PENALTIES Art. 26.

Fine – when afflictive, correctional or light penalty

●​ Afflictive – exceeds P1,200,000.00
Art. 22. Retroactive effect of penal laws. ●​ Correctional – does not exceed P1,200,000.00 but is not
The general rule is that penal laws have prospective effect. They can less than 40,000.00
only be given retroactive effect if: ●​ Light – less than P40,000.00
1.​ It is favorable to the accused, and *This classification should not be confused with Art. 9, which
2.​ The accused is not a habitual criminal. classifies felonies.

Prospective effect of penal laws Art. 27. Duration of penalties.

●​ Applicable to all penal laws. The amendment giving a duration to reclusion perpetua (20y 1d to
●​ This rule is applicable even for those serving sentence by 40y) did not mean that it has reclassified as a divisible penalty. It
final judgment. remains an indivisible penalty. (PP vs. LUCAS, G.R. Nos. 108172-73,
Jan 9, 1995)
Habitual criminal is one who…
1.​ Within a period of 10 years; Art. 28. Computation of penalties.
2.​ From the date of the last conviction or release; ●​ If the offender is in prison, the temporary penalty –
3.​ Of the crimes of serious and less serious physical injuries, judgment of conviction becomes final.
robbery, theft, estafa or falsification; ●​ If the offender is not in prison, the penalty consisting of
4.​ Is found guilty of any said crimes a 3rd time or oftener. deprivation of liberty – offender is placed at the disposal of
(Art. 62, par. 5) the judicial authorities.
●​ Duration of other penalties – from the day on which the
Jurisdiction of courts defendant commences to serve his sentence.
●​ It is the law at the time of the institution of the action that
determines the jurisdiction of courts. Art. 29. Preventive detention.
●​ Jurisdiction of the courts is determined by the allegations Period of preventive suspension – credited fully in the service of
in the complaint or information. their sentence consisting of deprivation of liberty if the detention
prisoner agrees in writing to abide by the same disciplinary rules
Pardon by the offended party. imposed on convicted prisoners.
●​ Pardon by the offended party does not affect the criminal
action. Civil liability may be expressly waived by the Exceptions
offended party. ●​ Recidivists and those convicted previously 2 or 3 times of
●​ The exception under Art. 344 of the RPC must be made any crime, and
before the institution of the criminal action. ●​ Those who fail to surrender voluntarily when summoned
for execution of sentence.
Pardon in rape.
Consequently, rape is no longer considered a private crime or that Rules
which cannot be prosecuted, except upon a complaint filed by the ●​ If the detention prisoner does not abide by the rules
aggrieved party. Hence, pardon by the offended party of the imposed on convicts – 4/5 of the period of preventive
offender in the crime of rape will not extinguish the offender's detention.
criminal liability. ●​ If the detention prisoner has been in detention for a
●​ People v. Bonaagua y Berce, G.R. No. 188897, June 6, 2011. period equal to or more than the possible maximum –
●​ *Art 266-C – Marriage. released immediately.
●​ In case, the possible penalty is destierro – released after 30
Bigamy, a public offense. days of preventive imprisonment.
●​ …a pardon by the offended party does not extinguish ●​ Reclusion Perpetua – 30 years
criminal action considering that a crime is committed ○​ (As amended by RA 10591)
against the State and the crime of Bigamy is a public
offense… (Abunado v. People, G.R. No. 159218, March 30, Art. 36. Pardon.
2004) ●​ Pardon remits the principal penalty but not the accessory
Art. 25. Penalties which may be imposed. penalty, unless the pardon expressly provides otherwise.
●​ Art. 25 is a classification of penalties as to principal or ●​ Exception: when pardon is granted after the principal
accessory penalties. penalty has been fully executed.
●​ This is also a list of the penalties that may be imposed in
the RPC. Pardon
*RA 9346 prohibits the imposition of the death penalty. The penalty By Chief Executive By offended party
of reclusion perpetua should be imposed in lieu of death.
 Does not extinguish criminal Not subject to confiscation/forfeiture
Extinguishes criminal liability liability Art. 45 of the RPC bars the confiscation of instrument or tool used in
the commission of the crime if such “be the property of a third
Offended party can waive civil
person not liable for the offense” (PDEA vs Brodett, GR No. 196390,
Cannot include civil liability liability
Sept 28, 2011)
Given before institution of criminal Release of property
Given after conviction prosecution
Property seized (not illegal per se) must be returned to the person
from whom it was taken or to person who is entitled to its
Art. 38. Pecuniary liabilities – order of payment. possession if:
1.​ Reparation of damage caused; ●​ No criminal prosecution;
2.​ Indemnification of consequential damages; ●​ Unreasonable delay in prosecution;
3.​ Fine; *Upon termination of case.
4.​ Cost of proceedings
*This article is applicable only when the property of the convict is Art. 46. Penalties on principals
not sufficient to pay all the pecuniary liabilities. ●​ The penalties provided for in the RPC are the penalties
imposed on principals for the consummated felonies.
Art. 39. Subsidiary penalty. ●​ Some provisions specify penalties for frustrated or
Under the RPC, subsidiary imprisonment is an additional penalty attempted stages.
consisting of imprisonment for a convict who has no property to pay
the fine at the rate of one day for each amount equivalent to the Art. 47. When death penalty imposed.
highest minimum wage rate prevailing in the Philippines at the time Must be imposed in all cases under existing laws.
of the rendition of judgment of conviction by the trial court. (RA Except:
10159) ●​ below 18 years old;
●​ above 70 years old;
Rules under the RPC ●​ required majority in SC is not obtained.
●​ If prision correccional or arresto and fine – subsidiary
imprisonment shall not exceed 1/3 of the term of sentence Automatic review by the SC
and in no case exceed 1 year. “If only to ensure utmost circumspection before the penalty of
●​ If penalty is only fine – subsidiary imprisonment shall not death, reclusion perpetua or life imprisonment is imposed, the Court
exceed 6 months if prosecuted for grave or less grave; and now deems it wise and compelling to provide in these cases a review
not exceed 15 days if for a light felony. by the Court of Appeals before the case is elevated to the Supreme
●​ If penalty imposed is higher than prision correccional, no Court.”
subsidiary imprisonment.
Art. 48. Complex crimes.
Special Penal Laws In complex crimes at least two crimes are committed but they
In Pp v Cubelo, 20 Nov 1959, SC ruled that the provisions of the RPC constitute only one crime… in the eyes of the law, less criminally
shall be supplementary to Special Penal Laws. perverse than one who commits two or more separate and
●​ Prision correccional and arresto. independent crimes.
●​ Prision correccional = 6 months 1 day to 6 years.
Two kinds of complex crimes
Art. 45. Confiscation and Forfeiture ●​ Compound crime — a single act constitutes two or more
●​ “Every penalty” presupposes this is an accessory penalty. grave or less grave felonies. Ex: throwing a hand grenade at
●​ Confiscation or forfeiture is in favor of the government. a group of people causing death or injuries to several in
●​ If a third person owns the property and is not liable for the the group.
offense, the property cannot be confiscated or forfeited in ●​ Complex crime proper — one offense is a necessary means
favor of the government. for committing the other. Ex: falsifying cedulas so as to
●​ If the property is not subject of lawful commerce, it shall collect the fees from persons to whom they are issued.
be destroyed regardless of whether it belongs to the
accused or a third person. Compound crime.
Requisites:
Rules 1.​ One single act.
●​ There must be a criminal case; otherwise no penalty. 2.​ The single act produces two or more grave/less grave
●​ Property of a person not included in charge → cannot be felonies.
confiscated.
●​ Property not submitted as evidence → cannot be One single act.
confiscated. ●​ Throwing a hand grenade into a group of people is a single
act.
 ●​ Placing a bomb in an airplane is a single act. ascertained who among the offenders killed the victims (Sanidad,
●​ Firing a gun once is a single act. April 30,
2003; Lawas, June 30, 1955; Abella, Aug 31, 1979)
Double Murder.
In light of these precedents, we hold that the single act of Comparison of cases
accused-appellant — burning the house of Manual Salvador, with Lawas — home guard fired on several victims
the main objective of killing the latter and his daughter, Analyn -​ Single criminal impulse
Salvador, resulting in their deaths — resulted in the complex crime of -​ No conspiracy
double murder. -​ No evidence who killed who;
De Los Santos, Abella, Garcia, Pincalin — prison riot;
Appellant was animated by a single purpose, to kill the navy -​ Conspiracy
personnel, and committed a single act of stepping on the -​ No explanation/separation acts for a single purpose;
accelerator… (People v Punzalan) -​ Exception
Sanidad — conspiracy, single criminal impulse.

Automatic weapons Clarification of rules

Hence it is not the act of pressing the trigger which should be ●​ General rule – several acts in the presence of conspiracy,
considered as producing the several felonies, but the number of Art. 48 is not applicable;
bullet which actually produced them. Desierto CA 45 OG 4542 ●​ Exceptions – De Los Santos, Abella, Garcia, Pincalin, several
●​ … a single pull at the trigger would fire several bullets acts, presence of conspiracy, impossibility of ascertaining
automatically in succession. the number of persons killed by each accused;
●​ … changed his position to face toward one side and fired
another burst from the gun… Conclusion
●​ …where several killings … were perpetrated on the same
The firing of several bullets by Tabaco, although resulting from one occasion, but not involving prisoners, a different rule may
continuous burst of gunfire, constitutes several acts. (People v. be applied … the killings would be treated as separate
Tabaco, G.R. Nos. 100382- 100385, March 19, 1997) offenses.
○​ People v. Nelmida, G.R. No. 184500, Sept 11,
…several shots from a Thompson submachine gun causing several 2012
deaths, although caused by a single act of pressing the trigger, are ●​ Sanidad – erroneous application of the rules.
considered several acts. (People v. Vargas, Jr., G.R. No. 86728, April 6,
1990) Complex crime proper.
Requisites:
Buyco — compound crime. 1.​ At least two offenses;
Tabaco & Vargas — separate crimes. 2.​ One or some must be a necessary means to commit the
Firing in one direction — compound crime; other;
Spraying or panning the automatic weapon — separate offenses. 3.​ Both offenses must be punished under the same statute.

Two or more grave or less grave felonies At least two offenses

In case the single act produces light felonies they are either treated ●​ Falsification as a means to commit malversation (People v
as: Barbas, G.R. Nos. 41265 & 41266, July 27, 1934)
●​ Separate offenses; or ●​ Usurpation of official functions as a means to commit
●​ Absorbed. The rule that light felonies are absorbed should simple seduction. Falsification.(U.S. v. Hernandez, G.R. No.
only be applied when there is only one victim. 9405, December 24, 1914.)

No complex crimes in negligence Necessary means

“Article 48 Does not Apply to Acts Penalized Under Article 365 of the Necessary does not mean indispensable o/w the offense would be
Revised Penal Code” considered as an element of the offense and the result would be one
●​ Hence, we hold that prosecutions under Article 365 should felony committed.
proceed from a single charge regardless of the number or
severity of the consequences. The other crime must be a means to commit not to conceal. If the
other crime is used to conceal the other, they are separate offenses.
Singularity of impulse not act
Where there are several offenders and it cannot be ascertained who Applicability of Art. 48
among them killed the several deceased, there is only one crime Art. 48 does not apply to the Special Complex Crime created by RA
committed. This ruling should only be applied when it cannot be 7659,
i.e., Kidnapping w Murder, Robbery with Homicide, Rape with Art. 61. Rules for graduating penalties
Homicide. 1.​ Death
2.​ Reclusion perpetua
Forcible Abduction with Rape 3.​ Reclusion temporal
The abduction is a necessary means to commit rape. This should 4.​ Prison mayor
only be applied to the first rape. If subsequent rapes are committed, 5.​ Prision correccional
they are separate felonies, since the abduction was no longer 6.​ Arresto mayor
necessary for their commission. 7.​ Destierro
8.​ Arresto menor
Incriminatory Machinations thru Unlawful Arrest 9.​ Public censure
It is very apparent that by the use of the phrase "thru unlawful 10.​ Fine
arrest" in the information an idea is conveyed that the unlawful
arrest was resorted to as a necessary means to plant evidence in the 1st Rule. Single and indivisible
person of the offended party, thereby incriminating him. (People v. The penalty next lower in degree shall be that immediately
Alagao, G.R. No. L-20721, (30 April 1966), 123 Phil 743-751) following.
●​ Death
Penalty for complex crime ●​ Reclusion perpetua —​ penalty
The penalty is for the most serious crime committed to be applied in ●​ Reclusion temporal —​ penalty next lower in degree
its maximum period.
2nd Rule. Two indivisible penalties or one or more divisible
Continued crime penalties to be imposed to their full extent
●​ A continued, continuing or continuous is based on a single The penalty next lower in degree shall be that immediately following
criminal impulse and should result in one criminal liability. the lesser of the penalties prescribed.
●​ The difference in Dela Cruz and Enguero is that in Dela Two indivisible:
Cruz there was evidence that there was a general plan to ●​ Death —​ ​ ​ penalty for parricide
commit robbery in the vicinity of the eight households. In ●​ Reclusion perpetua —​ penalty for parricide
Enguero no such evidence was presented. ●​ Reclusion temporal —​ penalty next lower in degree

Art. 49. Penalty when crime different from that intended. 2nd Rule. One or more divisible penalties to be imposed to their
This article is only applicable in error in personae. full extent.
●​ In aberration ictus – penalty for the most serious in its One divisible penalty to be imposed to its full extent. The penalty
maximum; next lower in degree shall be that immediately following the lesser
●​ In praeter intentionem – penalty for the crime committed. of the penalties prescribed.
●​ Reclusion perpetua
Rules ●​ Reclusion temporal —​ penalty
Rule 1 — Penalty for felony committed is higher than penalty for ●​ Prision mayor —​ ​ penalty next lower in degree
felony intended: Penalty for felony with lower penalty imposed in
maximum. 2nd Rule.
Rule 2 — Penalty for felony committed is lower than penalty for Two divisible penalties to be imposed to their full extent. The
felony intended: Penalty for felony with lower penalty imposed in penalty next lower in degree shall be that immediately following the
maximum. lesser of the penalties prescribed.
●​ Prision mayor — ​ ​ penalty
Art. 50-57 ●​ Prision correccional —​ penalty
●​ Rules in determining the imposable penalties for ●​ Arresto mayor —​ ​ penalty next lower in degree
accomplices and accessories of frustrated and attempted
felonies. 3rd Rule. One or more two indivisible penalties and the maximum
●​ Degree is one entire penalty. period of another divisible penalty.
●​ Period is one of the three equal portions of a divisible
penalty.
●​ A period when prescribed by the RPC as a penalty for a
felony is considered a degree.

Art. 60. Exceptions.

The rules in Art 50-57 are not applicable where the law specifically
provides for a penalty for a frustrated or attempted stage of a felony
or specifically provides for the penalty of an accomplice or accessory.
4th Rule. Penalty is composed of several periods (at least 3).
The penalty next lower in degree shall be composed of the period
immediately following the minimum prescribed and of the two next Art. 62. Par. 4. Circumstances consisting in the material execution
following either from the penalty prescribed or the penalty of the crime.
immediately following. ●​ Material execution - treachery
●​ Means employed - poison, fire, etc.
●​ Affects only those who had knowledge of them at the time
of execution of the act or their cooperation therein.

Art. 62. Par. 5. Habitual Delinquency.

A habitual delinquent is one who within a period of 10 years from
the date of his last release or conviction of the crimes of serious or
less serious physical injuries, robbery, theft, estafa or falsification, is
found guilty of any said crimes a third time or oftener.
5th Rule. Not specially provided for in Rule 1-4.
●​ Proceed by analogy. Rules on habitual delinquency
●​ If the penalty consists of two periods, the penalty next ●​ Crimes: Serious and less serious physical injuries, robbery,
lower in degree is the penalty consisting of two periods theft, estafa and falsification;
immediately down the scale. ●​ Additional penalty;
●​ If the penalty consists only of one period, the penalty next ●​ The additional penalty is imposed upon a third conviction.
lower in degree is the next period immediately down the ●​ The 10 years – from the last conviction or release.
scale. ●​ The subsequent crimes must be committed after
conviction of the former crime.
Art. 62. Application of mitigating, aggravating circumstances and
habitual delinquency. Art. 63. Indivisible Penalties.
●​ 1st rule. Aggravating circumstances which in themselves ●​ Single Indivisible –imposed regardless of the presence of
constitute the crime or are included by law in defining the circumstances
crime — No effect. ●​ Two indivisible penalties
○​ “By means of fire” not taken into consideration ○​ One aggravating — greater penalty
in arson ○​ No mitigating no aggravating — lesser penalty
○​ “Dwelling” in robbery with force upon things. ○​ Some mitigating no aggravating — lesser penalty
○​ “Abuse of confidence” in qualified theft. ○​ Both — offset according to number and
●​ Taking advantage of public position and committed by a importance.
syndicate — maximum regardless of mitigating
circumstances. Art. 64. Penalties which contain three periods.
●​ Syndicate — two or more persons. Rule 1. No aggravating and no mitigating — medium period
Rule 2. Only a mitigating — minimum
Art. 62. Par. 2. Inherent Rule. Only an aggravating — maximum
●​ When the aggravating circumstance is inherent in the Rule 4. When there are both aggravating and mitigating
crime – No effect. circumstances the court shall offset those of one class against the
●​ When the aggravating circumstance is inherent in the other.
crime – No effect.
Two or more mitigating and no aggravating
Art. 62. Par. 3. Circumstance relating to the persons participating in Rule 5. Two or more mitigating and no aggravating circumstance –
the crime. penalty next lower in degree in the period applicable according to
1)​ Moral attributes of the offender. the number and nature of circumstance. This is called a Privileged
●​ Evident premeditation (aggravating) Mitigating Circumstance.
●​ Passion or obfuscation (mitigating)2 -​ The mitigating circumstance that constitutes the Privilege
2)​ Private relations of offender and offended party Mitigating Circumstance can no longer be considered in
●​ relationship , e.g., father and son determining the imposable period.
3)​ Any other personal cause Art. 65. Dividing penalties (divisible) into three equal portions.
●​ Minority ●​ Step 1. Determine the duration of the penalty in its
●​ Insanity entirety by ascertaining the minimum and maximum.
●​ recidivism ●​ Step 2. Determine the time included in the penalty
4)​ In these three instances the aggravating or mitigating prescribed by subtracting the minimum from the
circumstance shall affect only those to whom such maximum. The minimum subtracted from must not
circumstance is present. include the 1 day.
 ●​ Step 3. The difference should be divided into three equal The one day is added to delineate where one period ends and
portions. another begins.
●​ Step 4. The minimum (including the 1 day) is the minimum
of the minimum period. Add the quotient to the minimum Art. 66. Imposition of fines.
and you have the maximum of your minimum period. ●​ Wealth or means of the culprit is the primary
●​ Step 5. Add 1 day to the maximum of the minimum period consideration.
and you have the minimum of the medium period. Add the ●​ Mitigating and aggravating circumstances shall also be
quotient to the minimum (w/o including the one day) and considered.
you have the maximum of the medium period of the
penalty. Art. 69. Crime not wholly excusable.
●​ Step 6. Add 1 day to the maximum of the medium and you ●​ Privileged mitigating circumstance.
have the minimum of the maximum period of the penalty. ●​ Majority of the elements of a justifying or exempting
Add the quotient to the minimum (w/o including the one circumstance are present.
day) and you have the maximum of the maximum period ●​ One or two degrees lower.
of the penalty.
Art. 70. Service of sentence.
Prison correccional medium and maximum ●​ Simultaneous if the nature of the penalties allow
Step 1. Determine the duration of the penalty in its entirety by otherwise the penalties must be served successively.
ascertaining the minimum and maximum. ●​ Disqualification, suspension, destierro, censure, civil
●​ 2 years 4 months and 1 day to 6 years interdiction, confiscation and costs are penalties that may
Step 2. Determine the time included in the penalty prescribed by be served simultaneously.
subtracting the minimum from the maximum. The minimum
subtracted from must not include the 1 day. Penalty of imprisonment
●​ Multiple penalties consisting of imprisonment have to be
served successively.
●​ The order of severity in Art 70 must be observed. The most
severe must be served first.

Step 3. The difference should be divided into three equal portions. Three-fold rule and 40-year limit
●​ 3 years and 8 months divided by 3 = 1year 2 months and ●​ A convict’s sentence shall not exceed more than three
20 days. times the length of time corresponding to the most severe
Step 4. The minimum (including the 1 day) is the minimum of the of the penalties imposed on him.
minimum period. Add the quotient to the minimum and you have ●​ Shall not exceed 40 years.
the maximum of your minimum period. ●​ Does not preclude the imposition of subsidiary
●​ 2 years 4 months + 1year 2 months 20 days = 3 years 6 imprisonment.
months 20 days.
●​ The minimum period is, therefore, 2 years 4 months 1 day Arresto Menor & Mayor
– 3 years 6 months and 20 days. The court in its discretion may, in lieu of service in jail, require that
Step 5. Add 1 day to the maximum of the minimum period and you the penalties of arresto menor and arresto mayor be served by the
have the minimum of the medium period. Add the quotient to the defendant by rendering community service in the place where the
minimum (w/o including the one day) and you have the maximum of crime was committed. (Community Service Act, Republic Act No.
the medium period of the penalty. 11362, Aug 8, 2019)
●​ 3 years 6 months 20 days + 1 year 2 months 20 days = 4
years 9 months 10 days Community service
●​ The medium period is, therefore, 3 years 6 months 21 days … shall consist of any actual physical activity which inculcates civic
– 4 years 9 months 10 days. consciousness, and is intended towards the improvement of a public
Step 6. Add 1 day to the maximum of the medium and you have the work or promotion of a public service. (RA 11362)
minimum of the maximum period of the penalty. Add the quotient
to the minimum (w/o including the one day) and you have the Art. 71. Graduation of penalties
maximum of the maximum period of the penalty. ●​ Under Art. 9346 Death has been effectively eliminated
●​ 4 years 9 months 10 days + 1 year 2 months 20 days = 5 from the list of imposable penalties under Art. 71.
years 11 months 30 days or 6 years ●​ This affects not only the consummated stage and the
●​ The maximum period is, therefore, 4 years 9 months 11 principals but also for the frustrated and attempted stage
days – 6 years. as well with respect to the accomplice and accessory.
Minimum — 2 years 4 months 1 day – 3 years 6 months and 20 days
Medium — 3 years 6 months 21 days – 4 years 9 months 10 days Effect of RA 9346
Maximum — 4 years 9 months 11 days – 6 years
…the negation of the word "death" as previously inscribed in Article ●​ Making an exception out of a penalty composed of periods
71 will have the effect of appropriately downgrading the proper corresponding to different penalties would have no legal
penalties attaching to accomplices, accessories, frustrated and basis.
attempted felonies to the level consistent with the rest of our penal
laws. Arresto Mayor does not follow the general rule.
Minimum — 1 month 1 day to 2 months
Medium — 2 months 1 day to 4 months
Maximum — 4 months 1 day to 6 months

Indeterminate Sentence Law

●​ A penalty with a minimum AND a maximum instead of a
straight penalty.
●​ Authorizes the release of a convict after having served the
minimum of his sentence.

Common instances the ISL does not apply

●​ Convicted; death or life imprisonment, reclusion perpetua;
●​ Habitual delinquents;
●​ Escaped from confinement or evaded sentence;
●​ Imprisonment; Maximum does not exceed 1year;
Art. 72
Satisfaction of civil liability is based on the chronological order that RPC and Special Laws
they are imposed. Special law
●​ Minimum — not be less than the maximum prescribed by
Art. 73 law
Accessory penalties under Art.’s 40-45 are deemed imposed. ●​ Maximum — not exceed the maximum fixed by law
Subsidiary imprisonment is not an accessory penalty. RPC
●​ Minimum — shall be within the range of the penalty next
Art. 74 lower to that prescribed by the code for the offense
Death shall not be imposed through the process of graduation. ●​ Maximum — that, in view of the attending circumstances,
could be properly imposed under the rules of the RPC
Art. 75. Increasing or decreasing fine by one or more degrees. Special Penal Laws
●​ Fines are increased or decreased by one-fourth (1/4) of the ●​ Sec 11 of RA 9165 for possession of shabu less than 5
maximum. grams is punishable by imprisonment (12 years 1 day to 20
●​ There must be a minimum and a maximum for this article years)
to be applicable. ●​ An ISL would be a:
●​ Only the maximum is increased or decreased, the ○​ Minimum must not be less than the minimum
minimum is never changed. (12y 1d)
○​ Maximum must not exceed the maximum (20y)
Increasing or decreasing the fine. ●​ Ex:
○​ 12 years and 1 day to 15 years OR
○​ 14 years and 1 day to 20 years imprisonment.

Steps RPC
1.​ Ascertain the penalty prescribed for the offense w/o
Art. 76. Legal periods of divisible penalties
considering the attendant circ.
The intention of the law is to give the three periods of a penalty
2.​ Use the said penalty as the basis for determining the
equal or uniform duration due to the ff:
minimum, which is the penalty next lower in degree. This
●​ Equal and uniform durations is provided by the law.
is the minimum of the indeterminate sentence.
●​ Not mandatory that they be used where the periods of a
3.​ Fix the maximum by imposing the penalty prescribed by
prescribed penalty correspond to different divisible
the law taking into consideration the attending
penalties.
circumstances.
●​ May result in periods not being of equal and uniform
duration.
Homicide, no mitigating, no aggravating.
●​ Rules require that a divisible penalty be divided into three
1.​ Homicide is punished by Reclusion Temporal.
equal portions.
 2.​ Penalty next lower in degree to Reclusion Temporal is
Prision Mayor. Prision Mayor is the minimum of your First opportunity
indeterminate sentence. ●​ …conviction that for the first time imposes on him a
3.​ Maximum is Reclusion Temporal in its medium period probationable penalty. Had the RTC done him …This
since there are no aggravating or mitigating circumstances. would have afforded Arnel the right to apply for probation.
4.​ The indeterminate sentence, therefore, is Prision Mayor to ○​ Colinares vs Pp, GR No. 182748, December 13,
Reclusion Temporal Medium. 2011

Frustrated Homicide with Direct Assault Colinares formalized; RA 10707

●​ Frustrated Homicide – Pr May; Direct Assault – Pr Corr "SEC. 4. Grant of Probation. — xxx : Provided, That when a judgment
Med- Max. Penalty for complex crime is for the graver of conviction imposing a non-probationable penalty is appealed or
offense w/c is Prision Mayor. reviewed, and such judgment is modified through the imposition of
●​ Penalty next lower to Pr Mayor is Prision Correccional. a probationable penalty, the defendant shall be allowed to apply for
Prision Correccional is the minimum. probation based on the modified decision before such decision
●​ Max is Prision Mayor in its maximum period (complex becomes final.
crime)
●​ Indeterminate sentence is, therefore, Prision Correccional Disqualified from probation
to Prision Mayor Maximum. ●​ Imprisonment of more than 6 yrs;
●​ Previously been convicted and punished by
Privileged Mitigating Circumstances ○​ Imprisonment of more than six (6) months and
General rule is: find the penalty next lower in degree to the penalty one (1) day and/or
prescribed by law without first considering the attending circ. ○​ A fine of more than one thousand pesos
Exception is: a privileged mitigating circumstance (two or more (P1,000.00)
mitigating circumstances w/o any aggravating circumstance, Art. 64 ●​ Have been once on probation
par 5). In this case the privileged mitigating circumstance is first
applied to determine the basis for the minimum. Periods of probation
●​ Sentence is not more than 1 year – not to exceed two
Estafa thru Falsification by a Public Officer with two mit and no agg years.
(privileged mitigating circumstances). ●​ All other cases – not to not exceed 6 years.
1.​ Penalty for the most serious offense – Prision Mayor. ●​ Subsidiary imprisonment – not less than nor more than
2.​ Apply the privileged mitigating circumstance – Prision twice the number of days of subsidiary imprisonment.
Correccional.
3.​ Determine the minimum – Arresto Mayor. Art. 89. Total Extinction of criminal liability.
4.​ Determine the maximum – Prision Correccional (maximum 1.​ Death
period) 2.​ Service of sentence
5.​ Indeterminate sentence is Arresto Mayor to Prision 3.​ Amnesty
Correccional Maximum. 4.​ Absolute pardon
5.​ Prescription of the crime
Probation 6.​ Prescription of the penalty
●​ … a convict is released subject to conditions … and to the 7.​ Marriage (Art. 344)
supervision
●​ …a sentence consisting of imprisonment is not executed, Death
●​ … violates of the terms, convict serves the sentence. ●​ Personal penalties – extinguished whether death occurs
before or after conviction.
When to apply for probation ●​ Pecuniary penalties are extinguished when death occurs
●​ …within the period for perfecting an appeal (15 days from before final judgment. Fines and costs shall subsist if death
promulgation). occurs after final judgment.
●​ Appeal OR probation.
●​ Choosing one excludes the other. Death before final judgment
●​ Criminal liability is extinguished as well as his civil liability if
Manifest remorse it is based solely on the offense committed.
●​ … no application for probation shall be entertained or ●​ Civil liability that can be predicated on some other source
granted if the defendant has perfected the appeal from the of obligation, e.g., law, contract or quasi-delict survives.
judgment of conviction.”
●​ …should be availed of at the first opportunity by convicts Death pending appeal
…who manifest spontaneity, contrition and remorse.”
○​ Sable vs Pp, GR No. 177961, Apr 7, 2009
 ●​ extinguishes his criminal liability as well as the civil liability
based solely thereon. … only the civil liability directly Art. 91. Computation of period (RPC)
arising from and based solely on the offense committed… ●​ Commences upon discovery by the offended party,
○​ Pp v Bayotas, GR No. 102007, 2 Sept 1994 authorities, or their agents.
●​ It is interrupted by the filing of complaint or information.
Amnesty and pardon ●​ Commences to run again when the proceedings terminate
●​ Amnesty completely extinguishes the offense, the penalty w/o the accused being convicted or acquitted or
and the effects thereof. However, amnesty does not unjustifiably stopped for any reason not imputable to him.
extinguish civil liability.
●​ Pardon merely exempts the convict from the punishment Interruption of periods
the law inflicts for a crime committed. The Court takes this opportunity to pronounce that the filing of the
complaint before the prosecution office and the conduct of the
Prescription of the crime/penalty summary investigation should toll the running of the prescriptive
●​ The State loses the right to prosecute an offender due to period. (Pp vs Consebido, G.R. No. 258563, 2 Apr 2025)
the lapse of time.
●​ The State loses the right to execute final sentence after the Art. 92. Prescription of penalties
lapse of time. The State loses the right to execute final sentence.
●​ Death and Rec Perp​​ — 20 years
Marriage must be in good faith ●​ Other afflictive penalties​ — 15 years
The manner in which the appellant dealt with the girl after the ●​ Correctional penalties​ — 10 years
marriage, as well as before, shows that he had no bona fide Except — arresto mayor
intention of making her his wife…and it supplies no impediment to ●​ Light penalties​ ​ — 1 year
the prosecution of the wrongdoer.” (PP vs. SANTIAGO, G.R. No.
27972, 1927 October 31, 1927) Prescription
●​ Prescription of penalties ​ — sentence must be final
Absolved and released ●​ Prescription of crimes​ — penalty prescribed by law
…we find the marriage between appellant and private complainant ●​ Prescription of penalties​ — penalty imposed
to have been contracted validly, legally, and in good faith… (People
v. De Guzman, G.R. No. 185843 (Resolution), March 3, 2010.) Art. 93. Computation of period
●​ Begins — “...evades service of sentence.”
Art. 90. Prescription of crimes ●​ Interrupted when convict:
The State loses the right to prosecute an offender. ○​ Gives himself up,
●​ Death, Rec Perp, Rec Temp ​ — 20 years ○​ Captured,
●​ Afflictive​ ​ ​ — 15 years ○​ Goes to a foreign country, or
●​ Libel and other offenses​ — 1 year ○​ Commits another crime.
●​ Oral defamation and ​ — 6 months
Slander by Deed Art. 94. Partial Extinction.
●​ Light Offenses​ ​ — 2 months ●​ Conditional pardon. Condition usually takes the form of an
undertaking that the convict shall not violate any penal
Prescriptive periods of crimes punished by special laws (Act no. law.
3763) ●​ Commutation. Commutation reduces the degree of the
Punished by: penalty or reduces the length of imprisonment.
●​ Good Conduct Allowances. Art. 97. Applies to both
convicts and detention prisoners.

Art. 97. Good Conduct Allowance

For every month of good behavior, a prisoner is entitled to a
deduction from the period of his sentence. (Sec. 3, RA 10592)
Computation in SPL’s.
GTCA available to persons charged with heinous crimes
●​ Begins from the date of commission or date of discovery;
Guinto vs DOJ, 3 Apr 2024, GR No. 249027
●​ Interrupted when proceedings are instituted against guilty
Therefore, the following may earn GCTA credits:
person and begins to run again if proceedings are
1.​ Those offenders who are not recidivists, habitual
dismissed;
delinquents, escapees, and charged with heinous crimes
●​ Cannot be convicted or a lesser offense if the lesser
under Article 29 of the RPC, as amended by R.A. No.
offense has already prescribed at the time the information
10592; and
was filed;
 2.​ Those offenders who are already convicted, regardless if
they are recidivists, habitual delinquents, escapees, or
convicted of heinous crimes, so long as they are in any
penal institution, rehabilitation or detention center or any
local jail pursuant to Article 97 of the RPC.

Art. 98. Special time allowance for loyalty.

●​ 1/5 of the period of the sentence;
●​ During disorders, conflagrations, earthquakes, or other
calamities;
●​ Gives himself up within 48 hours;
●​ 2/5 of the period of sentence if the prisoner chooses to
stay.
○​ Sec. 4, RA 10592