Criminal Law
Updated 19th April 2025
Table of Penalties
Principal Penalties
| Penalty | Duration | Legal Basis |
|---|---|---|
| Death | Capital punishment (currently abolished) | Art. 25, RPC; abolished by RA 9346 |
| Reclusion Perpetua | 20 years and 1 day to 40 years | Art. 25 & Art. 27, RPC; as amended by RA 9346 |
| Reclusion Temporal | 12 years and 1 day to 20 years | Art. 25 & Art. 27, RPC |
| Prision Mayor | 6 years and 1 day to 12 years | Art. 25 & Art. 27, RPC |
| Prision Correccional | 6 months and 1 day to 6 years | Art. 25 & Art. 27, RPC |
| Arresto Mayor | 1 month and 1 day to 6 months | Art. 25 & Art. 27, RPC |
| Arresto Menor | 1 day to 30 days | Art. 25 & Art. 27, RPC |
| Fine | Varies based on the offense | Art. 25, RPC |
Periods of Division for Each Penalty
Reclusion Temporal
- Maximum: 17 years, 4 months and 1 day to 20 years
- Medium: 14 years, 8 months and 1 day to 17 years and 4 months
- Minimum: 12 years and 1 day to 14 years and 8 months
Prision Mayor
- Maximum: 10 years and 1 day to 12 years
- Medium: 8 years and 1 day to 10 years
- Minimum: 6 years and 1 day to 8 years
Prision Correccional
- Maximum: 4 years, 2 months and 1 day to 6 years
- Medium: 2 years, 4 months and 1 day to 4 years and 2 months
- Minimum: 6 months and 1 day to 2 years and 4 months
Arresto Mayor
- Maximum: 4 months and 1 day to 6 months
- Medium: 2 months and 1 day to 4 months
- Minimum: 1 month and 1 day to 2 months
Arresto Menor
- Maximum: 21 days to 30 days
- Medium: 11 days to 20 days
- Minimum: 1 day to 10 days
Accessory Penalties
| Principal Penalty | Accessory Penalties | Legal Basis |
|---|---|---|
| Death / Reclusion Perpetua | 1. Civil interdiction 2. Perpetual absolute disqualification 3. Indemnification |
Art. 40, RPC |
| Reclusion Temporal | 1. Civil interdiction for life 2. Perpetual absolute disqualification 3. Indemnification |
Art. 41, RPC |
| Prision Mayor | 1. Temporary absolute disqualification 2. Perpetual special disqualification from the right of suffrage 3. Indemnification |
Art. 42, RPC |
| Prision Correccional | 1. Suspension from public office, right to vote and be voted for 2. Perpetual special disqualification from the profession or calling 3. Indemnification |
Art. 43, RPC |
| Arresto | None, except indemnification | Art. 44, RPC |
TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME INCLUDED IN EACH OF THEIR PERIODS (Art. 76)
| Penalties | Time included in the penalty in its entirety | Time included in its minimum period | Time included in its medium period | Time included in its maximum period |
|---|---|---|---|---|
| Reclusion temporal | From 12 years and 1 day to 20 years. | From 12 years and 1 day to 14 years and 8 months. | From 14 years, 8 months and 1 day to 17 years and 4 months | From 17 years, 4 months and 1 day to 20 years. |
| Prision mayor, absolute disqualification and special temporary disqualification. | From 6 years and 1 From 6 years and day to 12 years. | From 6 years and 1 day to 8 years. | From 8 years and 1 day to 10 years. | From 10 years and 1 day to 12 years. |
| Prision correccional, suspension and destierro | From 6 months and 1 day to 6 years. | From 6 months and 1 day to 2 years and 4 months. | From 2 years, 4 months and 1 day to 4 years and 2 months. | From 4 years, 2 months and 1 day to 6 years. |
| Arresto mayor | From 1 month and 1 day to 6 months. | From 1 to 2 months. | From 2 months and 1 day to 4 months. | From 4 months and 1 day to 6 months. |
| Arresto menor | From 1 to 30 days. | From 1 to 10 days. | From 11 to 20 days. | From 21 to 30 days. |
Sources
- Revised Penal Code of the Philippines (Act No. 3815), as amended
- Republic Act No. 9346 (An Act Prohibiting the Imposition of Death Penalty in the Philippines)
- Articles 25-27, 40-44, 76 of the Revised Penal Code