Skip to content

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.

Duration of the principal penalties of the Revised Penal Code and their minimum, medium and maximum periods (Articles 25, 27 and 76; Article 27 as amended by Republic Act No. 7659), and the classes of fines (Article 26 as amended by Republic Act No. 10951).
PenaltyClass (Article 25)Whole penaltyMinimum periodMedium periodMaximum periodSource
DeathCapital punishmentProhibited 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.NoneNoneNoneRepublic Act No. 9346, Secs. 1 and 2, Supreme Court E-Library
Reclusion perpetuaAfflictive20 years and 1 day to 40 yearsNoneNoneNoneRepublic Act No. 7659, Sec. 21 (Article 27), Supreme Court E-Library
Reclusion temporalAfflictive12 years and 1 day to 20 years12 years and 1 day to 14 years and 8 months14 years, 8 months and 1 day to 17 years and 4 months17 years, 4 months and 1 day to 20 yearsAct No. 3815, Revised Penal Code, Articles 25, 27 and 76, Supreme Court E-Library
Prision mayorAfflictive6 years and 1 day to 12 years6 years and 1 day to 8 years8 years and 1 day to 10 years10 years and 1 day to 12 yearsAct No. 3815, Revised Penal Code, Articles 25, 27 and 76, Supreme Court E-Library
Prision correccionalCorrectional6 months and 1 day to 6 years6 months and 1 day to 2 years and 4 months2 years, 4 months and 1 day to 4 years and 2 months4 years, 2 months and 1 day to 6 yearsAct No. 3815, Revised Penal Code, Articles 25, 27 and 76, Supreme Court E-Library
Destierro (a ban from entering a place, not prison)Correctional6 months and 1 day to 6 years6 months and 1 day to 2 years and 4 months2 years, 4 months and 1 day to 4 years and 2 months4 years, 2 months and 1 day to 6 yearsAct No. 3815, Revised Penal Code, Articles 25, 27 and 76, Supreme Court E-Library
Arresto mayorCorrectional1 month and 1 day to 6 months1 to 2 months (as written in the Article 76 table; see the notes)2 months and 1 day to 4 months4 months and 1 day to 6 monthsAct No. 3815, Revised Penal Code, Articles 25, 27 and 76, Supreme Court E-Library
Arresto menorLight1 day to 30 days1 to 10 days11 to 20 days21 to 30 daysAct No. 3815, Revised Penal Code, Articles 25, 27 and 76, Supreme Court E-Library
FineAfflictiveMore than ₱1,200,000NoneNoneNoneRepublic Act No. 10951, Sec. 2 (Article 26), Supreme Court E-Library
FineCorrectionalFrom ₱40,000 up to ₱1,200,000NoneNoneNoneRepublic Act No. 10951, Sec. 2 (Article 26), Supreme Court E-Library
FineLightLess than ₱40,000NoneNoneNoneRepublic 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.

Share this page

Was this page helpful?

Report outdated or incorrect info

Do not include personal details such as your name, ID numbers or passwords.