Reclusion Temporal: Meaning and Duration
Quick answer
Reclusion temporal is a prison penalty of twelve years and one day to twenty years under the Revised Penal Code. It is an afflictive penalty, one step below reclusion perpetua and one step above prision mayor. Homicide is the best-known crime that carries it.
How long is reclusion temporal?
Article 27, as amended by Section 21 of Republic Act No. 7659, says:
The penalty of reclusion temporal shall be from twelve years and one day to twenty years.
Article 76 divides it into three periods:
| Period | Duration (Article 76 table) |
|---|---|
| Whole penalty | 12 years and 1 day to 20 years |
| Minimum period | 12 years and 1 day to 14 years and 8 months |
| Medium period | 14 years, 8 months and 1 day to 17 years and 4 months |
| Maximum period | 17 years, 4 months and 1 day to 20 years |
All penalties side by side are in the table of the duration of penalties and in Article 27.
How is it different from reclusion perpetua?
Reclusion perpetua lasts from twenty years and one day to forty years. In People v. Lucas (1995), the Supreme Court held that, even with that fixed duration, reclusion perpetua remains an indivisible penalty. Reclusion temporal, by contrast, is divided into the three periods above. Both are afflictive penalties under Article 25.
Which crimes carry reclusion temporal?
Homicide is the main example:
Any person who, not falling within the provisions of article 246 shall kill another without the attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide and be punished by reclusion temporal.
Other articles use it in part or in a range. For example, Article 294 imposes reclusion temporal when, by reason or on occasion of a robbery, certain serious physical injuries are inflicted. See homicide and murder.
When does a crime punished by reclusion temporal prescribe?
Article 90, as amended by Republic Act No. 4661, says crimes punishable by death, reclusion perpetua or reclusion temporal prescribe in twenty years. See prescription of crimes.
Example
Made-up illustration: after a quarrel, Efren kills a neighbor without any of the circumstances that would make the killing murder, and he is not related to the neighbor. If he is convicted of homicide, Article 249 sets the penalty at reclusion temporal. The court then decides where in the range of twelve years and one day to twenty years the sentence falls, based on the circumstances it finds. The civil damages in such cases are explained in damages for death in a criminal case.
Which provisions use this term?
Frequently asked questions
How long is reclusion temporal?
From twelve years and one day to twenty years, under Article 27 of the Revised Penal Code as amended by Republic Act No. 7659.
What are the periods of reclusion temporal?
Under the Article 76 table, the minimum period is 12 years and 1 day to 14 years and 8 months, the medium period is 14 years, 8 months and 1 day to 17 years and 4 months, and the maximum period is 17 years, 4 months and 1 day to 20 years.
What is the difference between reclusion temporal and reclusion perpetua?
Reclusion temporal lasts twelve years and one day to twenty years and is divided into three periods. Reclusion perpetua lasts twenty years and one day to forty years, and in People v. Lucas (1995) the Supreme Court held that it remains an indivisible penalty.
Which crime is punished by reclusion temporal?
Homicide. Article 249 punishes a person who kills another, outside the cases of parricide and murder, with reclusion temporal.
When does a crime punished by reclusion temporal prescribe?
In twenty years, under Article 90 of the Revised Penal Code as amended by Republic Act No. 4661.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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