Article 8Act No. 3815, Sec./Art. 8

Conspiracy and proposal to commit felony.-Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefor.

A conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it.

There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

2. The commitment of a minor to any of the institutions

mentioned in Article 80 and for the purposes specified

therein.

3. Suspension from the employment of public office

during the trial or in order to institute proceedings.

4. Fines and other corrective measures which, in the

exercise

of

their

administrative

disciplinary

powers,

superior officials may impose upon their subordinates.

5. Deprivation of rights and the reparations which the civil

laws may establish in penal form.

Chapter Two CLASSIFICATION OF PENALTIES

Article 25. Penalties which may be imposed. - The

penalties which may be imposed according to this Code,

and their different classes, are those included in the

following:

Scale

Principal Penalties

Capital punishment:

Death.

Afflictive penalties:

Reclusion perpetua,

Reclusion temporal,

Perpetual or temporary absolute disqualification,

Perpetual or temporary special disqualification,

Prision mayor.

Correctional penalties:

Prision correccional,

Arresto mayor,

Suspension,

Destierro.

Light penalties:

Arresto menor,

Public censure.

Penalties common to the three preceding classes:

Fine, and

Bond to keep the peace.

Accessory Penalties

Perpetual or temporary absolute disqualification,

Perpetual or temporary special disqualification,

Suspension from public office, the right to vote and be

voted for, the profession or calling.

Civil interdiction,

Indemnification,

Forfeiture or confiscation of instruments and proceeds of

the offense,

Payment of costs.

Article 26. When afflictive, correctional, or light penalty.

-A fine, whether imposed as a single or as an alternative

penalty, shall be considered an afflictive penalty, if it

exceeds

One

million

two

hundred

thousand

pesos

(P1,200,000); a correctional penalty, if it does not exceed

One million two hundred thousand pesos (P1,200,000)

but is not less than Forty thousand pesos (P40,000); and a

light penalty, if it be less than Forty thousand pesos

(P40,000).

(as

amended

by

Republic Act No. 10951,

[August 29, 2017])

Chapter Three DURATION AND EFFECTS OF

PENALTIES

Section One. - Duration of Penalties

Article 27. Reclusion perpetua. - The penalty of reclusion

perpetua shall be from twenty years and one day to forty

years.

Reclusion temporal. — The penalty of reclusion temporal

shall be from twelve years and one day to twenty years.

Prision mayor and temporary disqualification. — The

duration of the penalties of prision mayor and temporary

disqualification shall be from six years and one day to

twelve years, except when the penalty of disqualification

is imposed as an accessory penalty, in which case, its

durations shall be that of the principal penalty.

Prision correccional , suspension, and destierro . — The

duration

of

the

penalties

of

prision

correccional,

suspension, and destierro shall be from six months and

one day to six years, except when the suspension is

imposed as an accessory penalty, in which case, its

duration shall be that of the principal penalty.

Arresto mayor. — The duration of the penalty of arresto

mayor shall be from one month and one day to six

months.

Arresto menor. — The duration of the penalty of arresto

menor shall be from one day to thirty days.

Bond to keep the peace. — The bond to keep the peace

shall be required to cover such period of time as the court

may determine.

(as amended by Republic Act No. 7659, [December 13,

1993])

Article 28. Computation of penalties. - If the offender

shall be in prison, the term of the duration of the

temporary penalties shall be computed from the day on

which the judgment of conviction shall have become

final.

If the offender be not in prison, the term of the duration

of the penalty consisting of deprivation of liberty shall be

computed from the day that the offender is placed at the

disposal of the judicial authorities for the enforcement of

the penalty. The duration of the other penalties shall be

computed only from the day on which the defendant

commences to serve his sentence.

Article 29. Period of preventive imprisonment deducted

from term of imprisonment. - Offenders or accused who

have

undergone

preventive

imprisonment

shall

be

credited in the service of their sentence consisting of

deprivation of liberty, with the full time during which they

have

undergone

preventive

imprisonment

if

the

detention prisoner agrees voluntarily in writing after

being informed of the effects thereof and with the

assistance of counsel to abide by the same disciplinary

rules imposed upon convicted prisoners, except in the

following cases:

1. When they are recidivists, or have been convicted

previously twice or more times of any crime; and

2. When upon being summoned for the execution of their

sentence they have failed to surrender voluntarily.

If the detention prisoner does not agree to abide by the

same

disciplinary

rules

imposed

upon

convicted

prisoners, he shall do so in writing with the assistance of a

counsel and shall be credited in the service of his

sentence with four-fifths of the time during which he has

undergone preventive imprisonment.

Credit for preventive imprisonment for the penalty of

reclusion perpetua shall be deducted from thirty (30)

years.

Whenever

an

accused

has

undergone

preventive

imprisonment

for

a

period

equal

to

the

possible

maximum imprisonment of the offense charged to which

he may be sentenced and his case is not yet terminated,

© Compiled By RGL

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