The penalties which may be imposed according to this Code, and
their different classes, are those included in the following:
- Reclusion perpetua,
- Reclusion temporal,
- Perpetual or temporary absolute disqualification,
- Perpetual or temporary special disqualification,
- Prision mayor.
- Prision correccional,
- Arresto mayor
- Arresto menor,
- Public censure
Penalties common to the three preceding classes:
- Fine, and
- Bond to keep the peace.
SCALE OF 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,
- Forfeiture or confiscation of instruments and proceeds of
- Payment of costs.
1. PRINCIPAL PENALTIES – those expressly imposed by the court
in the judgment of conviction.
2. ACCESSORY PENALTIES – those that are deemed included in the
imposition of the principal penalties.
Other classifications of penalties:
According to their divisibility:
1. Divisible - those that have fixed duration and are
divisible into three periods.
2. Indivisible - those which have no fixed duration.
- Reclusion perpetua
- Perpetual absolute or special disqualification
- Public censure
According to subject-matter
1. Corporal - (death)
2. Deprivation of freedom - (reclusion, prision, arresto)
3. Restriction of freedom - (destierro)
4. Deprivation of rights - (disqualification and suspension)
5. Pecuniary - (fine)
According to their gravity
Public censure is a penalty,
- thus, it is not proper in acquittal.
- However, the Court in acquitting the accused may criticize
his acts or conduct.
Penalties that are either principal or accessory:
1. Perpetual or temporary absolute disqualification,
2. Perpetual or temporary special disqualification, and
May be principal or accessory penalties, because they formed in
the 2 general classes.