any of the rights mentioned. 
  • (iv) The loss of all rights to retirement pay or other pension for any office formerly held.

II. RECLUSION TEMPORAL

The penalty of reclusion temporal shall be from twelve (12) years and one (1) day, to twenty (20) years. Reclusion temporal has the same accessory penalties as reclusion perpetua. 

III. PRISION MAYOR

The duration is six (6) years and one (1) day, to twelve (12) years. It carries the accessories penalty of:

  • (a) temporary absolute disqualification, and 
  • (b) perpetual special disqualification from the right of suffrage, which the offender shall suffer although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.

Temporary disqualification shall have the same duration as prision mayor, except when the penalty of disqualification is imposed as an accessory penalty, in which case its duration shall be that of the principal penalty.

IV. PRISION CORRECCIONAL

The duration is six (6) months and one (1) day, to six (6) years. If the duration of imprisonment exceeds 18 months, it carries the accessory penalties of:

  • (a) suspension from public office;
  • (b) suspension from the right to follow a profession or calling; and 
  • (c) perpetual special disqualification from the right of suffrage.

The offender shall suffer the disqualification although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.

Destierro and suspension have the same duration as prision correccional. However, the duration of suspension, if imposed as an accessory penalty, is the same as the principal penalty.

V. ARRESTO MAYOR

The duration is from one  (1) month and one (1) day, to six (6) months. The penalty of arresto shall carry with it that of suspension of the right too hold office and the right of suffrage during the term of the sentence.

VI. ARRESTO MENOR

The duration is from one (1) day, to thirty (30) days. The penalty of arresto shall carry with it that of suspension of the right too hold office and the right of suffrage during the term of the sentence.

VII. 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.

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