Reclusion Perpetua: Meaning and Duration
Quick answer
Reclusion perpetua is the heaviest prison penalty in the Revised Penal Code. It lasts from twenty years and one day to forty years. Since Republic Act No. 9346 (2006) prohibited the death penalty, it is the penalty imposed in place of death for crimes under the Code, such as murder.
How long is reclusion perpetua?
Article 27, as amended by Section 21 of Republic Act No. 7659, says:
The penalty of reclusion perpetua shall be from twenty years and one day to forty years.
It is an afflictive penalty (Article 25). Unlike prision correccional or arresto mayor, it is not split into three periods in the Article 76 table. Compare it with the other penalties in the table of the duration of penalties.
Which crimes carry reclusion perpetua?
The best-known one is murder. Article 248, as amended by Republic Act No. 7659, punishes murder by "reclusion perpetua, to death". Section 2 of RA 9346 replaces death with reclusion perpetua when the law uses the penalty names of the Revised Penal Code. A killing without any Article 248 circumstance, and that is not parricide under Article 246, is homicide under Article 249, punished by the lower penalty of reclusion temporal (twelve years and one day to twenty years). See Homicide vs murder.
Is there parole for reclusion perpetua?
Section 3 of RA 9346 says persons "convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua, by reason of this act shall not be eligible for parole" under the Indeterminate Sentence Law (Act No. 4103).
Can the accused get bail?
Not as a matter of right. Under Rule 114, Section 7 of the Rules of Criminal Procedure, no person charged with an offense punishable by reclusion perpetua shall be admitted to bail when evidence of guilt is strong. At the bail hearing, the prosecution has the burden of showing that the evidence of guilt is strong (Section 8). If it does not, the accused may be admitted to bail. See Is murder bailable?.
Does a crime punished by reclusion perpetua prescribe?
Yes. Under Article 90, crimes punishable by reclusion perpetua prescribe in twenty years. See Prescription of crimes.
Example
Made-up illustration: Carlo waits behind a wall and stabs Dodong from behind without warning. Dodong dies. Carlo is charged with murder qualified by treachery. If he is convicted, the penalty is reclusion perpetua. The court would usually also order him to pay civil indemnity and damages to Dodong's heirs: see Damages for death in a criminal case.
Which provisions use this term?
Frequently asked questions
How many years is reclusion perpetua?
From twenty years and one day to forty years, under Article 27 of the Revised Penal Code as amended by Republic Act No. 7659.
Is reclusion perpetua the same as life imprisonment?
The law treats them as different penalties. Republic Act No. 9346 says reclusion perpetua replaces death when the law uses the penalty names of the Revised Penal Code, and life imprisonment replaces it when the law does not.
Can a person sentenced to reclusion perpetua get parole?
Section 3 of Republic Act No. 9346 says persons convicted of offenses punished with reclusion perpetua, or whose sentences are reduced to it by reason of that Act, are not eligible for parole under the Indeterminate Sentence Law.
Is a crime punished by reclusion perpetua bailable?
Not as a matter of right. Under Rule 114, Section 7, bail is denied when evidence of guilt is strong. The court decides this at a bail hearing, where the prosecution has the burden (Section 8).
Does a crime punished by reclusion perpetua prescribe?
Yes. Under Article 90 as amended by Republic Act No. 4661, crimes punishable by reclusion perpetua prescribe in twenty years.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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