Law Summary
Successive Service of Sentences (Article 70)
- In cases of multiple penalties, sentences are to be served simultaneously if possible, otherwise successively.
- Prescribes the order of severity for penalties to guide the sequence of service:
- Death
- Reclusion perpetua
- Reclusion temporal
- Prision mayor
- Prision correccional
- Arresto mayor
- Arresto menor
- Destierro
- Perpetual absolute disqualification
- Temporary absolute disqualification
- Suspension from public office and related rights
- Public censure
- Limits the maximum total duration of sentences to no more than three times the length of the most severe penalty imposed.
- Sets an absolute maximum limit of 40 years for the total duration of sentences.
- Specifies treating reclusion perpetua as 30 years for duration calculations.
Graduated Scales for Penalties (Article 71)
- Provides guidelines for applying penalties that are higher or lower by degrees than prescribed by law.
- Requires penalties to be graduated according to the scales contained within the penal code.
- Two established graduated penalty scales:
- Scale No. 1: Death, Reclusion perpetua, Reclusion temporal, Prision mayor, Prision correccional, Arresto mayor, Destierro, Arresto menor, Public censure, Fine.
- Scale No. 2: Perpetual absolute disqualification, Temporary absolute disqualification, Suspension from public office and related rights, Public censure, Fine.
Effectivity
- The amendments took effect immediately upon approval.