Duration of Penalties Under the Revised Penal Code
Arresto menor lasts 1 to 30 days, arresto mayor 1 month and 1 day to 6 months, prision correccional 6 months and 1 day to 6 years. Periods for each.
| Penalty | Class (Article 25) | Whole penalty | Minimum period | Medium period | Maximum period | Source |
|---|---|---|---|---|---|---|
| Death | Capital punishment | Prohibited by Republic Act No. 9346. Reclusion perpetua is imposed in its place when the law uses the penalty names of the Revised Penal Code, and life imprisonment when it does not. | None | None | None | Republic Act No. 9346, Secs. 1 and 2, Supreme Court E-Library |
| Reclusion perpetua | Afflictive | 20 years and 1 day to 40 years | None | None | None | Republic Act No. 7659, Sec. 21 (Article 27), Supreme Court E-Library |
| Reclusion temporal | Afflictive | 12 years and 1 day to 20 years | 12 years and 1 day to 14 years and 8 months | 14 years, 8 months and 1 day to 17 years and 4 months | 17 years, 4 months and 1 day to 20 years | Act No. 3815, Revised Penal Code, Articles 25, 27 and 76, Supreme Court E-Library |
| Prision mayor | Afflictive | 6 years and 1 day to 12 years | 6 years and 1 day to 8 years | 8 years and 1 day to 10 years | 10 years and 1 day to 12 years | Act No. 3815, Revised Penal Code, Articles 25, 27 and 76, Supreme Court E-Library |
| Prision correccional | Correctional | 6 months and 1 day to 6 years | 6 months and 1 day to 2 years and 4 months | 2 years, 4 months and 1 day to 4 years and 2 months | 4 years, 2 months and 1 day to 6 years | Act No. 3815, Revised Penal Code, Articles 25, 27 and 76, Supreme Court E-Library |
| Destierro (a ban from entering a place, not prison) | Correctional | 6 months and 1 day to 6 years | 6 months and 1 day to 2 years and 4 months | 2 years, 4 months and 1 day to 4 years and 2 months | 4 years, 2 months and 1 day to 6 years | Act No. 3815, Revised Penal Code, Articles 25, 27 and 76, Supreme Court E-Library |
| Arresto mayor | Correctional | 1 month and 1 day to 6 months | 1 to 2 months (as written in the Article 76 table; see the notes) | 2 months and 1 day to 4 months | 4 months and 1 day to 6 months | Act No. 3815, Revised Penal Code, Articles 25, 27 and 76, Supreme Court E-Library |
| Arresto menor | Light | 1 day to 30 days | 1 to 10 days | 11 to 20 days | 21 to 30 days | Act No. 3815, Revised Penal Code, Articles 25, 27 and 76, Supreme Court E-Library |
| Fine | Afflictive | More than ₱1,200,000 | None | None | None | Republic Act No. 10951, Sec. 2 (Article 26), Supreme Court E-Library |
| Fine | Correctional | From ₱40,000 up to ₱1,200,000 | None | None | None | Republic Act No. 10951, Sec. 2 (Article 26), Supreme Court E-Library |
| Fine | Light | Less than ₱40,000 | None | None | None | Republic Act No. 10951, Sec. 2 (Article 26), Supreme Court E-Library |
Notes
- Crimes in the Code are often punished with only part of a penalty, for example "arresto mayor in its maximum period" or "prision correccional in its minimum and medium periods". Use the period columns to see how long that part lasts. Article 76 divides each of these penalties into three periods: minimum, medium and maximum.
- The table shows the range for each penalty. It is not the sentence a person will get. The court fixes the actual sentence using other rules of the Code and the facts of the case.
- Arresto mayor: Article 27 says it lasts "from one month and one day to six months", but the Article 76 table writes its minimum period as "From 1 to 2 months". The table above keeps both as written in the Code.
- Reclusion perpetua is not divided into periods in the Article 76 table. Its length of 20 years and 1 day to 40 years comes from Article 27 as amended by Republic Act No. 7659. See Reclusion perpetua.
- The class of a penalty matters. It decides, for example, how many years the State has to file a case (Article 90). See the Prescription of crimes table.
- Fines have their own classes under Article 26, as amended by Republic Act No. 10951. A fine of exactly ₱40,000 is correctional, because the law says a correctional fine is "not less than" ₱40,000.
- Made-up example: Jerry is punched in a fight and cannot work for 15 days. Less serious physical injuries (Article 265) is punished by arresto mayor, so the range is 1 month and 1 day to 6 months.
- Made-up example: Ana is convicted of estafa of ₱30,000 by abuse of confidence. Article 315 sets arresto mayor in its medium and maximum periods. Joining the medium and maximum columns gives 2 months and 1 day to 6 months. See Estafa penalties by amount.
- Meaning of each penalty: arresto menor, arresto mayor, prision correccional, reclusion perpetua. For penalties by amount, see Theft penalties by amount. If you or a family member faces a case, see Free legal help.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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