Arresto Mayor: Meaning and Duration
Quick answer
Arresto mayor is a penalty of imprisonment under the Revised Penal Code. It lasts from one month and one day to six months. It is a correctional penalty, one step above arresto menor (one to thirty days) and one step below prision correccional.
How long is arresto mayor?
Article 27 of the Revised Penal Code, as amended by Republic Act No. 7659, says:
Arresto mayor. - The duration of the penalty of arresto mayor shall be from one month and one day to six months.
Article 76 divides it into three periods. Courts use them when a crime is punished by, for example, "arresto mayor in its maximum period".
| Period | Duration (Article 76 table) |
|---|---|
| Whole penalty | 1 month and 1 day to 6 months |
| Minimum period | 1 to 2 months |
| Medium period | 2 months and 1 day to 4 months |
| Maximum period | 4 months and 1 day to 6 months |
Note one small mismatch in the official text. The Article 76 table writes the minimum period as "From 1 to 2 months", while Article 27 says the penalty starts at one month and one day. See the table of the duration of penalties for all penalties side by side.
Is arresto mayor light or correctional?
It is correctional. Article 25 lists the correctional penalties as prision correccional, arresto mayor, suspension and destierro. Only arresto menor and public censure are light penalties.
Which crimes carry arresto mayor?
Some examples, in the text as amended by Republic Act No. 10951:
- less serious physical injuries that keep the victim from work, or need medical care, for ten days or more (Article 265);
- trespass to dwelling without violence or intimidation: arresto mayor and a fine not exceeding ₱200,000 (Article 280);
- grave threats made without a condition: arresto mayor and a fine not exceeding ₱100,000 (Article 282);
- serious oral defamation: arresto mayor in its maximum period to prision correccional in its minimum period (Article 358).
When does a crime punished by arresto mayor prescribe?
Under Article 90, crimes punishable by arresto mayor prescribe in five years. Some crimes have their own period: oral defamation prescribes in six months. When the penalty is a compound one, such as arresto mayor and a fine, Article 90 uses the highest penalty as the basis. See Prescription of crimes.
Example
Made-up illustration: after a quarrel, Jun punches his neighbor Rey. A doctor says Rey cannot work for twelve days. This may be less serious physical injuries under Article 265, punished by arresto mayor. If the court imposes the penalty in its medium period, the sentence falls between 2 months and 1 day and 4 months. A short sentence like this may also open the door to probation, which the court decides.
Which provisions use this term?
Frequently asked questions
How long is arresto mayor?
From one month and one day to six months, under Article 27 of the Revised Penal Code as amended by Republic Act No. 7659.
What are the periods of arresto mayor?
Under the Article 76 table, the minimum period is 1 to 2 months, the medium period is 2 months and 1 day to 4 months, and the maximum period is 4 months and 1 day to 6 months.
Is arresto mayor a light penalty?
No. Article 25 lists arresto mayor among the correctional penalties, together with prision correccional, suspension and destierro. The only light prison penalty is arresto menor.
When does a crime punished by arresto mayor prescribe?
In five years, under Article 90 of the Revised Penal Code as amended by Republic Act No. 4661. The period runs from the day the crime is discovered by the offended party, the authorities or their agents (Article 91). Oral defamation has its own six-month period.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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