Criminal penalties – Criminal Law

1. Imposable penalties

No felony shall be punishable by any penalty not prescribed by law prior to its commission. (Article 21, Ibid.)

a. 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 23, Ibid.)

b. 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. (Article 24, Ibid.)

2. Classification

a. Classes

The penalties which may be imposed according to this Code, and their different classes, are those included in the following:

(Article 25, Ibid.)

b. When afflictive, correctional, or light penalty

AFFLICTIVE PENALTY: A fine, whether imposed as a single or as an alternative penalty, shall be considered an afflictive penalty if it exceeds One million two hundred thousand (₱1,200,000)… (Article 26, Ibid.)

CORRECTIONAL PENALTY: … a correctional penalty, if it does not exceed One million two hundred thousand pesos (₱1,200,000) but is not less than Forty thousand pesos (₱40,000);

LIGHT PENALTY: … a light penalty, if it be less than Forty thousand pesos (₱40,000).

3. Duration and effects

a. Duration of Penalties

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. (Article 27, Ibid.)

RECLUSION TEMPORAL: The penalty of reclusion temporal shall be from twelve years and one day to twenty years. (Paragraph 2, Article 27, Ibid.)

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. (Paragraph 3, Article 27, Ibid.)

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. (Paragraph 4, Article 27, Ibid.)

ARRESTO MAYOR: The duration of the penalty of arresto mayor shall be from one month and one day to six months. (Paragraph 5, Article 27, Ibid.)

ARRESTO MENOR: The duration of the penalty of arresto menor shall be from one day to thirty days. (Paragraph 6, Article 27, Ibid.)

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. (Last Paragraph, Article 27, Ibid.)

1) 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. (Article 28, Ibid.)

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. (Paragraph 2, Article 28, Ibid.)

2) 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. (Article 29, Ibid.)

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. (Paragraph 2, Article 29, Ibid.)

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. (Paragraph 3, Article 29, Ibid.)

b. Effects of the penalties according to their respective nature

1) 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. (Article 30, Ibid.)

2) Effect of the penalties of perpetual or temporary special disqualification

The penalties of perpetual or temporal special disqualification for public office, profession or calling shall produce the following effects:

1) The deprivation of the office, employment, profession or calling affected;

2) The disqualification for holding similar offices or employments either perpetually or during the term of the sentence according to the extent of such disqualification. (Article 31, Ibid.)

3) Effect of the penalties of perpetual or temporary special disqualification for the exercise of the right of suffrage

The perpetual or temporary special disqualification for the exercise of the right of suffrage shall deprive the offender perpetually or during the term of the sentence, according to the nature of said penalty, of the right to vote in any popular election for any public office or to be elected to such office. Moreover, the offender shall not be permitted to hold any public office during the period of his disqualification. (Article 32, Ibid.)

4) Effects of the penalties of suspension from any public office, profession or calling, or the right of suffrage

 The suspension from public office, profession or calling, and the exercise of the right of suffrage shall 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. (Article 33, Ibid.)

5) Civil interdiction

Civil interdiction shall deprive the offender during the time of his sentence of the rights of parental authority, or guardianship, either as to the person or property of any ward, of marital authority, of the right to manage his property and of the right to dispose of such property by any act or any conveyance inter vivos. (Article 34, Ibid.)

6) Effects of bond to keep the peace

It shall be the duty of any person sentenced to give bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the offense sought to be prevented, and that in case such offense be committed they will pay the amount determined by the court in the judgment, or otherwise to deposit such amount in the office of the clerk of the court to guarantee said undertaking. (Article 35, Ibid.)

The court shall determine, according to its discretion, the period of duration of the bond. (Paragraph 2, Article 35, Ibid.)

Should the person sentenced fail to give the bond as required he shall be detained for a period which shall in no case exceed six months, is he shall have been prosecuted for a grave or less grave felony, and shall not exceed thirty days, if for a light felony. (Paragraph 3, Article 35, Ibid.)

7) Pardon; its effect

A pardon shall not work the restoration of the right to hold public office, or the right of suffrage, unless such rights be expressly restored by the terms of the pardon.

A pardon shall in no case exempt the culprit from the payment of the civil indemnity imposed upon him by the sentence. (Article 36, Ibid.)

c. Penalties in which other accessory penalties are inherent

1) Reclusion perpetua and reclusion temporal; Their accessory penalties

The penalties of reclusion perpetua and reclusion temporal shall carry with them that of civil interdiction for life or during the period of the sentence as the case may be, and that of perpetual absolute disqualification which the offender shall suffer even though pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. (Article 41, Ibid.)

2) Prision mayor; Its accessory penalties

The penalty of prision mayor, shall carry with it that of temporary absolute disqualification and that of perpetual special disqualification from the right of suffrage which the offender shall suffer although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. (Article 42, Ibid.)

3) Prision correccional; Its accessory penalties

The penalty of prision correccional shall carry with it that of suspension from public office, from the right to follow a profession or calling, and that of perpetual special disqualification from the right of suffrage, if the duration of said imprisonment shall exceed eighteen months. The offender shall suffer the disqualification provided in the article although pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon. (Article 43, Ibid.)

4) Arresto; Its accessory penalties

The penalty of arresto shall carry with it that of suspension of the right too hold office and the right of suffrage during the term of the sentence. (Article 44, Ibid.)

5) Confiscation and forfeiture of the proceeds or instruments of the crime

Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the crime and the instruments or tools with which it was committed. (Article 45, Ibid.)

Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government, unless they be property of a third person not liable for the offense, but those articles which are not subject of lawful commerce shall be destroyed. (Paragraph 2, Article 45, Ibid.)

4. Application and graduation of penalties

a. Rules for the application of penalties to the persons criminally liable and for the graduation of the same

PENALTY TO BE IMPOSED; UPON PRINCIPALS IN GENERAL: The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony. (Article 46, Ibid.)

Whenever the law prescribes a penalty for a felony is general terms, it shall be understood as applicable to the consummated felony. (Paragraph 2, Article 46, Ibid.)

SAME; UPON THE PRINCIPALS WHEN THE CRIME COMMITTED IS DIFFERENT FROM THAT INTENDED: In cases in which the felony committed is different from that which the offender intended to commit, the following rules shall be observed:

1) If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to commit, the penalty corresponding to the latter shall be imposed in its maximum period.

2) If the penalty prescribed for the felony committed be lower than that corresponding to the one which the accused intended to commit, the penalty for the former shall be imposed in its maximum period.

3) The rule established by the next preceding paragraph shall not be applicable if the acts committed by the guilty person shall also constitute an attempt or frustration of another crime, if the law prescribes a higher penalty for either of the latter offenses, in which case the penalty provided for the attempted or the frustrated crime shall be imposed in its maximum period. (Article 49, Ibid.)

SAME; UPON PRINCIPALS OF A FRUSTRATED CRIME: The penalty next lower in degree than that prescribed by law for the consummated felony shall be imposed upon the principal in a frustrated felony. (Article 50, Ibid.)

SAME; UPON PRINCIPALS OF ATTEMPTED CRIMES: A penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the principals in an attempt to commit a felony. (Article 51, Ibid.)

SAME; UPON ACCOMPLICES IN CONSUMMATED CRIME: The penalty next lower in degree than that prescribed by law for the consummated shall be imposed upon the accomplices in the commission of a consummated felony. (Article 52, Ibid.)

SAME; UPON ACCESSORIES TO THE COMMISSION OF A CONSUMMATED FELONY: The penalty lower by two degrees than that prescribed by law for the consummated felony shall be imposed upon the accessories to the commission of a consummated felony. (Article 53, Ibid.)

SAME; UPON ACCOMPLICES IN A FRUSTRATED CRIME: The penalty next lower in degree than prescribed by law for the frustrated felony shall be imposed upon the accomplices in the commission of a frustrated felony. (Article 54, Ibid.)

SAME; UPON ACCESSORIES OF A FRUSTRATED CRIME: The penalty lower by two degrees than that prescribed by law for the frustrated felony shall be imposed upon the accessories to the commission of a frustrated felony. (Article 55, Ibid.)

SAME; UPON ACCOMPLICES IN AN ATTEMPTED CRIME:  The penalty next lower in degree than that prescribed by law for an attempt to commit a felony shall be imposed upon the accomplices in an attempt to commit the felony. (Article 56, Ibid.)

SAME; UPON ACCESSORIES OF AN ATTEMPTED CRIME: The penalty lower by two degrees than that prescribed by law for the attempted felony shall be imposed upon the accessories to the attempt to commit a felony. (Article 57, Ibid.)

SAME; ADDITIONAL PENALTY TO BE IMPOSED UPON CERTAIN ACCESSORIES: Those accessories falling within the terms of paragraphs 3 of Article 19 of this Code who should act with abuse of their public functions, shall suffer the additional penalty of absolute perpetual disqualification if the principal offender shall be guilty of a grave felony, and that of absolute temporary disqualification if he shall be guilty of a less grave felony. (Article 58, Ibid.)

SAME; IN CASE OF FAILURE TO COMMIT THE CRIME BECAUSE THE MEANS EMPLOYED OR THE AIMS SOUGHT ARE IMPOSSIBLE: When the person intending to commit an offense has already performed the acts for the execution of the same but nevertheless the crime was not produced by reason of the fact that the act intended was by its nature one of impossible accomplishment or because the means employed by such person are essentially inadequate to produce the result desired by him, the court, having in mind the social danger and the degree of criminality shown by the offender, shall impose upon him the penalty of arresto mayor or a fine from 200 to 500 pesos. (Article 59, Ibid.)

1) Penalty for complex crimes

When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period. (Article 48, Ibid.)

2) Exception to the rules established in Articles 50 to 57

The provisions contained in Articles 50 to 57, inclusive, of this Code shall not be applicable to cases in which the law expressly prescribes the penalty provided for a frustrated or attempted felony, or to be imposed upon accomplices or accessories. (Article 60, Ibid.)

b. Rules for the application of penalties with regard to the mitigating and aggravating circumstances, and habitual delinquency

1) Effect of the attendance of mitigating or aggravating circumstances and of habitual delinquency

Mitigating or aggravating circumstances and habitual delinquency shall be taken into account for the purpose of diminishing or increasing the penalty in conformity with the following rules:

1) Aggravating circumstances which in themselves constitute a crime specially punishable by law or which are included by the law in defining a crime and prescribing the penalty therefor shall not be taken into account for the purpose of increasing the penalty.

2) The same rule shall apply with respect to any aggravating circumstance inherent in the crime to such a degree that it must of necessity accompany the commission thereof.

3) Aggravating or mitigating circumstances which arise from the moral attributes of the offender, or from his private relations with the offended party, or from any other personal cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices and accessories as to whom such circumstances are attendant.

4) The circumstances which consist in the material execution of the act, or in the means employed to accomplish it, 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.

5) Habitual delinquency shall have the following effects:

a) Upon a third conviction the culprit 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;

b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its minimum and medium periods; and,

c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty provided for the last crime of which he be found guilty and to the additional penalty of prision mayor in its maximum period to reclusion temporal in its minimum period.

Notwithstanding the provisions of this article, the total of the two penalties to be imposed upon the offender, in conformity herewith, shall in no case exceed 30 years. (Article 62, Ibid.)

2) Rules for the application of indivisible penalties

In all cases in which the law prescribes a single indivisible penalty, it shall be applied by the courts regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed.

In all cases in which the law prescribes a penalty composed of two indivisible penalties, the following rules shall be observed in the application thereof:

1) When in the commission of the deed there is present only one aggravating circumstance, the greater penalty shall be applied.

2) When there are neither mitigating nor aggravating circumstances and there is no aggravating circumstance, the lesser penalty shall be applied.

3) When the commission of the act is attended by some mitigating circumstances and there is no aggravating circumstance, the lesser penalty shall be applied.

4) When both mitigating and aggravating circumstances attended the commission of the act, the court shall reasonably allow them to offset one another in consideration of their number and importance, for the purpose of applying the penalty in accordance with the preceding rules, according to the result of such compensation. (Article 63, Ibid.)

3) Rules for the application of penalties which contain three periods

In cases in which the penalties prescribed by law contain three periods, whether it be a single divisible penalty or composed of three different penalties, each one of which forms a period in accordance with the provisions of Articles 76 and 77, the court shall observe for the application of the penalty the following rules, according to whether there are or are not mitigating or aggravating circumstances:

1) When there are neither aggravating nor mitigating circumstances, they shall impose the penalty prescribed by law in its medium period.

2) When only a mitigating circumstances is present in the commission of the act, they shall impose the penalty in its minimum period.

3) When an aggravating circumstance is present in the commission of the act, they shall impose the penalty in its maximum period.

4) When both mitigating and aggravating circumstances are present, the court shall reasonably offset those of one class against the other according to their relative weight.

5) When there are two or more mitigating circumstances and no aggravating circumstances are present, the court shall impose the penalty next lower to that prescribed by law, in the period that it may deem applicable, according to the number and nature of such circumstances.

6) Whatever may be the number and nature of the aggravating circumstances, the courts shall not impose a greater penalty than that prescribed by law, in its maximum period.

7) Within the limits of each period, the court shall determine the extent of the penalty according to the number and nature of the aggravating and mitigating circumstances and the greater and lesser extent of the evil produced by the crime. (Article 64, Ibid.)

4) Rule in cases in which the penalty is not composed of three periods

In cases in which the penalty prescribed by law is not composed of three periods, the courts shall apply the rules contained in the foregoing articles, dividing into three equal portions of time included in the penalty prescribed, and forming one period of each of the three portions. (Article 65, Ibid.)

5) Imposition of fines

In imposing fines the courts may fix any amount within the limits established by law; in fixing the amount in each case attention shall be given, not only to the mitigating and aggravating circumstances, but more particularly to the wealth or means of the culprit. (Article 66, Ibid.)

6) Penalty to be imposed when not all the requisites of exemption of the fourth circumstance of Article 12 are present

When all the conditions required in circumstances Number 4 of Article 12 of this Code to exempt from criminal liability are not present, the penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon the culprit if he shall have been guilty of a grave felony, and arresto mayor in its minimum and medium periods, if of a less grave felony. (Article 67, Ibid.)

7) Penalty to be imposed upon a person under eighteen years of age

When the offender is a minor under eighteen years and his case is one coming under the provisions of the paragraphs next to the last of Article 80 of this Code, the following rules shall be observed:

1) Upon a person under fifteen but over nine years of age, who is not exempted from liability by reason of the court having declared that he acted with discernment, a discretionary penalty shall be imposed, but always lower by two degrees at least than that prescribed by law for the crime which he committed.

2) Upon a person over fifteen and under eighteen years of age the penalty next lower than that prescribed by law shall be imposed, but always in the proper period. (Article 68, Ibid.)

8) Penalty to be imposed when the crime committed is not wholly excusable

A penalty lower by one or two degrees than that prescribed by law shall be imposed if the deed is not wholly excusable by reason of the lack of some of the conditions required to justify the same or to exempt from criminal liability in the several cases mentioned in Article 11 and 12, provided that the majority of such conditions be present. The courts shall impose the penalty in the period which may be deemed proper, in view of the number and nature of the conditions of exemption present or lacking. (Article 69, Ibid.)

9) Successive service of sentence

When the culprit has to serve two or more penalties, he shall serve them simultaneously if the nature of the penalties will so permit otherwise, the following rules shall be observed:

In the imposition of the penalties, the order of their respective severity shall be followed so that they may be executed successively or as nearly as may be possible, should a pardon have been granted as to the penalty or penalties first imposed, or should they have been served out.

For the purpose of applying the provisions of the next preceding paragraph the respective severity of the penalties shall be determined in accordance with the following scale:

1) Death,

2) Reclusion perpetua,

3) Reclusion temporal,

4) Prision mayor,

5) Prision correccional,

6) Arresto mayor,

7) Arresto menor,

8) Destierro,

9) Perpetual absolute disqualification,

10) Temporal absolute disqualification.

11) Suspension from public office, the right to vote and be voted for, the right to follow a profession or calling, and,

12) Public censure.

Notwithstanding the provisions of the rule next preceding, the maximum duration of the convict’s sentence shall not be more than three-fold the length of time corresponding to the most severe of the penalties imposed upon him. No other penalty to which he may be liable shall be inflicted after the sum total of those imposed equals the same maximum period.

Such maximum period shall in no case exceed forty years.

In applying the provisions of this rule the duration of perpetual penalties (pena perpetua) shall be computed at thirty years. (As amended). (Article 70, Ibid.)

10) Preference in the payment of the civil liabilities

The civil liabilities of a person found guilty of two or more offenses shall be satisfied by following the chronological order of the dates of the judgments rendered against him, beginning with the first in order of time. (Article 72, Ibid.)

c. Provisions common to Nos. 1 and 2

PRESUMPTION IN REGARD TO THE IMPOSITION OF ACCESSORY PENALTIES: Whenever the courts shall impose a penalty which, by provision of law, carries with it other penalties, according to the provisions of Articles 40, 41, 42, 43 and 44 of this Code, it must be understood that the accessory penalties are also imposed upon the convict. (Article 73, Ibid.)

PENALTY HIGHER THAN RECLUSION PERPETUA IN CERTAIN CASES: In cases in which the law prescribes a penalty higher than another given penalty, without specially designating the name of the former, if such higher penalty should be that of death, the same penalty and the accessory penalties of Article 40, shall be considered as the next higher penalty. (Article 74, Ibid.)

INCREASING OR REDUCING THE PENALTY OF FINE BY ONE OR MORE DEGREES: Whenever it may be necessary to increase or reduce the penalty of fine by one or more degrees, it shall be increased or reduced, respectively, for each degree, by one-fourth of the maximum amount prescribed by law, without however, changing the minimum.

The same rules shall be observed with regard of fines that do not consist of a fixed amount, but are made proportional. (Article 75, Ibid.)

LEGAL PERIOD OF DURATION OF DIVISIBLE PENALTIES:  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 in the manner shown in the following table:

TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME INCLUDED IN EACH OF THEIR PERIODS

(Article 76, Ibid.)

WHEN THE PENALTY IS A COMPLEX ONE COMPOSED OF THREE DISTINCT PENALTIES:  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.

Whenever the penalty prescribed does not have one of the forms specially provided for in this Code, the periods shall be distributed, applying by analogy the prescribed rules. (Article 77, Ibid.)

d. Subsidiary imprisonment

If the convict has no property with which to meet the fine mentioned in the paragraph 3 of the nest preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos, subject to the following rules:

1) If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under confinement until his fine referred to in the preceding paragraph is satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in no case shall it continue for more than one year, and no fraction or part of a day shall be counted against the prisoner.

2) When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if for a light felony.

3) When the principal imposed is higher than prision correccional, no subsidiary imprisonment shall be imposed upon the culprit.

4) If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is of fixed duration, the convict, during the period of time established in the preceding rules, shall continue to suffer the same deprivations as those of which the principal penalty consists.

5) The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him, from the fine in case his financial circumstances should improve. (Article 39, Ibid.)

e. Indeterminate Sentence Law (Act No. 4103)

In imposing a prison sentence for an offense punished by the Revised Penal Code, or its amendments:

1) the court shall sentence the accused to an indeterminate sentence the maximum term of which shall be that which, in view of the attending circumstances, could be properly imposed under the rules of the said Code, and the minimum which shall be within the range of the penalty next lower to that prescribed by the Code for the offense; and,

2) if the offense is punished by any other law, the court shall sentence the accused to an indeterminate sentence, the maximum term of which shall not exceed the maximum fixed by said law and the minimum shall not be less than the minimum term prescribed by the same.  (Section 1, Act No. 4103, Indeterminate Sentence Law)

The Indeterminate Sentence Law does not apply:

1) To persons convicted of offenses punished with death penalty or life-imprisonment;

2) To those convicted of treason, conspiracy or proposal to commit treason;

3) To those convicted of misprision of treason, rebellion, sedition or espionage;

4) To those convicted of piracy; to those who are habitual delinquents;

5) To those who have escaped from confinement or evaded sentence;

6) To those who having been granted conditional pardon by the Chief Executive shall have violated the terms thereof;

6) To those whose maximum term of imprisonment does not exceed one year, not to those already sentenced by final judgment at the time of approval of this Act, except as provided in Section 5 of the Indeterminate Sentence Law. (Section 2, Ibid.)

5. Accessory penalties

(Article 25, Ibid.)

NB: For rules for application, see: B. Felonies > 1. Criminal Liabilities > d. Application > 1) Rules for the application of penalties to the persons criminally liable and for the graduation of the same

6. Subsidiary Imprisonment

If the convict has no property with which to meet the fine mentioned in the paragraph 3 of the nest preceding article, he shall be subject to a subsidiary personal liability at the rate of one day for each eight pesos, subject to the following rules:

1) If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under confinement until his fine referred to in the preceding paragraph is satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the sentence, and in no case shall it continue for more than one year, and no fraction or part of a day shall be counted against the prisoner.

2) When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed fifteen days, if for a light felony.

3) When the principal imposed is higher than prision correccional, no subsidiary imprisonment shall be imposed upon the culprit.

4) If the principal penalty imposed is not to be executed by confinement in a penal institution, but such penalty is of fixed duration, the convict, during the period of time established in the preceding rules, shall continue to suffer the same deprivations as those of which the principal penalty consists.

5) The subsidiary personal liability which the convict may have suffered by reason of his insolvency shall not relieve him, from the fine in case his financial circumstances should improve. (Article 39, Ibid.)

References

⦁ Book I, Act No. 3815, Revised Penal Code