Philippines have general application, which means that it binds all people who live or sojourn in the

Philippines. This principle can be gleaned from the 1987 Constitution and the Civil Code of the
Philippines. [1] The Constitution provides:
The Civil Code states that:
Both citizens and aliens are bound to follow our laws. Citizens owe the State obedience for the
protection the latter is providing the former. Aliens, on the other hand, are bound by our penal laws,
because while they are within the Philippine territory, such laws protect them. In both instance, penal
laws are obligatory because of the protection given by the State.
The generality principle refers to persons who may be made liable under the Code, on the other hand,
territoriality refers to where the law takes effect. The laws of preferential application and those
provided for treaties shall serve as exceptions to the generality principle. An example of a law of
preferential application is Republic Act No. 75 which provides immunity for accredited foreign
diplomatic and consular representatives. [2]
b. Territorial and Extra-Territorial Application
One of the general characteristics of criminal law is territoriality, which means that penal laws of the
Philippines are enforceable only within its territory. [3] The Constitution provides that:
This is the extent of the Philippine territory as far as the Revised Penal Code is concerned. This
territoriality principle was not explicitly written under the old Code of 1870. [4] Although the Code is
territorial in nature as is expressly provided for, it gives certain circumstances wherein it will apply
outside the territory of the Philippines.
For the Code to apply the offense must be committed in a Philippine ship or airship. Nationality of the
vessel is vested by the registration. Therefore, a ship or airship is Filipino if it is registered in the
Philippines, particularly the government agency attributed with such function. Any person who shall
forge any coin or currency note or obligation of the Philippines and introduce the same in the territory,
even if such was committed outside the territory, maybe tried in the Philippines for violation of the
Code. A public officer, as defined in the Code, may be criminally liable, even if he is outside the
Philippines, if an offense is committed in the exercise of their functions. When a person commits a
crime against national security and law of nations, he may be held liable under Philippine Laws. The
crimes committed against national security and the law of nations are found in Chapter 1, Book 2 of
the Code, and they are as follows: treason, conspiracy to commit treason, misprision of treason,
espionage, inciting to war or giving motives for reprisal, correspondence with hostile country, violation
of neutrality and piracy. The offenses enumerated in Article 2 of the Code are said to be subject of
trial in the Philippines, despite it extra-territorial application, because its pernicious effects are felt in
the Philippines.
c. Prospective
Penal laws are prospective which means that a new penal law cannot make an act or omission a
crime, when at the time of the omission or commission of the act such was not penalized. In short, the
law in effect at the time of the commission of an act will govern. [5] The prospective principle of the
Code is in conjunction with the Constitutional provision on bill of attainder and ex-post facto law. [6] A
bill of attainder is an act which is punished without a trial [7] , while an ex-post facto law is one
wherein an act is criminalized although at the time of the commission of the act, it was not. [8]
Felonies
Felony is defined under the code as an act or omission punishable by law, committed through culpa
or dolo. [9] The words punishable by law" means that the act or omission must be defined and
punished by the Revised Penal Code and no other law. Dolo is a Spanish term which means deceit.
There is deceit when an act is performed with deliberate intent. [10] Culpa is also a Spanish term
which means fault. There is fault when negligence, imprudence, lack of skill or foresight accompanies
an unlawful act. Here lies the confusion. The Code specifically provides for a definition of a felony, but
nevertheless simultaneously uses the word crime or offense in describing the acts and omissions
punishable by the code. A crime is defined as an act or omission which is made punishable by law.
On the other hand, an offense includes both felony and crime, as it is generally referred to as
violations of the law.
A person incurs criminal liability either by committing a felony regardless of the original intent of the
actor or by committing an impossible crime. [11] A person commiting a felony is liable even if the
consequences is different from what he had wanted to do by virtue of the principle el que es causa de
la causa es causa del mal causado, in English, he who is the cause of the cause is the cause of the
evil caused. [12] On the other hand, an impossible crime is not actually a crime, as defined in the
Code. It is an act which, had it not been for its physical or legal impossibility, constitiute an offense
against persons or property. Impossible Crimes are penalized to suppress criminal propensity or
tendencies. [13] The law punishes both intentional and unintentional felonies. The rationale behind
the liability incurred for an intended act is simple: a person must be held liable for an act or omission
which the law specifically prohibits. On the other hand an unintentional act is punishable because of
the lack of skill/negligence or lack foresight/imprudence, which makes it as if it was intentional. The
provision seems to define only the liability of a principal and excludes that of the accessory and
accomplice.
Members of the Judiciary are required, under the code, to make a report to the president whenever
there is an act that should be repressed but is not made punishable by any law and also, when an
offense is penalized heavily. [14] This provision of the Code has never been used. This is because
the duty to make laws, under the Constitution, is with the Congress, and not the President. [15] The
Constitution provides that:
Congress has the legislative power which is to make, amend and repeal laws. To supplement such
power, the Constitution gives Congress the power to conduct an investigation on an issue which, in
their discretion, should be subject of legislation.
Circumstances affecting Criminal Liability
There are circumstances which are attendant in the commission of an offense which have the effect of
increasing the penalty or lowering the penalty imposed. Also, there are acts which are considered to
be wholly excusable if a certain circumstance is attendant in the commission of the felony. The Code
provides for justifying, exempting, mitigating, aggravating and alternative circumstances which alter
the penalty imposed if it is attendant in the commission of the offense. Absolutory causes, which
exempt an offender from criminal liability, may also be found in the Code, although not found in one
provision.
a. Justifying and Exempting Circumstances
Justifying Circumstances are those where the act of a person is said to be in accordance with law so
that such person is deemed not to have transgressed the law and is free from criminal and civil
liability. [16] The following circumstances, if present in the commission of a felony, serve to free the
offender of any liability:
No crime is committed therefore no civil liability attaches. The burden of proving the existence of a
justifying circumstance lies with the accused. [17] When an accused invokes self defense, it is
incumbent upon him to prove such by clear and convincing evidence. [18]
On the other hand, Exempting Circumstances are those grounds exemption from punishment
because there wanting in the agent of the crime any of the conditions which make the act voluntary or
negligent. [19] The following are exempting circumstances:
According to Guevara [20] one who acts because of an exempting circumstance commits a crime, but
because of the absence of voluntariness there is no criminal liability, only civil liability. The burden of
proving, with clear and convincing evidence, that the accused acted with the existence of an
exempting circumstance lies with the accused.
b. Mitigating Circumstances
Mitigating Circumstances are those which, if present in the commission of the crime, do not entirely
free the actor from criminal liability, but serve only to reduce the penalty. [21] Diminution of the
freedom or intelligence is the basis for the mitigation. [22] The Code provides the following
circumstance which mitigate criminal liability:
There are four kinds of aggravating circumstance, namely: generic, specific, qualifying and inherent.
Generic circumstances are those which generally apply to all crimes such as dwelling and recidivism.
Those which apply only to particular crimes are Specific circumstances. Those that change the nature
of the offense are called Qualifying circumstances. And that which necessarily accompanies the
commission of the crime is called Inherent circumstance. Qualifying circumstances must be alleged
and proved to have the necessary effect. The appreciation of a qualifying circumstance, even if it is
not alleged, constitutes a violation of the constitutional right to be informed of the nature and cause of
the accusation against him. A qualifying circumstance changes the nature of the offense committed,
therefore, constitute an integral part of the offense. The old rule is that, if the qualifying circumstance
is not alleged, it may be proved during the course of the trial, and will be considered as a generic
circumstance. [23] However, the revision of the Rules of Criminal Procedure resulted in a change of
view. Under the 2000 revision, it is now required that, qualifying and generic aggravating
circumstances be alleged in the information. [24] As a result of the revision, even if the qualifying
circumstance be proved during trial, it cannot be appreciated as a generic aggravating
circumstance. [25]
d. Alternative Circumstances
Alternative Circumstances are those when present in the commission offense serve to either
aggravate or mitigate liability, depending on the nature of the felony. [26] There are three alternative
circumstances: Relationship, Intoxication and Degree of Instruction or education of the offender. The
provision of law which enumerates the alternative circumstance does not say when exactly, save for
intoxication, shall be considered as aggravating or mitigating. Relationship is aggravating in Rape, but
it is absolutory in Malicious Mischief. Degree of Instruction as an alternative circumstance is generally
mitigating if it is low, if it is high, it becomes aggravating if he consciously avails of his knowledge to
commit the crime. [27] If intoxication is not habitual or is not subsequent to plan to commit the felony,
it is mitigating. [28] However, if it is habitual or was consciously adapted to commit the felony, it is
aggravating.
e. Absolutory Causes
Absolutory causes are acts committed still constituting a crime but the law does not punish the
offender for reason of public policy. [29] An example of an absolutory cause is when less serious or
slight physical injuries is inflicted on the wife or lover upon seeing them in the act of sexual
intercourse, the penalty of the felony committed is extinguished. [30] Another example of an
absolutory cause is when a person enters the dwelling of another to render help or render some
service. [31]
Persons Criminally Liable
The person who commits a crime is liable as a principal and there is no problem in determining his
participation. The problem arises if there is more than one participant in the commission of the crime.
The Revised Penal Code answers this by providing for various degrees of responsibility depending
upon the participation of various actors committing the crime.
Persons who take direct participation in the commission of the offense, directly forcing or inducing
others to commit the crime, or those who cooperate in the commission of the offense by another act,
without which the offense would not have been accomplished, are considered principals. [32] An
accused who personally takes part in the execution of the act resulting in the felony, is a principal by
direct participation. [33] For instance, in a case of homicide, the person who actually kills the victim is
the principal by direct participation. A person who induces or forces another to commit a crime
becomes a principal by induction. It is important for this principals liability to attach, the person whom
he induced or forced must commit the offense. [34] The inducement must be the reason for the
commission of the felony. [35] A person who does not participate in the actual commission of the
crime may be held liable if he does another act, prior or after, without which the crime could not have
been consummated.
Penalties
Penalty is a suffering that is inflicted by the State for the transgression of a law. [36] The state in the
exercise of its police power impose penalty in order to maintain peace and order. Despite the police
power, the Constitution restricts the imposition of excessive penalty, thus:
There is a three-fold purpose for the infliction of penalty: Retribution, Reformation and Social
Defense. [37] The principle that the penalty must be proportionate to the crime committed or Let the
penalty fit the crime is called the Principle of Retributive Justice. [38] Proportionality requires severity
should be allocated according to the blameworthiness of the criminal conduct. [39] A retributive
system must punish severe crime more harshly than minor crime, but delinquents differ about how
harsh or soft the overall system should be.
Although punishment is allowed by law or the commission of a crime, it is with restriction. The 1987
Constitution explicitly provides for restriction that no excessive fines be imposed and no cruel and
unusual punishment be inflicted. [40] It is for this reason that the penalty of cadena perpetua or hard
labor, which had been imposed by the Spanish Penal Code of 1870, was abolished because it was
cruel and inhumane. [41]
It is provided by law that no ex-post facto law or bill of attainder be enacted. [42] An ex-post facto law
is a law which criminalizes an act which was legal when committed or aggravates a crime by
increasing the penalty for a crime committed previously. [43] On the other hand, a bill of attainder is
an act of the legislature which declares a person or group of persons guilty of a crime and punishes
them without trial. [44] The general rule therefore is, criminal laws are given prospective application
except if it favors the accused, provided that the accused is not a habitual delinquent [45] or if the new
law specifically does not allow its retroactive applicability. A person is a habitual delinquent if within
the period of ten years from the date of his last release or last conviction of the crimes of serious or
less serious physical injuries, robbery, theft, estafa and falsification, he is found guilty of any of the
said crimes a third time or oftener. [46] The crime to which habitual delinquency shall apply is
specified by law.
The penalties enumerated in the penal code are classified as principal and accessory. [47] Principal
penalties are those expressly imposed by the court in the rendering a conviction. [48] It is further
classified according to their gravity, as Capital punishment, Afflictive penalties, Correctional penalties
and Light penalties.
The capital punishment is death, by electric chair or, starting 1996, lethal injection. The penalty of
death is not imposed when the offender is less than eighteen or more than seventy years old at the
time of the commission of the crime, or when upon appeal or automatic review of the case of the
Supreme Court, the required majority vote is not obtained. Although the Constitution specifically gives
the Supreme Court the authority to automatically review cases of death penalty, life imprisonment and
reclusion perpetua, such task is now with the Court of Appeals. [49] The penalty of death, however,
has been suspended in June 24, 2006. [50] Instead, reclusion perpetua, when the law violated makes
use of the nomenclature of the penalties of the Revised Penal Code, or life sentence, when the law
violated does not makes use of the nomenclature of the penalties of the Revised Penal Code, is to be
imposed as the penalty for the crimes punishable by death. [51] The difference between the
commutated sentence and the principal penalty lie in the eligibility for parole. Those suffering the
commutated sentence are not eligible for parole, and those who are not, parole is available. [52]
Reclusion Perpetua is classified as an afflictive penalty, the duration of which ranges from, 20 years
and 1 day to 40 years. [53] The duration of the penalty of Reclusion Temporal is imprisonment of 12
and 1 day to 20 years. [54] On the other hand, Prision Mayor lasts 6 years and 1 day to 12
years. [55] Perpetual Absolute/Special Disqualification and Temporary Absolute/Special
Disqualification are also considered afflictive penalties, although they are also considered accessory
penalties. [56]
Correctional Penalties are Prision Correcional, Arresto Mayor, Suspension and Destierro. The
penalties of Prision Correcional, Suspension and Destierro last for 6 months and 1 day to 6 years
. [57] Arresto mayor lasts for 1 month and 1 day to 6 months. [58]
Light Penalties include Arresto Menor and Public Censure. The duration of Arresto Menor is from 1
day and 30 days. [59] Public Censure or reprimand is the penalty next lower in degree of Arresto
Menor.
Temporary penalty, such as Temporary Absolute Disqualification, Temporary Special Disqualification
and suspension, shall be computed from the date the conviction becomes final, if the accused is in
prison. [60] If the offender is not in prison, computation of the duration of penalty constituting
deprivation of liberty starts from when he is placed in the custody of judicial officer for the enforcement
of his judgement. [61] Penalties involving deprivation of liberty are Imprisonment and destierro. In all
other case, the duration shall be computed from the time the offender commences to serve his
sentence. [62]
When an accused fails to put up bail or committed a non-bailable offense and he remains locked up in
prison, it is called preventive suspension. [63] The time he spends in preventive imprisonment is
credited in the service of his sentence for the full time he spent in preventive penalty, provided he
allows, voluntarily in writing, the same rules imposed on convicted prisoners to apply to
himself/herself. [64] However, if he does not allow the same rules to apply to him, only four fifths of
the time he underwent preventive imprisonment shall be credited in his service of sentence. [65] The
crediting of the preventive imprisonment shall not apply to offenders who are recidivists or those
convicted of the same crimes twice, and did not voluntarily surrender after being summoned for the
execution of their sentence. Offenders who have served the possible maximum of the offense he is
being tried for in a case which has not yet terminated, he must be released without prejudice to the
continuation of the trial or appeal. If the maximum penalty for the crime to which he may be made
liable to is destierro, he must be released after thirty days of preventive imprisonment. [66]
On the other hand, Accessory penalties are those deemed included in the imposition of the principal
penalties. According to the Code the following are Accessory penalties: Perpetual Absolute
Disqualification, Perpetual Special disqualification, Temporary Perpetual Disqualification, 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 crime, and Payment of the cost. [67] Whenever the court imposes a penalty which
carries with it other penalties, it must be understood that the offender shall be liable for the accessory
penalties as well. [68] When a higher penalty is imposed on an offense with a given penalty, without
specially designating the name of the former without, and it shall be death, same penalty and
accessories as Article 40 shall attach. [69]
Perpetual Absolute Disqualification has the effect of depriving the offender of public office or
employment, even if he is an elected officer, the right to vote or the right to be voted for, disqualifying
the offender of the offices or public employment and the exercise of the right, and loss of retirement
pay or pension for any office formerly held. [70] Temporary Absolute Disqualification has the effect of
depriving the offender of public office of the exercise of the right of suffrage and disqualification from
public office and employment only. Perpetual Absolute Disqualification, as the term suggests, lasts
during the lifetime of the accused, Temporary Absolute Disqualification, on the other hand, lasts
during the term of the sentence. After the sentence is served, the disqualification is lifted. Perpetual
and Temporary Special Disqualification on the other hand include disqualification from public office or
employment, profession or calling affected, and for holding similar offices or employment. [71] Again,
the difference is the duration of the penalty. The penalties of Perpetual or Temporary Special
Disqualification for the exercise of the right to suffrage has the effect of depriving offender from voting
and be voted for and disqualification from holding any public office/employment during the term of his
sentence. [72]
The penalty of Suspension has the effect of disqualifying the offender from holding such office and
holding another office with the similar functions, during the term of the suspension. [73]
Civil Interdiction produces several effects, such as, prohibition from exercising parental authority, or
guardianship over a ward. [74] Also he is deprived of the right to manage his own property and of the
right to manage his property and of but the right to convey his property during his lifetime. [75]
Obviously, death has no accessory penalty attached to it, because after its execution, the person who
shall be deprived of certain liberties is already dead. However, if by reason of commutation or pardon,
the offender shall suffer perpetual absolute disqualification and civil interdiction of 30
years. [76] Pardon shall have the effect of erasing the principal penalty only, however, if the executive
expressly remits the accessory penalties, then the offender shall not suffer them. The accessory
penalty of Reclusion Perpetua and Temporal are perpetual absolute disqualification, unless expressly
remitted by the pardon, and civil interdiction for life or during the sentence. [77] Prision Mayor has two
accessory penalties: temporary absolute disqualification and perpetual special disqualification from
suffrage, unless expressly remitted by the pardon. [78] Prision Correcional include the accessory
penalties of suspension from public office, profession or calling and perpetual special disqualification,
if the duration of the penalty exceeds eighteen months, unless expressly remitted by the
pardon. [79] Arresto has the accessory penalties of suspension of the right to hold office and the right
of suffrage during the term of the sentence. [80]
Penalties include forfeiture of the proceeds and the instruments or tools of the crime in favour of the
government. [81] Property owned by a third person not liable, is not confiscated, but in any case, if
property is a subject of unlawful commerce, it shall be destroyed. [82]
Payment of costs is an accessory penalty but its imposition is discretionary upon the Court. [83] Costs
include fees and indemnities in the course of the proceedings [84] and are chargeable to the accused
in a judgement of conviction. [85] If judgement is an acquittal then costs are de officio or each party
will bear expense they incurred. [86] The government shall not be liable for costs even if a judgement
of conviction is rendered against it, unless otherwise provided by law. [87]
The penalty of a felony is not only imprisonment, but also includes pecuniary liability, such as the
reparation for the damage caused, indemnification of the consequential damages, fine and costs of
the proceedings. [88] In case that the offender cannot pay all his pecuniary liabilities the law provides
for an order of the payment. The first to be paid is the reparation of the damage caused, then the
indemnification of consequential damages, after is the fine, and lastly, the costs of the
proceedings. [89] Such order is only applicable when the property of the offender is insufficient to
cover his pecuniary liabilities.
The code envisioned, not only a situation where in the offender has insufficient properties but also if
he has no property. In case the offender does not have any property he shall be subject to a
subsidiary personal liability at the rate of one day for each eight pesos, subject to the rules provided
for in the Code. [90] If the principal penalty is prision correcional or arresto and fine, his subsidiary
imprisonment should not exceed one third of the term of his sentence nor last for more than one year
and a fraction or part of a day shall not be counted against the offender. [91] Principal penalty means
the penalty imposed by the Court and not that which is prescribed by the Code, [92] the word should
be deleted because it was mistranslated. The Spanish term cuando la pena impuesta, or in English,
when the penalty imposed, is controlling. [93] When the penalty constitutes a fine, the subsidiary
penalty shall not exceed six months or fifteen days, for grave or less grave and light felonies
respectively. [94] If the penalty is greater than prision correcional, no subsidiary imprisonment shall be
imposed. [95] Even if the penalty imposed does not involve confinement but a fixed duration, the
offender shall still be subject to the deprivations under the Code.2 [96] An example of a penalty that
does not involve confinement but is of fixed duration is, the penalty imposed on the crime of
Anticipation of Public Duties [97] , which is suspension and fine. In applying the rules on subsidiary
penalty with this kind of penalty, the offender shall continue to be suspended until after the fine is
satisfied, at a rate of eight pesos a day.
Although the offender has suffered subsidiary imprisonment, he is still liable to pay the fine, in the
case that his financial circumstance should improve. [98]
The rule of subsidiary imprisonment is also applicable in penalties under a special law. Persons
convicted under special laws are liable to subsidiary imprisonment in case of insolvency, however, it
does not apply if the indemnity consists of internal revenue tax since the Tax Code does not impose
subsidiary in case of insolvency. [99]
Complex crimes constitute one crime although two or more crimes are actually committed. The
reason for this singular liability is the criminal intent of the offender, which is one, which makes it less
perverse. [100] There are two kinds of complex crimes, compound crime (delito compuesto), a single
act resulting in two or more grave or less grave felonies, and complex crime proper (delito complejo),
where an offense is a necessary means for committing the other. [101] Take note, the felony
committed must be composed of two or more grave felonies, one or more grave felonies and one or
more less grave felonies, or two or more less grave felonies. When a complex crime is committed, the
penalty for the most serious offense shall be imposed in its maximum period. [102] No complex crime
if one of the offenses committed is punishable under a Special Law.
If the crime committed is different from what was intended the penalty imposed depends on the
penalties of the crime committed and that which was intended. If the penalty for felony committed be
higher than the intended offense, the lower penalty shall be imposed in its maximum period. [103] If
the penalty for the crime committed be lesser than the penalty for the crime which was intended, the
lesser penalty in its maximum period shall be imposed. [104] If the act committed constitute an
attempt or frustration of another, and the law prescribes a higher penalty for either, the penalty for the
attempted or frustrated felonies shall be imposed in its maximum. [105] According to the Supreme
Court, the rules under Article 49 of The Revised Penal Code only apply to cases of error in personnae
or mistake in identity. [106] Likewise, Article 49 has no applicability in case where the penalty for the
offense committed and the penalty for that which was intended is the same. [107]
The penalty prescribed by the Code speaks of a principal for a consummated felony. However, there
are situations wherein the felony is not consummated, and if the penalty is made to be the same as
that of a consummated, it destroys the principle of retributive justice, which is proportionality of the
punishment to the offense committed. Also, there are instances wherein the actors in the crime have
varying degrees of participation in the commission of the offense. It is unfair to punish a person who
provided a means of transportation but was not in the actual commission of the crime in the same
manner as a person who actually committed the felonious act, unless of course there is conspiracy.
So, if the felony is frustrated or attempted, and the offended is either an accessory or accomplice, the
Code provides for their criminal liabilities, which is lower than that of the principal.
Impossible crimes are penalized because of the social danger and the criminal propensity of the
offender. The penalty of Arresto Mayor and a fine of two hundred pesos to five hundred shall be
imposed on a person intending to commit an offense but does not because of the inherent
impossibility of its commission, or because the means used is ineffectual or
inadequate. [108] According to Guevara [109] , the applicability of Article 59 of the Code is limited to
an act which would have constituted a grave or less grave felony, to avoid a situation where the
penalty for the non-commission (impossible crime) is greater than the committed act (light felony).
The existence of an aggravating circumstance has an effect of increasing the penalty, except when it
constitutes a crime in itself or inherent in the crime that it necessarily accompanies its
commission. [110] If advantage of public position was committed, the penalty will be imposed in its
maximum, regardless of the existence of a mitigating circumstance. If a crime is committed by a
syndicate or a group of two or more persons mutually helping each other for purposes of gain in the
commission of a crime, the penalty shall be in its maximum period. [111] Aggravating or mitigating
circumstances which are from the moral attributes of the offender or his private relations with the
offended party, or any other personal reasons, shall serve to mitigate or aggravate the liability of the
principals, accomplices and accessories as to whom such circumstances are attendant. [112] The
circumstances which consist in the material execution of the act, or in the means employed to
accomplish such, shall serve to aggravate or mitigate the liability of those persons only who had
knowledge of them at the time of the execution of the act or their cooperation therein. [113]
A habitual delinquent is any person who, within a period of ten years from the date of his last release
or last conviction of the crimes of serious or less serious physical injuries, robo, hurto, estafa or
falsification, he is found guilty of any of said crimes a third time or oftener. If a person is considered a
habitual delinquent he shall be liable for an additional penalty. Upon a third conviction he shall be
sentenced to the penalty provided by law for the last crime of which he be found guilty and to the
additional penalty of prision correccional in its medium and maximum periods. [114] For a fourth
conviction, there is an additional penalty of prision mayor in its minimum and medium period. [115] If
he continues, and gets convicted for a fifth time, he shall serve additional penalty of prision mayor in
its maximum period to reclusion temporal in its minimum period. [116] The total of the two penalties to
be imposed upon the offender shall in no case exceed 30 years. [117]
In cases where the penalty imposed is a single indivisible penalty, the Courts shall apply such despite
the existence of aggravating or mitigating circumstance. [118] The law does not define what an
indivisible penalty, but Justice Luis B.Reyes [119] gives us an example. He says that an example of a
single and indivisible penalty is reclusion penalty and death, and for two indivisible penalties,
reclusion perpetua to death. [120] When the penalty is composed of two indivisible penalties the
greater penalty shall be imposed if there is an aggravating circumstance present, but if there is no
circumstance present or a mitigating circumstance is taken into consideration, the lesser penalty shall
be imposed. [121] If both aggravating and mitigating is present, the court will allow them to offset one
another. [122]
Divisible penalties are flexible penalties or capable of being equally distributed. The legal period of
duration of divisible penalties shall be considered as divided into three parts, forming three periods,
the minimum, the medium, and the maximum. [123] If the penalty is not composed of three periods,
the court shall divide into three equal portions the time included in the prescribed penalty and, forming
a period for each portion. In cases in which the law prescribes a penalty composed of three distinct
penalties, each one shall form a period; the lightest of them shall be the minimum the next the
medium, and the most severe the maximum period. [124] An example of this is, arresto mayor to
prision mayor. Arresto Mayor is the minimum, prision correcional is the medium and prision mayor is
the maximum. When there is no aggravating or mitigating circumstance, and the penalty prescribed
by law is divisible, penalty imposed shall be in its medium period. [125] If there is an aggravating
circumstance the penalty shall be imposed in its maximum period. [126] If an aggravating and
mitigating circumstance is attendant in the commission of the felony, then the court shall allow it to be
offset. [127] If there are two or more mitigating circumstances and no aggravating circumstance, the
penalty next lower in the period the court may deem applicable, shall be imposed. [128] In no case
will the penalty, with the view of the aggravating circumstance, be greater than the maximum penalty
imposed by law. [129]
When not all the requisites of accident, under Article 12 of the Code, is present to be wholly exempt
from criminal liability, the penalty of arresto mayor to prision correctional in its minuimum period shall
be imposed if he shall be guilty of a grave felony, and arresto mayor in its minimum and medium
periods if he is guilty of a less grave felony. [130]
An act which is not wholly excusable or justified, under articles 11 and 12, shall have a penalty in the
period which the court may impose, provided that majority of the requisites for it to be exempt or
justified is present. [131] In cases falling under Article 11, paragraphs 1, 2 and 3, unlawful aggression
is an essential requisite, the absence of which will not entitle the offender of the application of this
provision. [132]
When the offender has to serve two or more penalties, he shall simultaneously serve them if the
nature of the penalties will allow it. To allow successive execution, the order of severity shall be
followed in the imposition of the penalty. For the purpose of applying successive sentences, the
following is the order of penalty according to their severity: Death, Reclusion perpetua, Reclusion
temporal, Prision mayor, Prision correccional, Arresto mayor, Arresto menor, Destierro, Perpetual
absolute disqualification, Temporary absolute disqualification. Suspension from public office, the right
to vote and be voted for, the right to follow a profession or calling, and Public censure. [133]
However, the maximum duration of the offenders sentence should not be more than three-fold the
length of time corresponding to the most severe of the penalties imposed upon him. Such maximum
period shall in no case exceed forty years. This is the three-fold rule.
By virtue of a final judgement, the penalty shall be executed, which shall be in the form prescribed
and expressly authorized by law. [134] Special regulations, like the separation of the gender in
different institutions, or at least into different departments and also for the correction and reform of the
offenders, prescribed for the government of the institutions in which the penalties are to be suffered
shall be observed with regard to the character of the work to be performed, the time of its
performance, and other incidents connected to it. [135]
In case of insanity, if the offender loses his sanity after final sentence is pronounced or during the
service of such, sentence shall be suspended, but if he recovers his sanity, he shall serve his, unless
the penalty has prescribed. In all cases, civil liability is not suspended. [136]
The suspension of sentence of minors is now governed by the provisions of the Child and Youth
Welfare Code [137] and the Juvenile Justice and Welfare Act. [138]
The death sentence is executed with preference to any other penalty in accordance with the
provision on successive sentences. Before the amendment of the Code, the death penalty was
executed by electrocution. However, the enactment of R.A. 8177 changed the execution of the capital
punishment to lethal injection. [139] The Court shall designate a working day for the execution but not
the time, and shall not be communicated to the offender before sunrise, and the execution shall take
place after the expiration of at least eight hours following the notification, but before
sunset. [140] During this time, the offender shall be furnished assistance as he may request. The
execution shall takes, place in Bilibid, closed to the public, except for priest assisting the offender, his
lawyers, family, physician and the necessary persons of the penal establishment. [141] The corpse of
the offender shall be given to an institute of learning or scientific research, who in turn is obliged to
arrange the burial of the remains, unless the body is claimed by the family. [142]
A convicted woman, who is pregnant shall not be executed until after giving birth. Also, the execution
shall be suspended, until after three years has passed after the date of the sentence.
The penalties of reclusion perpetua, reclusion temporal, prision mayor, prision correccional and
arresto mayor, shall be executed and served in the penal established by law. [143] The penalty of
arresto menor shall be served in the municipal jail, or in the house of the defendant himself under the
surveillance of an officer of the law, when the court so provides in its decision. [144] Any person
sentenced to destierro shall not be permitted to enter the place or places designated in the sentence,
nor within the radius therein specified, which shall be not more than 250 and not less than 25
kilometers from the place designated. [145]


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