What are principal penalties?
those expressly imposed by the court in the judgment of conviction
What are accessory penalties?
those that are deemed included in the imposition of the principal penalties.
What are subsidiary penalties?
those imposed in lieu of principal penalties,
i.e., imprisonment in case of inability to pay the Fine.
Effect of pardon by an offended party as to the criminal and civil liability
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.
When does pardon extinguish criminal liability?
In the crimes of (AC-SARA)
1. adultery,
2. concubinage,
3. seduction,
4. abduction,
5. rape and
6. acts of lasciviousness
Measures of prevention or safety which are not considered penalties
- 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.
- The commitment of a minor to any of the institutions mentioned in article 80 and for the purposes specified therein.
- Suspension from the employment or public office during the trial or in order to institute proceedings.
- Fines and other corrective measures which, in the exercise of their administrative or disciplinary powers, superior officials may impose upon their subordinates.
- Deprivation of rights and the reparations which the civil laws may establish in penal form.
What are the afflictive penalties?
- Reclusion perpetua,
- Reclusion temporal,
- Perpetual or temporary absolute disqualification,
- Perpetual or temporary special disqualification,
- Prision mayor.
Classification of principal penalties
- Capital punishment
- Afflictive penalties
- Correctional penalties
- Light penalties
What are the Correctional penalties
- Prision correccional,
- Arresto mayor,
- Suspension,
- Destierro.
What are the Light penalties
- Arresto menor,
- Public censure.
What penalties are common to afflictive, correctional, and light penalties?
- Fine, and
- Bond to keep the peace.
When is a fine considered afflictive, correctional, and light?
- Afflictive - >1.2 million
- Correctional - if 40,000-1.2 million
- Light - <40,000
When shall persons imposed with the perpetual penalty be pardoned?
Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years.
When shall persons imposed with the perpetual penalty not be pardoned despite serving sentence for at least 30 years?
Such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon.
What are the durations of the following penalties?
- Reclusión perpetua
- Reclusión temporal
- Prisión mayor
- Temporary disqualification
- Prisión correccional
- Suspension
- Destierro
- Arresto mayor
- Arresto menor
- Bond to keep the peace
Penalty Duration
1. Reclusión perpetua
Pardon possible after 30 years (unless considered unworthy by the President).
- Reclusión temporal
12 years and 1 day to 20 years - Prisión mayor
6 years and 1 day to 12 years - Temporary disqualification
6 years and 1 day to 12 years
(if disqualification is accessory → duration = that of principal penalty) - Prisión correccional
6 months and 1 day to 6 years - Suspension
6 months and 1 day to 6 years
(if suspension is accessory → duration = that of principal penalty) - Destierro
6 months and 1 day to 6 years - Arresto mayor
1 month and 1 day to 6 months - Arresto menor
1 day to 30 days - Bond to keep the peace
Duration = as determined by the court
Reckoning period for computation of the duration of the penalties
In prison already → count from final judgment.
Not in prison → count from when actually delivered to authorities.
Other penalties (non-imprisonment) → count from actual service (when the penalty takes effect).
Preventive imprisonment crediting rule
GR: ½ of the time served in preventive imprisonment is credited.
EXCP:
Offender status:
1. Recidivists
2. Previously convicted 2+ times
3. Failed to voluntarily surrender when summoned for service of sentence
4. Specific crimes: (REM F-VTP)
Robbery
Estafa
Malversation of public funds
Falsification
Vagrancy (already repealed by R.A. 10158 but still in old text)
Theft
Prostitution
Effects of the penalties of perpetual or temporary absolute disqualification
- Deprivation of current public office/employment
If the convict is a government employee or even an elected official, they automatically lose their position. - Loss of voting rights and right to run for office
- Disqualification from holding future public offices
For Temporary disqualification = limited duration
If the penalty is temporary, then the restrictions in (2) and (3) last only for the duration of the sentence.
- Loss of retirement benefits/pension
Effects of the penalties of perpetual or temporary special disqualification
- Deprivation of the affected office, employment, profession, or calling(COPE)
- Disqualification for holding similar offices/employments
If temporary, only during the sentence (temporary).
Effects of the penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage.
- You lose the right to vote during elections (national or local).
- You lose the right to be elected to any public office.
- You cannot hold any public office during the disqualification period.
Effects of the penalties of suspension from any public office, profession or calling, or the right of suffrage
- 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.
What is civil interdiction?
What are its effects?
A penalty depriving a person of civil rights such as:
- Parental authority → cannot exercise rights and duties over legitimate/illegitimate children.
- Guardianship (person or property of a ward) → cannot act as guardian.
- Marital authority → cannot exercise authority over spouse.
- Right to manage property → cannot administer his own estate/business.
- Right to dispose of property inter vivos (by living transfers, e.g., sale, donation).
