Article 9Act No. 3815, Sec./Art. 9

Grave felonies, less grave felonies and light felonies.-Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with article 25 of this Code.

Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional, in accordance with the above mentioned article.

Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or both, is provided.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

he shall be released immediately without prejudice to the

continuation of the trial thereof or the proceeding on

appeal, if the same is under review. Computation of

preventive

imprisonment

for purposes of immediate

release under this paragraph shall be the actual period of

detention with good conduct time allowance: Provided,

however, That if the accused is absent without justifiable

cause at any stage of the trial, the court may motu

proprio order the rearrest of the accused: Provided, finally,

That

recidivists,

habitual

delinquents,

escapees

and

persons charged with heinous crimes are excluded from

the coverage of this Act. In case the maximum penalty to

which the accused may be sentenced is destierro , he shall

be

released

after

thirty

(30)

days

of

preventive

imprisonment.

(As amended by Republic Act 6127, June 17, 1970, E.O. No.

214, July 10, 1988, Republic Act No. 10592, [May 29, 2013]).

Section Two. - Effects of the penalties according to their

respective nature

Article

30.

Effects of the penalties of perpetual or

temporary absolute disqualification. - The penalties of

perpetual

or

temporary

absolute

disqualification

for

public office shall produce the following effects:

1. The deprivation of the public offices and employments

which the offender >may have held even if conferred by

popular election.

2. The deprivation of the right to vote in any election for

any popular office or to be elected to such office.

3.

The

disqualification

for

the

offices

or

public

employments and for the exercise of any of the rights

mentioned.

In

case

of

temporary

disqualification,

such

disqualification as is comprised in paragraphs 2 and 3 of

this article shall last during the term of the sentence.

4. The loss of all rights to retirement pay or other pension

for any office formerly held.

Article

31.

Effect

of

the

penalties

of

perpetual

or

temporary special disqualification. - The penalties of

perpetual or temporary special disqualification for public

office, profession or calling shall produce the following

effects:

1. The deprivation of the office, employment, profession or

calling affected;

2.

The

disqualification

for

holding similar offices or

employments either perpetually or during the term of the

sentence according to the extent of such disqualification.

Article

32.

Effect

of

the

penalties

of

perpetual

or

temporary special disqualification for the exercise of the

right of suffrage. - The perpetual or temporary special

disqualification for the exercise of the right of suffrage

shall deprive the offender perpetually or during the term

of the sentence, according to the nature of said penalty,

of the right to vote in any popular election for any public

office or to be elected to such office. Moreover, the

offender shall not be permitted to hold any public office

during the period of his disqualification.

Article 33. Effects of the penalties of suspension from

any public office, profession or calling, or the right of

suffrage. - The suspension from public office, profession

or calling, and the exercise of the right of suffrage shall

disqualify

the

offender

from holding such office or

exercising such profession or calling or right of suffrage

during the term of the sentence.

The person suspended from holding public office shall

not hold another having similar functions during the

period of his suspension.

Article 34. Civil interdiction. - Civil interdiction shall

deprive the offender during the time of his sentence of

the rights of parental authority, or guardianship, either as

to the person or property of any ward, of marital authority,

of the right to manage his property and of the right to

dispose of such property by any act or any conveyance

inter vivos.

Article 35. Effects of bond to keep the peace. - It shall be

the duty of any person sentenced to give bond to keep

the peace, to present two sufficient sureties who shall

undertake that such person will not commit the offense

sought to be prevented, and that in case such offense be

committed they will pay the amount determined by the

court in the judgment, or otherwise to deposit such

amount in the office of the clerk of the court to guarantee

said undertaking.

The court shall determine, according to its discretion, the

period of duration of the bond.

Should the person sentenced fail to give the bond as

required he shall be detained for a period which shall in

no

case

exceed

six months, is he shall have been

prosecuted for a grave or less grave felony, and shall not

exceed thirty days, if for a light felony.

Article 36. Pardon; its effect. - A pardon shall not work the

restoration of the right to hold public office, or the right of

suffrage, unless such rights be expressly restored by the

terms of the pardon.

A pardon shall in no case exempt the culprit from the

payment of the civil indemnity imposed upon him by the

sentence.

Article 37. Cost; What are included. - Costs shall include

fees

and

indemnities

in

the

course

of

the

judicial

proceedings,

whether

they

be

fixed

or

unalterable

amounts previously determined by law or regulations in

force, or amounts not subject to schedule.

Article 38. Pecuniary liabilities; Order of payment. - In

case the property of the offender should not be sufficient

for the payment of all his pecuniary liabilities, the same

shall be met in the following order:

1. The reparation of the damage caused.

2. Indemnification of consequential damages.

3. The fine.

4. The cost of the proceedings.

Article 39. Subsidiary penalty. - If the convict has no

property with which to meet the fine mentioned in

paragraph 3 of the next preceding article, he shall be

subject to a subsidiary personal liability at the rate of one

day for each amount equivalent to the highest minimum

wage rate prevailing in the Philippines at the time of the

rendition of judgment of conviction by the trial court,

subject to the following rules:

1. If the principal penalty imposed be prision correccional

or arresto and fine, he shall remain under confinement

until his fine referred in the preceding paragraph is

satisfied,

but

his

subsidiary

imprisonment

shall

not

exceed one-third of the term of the sentence, and in no

case shall it continue for more than one year, and no

fraction or part of a day shall be counted against the

prisoner.

2. When the principal penalty imposed be only a fine, the

subsidiary imprisonment shall not exceed six months if

the culprit shall have been prosecuted for a grave or less

grave felony, and shall not exceed fifteen days, if for a

light felony.

3. When the principal penalty imposed is higher than

prision correccional, no subsidiary imprisonment shall be

imposed upon the culprit.

4. If the principal penalty imposed is not to be executed

by confinement in a penal institution, but such penalty is

of fixed duration, the convict, during the period of time

established in the preceding rules shall continue to suffer

the same deprivations as those of which the principal

penalty consists.

5. The subsidiary personal liability which the convict may

have suffered by reason of his insolvency shall not relieve

him from the fine in case his financial circumstances

should improve.

© Compiled By RGL

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