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Act No. 3815
Penalties common to the three preceding classes:
Fine, and
Bond to keep the peace.
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,
Indemnification,
Forfeiture or confiscation of instruments and proceeds of the offense,
Payment of costs.
Article 26. When afflictive, correctional, or light penalty. A fine, whether imposed as a single of as an alternative
penalty, shall be considered an afflictive penalty, if it exceeds 6,000 pesos; a correctional penalty, if it does not
exceed 6,000 pesos but is not less than 200 pesos; and a light penalty if it less than 200 pesos.
Chapter Three
DURATION AND EFFECTS OF PENALTIES
Section One. Duration of Penalties
Article 27. 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.
Reclusion temporal. The penalty of reclusion temporal shall be from twelve years and one day to twenty years.
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.
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.
Arresto mayor. The duration of the penalty of arresto mayor shall be from one month and one day to six months.
Arresto menor. The duration of the penalty of arresto menor shall be from one day to thirty days.
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.
Article 28. 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.
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.
Article 29. 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.
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 fourfifths of the time during which he has undergone
preventive imprisonment. (As amended by Republic Act 6127, June 17, 1970).
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. (As amended by E.O. No. 214, July
10, 1988).
Section Two. Effects of the penalties according to their respective nature
Article 30. 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 31. 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 32. 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
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