Destierro Penalty in Philippine Law

Destierro

• A principal penalty in the Philippines, where a convict is banished to a specific place and prohibited from entering or coming near that place, with a minimum distance of 25 kilometers and a maximum of 250 kilometers.
• Example: A government official convicted of destierro may be sent to a remote province in the Philippines, such as Batanes, from their usual place of residence, which is Manila, and is prohibited from returning to Manila or coming near the area within 25-250 kilometers.

Cases Where Destierro Can Be Imposed

• Serious physical injuries or death under exceptional circumstances (Art. 247)
• In the crime of grave threat or light threat, when the offender is required to put up a bond for good behavior but failed or refused to do so (Art. 284)
• As a penalty for the concubine in concubinage (Art. 334)
• In cases where, after reducing the penalty by one or more degrees, destierro is the proper penalty

Preventive Imprisonment

• Offenders undergoing preventive imprisonment are credited with the full time spent if they agree to follow prison rules
• Exceptions include recidivists or those who fail to surrender voluntarily
• If the prisoner agrees but is unwilling to sign, they are credited with 4/5 of the time
• Preventive imprisonment is deducted from the sentence, including reclusion perpetua, capped at 30 years
• Immediate release occurs when preventive imprisonment equals the maximum possible sentence

Effect of Penalties

• Perpetual absolute disqualification results in the loss of public office, voting rights, and the ability to hold certain positions
• It also entails the forfeiture of retirement benefits

Mitigating Circumstances

• Ordinary mitigating circumstances include:
  • Offset rule, which limits the total reduction in penalty due to mitigating circumstances
  • The offender's confession and admission of guilt before the court
• Privileged mitigating circumstances under the Revised Penal Code (RPC) include:
  • Minor offender: The offender is below 18 years old (Art. 68)
  • Incomplete crime: The crime is not entirely finished due to reasons beyond the offender's control (Art. 69)
  • More mitigating circumstances: There are more mitigating factors than aggravating factors in the crime (Art. 64, par. 5)
  • Voluntary release: The offender releases the illegally detained person within 3 days without achieving their goal and before any legal action is taken (Art. 268, par. 3)
  • Spousal abandonment: The offended spouse abandoned the marriage without justification in an adultery case