Is Destierro a Penalty?

Under Article 247 of the Revised Penal Code, is destierro a penalty? Explain.

Suggested Answer:

In the case of People v. Abarca, G.R. No. 74433, September 14, 1987, the Court ruled that Article 247 does not define a
felony. However, it went on to state that the penalty is merely banishment of the accused, intended for his protection. Punishment, therefore, is not inflicted on the accused.

Alternative Answer:

Yes. Article 247 of the Revised Penal Code does not define and provide for a specific crime but grants a privilege or benefit to the accused for the killing of another or the infliction of Serious Physical Injuries. Destierro is a punishment whereby a convict is banished to a certain place and is prohibited from entering or coming near that place designated in the sentence, not less than 25 kms. (People v. Araquel, G.R. No. L-12629, December 9, 1959)

Source: UP Law Center (Criminal Bar Examination Q & A)

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