Revised Penal Code Articles 21-30

Title Three
PENALTIES
Chapter One
PENALTIES IN GENERAL
Article 21. Penalties that may be imposed. - No felony shall be punishable by any penalty not
prescribed by law prior to its commission.
Article 22. Retroactive effect of penal laws. - Penal Laws shall have a retroactive effect insofar as
they favor the persons 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.
Article 23. Effect of pardon by the offended party. - A pardon of 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.
Article 24. Measures of prevention or safety which are nor 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 of public office during the trial or in order to institute
proceedings.
4. Fines and other corrective measures which, in the exercise of their administrative
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.
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.

Revised Penal Code Articles 21-30

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Revised Penal Code Articles 21-30

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Title Three

Penalties common to the three preceding classes:

Perpetual or temporary absolute disqualification,

Section One. - Duration of Penalties

In case of temporary disqualification, such disqualification as is comprised in paragraphs 2

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