Short answer. No. Destierro is banishment, not imprisonment. A person sentenced to destierro is barred from entering a place named in the judgment, and from a radius around it, for the length of the sentence — but he is not confined in a jail. Breaking the ban is itself punishable.

What the law says

Any person sentenced to destierro shall not be permitted to enter the place or places designated in the sentence, nor within the radius therein specified

Revised Penal Code, Article 87 — Destierro Defined. Read the full provision →

The penalty is exclusion from a place

Article 87 states that any person sentenced to destierro shall not be permitted to enter the place or places designated in the sentence, nor within the radius therein specified. That is the whole content of the penalty: a zone the convict may not enter for the duration of his term. He is not committed to a penal institution, he is not under detention, and he is otherwise free to live and work — provided he does so outside the excluded area. The article then sets outer and inner limits on how wide the radius may be drawn.

The judgment, not the article, tells you where

Article 87 does not name any place. It requires the sentence itself to designate the place or places and to specify the radius, and the court fixes both within the limits the article allows. So the practical answer to "where can I not go" is found in the dispositive portion of the decision, not in the Code. Read that paragraph closely: it identifies the location, states the distance, and is the document any police officer or court would look to if a question of compliance ever arose.

It is a lighter penalty, but it is still a penalty

Destierro is a conviction with a sentence, and it carries the ordinary consequences of one. It restrains liberty in a real way, because the excluded zone is often where the person's home, family or livelihood is. And entering the prohibited area during the term is not treated as a technicality — evading service of a sentence is a separate offence under the Code. Someone who cannot comply with the geography of the order should raise that with counsel rather than risk a fresh charge on top of the original case.

What to check next

Three things settle most questions about a destierro sentence, and all three come from the same document. The designated place or places, which mark the boundary you must stay outside of. The radius stated in the sentence, measured from that point. And the duration of the term, which is when the restriction ends. If any of these is unclear or looks wider than the article permits, that is a matter to take to a lawyer promptly, because the time to question the terms of a sentence is limited.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.