Chapter Two

CLASSIFICATION OF PENALTIES

Article 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,
Destierro.

Light penalties:

Arresto menor,
Public censure.

Penalties common to the three preceding classes:

Fine, and
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.

Article 26. When afflictive, correctional, or light penalty. - A fine, whether imposed as a single of 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 less than 200 pesos.

Chapter Three
DURATION AND EFFECTS OF PENALTIES

Section One. - Duration of Penalties

Article 27. Reclusion perpetua. - 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.

Reclusion temporal. - The penalty of reclusion temporal shall be from twelve years and one day to
twenty years.

Prision mayor and temporary disqualification. - The duration of the penalties of prision 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.

Prision correccional, suspension, and destierro. - The duration of the penalties of prision
correccional, suspension 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 of 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.

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.

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 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 be credited in the service of his sentence with four-fifths of the time
during which he has undergone preventive imprisonment. (As amended by Republic Act 6127, June
17, 1970).

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 or the proceeding on appeal, if the same is under review. 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 E.O. No. 214, July 10, 1988).

Section Two. - Effects of the penalties according to their respective nature

Article 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 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.

Article 31. Effect of the penalties of perpetual or temporary special disqualification. - The penalties
of perpetual or temporal 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.

Article 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.
Article 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.

The person suspended from holding public office shall not hold another having similar functions
during the period of his suspension.

Article 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.

Article 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.

The court shall determine, according to its discretion, the period of duration of the bond.

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.

Article 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.

Article 37. Cost; What are included. - Costs shall include fees and indemnities in the course of the
judicial proceedings, whether they be fixed or unalterable amounts previously determined by law or
regulations in force, or amounts not subject to schedule.

Article 38. Pecuniary liabilities; Order of payment. - In case the property of the offender should not
be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following
order:

1. The reparation of the damage caused.

2. Indemnification of consequential damages.

3. The fine.

4. The cost of the proceedings.

Article 39. Subsidiary penalty. - If the convict has no property with which to meet the fine mentioned
in the paragraph 3 of the nest preceding article, he shall be subject to a subsidiary personal liability
at the rate of one day for each eight pesos, subject to the following rules:
1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain
under confinement until his fine referred to in the preceding paragraph is satisfied, but his
subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in no
case shall it continue for more than one year, and no fraction or part of a day shall be
counted against the prisoner.

2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not
exceed six months, if the culprit shall have been prosecuted for a grave or less grave felony,
and shall not exceed fifteen days, if for a light felony.

3. When the principal imposed is higher than prision correccional, no subsidiary

imprisonment shall be imposed upon the culprit.

4. If the principal penalty imposed is not to be executed by confinement in a penal institution,

but such penalty is of fixed duration, the convict, during the period of time established in the
preceding rules, shall continue to suffer the same deprivations as those of which the
principal penalty consists.

5. The subsidiary personal liability which the convict may have suffered by reason of his
insolvency shall not relieve him, from the fine in case his financial circumstances should
improve. (As amended by RA 5465, April 21, 1969).