Rules Governing The Application of Penalties Under The Revised Penal Code

Rules governing the application of penalties under the Revised Penal Code
1. No penalty may be imposed if not prescribed before the offense the

commission of the felony.
2. The application of the RPC may be applied retroactively if it will be in favor of

the guilty person EXCEPT (a) when the law provides otherwise; or (b) in the
case of habitual criminals
The RPC may have retroactive effect even if: (a) the prosecution has began;
(b) the sentence has been imposed but the service has not begun; (c) the
sentence is being carried out.
3. Pardon does not extinguish the criminal action EXCEPT in case of pardon
under Art. 344 (seduction, abduction, rape, acts of lasciviousness; Note that
in rape, Art. 266-C reads:
Article 266-C. Effect of Pardon. - The subsequent valid marriage between the
offended party shall extinguish the criminal action or the penalty imposed.
"In case it is the legal husband who is the offender, the subsequent forgiveness
by the wife as the offended party shall extinguish the criminal action or the
penalty: Provided, That the crime shall not be extinguished or the penalty
shall not be abated if the marriage is void ab initio.)
Civil liability is only extinguished if there is an expressed waiver.
Presidential pardon does not extinguish civil liability, and shall not restore
the right to public office, right of suffrage EXCEPT when expressly restored.
The pardon shall (a) only be made after conviction, and (b) not extend to
impeachment.
4. If the offender is in prison, the term for the temporary penalties shall start
from the day of his final conviction.
If not, the duration of the penalty consisting of deprivation of liberty shall be
computed from the day of that the offender has been placed under the
disposal of judicial authorities, while the other penalties shall be from the
day on which he commences to serve his sentence.
5. Offenders shall be credited with the period of their preventive suspension

EXCEPT (a) recidivist; (b) failed to surrender voluntarily; (c) habitual
delinquents; (d) escapees; (e) charged with heinous crimes.
6. In case of civil liability and the property of the offender is insufficient, the
order of payment shall be: (RIFCo)
1. Reparation of damage caused
2. Indemnification of consequential damages
3. Fine
4. Costs of proceedings
7. In case the offender has no property to satisfy his pecuniary liabilities, he

shall be to a subsidiary liability, under the following rules:
a. if the penalty is prision correccional or arresto and fine, the subsidiary
liability shall not exceed 1/3 of the term and not for more than one year;
b. if only a fine, the subsidiary imprisonment shall not exceed 6 months if
the felony committed is either grave or less grave; if the crime is a light
felony, the subsidiary imprisonment shall not exceed 15 days
c. if higher than prision correccional, no subsidiary imprisonment
8. Accessory penalties are deemed imposed.
Principal Penalty Accessory Penalty
Death  Perpetual absolute disqualification

 Civil interdiction
Prision Mayor  Temporary absolute disqualification

 Perpetual special disqualification (right
of suffrage)
Prision correccional  Suspension from public office

(exceeding 18 months)
 Right to follow profession or calling
 Perpetual special disqualification (right
of suffrage)
Arresto  Suspension of right to hold office

 Right of suffrage
9. The effects of the crime shall be confiscated and forfeited in favor of the state.
There shall be no valid confiscation or forfeiture if the effects of the crime
had not been placed at the disposal of the court, or submitted in evidence.
10. The penalty provided for by law refers to the principals and to consummated
offenses, EXCEPT if the law provides for the penalty incase of frustrated or
attempted stage.
Degree – refers to the stage of execution
Period – proper period of the penalty
11. Death penalty is suspended under R.A. 9346
12. In case of complex crimes, the penalty for the most serious crimes shall be
imposed in its maximum.
Compound crime – single act constitutes two or more grave or less grave
felonies
Complex crime proper- the offense is a necessary means to commit another
offense
Crimes may be complexed if they fall under the same statute.
Slight physical injuries is absorbed in case the crime is committed by force or
violence.
Destruction of property is absorbed in arson.
No complex crime in case of rebellion with murder, arson, robbery.
Special complex crimes are prescribed with their own penalty (a) rape with
homicide, (b) arson with homicide, (c) robbery with rape, (d) kidnapping
with serious physical injuries, (e) kidnapping with murder/homicide.
Continued crimes refer to a single crime consisting of a series of acts but all
arising from one criminal resolution. They are not complex crimes, hence, the
penalty to be imposed shall not be in the maximum.
13. If the crime committed is different from what is intended:

(a) when the penalty for the crime committed is higher than what was
intended, impose the maximum of the intended crime;
(b) when the penalty for the crime committed is lower, impose the maximum
of the crime committed;
(c) the rule shall not apply if the offense constitutes an attempt or frustration
of another crime; in such case, impose the maximum of the penalty
provided for the attempted or frustrated felony
14. The penalty provided for the accessory and accomplice shall be lower in
degree than that of the principal, and the penalty for the principal in case of
frustrated and attempted shall be lower in degree as compared to the
consummated offense as follows:
Offender Consummated Frustrated Attempted
Principal 0 1 2
Accomplice 1 2 3
Accessory 2 3 4
EXCEPTION: if the law provides for the specific penalty

Degree – refers to one entire penalty
Period – refers to one of the 3 equal portions (minimum, medium,
maximum)
15. When the penalty is single and indivisible (death and reclusion perpetua),
the penalty next lower shall be that immediately following the indivisible
penalty.
Example:
Reclusion perpetua
Reclusion temporal  penalty next lower
16. When the penalty is composed of two indivisible penalties or one or more
divisible to be imposed in their full extent, penalty next lower in degree shall
be that immediately following the lesser penalties
Example:
1. Reclusion perpetua to death
Death
Reclusion perpetua
Reclusion temporal  penalty next lower
2. Prision Mayor to Reclusion temporal

Reclusion temporal
Prision Mayor
Prision correccional  penalty next lower
When the penalty is composed of two indivisible penalties and the maximum
period of another divisible penalty, the penalty next lower shall be the medium and
minimum period of the proper divisible penalty + the maximum of the period of that
immediately following
Example:
1. Reclusion temporal maximum to reclusion perpetua
Reclusion perpetua
Reclusion temporal - maximum
Medium next lower
Minimum
17. Penalty is composed of several periods corresponding to different divisible

penalties, the penalty next lower in degree shall be composed of the period
immediately following the minimum, and of the two next following
Example
1. Prision mayor medium to Reclusion temporal minimum
Reclusion temporal - minimum
Prision mayor - maximum
- medium
- minimum
Prision correccional - maximum
- medium
18. Aggravating circumstances, if included by law in defining the crime, or

inherent in the crime, shall not be taken into account.
a. When committed by taking advantage of public position, penalty shall be
in the maximum regardless of any mitigating circumstances
b. When committed by a syndicate or organized crime group, maximum
penalty
19. In case the penalty imposed is composed of two indivisible penalties:

a. One aggravating, greater penalty shall be imposed
b. Neither mitigating nor aggravating, lesser penalty imposed
c. Some mitigating and no aggravating, lesser penalty
d. Both mitigating and aggravating, offset
20. In case the penalty contains three periods:
a. Neither aggravating nor mitigating, impose the medium penalty
b. One mitigating, impose the minimum penalty
c. One aggravating, impose the maximum
d. Both mitigating and aggravating, offset
e. Two or more mitigating and no aggravating, impose the penalty next
lower than that prescribed in the applicable period
21. In case the penalty is not composed of three periods, divide the penalty into
three equal periods, then follow the above rules.
In computing for the period, deduct the minimum from the maximum and
disregard the one day. The sum shall be divided by three, the quotient being
that which will be added to the minimum + one day.
If the quotient will leave a remainder, convert the same into months/days.
22. When not all the requisites for accident are present, (grave felony) arresto
mayor in its maximum to prision correccional in its minimum or (less grave)
arresto mayor in its minimum and medium period
23. Three-fold rule: the maximum duration of the sentence shall not be more
than three times the length of time corresponding to the most severe of the
penalties imposed upon him in case of successive service of sentences

Rules Governing The Application of Penalties Under The Revised Penal Code

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Rules Governing The Application of Penalties Under The Revised Penal Code

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Rules governing the application of penalties under the Revised Penal Code

1. No penalty may be imposed if not prescribed before the offense the

2. The application of the RPC may be applied retroactively if it will be in favor of

5. Offenders shall be credited with the period of their preventive suspension

7. In case the offender has no property to satisfy his pecuniary liabilities, he

8. Accessory penalties are deemed imposed.

Principal Penalty Accessory Penalty

Death  Perpetual absolute disqualification

Prision Mayor  Temporary absolute disqualification

Prision correccional  Suspension from public office

Arresto  Suspension of right to hold office

11. Death penalty is suspended under R.A. 9346

13. If the crime committed is different from what is intended:

Offender Consummated Frustrated Attempted

EXCEPTION: if the law provides for the specific penalty

2. Prision Mayor to Reclusion temporal

17. Penalty is composed of several periods corresponding to different divisible

18. Aggravating circumstances, if included by law in defining the crime, or

19. In case the penalty imposed is composed of two indivisible penalties:

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