Text of the provision
Art. 28. Computation of penalties. -If the offender shall be in prison the term of the duration of the temporary penalties shall be computed from the day on which the judgment of conviction shall have become final. If the offender be not in prison, the term of the duration of the penalty consisting of deprivation of liberty shall be computed from the day that the offender is placed at the disposal of the judicial authorities for the enforcement of the penalty. The duration of the other penalties shall be computed only from the day on which the defendant commences to serve his sentence.
Revised Penal Code of the Philippines, Act No. 3815, as amended. Reproduced in full from the official enactment and verified against the LawPhil and ChanRobles renderings.
What this article means
This article fixes when the clock starts running on a sentence. If the offender is already in prison, temporary penalties run from the day the judgment of conviction becomes final; if he is not in prison, a penalty depriving him of liberty runs from the day he is placed at the disposal of the judicial authorities for enforcement, while all other penalties run only from the day he begins to serve sentence.
Questions about this provision
Related provisions
- Article 27 — Duration Of Penalties.
- Article 33 — Effect Of Suspension Penalties.
On this text. This article is reproduced as the Revised Penal Code enacted it, verified word-for-word against two independent sources. Republic Act No. 10951 (2017) revised the penalty amounts in many other articles of this Code; where an amount appears below it is the figure this article itself carries.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.