Prision Correccional: Meaning and Duration
Quick answer
Prision correccional is a prison penalty of six months and one day to six years under the Revised Penal Code. Article 25 lists it as a correctional penalty, and it is the longer of the two prison terms in that class. It sits above arresto mayor and below prision mayor, which runs from six years and one day to twelve years.
How long is prision correccional?
Article 27, as amended by Republic Act No. 7659, gives the same duration to prision correccional, suspension and destierro. Their duration:
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.
Article 76 splits it into three periods:
| Period | Duration (Article 76 table) |
|---|---|
| Whole penalty | 6 months and 1 day to 6 years |
| Minimum period | 6 months and 1 day to 2 years and 4 months |
| Medium period | 2 years, 4 months and 1 day to 4 years and 2 months |
| Maximum period | 4 years, 2 months and 1 day to 6 years |
Many crimes use only some periods. "Prision correccional in its minimum and medium periods" means 6 months and 1 day to 4 years and 2 months. All penalties are in the table of the duration of penalties.
Which crimes carry prision correccional?
Examples from the Code as amended:
- libel: prision correccional in its minimum and medium periods, or a fine of ₱40,000 to ₱1,200,000, or both (Article 355);
- shooting at another person with a firearm, unless the facts make it a heavier crime: prision correccional in its minimum and medium periods (Article 254);
- theft of property worth more than ₱20,000 but not more than ₱600,000: prision correccional in its minimum and medium periods (Article 309);
- death caused by reckless imprudence with violation of the Automobile Law: prision correccional in its medium and maximum periods (Article 365).
When does a crime punished by prision correccional prescribe?
Article 90 says crimes punishable by a correctional penalty prescribe in ten years, except those punishable by arresto mayor (five years). Libel has its own one-year period. See Prescription of crimes.
Example
Made-up illustration: Mila prints a false and insulting article about a neighbor in a community newsletter. If she is convicted of libel, the court may impose prision correccional in its minimum and medium periods, a fine, or both. See Libel penalty in the Philippines. A prison term in this range does not go above six years, so the six-year limit for probation is not by itself a bar.
Which provisions use this term?
Frequently asked questions
How many years is prision correccional?
From six months and one day to six years, under Article 27 of the Revised Penal Code as amended by Republic Act No. 7659.
What are the periods of prision correccional?
Minimum: 6 months and 1 day to 2 years and 4 months. Medium: 2 years, 4 months and 1 day to 4 years and 2 months. Maximum: 4 years, 2 months and 1 day to 6 years (Article 76).
Is prision correccional an afflictive penalty?
No. Article 25 lists it as a correctional penalty. Prision mayor, reclusion temporal and reclusion perpetua are afflictive penalties.
Can a person sentenced to prision correccional get probation?
Prision correccional never goes above six years, so the six-year limit of the Probation Law is not by itself a bar. Other disqualifications may still apply, and the court decides each application.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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