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Practice Exams

Module 1.5: Penalties in General

1. Learning Objectives

  • Understand the definition and juridical conditions of penalty.
  • Differentiate between principal and accessory penalties as classified under the Revised Penal Code.
  • Memorize the duration of various penalties and their classifications (afflictive, correctional, light).
  • Explain the application of the Three-fold Rule (Art. 70) and the Indeterminate Sentence Law (Act No. 4103).
  • Apply the concepts of penalties to solve hypothetical legal problems relevant to the Criminology Licensure Exam.

2. Definition of Penalty

A penalty is the suffering inflicted by the State, for the transgression of a law, in accordance with a judgment of a competent court. It is a coercive measure to ensure that legal norms are respected and obeyed.

3. Juridical Conditions of Penalty

For a penalty to be considered sound and valid under the classical school of thought in criminal law, it must possess the following qualities:

  1. Productive of suffering - It must be painful to the offender, but without affecting the integrity of the human personality.
  2. Commensurate with the offense - The penalty must be proportional to the gravity of the crime committed.
  3. Personal - The penalty must be imposed only upon the person who has committed the crime. No one should be punished for the crime of another.
  4. Legal - The penalty must be one that is prescribed by law and imposed by a competent court.
  5. Equal - The penalty must be applied to all who commit the same offense, regardless of social status, wealth, or other personal circumstances.
  6. Certain - No one may escape the effects of a penalty to which they have been sentenced.
  7. Correctional - The penalty should aim to correct and reform the offender.

4. CLASSIFICATION OF PENALTIES (Art. 25, RPC)

Penalties are classified into two main groups:

A. Principal Penalties

These are penalties that can be imposed independently.

Classification Penalties
Capital Punishment Death (execution is suspended by R.A. 9346)
Afflictive Penalties Reclusion perpetua, Reclusion temporal, Perpetual or temporary absolute disqualification, Prision mayor
Correctional Penalties Prision correccional, Arresto mayor, Suspension, Destierro
Light Penalties Arresto menor, Public censure

B. Accessory Penalties (Art. 40-45)

These are penalties that are deemed included in the imposition of the principal penalty.

  1. Perpetual or temporary absolute disqualification
  2. Perpetual or temporary special disqualification
  3. Suspension from public office, the right to vote and be voted for
  4. Civil interdiction - Prohibits the offender from managing their property and disposing of it by any act or conveyance inter vivos.
  5. Indemnification
  6. Forfeiture or confiscation of instruments and proceeds of the offense
  7. Payment of costs
  8. Bond to keep the peace

5. DURATION OF PENALTIES (Art. 27, RPC)

Penalty Duration
Reclusion perpetua 20 years and 1 day to 40 years
Reclusion temporal 12 years and 1 day to 20 years
Prision mayor 6 years and 1 day to 12 years
Prision correccional 6 months and 1 day to 6 years
Arresto mayor 1 month and 1 day to 6 months
Arresto menor 1 day to 30 days

6. Three-fold Rule (Art. 70, RPC)

Also known as the "consecutive service of sentence" rule. When the offender has to serve two or more penalties, he should serve them simultaneously if the nature of the penalties will so permit. If not, the penalties shall be served successively, following the order of their respective severity.

Key Limitation: The maximum duration of the convict's sentence shall not be more than three times the length of the most severe penalty imposed upon him. However, the maximum period shall in no case exceed 40 years.

7. Indeterminate Sentence Law (ISL) - Act No. 4103

The ISL provides for an indeterminate sentence for offenders, consisting of a minimum term and a maximum term. The purpose is to encourage the prisoner's reformation.

  • How to Determine the Sentence:

    • Maximum Term: The maximum term is the penalty that would be imposed under the Revised Penal Code, considering any aggravating and mitigating circumstances.
    • Minimum Term: The minimum term is within the range of the penalty one degree lower than that prescribed by the Code for the offense.

  • When ISL is NOT applicable:

    1. Offenses punished by death penalty or life imprisonment.
    2. Those convicted of treason, conspiracy or proposal to commit treason.
    3. Those convicted of misprision of treason, rebellion, sedition, or espionage.
    4. Those convicted of piracy.
    5. Those who are habitual delinquents.
    6. Those who have escaped from confinement or evaded sentence.
    7. Those granted conditional pardon who violated its terms.
    8. Those whose maximum term of imprisonment does not exceed one year.
    9. Those already sentenced by final judgment when the ISL was approved.

8. Quick Review Tables

Principal Penalties (Summary)

Penalty Classification Duration
Reclusion perpetua Afflictive 20 years, 1 day to 40 years
Reclusion temporal Afflictive 12 years, 1 day to 20 years
Prision mayor Afflictive 6 years, 1 day to 12 years
Prision correccional Correctional 6 months, 1 day to 6 years
Arresto mayor Correctional 1 month, 1 day to 6 months
Arresto menor Light 1 to 30 days

Accessory Penalties (Attached to Principal Penalties)

Principal Penalty Accessory Penalties Included
Death Civil interdiction for 30 years (if not executed), perpetual absolute disqualification
Reclusion perpetua/temporal Civil interdiction for life or during sentence, perpetual absolute disqualification
Prision mayor Temporary absolute disqualification, perpetual special disqualification
Prision correccional Suspension, perpetual special disqualification (if sentence is 18m 21d+)

9. Multiple Choice Practice Questions

Instructions: Choose the best answer for each question.

  1. Which of the following is NOT a juridical condition of a penalty? a) Personal b) Legal c) Commensurate d) Retributive

  2. The penalty of Reclusion Perpetua has a duration of: a) 20 years to 40 years b) 12 years and 1 day to 20 years c) 20 years and 1 day to 40 years d) Life imprisonment

  3. What is the legal rule that limits the maximum duration of a convict's sentence to not more than three times the most severe penalty, and not exceeding 40 years? a) Indeterminate Sentence Law b) Parole c) Three-fold Rule d) Good Conduct Time Allowance

  4. Which of the following is an afflictive penalty? a) Arresto Mayor b) Prision Correccional c) Reclusion Temporal d) Arresto Menor

  5. This accessory penalty causes the deprivation of the offender during the time of his sentence of the rights of parental authority, guardianship, and managing his property. a) Civil Interdiction b) Suspension c) Destierro d) Public Censure

  6. The Indeterminate Sentence Law is NOT applicable to which of the following offenders? a) A person convicted of homicide. b) A person convicted of theft where the sentence is 2 years. c) A person whose maximum term of imprisonment does not exceed one year. d) A first-time offender.

  7. A person is sentenced to serve 3 penalties of Prision Mayor for 3 separate offenses. The duration for each is 10 years. What is the maximum number of years he will serve in prison? a) 30 years b) 40 years c) 12 years d) 20 years

  8. The penalty of Prision Correccional is classified as: a) Light b) Correctional c) Afflictive d) Capital

  9. What is the duration of the penalty of Arresto Mayor? a) 1 to 30 days b) 1 month and 1 day to 6 months c) 6 months and 1 day to 6 years d) 6 years and 1 day to 12 years

  10. Which penalty consists in banishing a person from the place where he committed the crime for a specified period? a) Suspension b) Destierro c) Civil Interdiction d) Relegacion

  11. According to Art. 25 of the RPC, which of the following is a light penalty? a) Public Censure b) Destierro c) Suspension d) Prision Correccional

  12. The imposition of a penalty must be productive of suffering but without affecting the: a) Offender's family b) Offender's property c) Integrity of the human personality d) Offender's social status

  13. The execution of the death penalty in the Philippines is currently suspended by what law? a) R.A. 7659 b) R.A. 9346 c) Act No. 4103 d) R.A. 9165

  14. When applying the Indeterminate Sentence Law, the minimum term is taken from the penalty: a) One degree higher b) Two degrees lower c) One degree lower d) The same as the maximum term

  15. What is the penalty immediately lower in degree than Reclusion Temporal? a) Reclusion Perpetua b) Prision Mayor c) Prision Correccional d) Arresto Mayor

  16. The condition that a penalty must be imposed only upon the person who committed the crime is known as: a) Certainty b) Legality c) Equality d) Personality

  17. A penalty that can be imposed independently is called a: a) Principal Penalty b) Accessory Penalty c) Divisible Penalty d) Indivisible Penalty

  18. Which of the following is an accessory penalty? a) Arresto Menor b) Destierro c) Suspension from public office d) Prision Correccional

  19. The duration of Arresto Menor is: a) 1 to 30 days b) 1 to 10 days c) 1 month and 1 day to 6 months d) Less than 1 day

  20. The principle that the penalty must be proportional to the gravity of the crime is: a) Equality b) Legality c) Commensurability d) Correctional

  21. What happens if an offender granted a conditional pardon violates its terms? a) He is given a warning. b) He is exempted from the Indeterminate Sentence Law. c) His original sentence is extended. d) He is charged with a new crime.

  22. A person is sentenced to suffer Reclusion Temporal. What accessory penalties are included? a) Perpetual absolute disqualification and civil interdiction. b) Temporary absolute disqualification only. c) Suspension only. d) No accessory penalties are included.

  23. The purpose of the Indeterminate Sentence Law is to: a) Punish the offender more severely. b) Provide for a fixed sentence. c) Uplift and redeem valuable human material. d) Ensure offenders serve their maximum sentence.

  24. What is the duration of the penalty of Prision Mayor? a) 6 months and 1 day to 6 years b) 12 years and 1 day to 20 years c) 6 years and 1 day to 12 years d) 1 month and 1 day to 6 months

  25. The principle that a penalty must be applied to all who commit the same offense, without regard to status, is: a) Certainty b) Personal c) Legal d) Equal

Answer Key & Explanations

  1. D - Retributive. Retribution (the idea of vengeance or "an eye for an eye") is a theory or justification for punishment, but it is not a juridical condition for the penalty itself. The conditions are listed in the module (Personal, Legal, Commensurate, etc.).
  2. C - 20 years and 1 day to 40 years. As per Art. 27 of the RPC.
  3. C - Three-fold Rule. This rule is defined in Article 70 of the RPC.
  4. C - Reclusion Temporal. Afflictive penalties are Reclusion perpetua, Reclusion temporal, and Prision mayor.
  5. A - Civil Interdiction. This is the specific effect of civil interdiction as an accessory penalty.
  6. C - A person whose maximum term of imprisonment does not exceed one year. This is one of the specific exceptions listed under Act No. 4103.
  7. A - 30 years. The three-fold rule states the maximum service shall not be more than three times the most severe penalty (3 x 10 = 30 years). Since 30 years does not exceed the 40-year cap, it is the correct answer.
  8. B - Correctional. Prision Correccional is explicitly classified as a correctional penalty under Art. 25 of the RPC.
  9. B - 1 month and 1 day to 6 months. As defined in Art. 27 of the RPC.
  10. B - Destierro. This is the definition of the penalty of destierro, which is a form of banishment.
  11. A - Public Censure. Under Art. 25, the light penalties are Arresto Menor and Public Censure.
  12. C - Integrity of the human personality. This is a key principle of modern penology, ensuring that punishment is not dehumanizing.
  13. B - R.A. 9346. This law is entitled "An Act Prohibiting the Imposition of Death Penalty in the Philippines."
  14. C - One degree lower. The ISL requires the minimum term to be within the range of the penalty one degree lower than that prescribed for the offense.
  15. B - Prision Mayor. The scale of penalties in the RPC is hierarchical. Prision Mayor is one degree lower than Reclusion Temporal.
  16. D - Personality. This juridical condition means the penalty must be inflicted only on the offender.
  17. A - Principal Penalty. This is the definition of a principal penalty.
  18. C - Suspension from public office. The others are principal penalties. Suspension is both a principal and accessory penalty, but among the choices, it is the clear example of an accessory penalty.
  19. A - 1 to 30 days. As defined in Art. 27 of the RPC.
  20. C - Commensurability. This principle ensures that the punishment fits the crime.
  21. B - He is exempted from the Indeterminate Sentence Law. One of the exceptions to the ISL is for those who have violated the terms of a conditional pardon. They must serve the original sentence without the benefit of ISL.
  22. A - Perpetual absolute disqualification and civil interdiction. According to Art. 41 of the RPC, the penalty of Reclusion Temporal carries with it the accessory penalties of civil interdiction for life or during the sentence and perpetual absolute disqualification.
  23. C - Uplift and redeem valuable human material. This is the primary purpose of the ISL, focusing on reformation.
  24. C - 6 years and 1 day to 12 years. This is the duration of Prision Mayor as per Art. 27 of the RPC.
  25. D - Equal. This principle ensures that the law is applied fairly to everyone, without discrimination.