Article 27

Question 1

What is Article 27 of the RPC?

Answer 1

Reclusion perpetua. - Any person sentenced to any of the perpetual penalties shall be pardoned after undergoing the penalty for thirty years, unless such person by reason of his conduct or some other serious cause shall be considered by the Chief Executive as unworthy of pardon.

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 duration 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 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.

Question 1

What is the duration of reclusion perpetua?

Answer 1

20 years and 1 day to 40 years

Question 2

What is the duration of reclusion temporal?

Answer 2

12 years and 1 day to 20 years

Question 3

What is the duration of prision mayor and temporary disqualification?

Answer 3

6 years and 1 day to 12 years, except when disqualification is an accessory penalty, in which case its duration is that of the principal penalty

Question 4

What is the duration of prision correccional, suspension, and destierro?

Answer 4

6 months and 1 day to 6 years, except when suspension is an accessory penalty, in which case its duration is that of the principal penalty

Question 5

What is the duration of arresto mayor?

Answer 5

1 month and 1 day to 6 months

Question 6

What is the duration of arresto menor?

Answer 6

1 day to 30 days

Question 7

What is the duration for bond to keep the peace?

Answer 7

The period during which the bond shall be effective is discretionary on the court

Question 8

Does temporary disqualification and suspension, when imposed as accessory penalty, follow the duration of the principal penalty?

Answer 8

Yes. If the penalty imposed is arresto mayor, the duration of the accessory penalty of suspension of the right to hold office and the right of suffrage shall be that of arresto mayor.

Exception: when the penalty (of disqualification or suspension) is imposed to an accessory penalty, in which case its duration shall be that of the principal penalty

Question 9

In what cases is destierro imposed? (4)

Answer 9

1. Serious physical injuries or death under exceptional circumstances (Art. 247)
2. In case of failure to give bond for good behavior (Art. 284)
3. As a penalty for the concubine in concubinage (Art 334)
4. In cases where after reducing the penalty by one or more degrees destierro is the proper penalty

Question 10

Can bond to keep the peace be provided as a penalty for a felony?

Answer 10

No. No felony shall be punishable by any penalty not prescribed by law prior to its commission, and bond to keep the peace is not specifically provided for by the Code for any felony.