On
Article 26. Fine.- When afflictive, correctional, or light 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 pesos (P1, 200, 000); a correctional penalty, if it does not exceed One million two hundred thousand pesos (P1, 200, 000) but is not less than Forty thousand pesos (P40, 000); and a light penalty, if be less than Forty thousand pesos (P40, 000)."

NOTES:

The classification applies if the fine is imposed as a single or alternative penalty. Hence, it does not apply if the fine is imposed together with another penalty.

Fines are imposed either as an alternative (Ex, Art 144 punishing disturbance of proceedings with arresto mayor or fine from 200 pesos to 1000 pesos) or singly (Ex, fine of 200 to 6000 pesos)

Penalty cannot be imposed in the alternative since the court must indicate the penalty imposed definitely and positively. Thus, the court cannot sentence the guilty person in a manner such as “to pay a fine of 1000 pesos, or to suffer an imprisonment of 2 years, and to pay the costs.”

If the fine imposed by the law for the felony is exactly 200 pesos, it is a light felony.

People vs. Yu Hai (99 Phil. 725):
Under Art. 9, where the fine in question is exactly P200, it is a light penalty; thus, the offense is a light felony; whereas under Art. 26, it is a correctional penalty; hence, the offense involved is a less grave felony. It is that this discrepancy should be resolved liberally in favor of the accused, hence Art. 9 prevails over Art. 26

Distinction between the classification of Penalties in Art. 9 and Art. 26

Article 9 - Applicable in determining the prescriptive period of felonies

Article 26 - Applicable in determining the prescriptive period of penalties