Arresto Menor: Meaning and Duration
Quick answer
Arresto menor is the lightest penalty of imprisonment in the Revised Penal Code. It lasts from one day to thirty days. It is classed as a light penalty, and crimes punished by it, or by a fine not exceeding ₱40,000, are light felonies.
How long is arresto menor?
Article 27 of the Revised Penal Code, as amended by Republic Act No. 7659, says:
Arresto menor. - The duration of the penalty of arresto menor shall be from one day to thirty days.
Article 76 divides it into three periods. Courts use them when the law names a period, such as "arresto menor in its maximum period".
| Period | Duration |
|---|---|
| Whole penalty | 1 to 30 days |
| Minimum period | 1 to 10 days |
| Medium period | 11 to 20 days |
| Maximum period | 21 to 30 days |
See the table of the duration of penalties for the other penalties. Arresto mayor, the next penalty up, lasts from one month and one day to six months.
Where is it served?
The penalty of arresto menor shall be served in the municipal jail, or in the house of the defendant himself under the surveillance of an officer of the law, when the court so provides in its decision, taking into consideration the health of the offender and other reasons which may seem satisfactory to it.
Which crimes carry arresto menor?
Some examples under the Code, as amended by Republic Act No. 10951:
- unjust vexation: arresto menor or a fine of ₱1,000 to ₱40,000, or both (Article 287);
- alarms and scandals: arresto menor or a fine not exceeding ₱40,000 (Article 155);
- slight physical injuries that keep the victim from work for one to nine days (Article 266);
- slight oral defamation: arresto menor or a fine not exceeding ₱20,000 (Article 358);
- reckless imprudence that would have been a light felony if intentional: arresto menor in its maximum period.
How long is the deadline to file?
Article 90 says light offenses prescribe in two months. See Prescription of crimes.
Example
Real case: in Baleros v. People (2006), the Supreme Court found the accused guilty of light coercion, for acts it called unjust vexation, and sentenced him to 30 days of arresto menor and a fine. Made-up illustration: Toto, drunk, shouts and kicks parked cars on the street at 1 a.m. He may be charged with alarms and scandals, and Article 155 allows either arresto menor or a fine.
Which provisions use this term?
Frequently asked questions
How many days is arresto menor?
From one day to thirty days, under Article 27 of the Revised Penal Code. Its minimum period is 1 to 10 days, its medium period 11 to 20 days and its maximum period 21 to 30 days (Article 76).
Is arresto menor served in jail?
Article 88 says it is served in the municipal jail, or in the house of the defendant under the surveillance of an officer of the law when the court so provides in its decision.
What is the difference between arresto menor and arresto mayor?
Arresto menor lasts one to thirty days and is a light penalty. Arresto mayor lasts one month and one day to six months and is a correctional penalty (Articles 25 and 27).
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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