5. Excessive Fines; Cruel, Degrading, or Inhuman Punishment

Excessive Fines; Cruel, Degrading, or Inhuman Punishment

Concept

The Constitution prohibits excessive fines and cruel, degrading, or inhuman punishment. This limitation concerns both monetary penalties and the character of punishment imposed. It also addresses the treatment of prisoners and detainees, including the use of substandard or inadequate penal facilities under subhuman conditions. (Art. III, Sec. 19, 1987 Const.)¹

Governing provisions

Article III, Section 19 bars excessive fines and cruel, degrading, or inhuman punishment. It further provides that the death penalty shall not be imposed unless Congress thereafter provides for it for compelling reasons involving heinous crimes. Any death penalty already imposed shall be reduced to reclusion perpetua. The provision directs that physical, psychological, or degrading punishment of prisoners or detainees, and the use of inadequate facilities under subhuman conditions, be dealt with by law. (Art. III, Sec. 19, 1987 Const.)¹

Article 5 of the Revised Penal Code addresses a different situation: strict enforcement of the Code may produce a clearly excessive penalty when the degree of malice and injury caused are considered. The court must submit an appropriate statement to the Chief Executive through the Department of Justice, without suspending execution of the sentence. (Art. 5, Revised Penal Code)²

Requisites / Rules

• For the Article 5 referral on excessive penalties, the court considers whether strict enforcement of the Code would impose a clearly excessive penalty in light of the degree of malice and the injury caused. The referral does not suspend execution of the sentence. (Art. 5, Revised Penal Code)²
• A fine is among the penalties listed in the Revised Penal Code. Article 26, as amended by RA 10951, classifies a fine, whether imposed alone or alternatively, as afflictive if it exceeds ₱1,200,000; correctional if it is at least ₱40,000 but does not exceed ₱1,200,000; and light if it is less than ₱40,000. These are statutory classifications, not a stated test for constitutional excessiveness. (Art. 25, Revised Penal Code)³ (Art. 26, Revised Penal Code)⁴

Distinctions

A claim that a fine is constitutionally excessive is distinct from the Article 26 classification of a fine by amount. Likewise, an Article 5 referral concerns a clearly excessive penalty resulting from strict application of the Code; the provision expressly requires the court to proceed without suspending execution of the sentence. (Art. III, Sec. 19, 1987 Const.)¹ (Art. 26, Revised Penal Code)⁴ (Art. 5, Revised Penal Code)²

Key doctrines

In Corpuz v. People, the Court stated that determining whether statutory penalties are excessive or require adjustment is primarily a legislative function. A constitutional challenge to a statute based on the severity of its penalty must be directly pleaded and heard, rather than raised collaterally. (Corpuz v. People, G.R. No. 180016, 29 April 2014)⁵

In Zaldivar v. Gonzalez, indefinite suspension from the practice of law was held not to be cruel, degrading, or inhuman punishment per se. The suspension allowed the lawyer to purge the contempt and regain privileges through acknowledgment, repentance, and demonstrated reform. (Zaldivar v. Gonzalez, G.R. No. 79690-707, 1 February 1989)⁶

Exceptions

The constitutional restriction on imposing the death penalty states a limited condition: Congress may provide for it for compelling reasons involving heinous crimes, but RA 9346 currently prohibits its imposition. Consideration of capital punishment calls for attention to proportionality and procedural safeguards, as discussed in People v. Echegaray. (Art. III, Sec. 19, 1987 Const.)¹ (People v. Echegaray, G.R. No. 117472, 7 February 1997)⁷

Bar tip

Identify the precise issue: a constitutional objection to the fine or punishment, the statutory classification of a fine, or an Article 5 referral for a clearly excessive Code penalty. Do not treat the referral as authority to suspend the sentence. (Art. III, Sec. 19, 1987 Const.)¹ (Art. 26, Revised Penal Code)⁴ (Art. 5, Revised Penal Code)²