Penalties: c) Reformation – the state punishes to criminal to correct and

reform the latter.

Penalty, defined. d) Exemplarity – the state punishes the criminal to make an
Penalty is the suffering that is inflicted by the state for the example of him.
transgression of the law. e) Justice – the state punishes the criminal as an act of
retributive justice.
Concept of Penalty. The penalty under the RPC has a three-fold purpose.

Penalty in its general sense signifies pain; especially a) Retribution or expiation – because penalty is commensurate
considered in the juridical sphere, it means suffering undergone, to the crime.
because of the action of human society, by one who commits a b) Correction or reformation – as shown by the rules that
crime. regulate the execution of the penalties consisting in
deprivation of liberty.
Different Juridical Conditions of Penalty: c) Social defense – as exhibited by provisions that pertain to
habitual offenders and repeat criminals.
1. Must be productive of suffering, without however affecting
Constitutional restricttion on penalties.
the integrity of the human personality.
2. Must be commensurate with the offense – different crimes ARTICLE III – BILL OF RIGHTS
must be punished with different penalties.
3. Must be personal – no one should be punished for the crime Section 19. (1) Excessive fines shall not be imposed, nor cruel,
of another. degrading or inhuman punishment inflicted. Neither shall death
4. Must be legal – it is the consequence of a judgment according penalty be imposed, unless, for compelling reasons involving
to law. heinous crimes, the Congress hereafter provides for it. Any death
5. Must be certain – no one may escape its effects. penalty already imposed shall be reduced to reclusion perpetua.
6. Must be equal for all.
7. Must be correctional. (2) The employment of physical, psychological, or degrading
These are the juridical conditions of penalty according to the punishment against any prisoner or detainee or the use of
Classical School on which the RPC is based. substandard or inadequate penal facilities under subhuman
conditions shall be dealt with by law.
What is the purpose of the State in punishing crimes?
Section 20. No person shall be imprisoned for debt or non-payment
 To secure justice – the State has an existence of its own to of a poll tax.
maintain, a conscience of its own to assert, and moral
principles to be vindicated. Section 21. No person shall be twice put in jeopardy of punishment
Theories justifying penalty: for the same offense. If an act is punished by a law and an
ordinance, conviction or acquittal under either shall constitute a bar
a) Prevention – state punishes the criminal to prevent/suppress to another prosecution for the same act.
the danger arising from the crime.
b) Self-defense – the state punishes the criminal to protect Section 22. No ex post facto law or bill of attainder shall be enacted.
society from the threat of the criminal.
 Revised Penal Code. Art. 25. Penalties which may be imposed. —
The penalties which may be imposed according to this Code, and
Revised Penal Code. Art. 21. Penalties that may be imposed. — No their different classes, are those included in the following:
felony shall be punishable by any penalty not prescribed by law prior
to its commission. Scale

Revised Penal Code. Art. 22. Retroactive effect of penal laws. — PRINCIPAL PENALTIES
Penal Laws shall have a retroactive effect insofar as they favor the
persons guilty of a felony, who is not a habitual criminal, as this Capital punishment:
term is defined in Rule 5 of Article 62 of this Code, although at the Death.
time of the publication of such laws a final sentence has been
pronounced and the convict is serving the same. Afflictive penalties:
Reclusion perpetua,
Revised Penal Code.Art. 23. Effect of pardon by the offended party.
Reclusion temporal,
— A pardon of the offended party does not extinguish criminal
Perpetual or temporary absolute disqualification,
action except as provided in Article 344 of this Code; but civil liability
Perpetual or temporary special disqualification,
with regard to the interest of the injured party is extinguished by his
Prision mayor.
express waiver.

Revised Penal Code.Art. 24. Measures of prevention or safety which Correctional penalties:
are nor considered penalties. — The following shall not be Prision correccional,
considered as penalties: Arresto mayor,
Suspension,
1. The arrest and temporary detention of accused persons, as well Destierro.
as their detention by reason of insanity or imbecility, or illness
requiring their confinement in a hospital. Light penalties:
Arresto menor,
2. The commitment of a minor to any of the institutions mentioned Public censure.
in Article 80 and for the purposes specified therein.
Penalties common to the three preceding classes:
3. Suspension from the employment of public office during the trial
Fine, and Bond to keep the peace.
or in order to institute proceedings.

4. Fines and other corrective measures which, in the exercise of ACCESSORY PENALTIES
their administrative disciplinary powers, superior officials may Perpetual or temporary absolute disqualification,
impose upon their subordinates. Perpetual or temporary special disqualification,

5. Deprivation of rights and the reparations which the civil laws may Suspension from public office, the right to vote and be voted for, the
establish in penal form. profession or calling.
CLASSIFICATION OF PENALTIES Civil interdiction,
 Arresto mayor. — The duration of the penalty of arresto mayor shall
Indemnification, be from one month and one day to six months.

Forfeiture or confiscation of instruments and proceeds of the Arresto menor. — The duration of the penalty of arresto menor shall
offense, be from one day to thirty days.

Bond to keep the peace. — The bond to keep the peace shall be
Payment of costs. required to cover such period of time as the court may determine.

Revised Penal Code. Art. 28. Computation of penalties. — If the

Revised Penal Code. Art. 26. When afflictive, correctional, or light offender shall be in prison, the term of the duration of the
penalty. — A fine, whether imposed as a single of as an alternative temporary penalties shall be computed from the day on which the
penalty, shall be considered an afflictive penalty, if it exceeds 6,000 judgment of conviction shall have become final.
pesos; a correctional penalty, if it does not exceed 6,000 pesos but
is not less than 200 pesos; and a light penalty if it less than 200 If the offender be not in prison, the term of the duration of the
pesos. 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
DURATION AND EFFECTS OF PENALTIES other penalties shall be computed only from the day on which the
defendant commences to serve his sentence.
Revised Penal Code. Art. 27. Reclusion perpetua. — Any person
sentenced to any of the perpetual penalties shall be pardoned after Revised Penal Code. Art. 29. Period of preventive imprisonment
undergoing the penalty for thirty years, unless such person by deducted from term of imprisonment. — Offenders who have
reason of his conduct or some other serious cause shall be undergone preventive imprisonment shall be credited in the service
considered by the Chief Executive as unworthy of pardon. of their sentence consisting of deprivation of liberty, with the full
time during which they have undergone preventive imprisonment, if
Reclusion temporal. — The penalty of reclusion temporal shall be the detention prisoner agrees voluntarily in writing to abide by the
from twelve years and one day to twenty years. same disciplinary rules imposed upon convicted prisoners, except in
the following cases:
Prision mayor and temporary disqualification. — The duration of the
penalties of prision mayor and temporary disqualification shall be 1. When they are recidivists or have been convicted previously twice
from six years and one day to twelve years, except when the or more times of any crime; and
penalty of disqualification is imposed as an accessory penalty, in
which case its duration shall be that of the principal penalty. 2. When upon being summoned for the execution of their sentence
they have failed to surrender voluntarily.
Prision correccional, suspension, and destierro. — The duration of
the penalties of prision correccional, suspension and destierro shall If the detention prisoner does not agree to abide by the same
be from six months and one day to six years, except when disciplinary rules imposed upon convicted prisoners, he shall do so in
suspension is imposed as an accessory penalty, in which case, its writing with the assistance of a counsel and shall be credited in the
duration shall be that of the principal penalty. service of his sentence with four-fifths of the time during which he
has undergone preventive imprisonment.
 Credit for preventive imprisonment for the penalty trial, for 3 years and 3 months. If after trial, A was found guilty, and
of reclusion perpetua shall be deducted from thirty (30) years. ( as was sentenced to an indeterminate penalty of from 6 years to 1 day
amended RA 10592) to 12 years and 1 day, should he had voluntarily agreed in writing to
abide with the same disciplinary rules upon convicted prisoners, his
Whenever an accused has undergone preventive imprisonment for a full time preventive imprisonment of 3 years and 3 months shall be
period equal to the possible maximum imprisonment of the offense deducted from 12 years and 1 day, making it 8 years and 9 months.
charged to which he may be sentenced and his case is not yet
terminated, he shall be released immediately without prejudice to 4/5 time deduction from the penalty imposed.
the continuation of the trial thereof or the proceeding on appeal, if
the same is under review. Computation of preventive imprisonment Four-fifth of the time of his preventive imprisonment shall be
for purposes of immediate release under this paragraph shall be the credited in the service of their sentence, if the detained prisoner
actual period of detention with good conduct time allowance: shall have not agreed to abide with the same disciplinary rules
Provided, however, That if the accused is absent without justifiable imposed upon convicted prisoners, which also must be done in
cause at any stage of the trial, the court may motu proprio order the writing and in the assistance of counsel.
rearrest of the accused: Provided, finally, That recidivists, habitual
delinquents, escapees and persons charged with heinous crimes are
excluded from the coverage of this Act. In case the maximum Exceptions
penalty to which the accused may be sentenced is destierro, he shall
be released after thirty (30) days of preventive imprisonment. 1. RECIDIVISTS/ people having been convicted previously twice
or more times of any crime
When is there PREVENTIVE IMPRISONMENT?
2. Habitual Delinquents

3. When upon being summoned for the execution of their

The accused undergoes Preventive Imprisonment sentence, they have failed to surrender voluntarily.
when the offense charged is unbailable, or even if bailable, he
cannot furnish the required bail. 4. Escapees

Full-time deduction from the penalty imposed. 5. Persons charged with heinous crimes

Full time shall be credited in the service of their sentence, if In case of perpetual penalties
the detained prisoner shall agree voluntarily in writing AFTER BEING
The third paragraph of RA no. 10592 expressly provides that it
INFORMED OF THE EFFECTS and WITH THE ASSISTANCE OF
credits for preventive imprisonment for the penalty of reclusion
COUNSEL, to abide with the same disciplinary rules imposed upon
perpetua, deducting it from the 30 years.
convicted prisoners.
Impliedly, it also applies for the penalty of life
Example:
imprisonment, an accused sentenced to such is still entitled to the
Mr. X is accused of homicide, which is punishable by deduction of either the full time or four-fifths of the time of
Reclusion Temporal. The court set an amount of Php 15, 000.00 for preventive imprisonment.
bail, but he could not pay such, so he was detained, upon pending
 1. If the period of preventive imprisonment of the accused is • 3. During the following years until the tenth year, inclusive, of
equal to or more than the penalty imposed after trial, he shall his imprisonment, he shall be allowed a deduction of twenty-
be released immediately. five days for each month of good behavior during detention;

2. Computation of preventive imprisonment shall be the actual • 4. During the eleventh and successive years of his
period of detention with good conduct time allowance. imprisonment, he shall be allowed a deduction of thirty days
for each month of good behavior during detention; and
3. If the accused is absent without justifiable cause at any stage
of the trial, the court may motu propio order the rearrest of • "5. At any time during the period of imprisonment, he shall
the accused. be allowed another deduction of fifteen days, in addition to
numbers one to four hereof, for each month of study,
Section 2. which amended Article 94, RPC, is now to read as: teaching or mentoring service time rendered.
ART. 94. Partial extinction of criminal liability. – Criminal liability is An appeal by the accused shall not deprive him of
extinguished partially: entitlement to the above allowances for good conduct.
• 1. By conditional pardon; Section 4. which amended Article 98, RPC, is now to read as:
• 2. By commutation of the sentence; and ART. 98. Special time allowance for loyalty. – A deduction of one
• 3. For good conduct allowances which the culprit may earn fifth of the period of his sentence shall be granted to any prisoner
while he is undergoing preventive imprisonment or serving who, having evaded his preventive imprisonment or the service of
his sentence. his sentence under the circumstances mentioned in Article 158 of
this Code, gives himself up to the authorities within 48 hours
Section 3. which amended Article 97, RPC, is now to read as: following the issuance of a proclamation announcing the passing
away of the calamity or catastrophe referred to in said article. A
deduction of two-fifths of the period of his sentence shall be granted
in case said prisoner chose to stay in the place of his confinement
ART. 97. Allowance for good conduct. – The good conduct of any
notwithstanding the existence of a calamity or catastrophe
offender qualified for credit for preventive imprisonment pursuant to
enumerated in Article 158 of this Code.
Article 29 of this Code, or of any convicted prisoner in any penal
institution, rehabilitation or detention center or any other local jail This Article shall apply to any prisoner whether
shall entitle him to the following deductions from the period of his undergoing preventive imprisonment or serving sentence.
sentence:
Section 5. which amended Article 99, RPC, is now to read as:
• 1. During the first two years of imprisonment, he shall be
allowed a deduction of twenty days for each month of good
behavior during detention;
"ART. 99. Who grants time allowances. – Whenever lawfully
• 2. During the third to the fifth year, inclusive, of his justified, the Director of the Bureau of Corrections, the Chief of the
imprisonment, he shall be allowed a reduction of twenty- Bureau of Jail Management and Penology and/or the Warden of a
three days for each month of good behavior during detention; provincial, district, municipal or city jail shall grant allowances for
good conduct. Such allowances once granted shall not be revoked.
The IRR for the new GCTA has the following features: 5. Director of Corrections
6. Chief, BJMP
1.  It should be construed liberally in favour of a detained or 7. Wardens, Provincial, District, City or Municipal Jail
convicted prisoner.
2. A Management, Screening and Evaluation Committee (MSEC)  
shall be created to determine the procedures and standards of
behaviour for the grant of GCTA and related grants for From hereon, the Corrective Services of the country (through
submission as recommendation to authorities for approval. Department of Justice and Department of Interior and Local
3. The grant of GCTA and other grants (like STAL and TASTM) Government) will have to incorporate and prepare a new manual for
shall be PROSPECTIVE in application. the application of said new GCTA law.  Without “faithful
4. Aside from GCTA, an inmate stands to be granted Special Time compliance”, a corrective officer stands to be penalized for one year
Allowance for Loyalty (STAL) from 1/5 up to 2/5 from his imprisonment, fine of P100,000.00 and perpetual disqualification to
preventive imprisonment or service of sentence; and Time hold office.
Allowance for Study, Teaching and Mentoring (TASTM)
corresponding to 15 days for every month of study or  
mentoring services.
5. Deductible GCTA is based accordingly:
 First 2 years:  20 days off for each month
 Third to fifth year:  23 days off for each month.
 Sixth to tenth year:  25 days off for each month
 Eleventh and successive year:  30 days off for each month

6.“An appeal by the accused shall not deprive him of his entitlement
to the time allowance.”

The IRR also defined certain corrective parameters in the

administration of inmate documents and its application.  Thus:

1.  Preventive imprisonment by a detainee is credited FULL TIME

when there is a Detainee’s Manifestation.
2. In the absence of the manifestation, when there is Detainee’s
Waiver, the creditable period is four-fifths (4/5) of the time of
preventive imprisonment.  This means that 80% of his
detention is credited in his record.
3. GCTA has been included in the enumeration under partial
extinction of criminal liability.
4. Those authorized to grant time allowances are the following:
 nature of said penalty, of the right to vote in any popular election
for any public office or to be elected to such office. Moreover, the
Effects of the penalties according to their respective nature offender shall not be permitted to hold any public office during the
Revised Penal Code. Art. 30. Effects of the penalties of perpetual or period of his disqualification.
temporary absolute disqualification. — The penalties of perpetual or Revised Penal Code. Art. 33. Effects of the penalties of suspension
temporary absolute disqualification for public office shall produce the from any public office, profession or calling, or the right of suffrage.
following effects: — The suspension from public office, profession or calling, and the
1. The deprivation of the public offices and employments which the exercise of the right of suffrage shall disqualify the offender from
offender may have held even if conferred by popular election. holding such office or exercising such profession or calling or right of
suffrage during the term of the sentence.
2. The deprivation of the right to vote in any election for any
popular office or to be elected to such office. The person suspended from holding public office shall not hold
another having similar functions during the period of his suspension.
3. The disqualification for the offices or public employments and for
the exercise of any of the rights mentioned. Revised Penal Code. Art. 34. Civil interdiction. — Civil interdiction
shall deprive the offender during the time of his sentence of the
In case of temporary disqualification, such disqualification as is rights of parental authority, or guardianship, either as to the person
comprised in paragraphs 2 and 3 of this article shall last during the or property of any ward, of marital authority, of the right to manage
term of the sentence. his property and of the right to dispose of such property by any act
or any conveyance inter vivos.
4. The loss of all rights to retirement pay or other pension for any
office formerly held. Revised Penal Code. Art. 35. Effects of bond to keep the peace. — It
shall be the duty of any person sentenced to give bond to keep the
Revised Penal Code. Art. 31. Effect of the penalties of perpetual or peace, to present two sufficient sureties who shall undertake that
temporary special disqualification. — The penalties of perpetual or such person will not commit the offense sought to be prevented,
temporal special disqualification for public office, profession or and that in case such offense be committed they will pay the
calling shall produce the following effects: amount determined by the court in the judgment, or otherwise to
deposit such amount in the office of the clerk of the court to
1. The deprivation of the office, employment, profession or calling
guarantee said undertaking.
affected;
The court shall determine, according to its discretion, the period of
2. The disqualification for holding similar offices or employments
duration of the bond.
either perpetually or during the term of the sentence according to
the extent of such disqualification. Should the person sentenced fail to give the bond as required he
shall be detained for a period which shall in no case exceed six
Revised Penal Code. Art. 32. Effect of the penalties of perpetual or
months, is he shall have been prosecuted for a grave or less grave
temporary special disqualification for the exercise of the right of
felony, and shall not exceed thirty days, if for a light felony.
suffrage. — The perpetual or temporary special disqualification for
the exercise of the right of suffrage shall deprive the offender Revised Penal Code. Art. 36. Pardon; its effect. — A pardon shall not
perpetually or during the term of the sentence, according to the work the restoration of the right to hold public office, or the right of
suffrage, unless such rights be expressly restored by the terms of 2. When the principal penalty imposed be only a fine, the subsidiary
the pardon. imprisonment shall not exceed six months, if the culprit shall have
been prosecuted for a grave or less grave felony, and shall not
A pardon shall in no case exempt the culprit from the payment of exceed fifteen days, if for a light felony.
the civil indemnity imposed upon him by the sentence.
3. When the principal imposed is higher than prision correccional, no
subsidiary imprisonment shall be imposed upon the culprit.
Revised Penal Code. Art. 37. Cost; What are included. — Costs shall 4. If the principal penalty imposed is not to be executed by
include fees and indemnities in the course of the judicial confinement in a penal institution, but such penalty is of fixed
proceedings, whether they be fixed or unalterable amounts duration, the convict, during the period of time established in the
previously determined by law or regulations in force, or amounts not preceding rules, shall continue to suffer the same deprivations as
subject to schedule. those of which the principal penalty consists.
Revised Penal Code. Art. 38. Pecuniary liabilities; Order of payment.
— In case the property of the offender should not be sufficient for
the payment of all his pecuniary liabilities, the same shall be met in 5. The subsidiary personal liability which the convict may have
the following order: suffered by reason of his insolvency shall not relieve him, from the
fine in case his financial circumstances should improve. (As
1. The reparation of the damage caused. amended by RA 5465, April 21, 1969).
2. Indemnification of consequential damages. Penalties in which other accessory penalties are inherent
3. The fine.

4. The cost of the proceedings. Revised Penal Code. Art. 40. Death; Its accessory penalties. — The
death penalty, when it is not executed by reason of commutation or
Revised Penal Code. Art. 39. Subsidiary penalty. — If the convict has
pardon shall carry with it that of perpetual absolute disqualification
no property with which to meet the fine mentioned in the paragraph
and that of civil interdiction during thirty years following the date
3 of the nest preceding article, he shall be subject to a subsidiary
sentence, unless such accessory penalties have been expressly
personal liability at the rate of one day for each eight pesos, subject
remitted in the pardon.
to the following rules:
Revised Penal Code. Art. 41. Reclusion perpetua and reclusion
1. If the principal penalty imposed be prision correccional or arresto
temporal; Their accessory penalties. — The penalties of reclusion
and fine, he shall remain under confinement until his fine referred to
perpetua and reclusion temporal shall carry with them that of civil
in the preceding paragraph is satisfied, but his subsidiary
interdiction for life or during the period of the sentence as the case
imprisonment shall not exceed one-third of the term of the
may be, and that of perpetual absolute disqualification which the
sentence, and in no case shall it continue for more than one year,
offender shall suffer even though pardoned as to the principal
and no fraction or part of a day shall be counted against the
penalty, unless the same shall have been expressly remitted in the
prisoner.
pardon.
Revised Penal Code. Art. 42. Prision mayor; Its accessory penalties. Revised Penal Code. Art. 46. Penalty to be imposed upon principals
— The penalty of prision mayor, shall carry with it that of temporary in general. — The penalty prescribed by law for the commission of a
absolute disqualification and that of perpetual special disqualification felony shall be imposed upon the principals in the commission of
from the right of suffrage which the offender shall suffer although
such felony.
pardoned as to the principal penalty, unless the same shall have
been expressly remitted in the pardon. Whenever the law prescribes a penalty for a felony is general terms,
Revised Penal Code. Art. 43. Prision correccional; Its accessory it shall be understood as applicable to the consummated felony.
penalties. — The penalty of prision correccional shall carry with it
Revised Penal Code. Art. 47. In what cases the death penalty shall
that of suspension from public office, from the right to follow a
profession or calling, and that of perpetual special disqualification not be imposed. — The death penalty shall be imposed in all cases
from the right of suffrage, if the duration of said imprisonment shall in which it must be imposed under existing laws, except in the
exceed eighteen months. The offender shall suffer the following cases:
disqualification provided in the article although pardoned as to the
principal penalty, unless the same shall have been expressly 1. When the guilty person be more than seventy years of age.
remitted in the pardon.
2. When upon appeal or revision of the case by the Supreme court,
Revised Penal Code. Art. 44. Arresto; Its accessory penalties. — The all the members thereof are not unanimous in their voting as to the
penalty of arresto shall carry with it that of suspension of the right propriety of the imposition of the death penalty. For the imposition
too hold office and the right of suffrage during the term of the
of said penalty or for the confirmation of a judgment of the inferior
sentence.
court imposing the death sentence, the Supreme Court shall render
its decision per curiam, which shall be signed by all justices of said
court, unless some member or members thereof shall have been
Revised Penal Code. Art. 45. Confiscation and forfeiture of the
proceeds or instruments of the crime. — Every penalty imposed for disqualified from taking part in the consideration of the case, in
the commission of a felony shall carry with it the forfeiture of the which even the unanimous vote and signature of only the remaining
proceeds of the crime and the instruments or tools with which it was justices shall be required.
committed.
Complex Crimes
Such proceeds and instruments or tools shall be confiscated and
forfeited in favor of the Government, unless they be property of a Revised Penal Code. Art. 48. Penalty for complex crimes. — When a
third person not liable for the offense, but those articles which are single act constitutes two or more grave or less grave felonies, or
not subject of lawful commerce shall be destroyed. when an offense is a necessary means for committing the other, the
penalty for the most serious crime shall be imposed, the same to be
applied in its maximum period.

At least two crimes must be commited.

APPLICATION OF PENALTIES But it must be produced by a single act or the other be a

necessary means for committing the other.
A complex crime is only one crime. trigger. Thus it is not a single act. Held guilty for each murder and
sentenced seperately.
Because there is only one criminal intent, it is only one crime,
and warrants one punishment. CRUCIAL POINT: WAS THERE JUST A SINGLE ACT? IF YES, THEN IT
IS A COMPOUND CRIME
Two kinds of complex crimes:
“Two or more grave or less grave felonies.”
1. When a single act constitutes two or more grave or less grave
felonies. (compound crime) Complex crimes should only have two or more grave felonies
involved, if not, there is no complex crime.
2. When an offense is a necessary means for committing the
other. (complex crime proper) Light felonies produced by the same act should be treated and
punished as separate offenses or may be absorbed by the grave
(ordinarily, both just “complex crimes”) felony.
“When a single act constitutes two or more grave or less grave 1. If there are only light felonies produced by a single
felonies.” act, there is no complex crime. Each crime is to be
Requisites: treated as a separate crime.

1. That only a single act is performed by the offender. 2. If there is a grave felony and a light felony produced
by a single act, there is no complex crime. The light
2. That the single act produces (1) two or more grave felonies, felony is just absorbed into the grave felony.
or (2) one or more grave and one or more less grave
felonies, or (3) two or more less grave felonies. (in short, two Example of compound crime:
or more felonies, grave or less grave, in any combination) 1. A shot a person B. C who was standing behind B got hit by the
Example: bullet that went through B. A is guilty of the complex crime of
the whatever felonies produced in this case.
The single act of throwing a hand grenade producing murder and
multiple attempted murders – the single act of throwing a hand 2. The act of raping a girl and causing her physical injuries which
grenade produced one death and multiple attempted murders. Held required medical attention for about 20 days.
guilty for the complex crime of murder and attempted murder. Rape with homicie is a special complex crime not covered by Art. 48.
Penalty imposed: death, murder being the more serious crime than
attempted murder. Because there is a specific provision in the RPC penalizing
rape with homicide (Art. 266-B).
Distinguished from:
No complex crime where one of the offense is penalized by a special
Several shots from a Thompson sub-machine gun causing several law.
deaths, although caused by a single act of pressing the trigger, are
considered several acts – the single act of pressing the trigger and If there is a special law penalizing a complex crime, there is
not letting it go, is considered multiple acts because, for every bullet actually no complex crime. Rather just the crime punished under
fired while the trigger is pressed is a decision to not let go of that that law.
There is no complex crime of arson with homicide under Art. 48 3. That both or all the offense must be punished under the
same statute. (Thus when the crime involves an offense in
There is a special law providing one penalty for arson with the RPC and a special law, there is no complex crime.)
homicide (RA 7659)
At least two offenses must be committed.
When in obedience to an order several accused simultaneously shot
many persons, without evidence how many each killed, there is only Falsification of a public document (Art. 171) and malversation
a single offense,there being a single criminal impulse. (Art . 217). A violated Art. 171 in order to acquire money from B
which later misappriopriated, violating Art. 217. It was necessary for
A ordered B, C, and to shoot at a crowd, there being no A to violate Art. 171 in order to acquire the money which he
evidence to determine how many each of B C and D killed, they are misappriopriated, Art. 217.
all individually liable of one offense, the complex crime of multiple
homicide. THIS ONLY APPLIES WHEN THERE IS NO EVIDENCE TO The phrase “necessary means” does not mean “indispensable
DETERMINE HOW MANY EACH OF THEM KILLED. means”.

When it is whithin the scope of possibility that the two victims were If this were the case, it would mean that one act is an
killed by one and the same missile. ingredient of the other, and would not constitute a complex crime
(because then, if for example, offense A is an indispensable
Again, when there is no evidence on how the two victims ingredient of B, then all violations of B shall always coincide with
died, since their bodies were found in close proximity, and it is offense A, thus, there is no complex crime.)
possible that they were killed by the same missile, the accused is
guilty of the complex crime of double murder. When in the definition of a felony, one offense is a means to
commit the other, there is no complex crime.
Applicable to crimes through negligence.
In complex crime, when the offender executes various acts, he must
Because the RPC punishes felonies by dolo (deceit) and culpa have a single purpose.
(fault), Art. 48 also applie to felonies committed through negligence.
If A falsified 27 documents to commit estafa, there is a
Theft of a firearm and illegal possession of the same firearm do not complex crime, there being a singular purpose in the 27
form a complex crime – they are two distinct crimes. falsifications, to commit estafa.
Because the other is punished under the RPC and the other If A falsified 27 documents, and just that. A is guilty with 27
by a special law. Complex crimes must only comprise of felonies or counts of falsification.
crimes punished in the RPC.
Subsequent acts of intercourse, after forcible abduction with rape,
“When an offense is a necessary means for committing the other.” are separate acts of rape.
Requisites: A, assisted by B, C, and D kidnapped E and raped her. After,
1. That at least two offenses are committed still while in captivity, E was raped again 16 times (4 times each) by
the four of them. A, B, C and D are guilty of (1) forcible abduction
2. That one or some of the offenses must be necessary to with rape and (2) 16 counts of rape. The reason for this is because
commit the other. the first rape and the abduction were already consumated. Thus the
latter rapes are no longer connected to the abduction and If firearm in question is the same firearm used in the
constituted separate offenses. furtherance of said rebellion. NOTE: NOT A COMPLEX CRIME.
REBELLION JUST ABSORBS THE ILLEGAL POSSESSION.
No complex crime when trespass to dwelling is a direct means to
commit a grave offense. When two or more or acts are committed but (1) not by a single act
or (2) one is not a necessary means for committing the other, there
Because in this case, the trespassing will be considered as an is no complex crime.
aggravating circumstance under Art. 14 (par. 18 or 19)
Simple enough. The case above is not a complex crime
No complex crime, when one offense is committed conceal the because it doesn’t fall in the two categories of a complex crime:
other. compound crime – multiple felonies, one act and complex crime
Concealment suggests that the crime has been consumated. proper – multiple felonies, multiple acts, but served as “necessary
Therefore an offense committed for the purpose of conceal is not means”.
considered a “necessary means”, thus there is no complex crime. There is no complex crime of rebellion with murder, arson, robbery,
When the offender had in his possession the funds which he or other common crimes.
misappriopriated, the falsification of a public document involving If and only if these acts are committed in perpetration of said
said funds is a separate offense. rebellion, these acts are absorbed by the rebellion, them being
Same reason as above. Because the falsification was not indispensable means or mere ingredients to that rebellion.
committed to acquire the money, and was rather employed to When two crimes produced by a single act are respectively within
conceal the fact that the money was misappriopriated, that act is the jurisdiction of two courts of different jurisdiction, the court of
that of concealment and not a “necessary means”. higher jurisdiction shall try the complex crime.
Illegal possession of firearm is not a necessary means to commit If A through a single act, produced two felonies, the complex
homicide. crime of B and C, and B is the exclusive jurisdiction of court B1 and
Simple enough, there is no sense of necessity to illegally C of C1, if C1 has higher jurisdiction than B1, then C1 will try the
possess a firearm to commit a homicide. Also these offenses are complex crime, or vice versa, if B1 has higher jurisidtion than C1.
punished in separate statutes. The CFI (now, RTC) o Manila retained jurisdiction in a charge of
Illegal Possession of firearm, when considered a special aggravating abduction with rape, although the abduction, which was commenced
circumstance. in Manila, was not proven, and the rape which was committed in
Cavite, was the only matter proved.
But because of RA 8294, use of an unlicensed firearm to
commit murder or homicide is now an aggravating circumstance. The complex crime of forcible abduction with rape was
charged in the complaint on the basis of which the case was tried.
Illegal possesion of firearm absorbed in rebellion.
(note: in my understanding, if the court loses jurisdiction, then the
ruling where the abduction was not proven will lose power, and the
reason for taking away the jurisdiction in the first place will have no
basis.)
Art. 48 is intended to favor the culprit. would seem that the rule on nature of penalty would supersede the
rule on severity, in that, the rule on severity would only apply when
Because, instead of being imposed two or more separate the two penalties are of the same nature, i.e. jail time or fine. It is
penalties, the criminal is sentenced only the penalty for the graver to be understood also, that prison time is always of a worse nature
offense in its maximum period. The reason for this is because when than a fine. JAIL TIME IS BAD.
two or more crimes are the result of a single act, the offender is
deemed less perverse than when he commits the said crimes Art. 48 applies only to cases where the code does not provide a
through separate and distinct acts. definite specific penalty for a complex crime. Art. 48 does not apply
when the law provides one single penalty for speial complex crimes.
The penalty for complex crime is the penalty for the most serious
crime, the same to be applied in its maximum period. If there is a provision in the RPC that punishes a specific
complex crime, then art. 48 shall not apply. Instead, the penalty on
The rule is if A is guilty of a complex crime of B and C. A shall that provision shall be followed.
be sentenced to the penalty of the more serious crime, either B or
C, whichever is the case (determined by the severity of its penalty), One information should be filed when a complex crime is committed.
in its maximum period.
When the allegation is complex crime, one information
In the above example, if B and C have the same penalties, alleging the complex crime should be filed, instead of several
than the penalty in maximum period of one of them shall apply. disjointed informations alleging separate offenses.

When the homicide, physical injuries, and the burning of a When a complex crime is charged and one offense is not proven,
house are the result of one single act of negligence, there is only the accused can be convicted of the other.
one penalty, but there are three civil liablilties. – it would seem the
concept of a complext crime only mitigates criminal liablities, the If one of the crimes being alleged in an information of a
civil libalities still stand. complex crime is not proven, it does not absolve the accused of the
entire crime. Instead, he can still be convicted for the crime which
When the penalty for one of the crimes resultingfrom a single can be proved, even if only one information is filed.
act is beyond the jurisdiction of the municipal court, there should be
additional penalty for the other. Special Complex Crime of Murder or Homicide.

When two felonies constituting a complex crime are punishable by a Before RA 7659, kidnapping with murder must be qualified. If
imprisonmentand fine, respectively, only the penalty of A kidnapped B with the intention of killing B, A is guilty of the
imprisonment should be imposed. complex crime of kidnapping with murder. If A kidnapped B, but did
not intend to kill B, but nevertheless killed him as an afterthought, A
The rule is if A is guilty of a complex crime of B and C. A shall is guilty of two crimes of kidnapping and murder, separately. After
be sentenced to the penalty of the more serious crime, either B or RA 7659, regardless of the qualifications, if A kidnapped B and
C, whichever is the case (determined by the severity of its penalty), subsequently killed, raped or subjected B to torture or dehumanizing
in its maximum period. acts, the maximum penalty shall be imposed.

In the above example if, the penalty of B is a fine of P40,000, COMPLEX CRIMES – Case Digests (from ADAPT)
and the penalty for C is only 4 months, the penalty for C shall apply.
Aside from the severity of penalty, the nature is also considered, it ENRILE vs. SALAZAR
186 SCRA 217 Decision:
Case #/Date: GR No 92613 06.05.1990  The court held that Hernandez ruling should not be
Ponente: Narvasa, J abandoned
Parties:  Its substantive and logical bases have withstood all
Juan Ponce Enrile, petitioner subsequent challenges and no new ones are presented here
Judge Jaime Salazar, Senior State Prosecutor Aurelio Trampe, persuasive enough to warrant a complete reversal
Prosecutor Ferdinand Abesamis, Asst. Prosecutor Eulogio Manquil,  The President in effect by legislative flat reinstated Hernandez
NBI Director Alfredo Lim and any person who have actual custody of as binding doctrine with the effect of law.
Juan Ponce Enrile, respondents  The court held that Hernandez ruling should be limited to
offenses committed as a necessary means for the commission
Facts: of rebellion and that
In the afternoon of 02.27.1990, Sen. Minority Flr. Leader Juan Ponce  the ruling should not be interpreted as prohibiting the
Enrile was arrested by law enforcement officers led by Alfredo Lim complexing of rebellion with other common crimes committed
of NBI on the strength of a warrant for arrest issued by Judge Jaime on the occasion, but not in furtherance, thereof.
Salazar of QC RTC due to the charge of the crime of rebellion with  It would be unfavorable to the offender when Art 48 was
murder and multiple frustrated murder allegedly committed during enacted for the purpose of favoring the culprit, not of
the period of the failed coup attempt from 11.29 to 12.10.1990. He sentencing him of a penalty more severe than that which
was taken to NGI headquarters in Taft and was not allowed to post would be proper if the several acts performed by him were
bail. The following day he was brought to Camp Tomas Karingal in punished separately
Quezon City. On the same day, Sen. Enrile through his counsel filed  If one act constitutes two or more offenses, there can be no
the petition for habeas corpus alleging that he was deprived of his reason to inflict a punishment graver than that prescribed for
constitutional rights. His counsel, including the counsels of his co- each one of said offenses put together.
accused spouses Panililio, argued that his case does not fall within  When two or more crimes are the result of a single act, the
the Hernandez ruling which is a complex crime, instead it is within offender is deemed less perverse than when he commits said
the compound crime arising from a single act constituting 2 or more crimes thru separate and distinct acts.
grave or less grave offenses referred to in the 1st paragraph of Art  The indictment should be read as charging the petitioner with
48 of the RPC. simple rebellion

NAPOLIS vs. CA
Issues: 43 SCRA 301
 WON Hernandez ruling should be abandoned Case #/Date: GR No L-28865 02..28.1972
 WON to hold Hernandez ruling to offenses committed in Ponente: Concepcion, CJ
furtherance of rebellion Parties:
 WON to maintain Hernandez as applying to make rebellion Nicanor Napolis, petitioner
absorb all other offenses in its course, whether or not Court of Appeals and People of the Phils., respondents
necessary to its commission or in furtherance thereof Nature: Appeal from the decision of the lower court convicting the
 WON the petitioner was charged with a non-existing crime petitioner for the crime of robbery in band

Facts:
At about 1 o‘clock in the morning of 10.01.1965, Mrs. Penaflor, resumed its regular speed, Antonio stood up and stabbed the man in
heard the barkings of the dogs nearby indicating that strangers were front of him, then Jose stabbed the sleeping old woman in front of
around the vicinity. She woke up her husband, and her husband him. Amanda Mapa, seeing what happened stood up, carrying her
taking his .38 caliber pistol went downstairs, he then saw 4 men child and tried to escape but she was also stabbed. As a result of
forcibly pushing and opening the gate, one of them holding a what happened 12 people died- in the train or found in tracks of the
machine gun, fired at them. But he was hit on the head by one of train – and several people were injured due to the incident. A
the men, fell down and pretended to be dead. He was tied by the Constabulary Sergeant Rayel, was in another part of the train and
men, then the 4 went inside the house and asked for money from upon learning of what happened, he went to the scene, he identified
Mrs. Penaflor, who gave them P2000 and 2 rings worth P350. The himself as a person of authority then saw Antonio stabbed himself.
men also took the revolver of Mr. Penaflor worth P150, tied the wife According to the twins, there were people who tried to rob them and
and their 2 children before fleeing the scene. stabbed them in the train. They just defended themselves from
those people and admitted stabbing 2 man and stabbing Amanda
Issues: Mapa.
 WON the crime committed is complex, and what penalty shall
be imposed Decision:
 The eight killings and the attempted murder were perpetrated
Decision: by means of different acts. Hence, they cannot be regarded
 The court held that when both – robbery with violence as constituting a complex crime under article 48 of the
against or intimidation of persons and entering the dwelling – Revised Penal Code which refers to cases where "a single act
are present, the crime is a complex one calling for the constitutes two or more grave felonies, or when an offense is
imposition of the penalty for the most serious offense a necessary means for committing the other".
 On the 4 people who were found in the tracks of the train,
PEOPLE vs. TOLING the court held that the absence of eyewitness-testimony as to
62 SCRA 17 the jumping from the train of the four victims already named
Case: People v Toling precludes the imputation of criminal responsibility to the
Case #/Date: GR No L-27097 01.17.1975 appellants for the ghastly deaths of the said victims.
Ponente: Aquino, J
Parties: PEOPLE vs. SALVILLA
People of the Phils., plaintiff-appelle 184 SCRA 671
Anotnio and Jose Toling, defendant-appellant Case #/Date: GR No 86163 04.26.1990
Nature: Appeal from the decision of the CFI of Laguna for the crimes Ponente: Melencio-Herrera, J
of multiple murder and attempted murder Parties:
People of the Phils., plaintiff-appelle
Facts: Bienvenido Salvilla, Reynaldo Canaseres, Ronaldo Canaseres, and
The twins, Antonio and Jose Toling, went to Manila to visit and get Simplicio Canaseres, defendants-appellants
money from their children. Antonio got from his daughter and Nature: Appeal from the judgment convicting the appellants from
grandchild money amounting to P80 while Jose was not able to the complex crime of robbery with serious physical injuries and
meet his children. On 01.08.1965, they boarded the night Bicol serious illegal detention
Express and in Coach 9, on their way home. Not long after the train
Facts: Ponente: Melo, J
On 04.12.1986, a robbery was staged by the 4 accused, armed Parties:
withgunds and a hand grenade, at the New Iloilo Lumber Yard. People of the Phils., plaintiff-appelle
When they entered the establishment they met the employee, Rolando Valdez, accused-appellant
Rodita Habiero, was made to go back to the office and announced a Nature: Appeal from a decision of the RTC of Urdaneta, Pangasinan
hold-up. Salvilla pointed a gun to the owner, Choco, and his two
children, Mary and Mimie, and told the owner that all they needed Facts:
was money. The owner gave him P20,000 and told them to leave In the evening of 09.17.1995, the victims after discussing on how
since he already gave them the money. But the appellants did not they would go to the wedding of a certain Jean Marie‘s cousin they
leave, detained the 4 people and later that afternoon asked for rode in the tricycle and met the appellant Rolande Valdez and his
P100k so that they would be released. At that time the police were companions who were armed with guns. Without warning they
already outside the premises and started negotiation. They told the pointed their guns (carbine which is a single action gun) and fired at
appellants that only P50k could only be given because it was a the victims (the Montanos). After uttering the words, they are
Saturday and it was hard to raise money. The accused let the already dead, they left the scene. Four of the victims died, Jean
employee to get the money and upon taking the money let her leave Marie Garcia, Ramon Garcia, Sandra Montano and Willie Acosta,
the premises. After that, the accused still refused to let the hostages while the others Willie Montano and Randy Tibule survived the
go so the police decided to launch an offensive and assault the attack.
place. Because of the incident, Mary was injured and her right leg Decision:
has to be amputated.  The court held that the four crimes of murder resulted not
from a single act but from several individual and distinct acts.
Decision: The evidence indicates that there was more than one
 The court held that hat a complex crime under Article 48 of gunman involved and the act of each gunman is distinct from
the Revised Penal Code has been committed such that the that of the other. There were also several empty bullet shells
penalty for the more serious offense of Serious Illegal recovered from the scene of the crime which confirms that
Detention (Art. 267, Revised Penal Code), or "reclusion several shots were fired. Each act by each gunman pulling
perpetua to death," is to be imposed instead of the penalty the trigger of their respective firearms, aiming each particular
prescribed for Robbery with Serious Physical Injuries (Art. moment at different persons constitute distinct and individual
294 (3), which is reclusion temporal. acts which cannot give rise to the complex crime of multiple
 He court held that the crime of Serious Illegal Detention was murder.
such a necessary means as it was selected by the appellant
and his co-accused to facilitate and carry out more effectively Ratio:
their evil design to stage a robbery.  Proof of the motive is necessary for conviction only when
 Only one information was filed charging the complex offense there is doubt as to the identity of the accused, not when
 Forestall the capture v availed as a means of insuring the accused has been positively identified as in the present case.
consummation of robbery  RA 8249. If firearm is used to commit homicide or murder it
would only be considered as an aggravating circumstance.
PEOPLE vs. VALDEZ Law will not be given retroactive application
304 SCRA 611 Continued Crime
Case #/Date: GR No 127633 03.11.1999 Plurality of Crimes.
 Plurality of crimes consists in the successive execution by the Although there is a series of acts, there is only one one crime
same individual of different criminal acts upon any of which no committed. Hence, only one penalty shall be imposed.
conviction has yet been declared.
Examples of continued crimes.
Kinds of plurality of crimes.
1. When A misappriopriates several amounts collected by him, in
1. Formal or Ideal (2 categories of these are those that different occassions, in a grand scheme, he is only guilty of
fall under Art. 48 – only one criminal liability) one crime because of the singularity of the criminal purpose.

2. Real or Material – there are different crimes in law as 2. People vs De Leon (cited later)
well as in the conscience of the offender. In such
cases, the offender shall be punished for each and 3. Eight robberies as a component parts of a general plan –
every offense. when there was a fiesta in certain barrio, the accused
committed eight robberies, taking advantage of the fiesta.
Example of real or material plurality. The robberies form part of one grand scheme, one criminal
purpose.
A stabbed B with a knife. Then, A also stabbed C.
Not one continuing crime, but three separate crimes.

The accused robbed three houses. There is no singular

Plurality of crimes distinguished from recidivism. criminal purpose bacause the idea was to rob each house
In recidivism, there must be conviction by final judgment of separately.
the first or prior offense. In plurality of crimes, there is no conviction NOTE: medyo malabo. I remember Barry’s example about him going
of any of the crimes committed. to different classrooms and robbing each class. I don’t remember
Plural crimes of the formal or ideal type are divided into three exactly what he said. But i guess the factor missing from this case is
groups. the link. In example one, there was one criminal intention, and was
executed by abusing one position. In example 2, the accused stole
1. When it falls under Art. 148. two fighting cocks, belonging to two different people, but from one
location. In example 3, there was grand scheme to take advantage
2. When the law specifically fixes a single penalty for two or of the fiesta to rob multiple location. In this case, there was no
more offenses committed. other link between the robberies other than a chronological link.
3. When the offender commits a continued crime. The series of acts born of a single criminal impulse may be
perpetuated during along period of time.
Continued Crime.
A, in the span of one year, wrote three letters to B,
A continued (continuous or continuing) crime is a single crime
threatening t kill B and burn his house, and demanding money.
consisting of a series of acts but all arising from one criminal
When A was finally arrested, A was only guilty a singular crime,
resolution.
which arose from one criminal purpose.
When two acts are deemed distinct from one another although
proceeding from the same criminal impulse.
CONTINUED CRIMES – Case Digest (from ADAPT)
A is very angry at B. A verbally defamed B, after which he
attacked and physcally assaulted B. Although both acts arose from PEOPLE vs. DE LEON
one criminal impulse, slander and slight physical injuries are of 49 Phil. 437
different natures, the former against honor, the latter against Case #/Date: Nos. 25375 and 25376 10.08.1926
persons. Hence prosecution for both crimes, will not place A in Ponente: Villamor, J
double jeopardy. Parties:
NOTE: it would seem that the raison d’etre for the concept of People of the Phils., plaintiff-appelle
continued crimes is to avoid double jeopardy. Looking at the Vicente De Leon Y Flora, defendant-appellant
examples, trying each offense contained in then continued crime Nature: Appeal from a judgment of the CFI of Manila
would place the accused in double jeopardy. There’s also that bit
about having only one criminal intention. Facts:
In the early morning of 12.12.1925, the accused, Vicente De Leon y
A continued crime is not a complex crime. Flora, entered the yard of a certain Vicente Magat‘s house and took
2 roosters – one belonging to a certain Diego Magat and the other
Because the offender does not perform just a single act, to Ignacio Nicolas. Upon being arraigned he pleaded guilty but
neither are the acts done in perpetration serve as necessary means appealed to the CFI of Manila and pleaded not guilty. The trial court
for another. found him guilty of one crime of theft holding that the theft of the 2
roosters constituted but one crime. The Attorney-General raises a
The penalty for continued crime is not the same with complex
question and urges that the penalty for 2 crimes of theft be imposed
crime. The penalty shall not be applied int the maximum period.
upon the accused.
There is no provision in the RPC or any other penal law
defining and specifically penalizing a continuing crime. The principle Decision:
is applied in connection with two or more crimes committed with a  The court held that the act of taking the roosters in the
single intention. same place on the same occasion cannot give rise to 2
crimes having an independent existence of their own
Distinguish real or material plurality from continued crime. because there are not 2 distinct appropriations nor 2
intentions that characterize 2 separate crimes.
Real or material plurality – each crime is done with a criminal
 It s not element of the crime of theft that the culprit know
purpose. i.e. crime 1 – criminal purpose 1, crime 2 – criminal
the owner of the thing stolen, requisite of the crime is the
purpose 2 . . .
taking of property belonging to another with intent to
Continued crime – all crimes done with the same criminal gain, without the consent of the owner
purpose.  The unity of the intention to take a thing belonging to
another on one occasion and in the same place,
i.e. crime 1 – criminal purpose 1, crime 2 – criminal purpose 1, constitutes the commission of only 1 crime of theft
crime 3 – criminal purpose 1, crime 4 – criminal purpose 1, crime 5
– criminal purpose 1
  The fact that the properties belong to different persons prescribed by law for the consummated felony shall be imposed
does not produce multiplicity of crimes which must be upon the principal in a frustrated felony.
punished separately
 The rule is: if several articles, stored in the same place, Revised Penal Code. Art. 51. Penalty to be imposed upon principals
are taken by a single larcenous act, the mere fact that of attempted crimes. — A penalty lower by two degrees than that
some of them belonged to one person and some to prescribed by law for the consummated felony shall be imposed
another person does not dissolve the act into separate upon the principals in an attempt to commit a felony.
crimes.
Revised Penal Code. Art. 52. Penalty to be imposed upon
Penalty for Crime Not Intended accomplices in consummated crime. — The penalty next lower in
degree than that prescribed by law for the consummated shall be
Revised Penal Code. Art. 49. Penalty to be imposed upon the imposed upon the accomplices in the commission of a consummated
principals when the crime committed is different from that intended.
felony.
— In cases in which the felony committed is different from that
which the offender intended to commit, the following rules shall be
observed:
Revised Penal Code. Art. 53. Penalty to be imposed upon
1. If the penalty prescribed for the felony committed be higher than
accessories to the commission of a consummated felony. — The
that corresponding to the offense which the accused intended to
commit, the penalty corresponding to the latter shall be imposed in penalty lower by two degrees than that prescribed by law for the
its maximum period. consummated felony shall be imposed upon the accessories to the
commission of a consummated felony.
2. If the penalty prescribed for the felony committed be lower than
that corresponding to the one which the accused intended to Revised Penal Code. Art. 54. Penalty to imposed upon accomplices
commit, the penalty for the former shall be imposed in its maximum in a frustrated crime. — The penalty next lower in degree than
period.
prescribed by law for the frustrated felony shall be imposed upon
3. The rule established by the next preceding paragraph shall not be the accomplices in the commission of a frustrated felony.
applicable if the acts committed by the guilty person shall also
constitute an attempt or frustration of another crime, if the law Revised Penal Code. Art. 55. Penalty to be imposed upon
prescribes a higher penalty for either of the latter offenses, in which accessories of a frustrated crime. — The penalty lower by two
case the penalty provided for the attempted or the frustrated crime degrees than that prescribed by law for the frustrated felony shall
shall be imposed in its maximum period. be imposed upon the accessories to the commission of a frustrated
Graduation of Penalties felony.

Revised Penal Code. Art. 50. Penalty to be imposed upon principals Revised Penal Code. Art. 56. Penalty to be imposed upon
of a frustrated crime. — The penalty next lower in degree than that accomplices in an attempted crime. — The penalty next lower in
degree than that prescribed by law for an attempt to commit a
felony shall be imposed upon the accomplices in an attempt to
commit the felony.

Revised Penal Code. Art. 57. Penalty to be imposed upon

accessories of an attempted crime. — The penalty lower by two
degrees than that prescribed by law for the attempted felony shall Principals 0 1 2
be imposed upon the accessories to the attempt to commit a felony.
  (Art. 46) (Art. 50) (Art. 51)
Consumated Frustrated Attempted
       
Principals 0 1 2
Accomplices 1 2 3
Accomplices 1 2 3
  (Art. 52) (Art. 54) (Art. 56)
Accessories 2 3 4
       

Accessories 2 3 4
In determining the proper penalty prescribed by law, consider
always the degree of particitpation and the degree of consumation,   (Art 53) (Art. 55) (Art. 57)
then refer to the chart. After determining the proper sentence
       
prescribed by law, the next step would be to appreciate the
mitigating and aggravating circumstances and reduce or increase
the penalty as the case may be.
Homicide
If the accused is a principal and the crime was consumated,
thus 0 – represents the penallty prescribed by law in defining a Principals RT PM PC
crime.
       
If the accused is a mere accomplice and the crime was merely
Accomplices PM PC AMa
attempted, thus 3, the penalty should be 3 degrees lower than that
prescribed by law in defining a crime.        

Accessories PC AMa AMe

       
 A degree is one entire penalty i.e. reclusion perpetua,
reclusion temporal, prision mayor – each of these is a degree.

What is a period of penalty?

A period is one of the three equal portions of divisible

penalty: minimum, medium and maximum.
Art. 60. Exceptions to the rules established in Arts. 50-‐57
A period of a divisible penalty, when described by the Code as a
–  Cases in which law expressly prescribes the penalty penalty for a felony, is in itself a degree.
provided for a frustrated or a7empted felony, or to be
If the penalty for a crime is prision mayor in its minimum
imposed upon accomplices or accessories e.g.:
period, the next penalty to it, one degree lower, would be prision
• •  A7empted or frustrated robbery with homicide (reclusion correcional in its maximum period.
temporal v. reclusion temporal to reclusion perpetua) (297) 
Revised Penal Code. Art. 58. Additional penalty to be imposed upon
• •  Crimes against chasIty of authoriIes (principal) certain accessories. — Those accessories falling within the terms of
paragraphs 3 of Article 19 of this Code who should act with abuse of
Robbery with Homicide their public functions, shall suffer the additional penalty of absolute
perpetual disqualification if the principal offender shall be guilty of a
RP-‐ RT-‐ RT-‐
grave felony, and that of absolute temporary disqualification if he
Principals Death RP RP
shall be guilty of a less grave felony.
    (RT) (PM)

       
Revised Penal Code. Art. 59. Penalty to be imposed in case of failure
Accomplice to commit the crime because the means employed or the aims
s RT     sought are impossible. — When the person intending to commit an
offense has already performed the acts for the execution of the
        same but nevertheless the crime was not produced by reason of the
fact that the act intended was by its nature one of impossible
Accessories PM    
accomplishment or because the means employed by such person
        are essentially inadequate to produce the result desired by him, the
court, having in mind the social danger and the degree of criminality
shown by the offender, shall impose upon him the penalty of arresto
What is a degree in relation to a penalty? mayor or a fine from 200 to 500 pesos.
Revised Penal Code. Art. 60. Exception to the rules established in following the minimum prescribed and of the two next following,
Articles 50 to 57. — The provisions contained in Articles 50 to 57, which shall be taken from the penalty prescribed, if possible;
inclusive, of this Code shall not be applicable to cases in which the otherwise from the penalty immediately following in the above
law expressly prescribes the penalty provided for a frustrated or mentioned respective graduated scale.
attempted felony, or to be imposed upon accomplices or
5. When the law prescribes a penalty for a crime in some manner
accessories.
not especially provided for in the four preceding rules, the courts,
Revised Penal Code. Art. 61. Rules for graduating penalties. — For proceeding by analogy, shall impose corresponding penalties upon
the purpose of graduating the penalties which, according to the those guilty as principals of the frustrated felony, or of attempt to
provisions of Articles 50 to 57, inclusive, of this Code, are to be commit the same, and upon accomplices and accessories.
imposed upon persons guilty as principals of any frustrated or
Article 61 provides for the rules to be observed in lowering the
attempted felony, or as accomplices or accessories, the following
penalty by one or two degrees.
rules shall be observed:
NOTE: Ok. Weird. It seems that penalties can only be lowered up to
1. When the penalty prescribed for the felony is single and
2 degrees. Attempted-accomplice, frustrated-accessory and
indivisible, the penalty next lower in degrees shall be that
attemped-accessory seems to not exist. Although barry did not
immediately following that indivisible penalty in the respective
mention it.
graduated scale prescribed in Article 71 of this Code.
The lower penalty shall be taken from the graduated scale in Art.
2. When the penalty prescribed for the crime is composed of two
71.
indivisible penalties, or of one or more divisible penalties to be
impose to their full extent, the penalty next lower in degree shall be 1. Death
that immediately following the lesser of the penalties prescribed in
the respective graduated scale. 2. Reclusion perpetua

3. When the penalty prescribed for the crime is composed of one or 3. Reclusion temporal
two indivisible penalties and the maximum period of another
4. Prision mayor
divisible penalty, the penalty next lower in degree shall be
composed of the medium and minimum periods of the proper 5. Prision correccional
divisible penalty and the maximum periods of the proper divisible
6. Arresto mayor
penalty and the maximum period of that immediately following in
said respective graduated scale. 7. Destierro
4. when the penalty prescribed for the crime is composed of several 8. Arresto menor
periods, corresponding to different divisible penalties, the penalty
next lower in degree shall be composed of the period immediately 9. Public censure
 10.Fine When the penalty is composed of two indivisible penalties and the
maximum period of a divisible penalty.
1-2 – indivisible
In the example, reclusion temporal in its maximum period to
3-8 – divisble
death. The next lower penalty would be the minimum and maximum
of the divisible penalty, reclusion temporal and the maximum period
of the one after it in Art 71, prision mayor.
• •  MiIgaIng and aggravaIng circumstances are disregarded in
graduaIng penalIes When the penalty is composed of one indivisble penalty and the
maximum period of a divisible penalty
• •  Applied only aTer determinaIon of maximum and minimum
periods Same rule As previous. Except with one indivisible penalty.
Refer to chart.

4. Fourth Rule
1. First Rule:
When the penalty is composed of several periods
When the penalty is single and divisible.
If the penalty prescribe consists in 3 periods , corresponding
When the penalty is indivisible, the immediate after it in Art. to different divisble penalties, the next penalty lower in degree
71, is the lower penalty. would be the next three periods down the scale.
2. Second Rule 5. Fifth Rule
When the penalty is composed of two indivisbile penalties. When the penalty has two periods.
The only case possible here is reclusion perpetua to death. In If the penalty prescribed is two periods, the next lower
this case, the one immediately after the lower penalty of reclusion degree would be the next two periods.
perpetua in Art. 71, which is reclusion temporal shall apply.
When the penalty has one period.
When the penalty is composed of one or more divisible penalties to
be imposed to their full extent. If the penalty prescribed is one period, then one degree lower
is one period lower.
For example reclusion perpetua in its fullest extent, one
degree lower, is the one after reclusion perpetua in Art. 71. Mitigating and aggravating circumstances are disregarded in the
application of the rules for graduating penalties.
3. Third Rule
 Mitigating and aggravating circumstances have no role in Art.
61. Only after the proper graduated penalty is arrived at, are
aggravating and mitigating circumstances are appreciated.
Effects of Mitigating and Aggravating Circumstances, etc.

Revised Penal Code. Art. 62. Effect of the attendance of mitigating or aggravating
circumstances and of habitual delinquency. — Mitigating or aggravating circumstances and
habitual delinquency shall be taken into account for the purpose of diminishing or
increasing the penalty in conformity with the following rules:

1. Aggravating circumstances which in themselves constitute a crime specially punishable

by law or which are included by the law in defining a crime and prescribing the penalty
therefor shall not be taken into account for the purpose of increasing the penalty.

2. The same rule shall apply with respect to any aggravating circumstance inherent in the
crime to such a degree that it must of necessity accompany the commission thereof.

3. Aggravating or mitigating circumstances which arise from the moral attributes of the
offender, or from his private relations with the offended party, or from any other personal
cause, shall only serve to aggravate or mitigate the liability of the principals, accomplices
and accessories as to whom such circumstances are attendant.

4. The circumstances which consist in the material execution of the act, or in the means
employed to accomplish it, shall serve to aggravate or mitigate the liability of those
persons only who had knowledge of them at the time of the execution of the act or their
cooperation therein.

5. Habitual delinquency shall have the following effects:

(a) Upon a third conviction the culprit shall be sentenced to the penalty provided by law for
the last crime of which he be found guilty and to the additional penalty of prision
correccional in its medium and maximum periods;

(b) Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the
last crime of which he be found guilty and to the additional penalty of prision mayor in its
minimum and medium periods; and

(c) Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty
provided for the last crime of which he be found guilty and to the additional penalty of
prision mayor in its maximum period to reclusion temporal in its minimum period.
Notwithstanding the provisions of this article, the total of the two penalties to be imposed
upon the offender, in conformity herewith, shall in no case exceed 30 years.

For the purpose of this article, a person shall be deemed to be habitual delinquent, is
within a period of ten years from the date of his release or last conviction of the crimes of
serious or less serious physical injuries, robo, hurto, estafa or falsification, he is found
guilty of any of said crimes a third time or oftener.

Revised Penal Code. Art. 63. Rules for the application of indivisible penalties. — In all cases
in which the law prescribes a single indivisible penalty, it shall be applied by the courts
regardless of any mitigating or aggravating circumstances that may have attended the
commission of the deed.

In all cases in which the law prescribes a penalty composed of two indivisible penalties, the
following rules shall be observed in the application thereof:

1. When in the commission of the deed there is present only one aggravating
circumstance, the greater penalty shall be applied.

2. When there are neither mitigating nor aggravating circumstances and there is no
aggravating circumstance, the lesser penalty shall be applied.

3. When the commission of the act is attended by some mitigating circumstances and
there is no aggravating circumstance, the lesser penalty shall be applied.

4. When both mitigating and aggravating circumstances attended the commission of the
act, the court shall reasonably allow them to offset one another in consideration of their
number and importance, for the purpose of applying the penalty in accordance with the
preceding rules, according to the result of such compensation.

Revised Penal Code. Art. 64. Rules for the application of penalties which contain three
periods. — In cases in which the penalties prescribed by law contain three periods,
whether it be a single divisible penalty or composed of three different penalties, each one
of which forms a period in accordance with the provisions of Articles 76 and 77, the court
shall observe for the application of the penalty the following rules, according to whether
there are or are not mitigating or aggravating circumstances:

1. When there are neither aggravating nor mitigating circumstances, they shall impose the
penalty prescribed by law in its medium period.

2. When only a mitigating circumstances is present in the commission of the act, they shall
impose the penalty in its minimum period.

3. When an aggravating circumstance is present in the commission of the act, they shall
impose the penalty in its maximum period.
4. When both mitigating and aggravating circumstances are present, the court shall
reasonably offset those of one class against the other according to their relative weight.

5. When there are two or more mitigating circumstances and no aggravating circumstances
are present, the court shall impose the penalty next lower to that prescribed by law, in the
period that it may deem applicable, according to the number and nature of such
circumstances.

6. Whatever may be the number and nature of the aggravating circumstances, the courts
shall not impose a greater penalty than that prescribed by law, in its maximum period.

7. Within the limits of each period, the court shall determine the extent of the penalty
according to the number and nature of the aggravating and mitigating circumstances and
the greater and lesser extent of the evil produced by the crime.

Revised Penal Code. Art. 65. Rule in cases in which the penalty is not composed of three
periods. — In cases in which the penalty prescribed by law is not composed of three
periods, the courts shall apply the rules contained in the foregoing articles, dividing into
three equal portions of time included in the penalty prescribed, and forming one period of
each of the three portions.

Revised Penal Code. Art. 66. Imposition of fines. — In imposing fines the courts may fix
any amount within the limits established by law; in fixing the amount in each case
attention shall be given, not only to the mitigating and aggravating circumstances, but
more particularly to the wealth or means of the culprit.

Revised Penal Code. Art. 67. Penalty to be imposed when not all the requisites of
exemption of the fourth circumstance of Article 12 are present.— When all the conditions
required in circumstances Number 4 of Article 12 of this Code to exempt from criminal
liability are not present, the penalty of arresto mayor in its maximum period to prision
correccional in its minimum period shall be imposed upon the culprit if he shall have been
guilty of a grave felony, and arresto mayor in its minimum and medium periods, if of a less
grave felony.

Revised Penal Code. Art. 68. Penalty to be imposed upon a person under eighteen years of
age. — When the offender is a minor under eighteen years and his case is one coming
under the provisions of the paragraphs next to the last of Article 80 of this Code, the
following rules shall be observed:

1. Upon a person under fifteen but over nine years of age, who is not exempted from
liability by reason of the court having declared that he acted with discernment, a
discretionary penalty shall be imposed, but always lower by two degrees at least than that
prescribed by law for the crime which he committed.

2. Upon a person over fifteen and under eighteen years of age the penalty next lower than
that prescribed by law shall be imposed, but always in the proper period.
Revised Penal Code. Art. 69. Penalty to be imposed when the crime committed is not
wholly excusable. — A penalty lower by one or two degrees than that prescribed by law
shall be imposed if the deed is not wholly excusable by reason of the lack of some of the
conditions required to justify the same or to exempt from criminal liability in the several
cases mentioned in Article 11 and 12, provided that the majority of such conditions be
present. The courts shall impose the penalty in the period which may be deemed proper, in
view of the number and nature of the conditions of exemption present or lacking.

Revised Penal Code. Art. 70. Successive service of sentence. — When the culprit has to
serve two or more penalties, he shall serve them simultaneously if the nature of the
penalties will so permit otherwise, the following rules shall be observed:

In the imposition of the penalties, the order of their respective severity shall be followed so
that they may be executed successively or as nearly as may be possible, should a pardon
have been granted as to the penalty or penalties first imposed, or should they have been
served out.

For the purpose of applying the provisions of the next preceding paragraph the respective
severity of the penalties shall be determined in accordance with the following scale:

1. Death,

2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,

6. Arresto mayor,

7. Arresto menor,

8. Destierro,

9. Perpetual absolute disqualification,

10 Temporal absolute disqualification.

11. Suspension from public office, the right to vote and be voted for, the right to follow a
profession or calling, and

12. Public censure.

Notwithstanding the provisions of the rule next preceding, the maximum duration of the
convict's sentence shall not be more than three-fold the length of time corresponding to
the most severe of the penalties imposed upon him. No other penalty to which he may be
liable shall be inflicted after the sum total of those imposed equals the same maximum
period.

Such maximum period shall in no case exceed forty years.

In applying the provisions of this rule the duration of perpetual penalties (pena perpetua)
shall be computed at thirty years. (As amended).

Three fold rule

The maximum duration of the convict’s sentence shall not be more than threefold the
length of time corresponding to the most severe of the penalties imposed upon him. No
other penalty to which he may be liable shall be inflicted after the sum of those imposed
equals the maximum period.

Such maximum period shall in no case exceed forty years.

The duration of perpetual penalties shall be computed at thirty years. [Art. 70, RPC]

Revised Penal Code. Art. 71. Graduated scales. — In the case in which the law prescribed a
penalty lower or higher by one or more degrees than another given penalty, the rules
prescribed in Article 61 shall be observed in graduating such penalty.

The lower or higher penalty shall be taken from the graduated scale in which is comprised
the given penalty.

The courts, in applying such lower or higher penalty, shall observe the following graduated
scales:

SCALE NO. 1

1. Death,

2. Reclusion perpetua,

3. Reclusion temporal,

4. Prision mayor,

5. Prision correccional,

6. Arresto mayor,
7. Destierro,

8. Arresto menor,

9. Public censure,

10. Fine.

SCALE NO. 2

1. Perpetual absolute disqualification,

2. Temporal absolute disqualification

3. Suspension from public office, the right to vote and be voted for, the right to follow a
profession or calling,

4. Public censure,

5. Fine.

A degree is one entire penalty, one whole penalty or one whole unit of the penalties
enumerated in the graduated scales provided for in Art. 71, RPC. Each of the penalties of
reclusion perpetua, reclusion temporal, prision mayor, etc., enumerated in the graduated
scales, is a degree.

A period is one of the three equal portions, called minimum, medium and maximum,
of a divisible penalty.

Effect of AC/ MC

1. Aggravating circumstances which in themselves constitute a crime specially

punishable by law or which are included by the law in defining a crime and prescribing the
penalty therefor shall not be taken into account for the purpose of increasing the penalty.

2. The same rule shall apply with respect to any aggravating circumstances
inherent in the crime to such a degree that it must of necessity accompany the commission
thereof.

3. Aggravating or mitigating circumstances which arise from the moral attributes

of the offender, or from his private relations with the offended party, or from any other
personal cause, shall only serve to aggravate or mitigate the liability of the principals,
accomplices and accessories as to whom such circumstances are attendant.

4. The circumstances which consist in the material execution of the act, or in

the means employed to accomplish it, shall serve to aggravate or mitigate the liability of
those persons only who had knowledge of them at the time of the execution of the act or
their cooperation therein.
Effect of HD

1. Upon the third conviction, the culprit shall be sentenced to the penalty provided by law
for the last crime of which he be found guilty and to the additional penalty of prision
correccional in its medium and maximum periods;

2. Upon the fourth conviction, the culprit shall be sentenced to the penalty provided
for the last crime of which he be found guilty and to the additional penalty of prision mayor
in its minimum and medium periods; and

3. Upon a fifth or additional conviction, the culprit shall be sentenced to the penalty
provided for the last crime of which he be found guilty and to the additional penalty of
prision mayor in its maximum period to reclusion temporal in its minimum period.

Notwithstanding the provisions of this article, the total of the two penalties to be
imposed upon the offender, in conformity herewith, shall in no case exceed 30 years.

HD

A person shall be deemed to be habitual delinquent, if within a period of ten years

from the date of his release or last conviction of the crimes of serious or less serious
physical injuries, robo, hurto, estafa, or falsification, he is found guilty of any of said crimes
a third time or oftener.

Rules in application of Indivisble penalties

1. In all cases in which the law prescribes a single indivisible penalty, it shall be
applied by the courts regardless of any mitigating or aggravating circumstances that may
have attended the commission of the deed.

2. In all cases in which the law prescribes a penalty composed of two indivisible
penalties, the following rules shall be observed in the application thereof:

(a) When in the commission of the deed there is present only one aggravating
circumstance, the greater penalty shall be applied.

(b) When there are neither mitigating nor aggravating circumstances in the
commission of the deed, the lesser penalty shall be applied.

(c) When the commission of the act is attended by some mitigating circumstance
and there is no aggravating circumstance, the lesser penalty shall be applied.
 (e) When both mitigating and aggravating circumstances attended the
commission of the act, the courts shall reasonably allow them to offset one another in
consideration of their number and importance, for the purpose of applying the penalty in
accordance with the preceding rules, according to the result of such compensation.

Application of penalties with three periods

1. When there are neither aggravating nor mitigating circumstances, they shall impose
the penalty prescribed by law in its medium period.

2. When only a mitigating circumstance is present in the commission of the act,

they shall impose the penalty in its minimum period.

3. When only an aggravating circumstance is present in the commission of the

act, they shall impose the penalty in its maximum period.

4. When both mitigating and aggravating circumstances are present, the court
shall reasonably offset those of one class against the other according to their relative
weight.

5. When there are two or more mitigating circumstances and no aggravating

circumstances are present, the court shall impose the penalty next lower to that prescribed
by law, in the period that it may deem applicable, according to the number and nature of
such circumstances.

6. Whatever may be the number and nature of the aggravating circumstances,

the courts shall not impose a greater penalty than that prescribed by law, in its maximum
period.

7. Within the limits of each period, the courts shall determine the extent of the
penalty according to the number and nature of the aggravating and mitigating
circumstances and the greater or lesser extent of the evil produced by the crime.

Revised Penal Code. Art. 72. Preference in the payment of the civil liabilities. — The civil
liabilities of a person found guilty of two or more offenses shall be satisfied by following
the chronological order of the dates of the judgments rendered against him, beginning
with the first in order of time.

Revised Penal Code. Art. 73. Presumption in regard to the imposition of accessory
penalties. — Whenever the courts shall impose a penalty which, by provision of law, carries
with it other penalties, according to the provisions of Articles 40, 41, 42, 43 and 44 of this
Code, it must be understood that the accessory penalties are also imposed upon the
convict.

Revised Penal Code. Art. 74. Penalty higher than reclusion perpetua in certain cases. — In
cases in which the law prescribes a penalty higher than another given penalty, without
specially designating the name of the former, if such higher penalty should be that of
death, the same penalty and the accessory penalties of Article 40, shall be considered as
the next higher penalty.

Revised Penal Code. Art. 75. Increasing or reducing the penalty of fine by one or more
degrees. — Whenever it may be necessary to increase or reduce the penalty of fine by one
or more degrees, it shall be increased or reduced, respectively, for each degree, by one-
fourth of the maximum amount prescribed by law, without however, changing the
minimum.

The same rules shall be observed with regard of fines that do not consist of a fixed
amount, but are made proportional.

Revised Penal Code. Art. 76. Legal period of duration of divisible penalties. — The legal
period of duration of divisible penalties shall be considered as divided into three parts,
forming three periods, the minimum, the medium, and the maximum in the manner shown
in the following table:

TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME INCLUDED IN
EACH OF THEIR PERIODS

Penalties Time included in Time Time Time included

the penalty in its included in included in in its
entirety its minimum its medium maximum
period period
Reclusion temporal From 12 years From 12 From 14 From 17
and 1 day to 20 years and 1 years, 8 years, 4
years. day to 14 months and months and 1
years and 8 1 day to 17 day to 20
months. years and 4 years.
months.
Prision mayor,absolute From 6 years and From 6 years From 8 From 10
disqualification and 1 day to 12 years. and 1 day to years and 1 years and 1
special temporary 8 years. day to 10 day to 12
disqualification years. years.
Prision From 6 months From 6 From 2 From 4 years,
correccional,suspension and 1 day to 6 months and years, 4 2 months and
anddestierro years. 1 day to 2 months and 1 day to 6
years and 4 1 day to 4 years.
months. years and 2
months.
Arresto mayor From 1 month From 1 to 2 From 2 From 4
and 1 day to months. months and months and 1
months. 1 day to 4 day to 6
months. months.
Arresto menor From 1 to 30 From 1 to 10 From 11 to From 21 to
days. days. 20 days. 30 days.

How to compute for the time included in each period.

1. Substract the minimum from the maximum of the penalty.

2. Divide the difference by 3, if not divisible, convert to months then divide by 3.
3. Use the minimum of the penalty as the minimum of the minimum period. Add the
add the answer to number 2 and use that as the maximum of the minimum period.
4. Use the maximum of the minimum period to get the minimum of the medium
period. Again, add the answer to number 2 and use that as the maximum of the
medium period.
5. Use the maximum period of the minimum period as the minimum of the maximum
period. Finally, add again the answer to number and use that as the maximum of
the maximum period.
6. (always add one day when writing down the minimum period.)
Revised Penal Code. Art. 77. When the penalty is a complex one composed of three
distinct penalties. — In cases in which the law prescribes a penalty composed of three
distinct penalties, each one shall form a period; the lightest of them shall be the minimum
the next the medium, and the most severe the maximum period.

Whenever the penalty prescribed does not have one of the forms specially provided for in
this Code, the periods shall be distributed, applying by analogy the prescribed rules.

Revised Penal Code. Art. 78. When and how a penalty is to be executed. — No penalty
shall be executed except by virtue of a final judgment.

A penalty shall not be executed in any other form than that prescribed by law, nor with any
other circumstances or incidents than those expressly authorized thereby.

In addition to the provisions of the law, the special regulations prescribed for the
government of the institutions in which the penalties are to be suffered shall be observed
with regard to the character of the work to be performed, the time of its performance, and
other incidents connected therewith, the relations of the convicts among themselves and
other persons, the relief which they may receive, and their diet.

The regulations shall make provision for the separation of the sexes in different
institutions, or at least into different departments and also for the correction and reform of
the convicts.
Revised Penal Code. Art. 79. Suspension of the execution and service of the penalties in
case of insanity. — When a convict shall become insane or an imbecile after final sentence
has been pronounced, the execution of said sentence shall be suspended only with regard
to the personal penalty, the provisions of the second paragraph of circumstance number 1
of Article 12 being observed in the corresponding cases.

If at any time the convict shall recover his reason, his sentence shall be executed, unless
the penalty shall have prescribed in accordance with the provisions of this Code.

The respective provisions of this section shall also be observed if the insanity or imbecility
occurs while the convict is serving his sentence.

Indeterminate Sentence Law

It is a law that mandates that the courts must determine two penalties, a minimum
and a maximum. so that after serving the minimum, the convict may apply for parole. So
even if there are offenses that are only punished by a penalty that does not have a
minimum and a maximum, the court must determine that which is legally enforceable
maximum penalty and a legally enforceable minimum penalty to sentence the convict.

- Instead of imposing a “straight” penalty, the court must determine two penalties
(maximum and minimum)

I. PURPOSE

To uplift and redeem valuable human material, and prevent unnecessary and
excessive deprivation of liberty and economic usefulness. Penalties shall not be
standardized but fitted as far as is possible to the individual, with due regard to the
imperative necessity of protecting the social order (People v. Ducosin, 59 Phil 109).

II. COVERAGE

A. GENERAL RULE: All persons convicted of certain crimes under Philippine courts

B. EXCEPTIONS (Sec. 2): Law will NOT apply to persons

1. Convicted of offense punishable with death penalty or life imprisonment

 2. Whose maximum term of imprisonment (imposed) does not exceed one year
3. Convicted of treason, conspiracy or proposal to commit treason, misprision of
treason
4. Convicted of rebellion, sedition, espionage,
5. Convicted of piracy
6. Who are habitual delinquents
7. Who escaped confinement or evaded sentence or violated the terms of a
conditional pardon
8. Persons already sentenced by final judgment at the time this Act was approved
(Dec. 5, 1933)
III. APPLICATION

A. RPC: Min (next lower to prescribed) to Max (imposable)

1. DeriveMAXIMUM term imposable by applying rules for aggravating (AC)

and ordinary mitigating circumstances (MC) under Art. 64 and for complex
crimes under Art. 48

 No AC or MC: Penalty PRESCRIBED medium period

 1 AC, no MC: Penalty PRESCRIBED maximum period
 No AC, 1 MC: Penalty PRESCRIBED minimum period
 Several ACs and MCs: OFFSET then apply rules to remainder
 No AC, 2 or more MCs: Penalty NEXT LOWER IN DEGREE TO THAT PRESCRIBED
 If COMPLEX CRIME (2 or more grave or less grave felonies OR one offense is
a necessary means for committing the other): Penalty for the MOST SERIOUS
CRIME maximum period
2. Derive MINIMUM term by getting the penalty one degree lower than the penalty
prescribed by the RPC, without regard to its three periods. The court has discretion to
fix as the minimum term any period of imprisonment within that penalty next lower to
the penalty prescribed

EXCEPTION: WHEN THERE IS A PRIVILEGED MITIGATING CIRCUMSTANCE, do NOT

follow the
aforementioned rule. Consider the privileged mitigating circumstance FIRST before
any AC or MC to get the PENALTY PRESCRIBED and then proceed as required by the
rule on deriving the minimum term. Otherwise, the maximum of the ISL will end up
being lower than the minimum of the ISL.

B. SPL: Min (at least that prescribed) to Max (not exceed prescribed)
 1. MAXIMUM TERM: Court may fix any as long as it does not exceed the penalty prescribed by the
special law
2. MINIMUM TERM: Court has discretion so long as it does not exceed the minimum prescribed
by the special law

Application of Penalties – Case Digests (from ADAPT)

People vs. Ducosin

Facts: Valeriano Ducosin was convicted of the crime of frustrated murder of Rafael Yanguas, punishable by
one degree lower than the prescribed penalty for murder, which is reclusion temporal in its maximum
period to death (lowered to prision mayor in its maximum period to reclusion temporal in medium period).
The plea of guilty was appreciated as a mitigating circumstance, which lowered the penalty to its minimum
period. Therefore the range of the penalty was ten years and one day to twelve years of imprisonment,
leaving to the discretion of the court the precise time to be served within range. The Supreme Court shall
revise the penalty by applying Act 4103, the Indeterminate Sentence Law, which will prescribe a minimum
and maximum penalty.

Issue: Applying the Indeterminate Sentence Law, what should be the penalty? In other words, what
should be the maximum and the minimum?

Held: The maximum penalty imposed was ten years and one day to twelve years and the minimum was
seven years. After serving the minimum sentence, the Board of Indeterminate Sentence should consider
giving him parole.

Ratio: According to section 1 of Act 4103, ―the Court shall order the accused to be imprisoned… to such a
maximum as may, in view of attending circumstances, be properly imposed under the present rules of the
said [Revised Penal] Code, to a minimum term which shall not be less than the minimum imprisonment
period of the penalty next lower to that prescribed by the code for the said offense. Given that frustrated
murder, with the extenuating circumstance of guilty plea, should be punished by one degree lower than
murder, and in its minimum period, the maximum imprisonment period should be within the range of that
penalty (prision mayor in its maximum period or years and one day to twelve years). The minimum period
should be within the range of the penalty immediately lower than prision mayor in its maximum period
(prision mayor in its medium period, four years, two months and one day to ten years.
Judgment modified.

People vs. Formigones

Facts: In the month of Nov. 1946, Abelardo was living on his farm in Camarines Sur w/ his wife, Julia
Agricola & their 5 children. From there they transferred in the house of his half-brother, Zacarias
Formigones in the same municipality to find employment as harvesters of palay. After a month, Julia was
sitting at the head of the stairs of the house when Abelardo, w/o previous quarrel or provocation
whatsoever, took his bolo from the wall of the house & stabbed his wife Julia, in the back, the blade
penetrating the right lung & causing a severe hemorrhage resulting in her death. Abelardo then took his
dead wife & laid her on the floor of the living room & then lay down beside her. In this position, he was
found by the people who came in response to the shouts made by his eldest daughter, Irene Formigones.
The motive was admittedly that of jealousy because according to his statement, he used to have quarrels
with his wife for reason that he often saw her in the company of his brother, Zacarias; that he suspected
the 2 were maintaining illicit relations because he noticed that his wife had become indifferent to him.
During the preliminary investigation, the accused pleaded guilty. At the case in the CFI, he also pleaded
guilty but didn‘t testify. His counsel presented the testimony of 2 guards of the provincial jail where
Abelardo was confined to the effect that his conduct was rather strange & that he behaved like an insane
person, at times he would remain silent, walk around stark naked, refuse to take a bath & wash his clothes
etc... The appeal is based merely on the theory that the appellant is an IMBECILE & therefore exempt from
criminal liability under RPC A12.

Issue: WON Abelardo is an imbecile at the time of the commission of the crime, thus exempted from
criminal liability

Held: No. He is not an imbecile. According Dr. Francisco Gomes, although he was feebleminded, he is not
an imbecile as he could still distinguish between right & wrong & even feel remorse. In order that a person
could be regarded as an imbecile w/in the meaning of RPC A12 so as to be exempt from criminal liability,
he must be deprived completely of reason or discernment & freedom of will at the time of committing the
crime. (Note that definition is same as insanity)
As to the strange behavior of the accused during his confinement, assuming it was not feigned to stimulate
insanity, it may be attributed either to his being feebleminded or eccentric, or to a morbid mental condition
produced by remorse at having killed his wife. A man who could feel the pangs of jealousy & take violent
measures to the extent of killing his wife who he suspected of being unfaithful to him, in the belief that in
doing so, he was vindicating his honor, could hardly be regarded as an imbecile. WON the suspicions were
justified, is of little or no importance. The fact is that he believed her faithless. Furthermore, in his written
statement, he readily admitted that he killed his wife, & at the trial he made no effort to deny of repudiate
said written statements, thus saving the government all the trouble & expense of catching him & securing
his conviction.
But 2 mitigating circumstances are present: passion or obfuscation (having killed his wife in a jealous rage)
& feeblemindedness.

Judgment: In conclusion, appellant is found guilty of parricide & the lower court‘s judgment is hereby
affirmed w/ the modification that appellant will be credited with half of any preventive imprisonment he
has undergone (because of the 2 mitigating circumstances)

People vs. Simon

Facts: Oct. 22, 1988, Pampanga. Martin Simon was convicted of violating RA 6425 AII §4 (Dangerous
Drugs Act of 1972) through a NARCOM poser-buyer. It was appealed for reversal alleging it was a frame-
up (testimonies & evidence proved otherwise) & evidence was inadmissible (held, because there was no
counsel).

Issue: WON correct penalty applied?

Held: No. Conviction modified. There was overlapping error in the law thus the SC had to harmonize
conflicting provisions by providing for degrees of graduation. Rule: degrees applied depending on quantity
then apply mitigating or aggravating circumstance. Least penalty should be prision correccional so as not
to depreciate seriousness of crime. Justified in applying RPC provisions because law adopted penalties
under RPC in their technical terms thus significations and effects will also apply. It rules in people v. Tsang
Hin Wai that when special law grants discretion to SC to apply penalties, Code won‘t be held. Otherwise,
SC should be guided by rules in RPC that being the expert in criminal law administration.

CICL – Children in Conflict with the Law

Republic Act No. 9344            

AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM, CREATING THE
JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF JUSTICE, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES

Section 4. Definition of Terms. - The following terms as used in this Act shall be defined as follows:

(c) "Child" refers to a person under the age of eighteen (18) years.

(e) "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as, having
committed an offense under Philippine laws.

DIGEST – Declarador vs Gubaton - Missing

Revised Penal Code. Art. 80. Suspension of sentence of minor delinquents. — Whenever a minor of either
sex, under sixteen years of age at the date of the commission of a grave or less grave felony, is accused
thereof, the court, after hearing the evidence in the proper proceedings, instead of pronouncing judgment
of conviction, shall suspend all further proceedings and shall commit such minor to the custody or care of
a public or private, benevolent or charitable institution, established under the law of the care, correction or
education of orphaned, homeless, defective, and delinquent children, or to the custody or care of any
other responsible person in any other place subject to visitation and supervision by the Director of Public
Welfare or any of his agents or representatives, if there be any, or otherwise by the superintendent of
public schools or his representatives, subject to such conditions as are prescribed hereinbelow until such
minor shall have reached his majority age or for such less period as the court may deem proper.

The court, in committing said minor as provided above, shall take into consideration the religion of such
minor, his parents or next of kin, in order to avoid his commitment to any private institution not under the
control and supervision of the religious sect or denomination to which they belong.

The Director of Public Welfare or his duly authorized representatives or agents, the superintendent of
public schools or his representatives, or the person to whose custody or care the minor has been
committed, shall submit to the court every four months and as often as required in special cases, a written
report on the good or bad conduct of said minor and the moral and intellectual progress made by him.

The suspension of the proceedings against a minor may be extended or shortened by the court on the
recommendation of the Director of Public Welfare or his authorized representative or agents, or the
superintendent of public schools or his representatives, according as to whether the conduct of such minor
has been good or not and whether he has complied with the conditions imposed upon him, or not. The
provisions of the first paragraph of this article shall not, however, be affected by those contained herein.

If the minor has been committed to the custody or care of any of the institutions mentioned in the first
paragraph of this article, with the approval of the Director of Public Welfare and subject to such conditions
as this official in accordance with law may deem proper to impose, such minor may be allowed to stay
elsewhere under the care of a responsible person.

If the minor has behaved properly and has complied with the conditions imposed upon him during his
confinement, in accordance with the provisions of this article, he shall be returned to the court in order
that the same may order his final release.
In case the minor fails to behave properly or to comply with the regulations of the institution to which he
has been committed or with the conditions imposed upon him when he was committed to the care of a
responsible person, or in case he should be found incorrigible or his continued stay in such institution
should be inadvisable, he shall be returned to the court in order that the same may render the judgment
corresponding to the crime committed by him.

The expenses for the maintenance of a minor delinquent confined in the institution to which he has been
committed, shall be borne totally or partially by his parents or relatives or those persons liable to support
him, if they are able to do so, in the discretion of the court; Provided, That in case his parents or relatives
or those persons liable to support him have not been ordered to pay said expenses or are found indigent
and cannot pay said expenses, the municipality in which the offense was committed shall pay one-third of
said expenses; the province to which the municipality belongs shall pay one-third; and the remaining one-
third shall be borne by the National Government: Provided, however, That whenever the Secretary of
Finance certifies that a municipality is not able to pay its share in the expenses above mentioned, such
share which is not paid by said municipality shall be borne by the National Government. Chartered cities
shall pay two-thirds of said expenses; and in case a chartered city cannot pay said expenses, the internal
revenue allotments which may be due to said city shall be withheld and applied in settlement of said
indebtedness in accordance with section five hundred and eighty-eight of the Administrative Code.

Death Penalty

Check out RA 9344 and RA 7659. Too long for here.

NOTE: from what I remember from Barry’s class, he doesn’t like death penalty.

People vs Echagaray
Facts:
Echegaray was convicted of raping his 10-year old daughter in 1996. He was sentenced to death. He
appealed, stating the ff reasons:
1) mixed factual and legal matters:
a) he was already pardoned by the offended party and her mother
b) dates of commission of crimes was unclear, resulted to inadequate defense
c) guilt not proved beyond reasonable doubt
d) he was not the father of the offended party, therefore death was not the proper sentence
e) trial court was biased and unfair
2) incompetent counsel
3) RA 7659 is unconstitutional per se:
a) offense didn‘t result to death
b) death penalty is cruel and unusual
Criteria for death penalty:
1. Congress should so provide such reimposition of the death penalty;
2. There are compelling reasons; and
3. These involve heinous crimes.
Heinous crime: An act or series of acts which, by the flagrantly violent manner in which the same was
committed or by the reason of its inherent viciousness, shows a patent disregard and mockery of the law,
public peace and order, or public morals. It is an offense whose essential and inherent viciousness and
atrocity are repugnant and outrageous to a civilized society and hence, shock the moral self of a people.

Issues:
1) W/N the death penalty is imposed without compelling reasons
2) W/N the death penalty imposed in rape is violative of the constitutional proscription against cruel,
degrading or inhuman punishment
3) W/N the death penalty is a cruel, inhuman or degrading punishment for the crime of rape mainly
because the latter, unlike murder, does not involve the taking of life.

Held/Ratio:
1) NO.
The right of a person is not only to live but to live a quality life, and this means that the rest of society is
obligated to respect his or her individual personality, the integrity and the sanctity of his or her own
physical body, and the value he or she puts in his or her own spiritual, psychological, material and social
preferences and needs.
We believe, however, that the elements of heinousness and compulsion are inseparable and are, in fact,
interspersed with each other. Because the subject crimes are either so revolting and debasing as to violate
the most minimum of the human standards of decency or its effects, repercussions, implications and
consequences so destructive, destabilizing, debilitating, or aggravating in the context of our socio-political
and economic agenda as a developing nation, these crimes must be frustrated, curtailed and altogether
eradicated. There can be no ifs or buts in the face of evil, and we cannot afford to wait until we rub
elbows with it before grasping it by the ears and thrashing it to its demission.
2) NO.
Art III Section 19. (1) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment
inflicted. Neither shall death penalty be imposed, unless, for compelling reasons involving heinous crimes,
the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to reclusion
perpetua.
Furman, thus, did not outlaw the death penalty because it was cruel and unusual per se. While the U.S.
Supreme Court nullified all discretionary death penalty statutes in Furman, it did so because the discretion
which these statutes vested in the trial judges and sentencing juries was uncontrolled and without any
parameters, guidelines, or standards intended to lessen, if not altogether eliminate, the intervention of
personal biases, prejudices and discriminatory acts on the part of the trial judges and sentencing juries.
Consequently, in the aftermath of Furman, when most of the states re-enacted their death penalty statutes
now bearing the procedural checks that were required by the U.S. Supreme Court, said court affirmed the
constitutionality of the new death penalty statutes in the cases of Gregg v. Georgia, Jurek v. Texas, and
Profitt v. Florida.
3) NO.
Such a premise is in fact an ennobling of the biblical notion of retributive justice of "an eye for an eye, a
tooth for a tooth".
The death penalty is imposed in heinous crimes because the perpetrators thereof have committed
unforgivably execrable acts that have so deeply dehumanized a person or criminal acts with severely
destructive effects on the national efforts to lift the masses from abject poverty through organized
governmental strategies based on a disciplined and honest citizenry, and because they have so caused
irreparable and substantial injury to both their victim and the society and a repetition of their acts would
pose actual threat to the safety of individuals and the survival of government, they must be permanently
prevented from doing so.
Short of homicide, it is the 'ultimate violation of self.'

Revised Penal Code. Art. 81. When and how the death penalty is to be executed. — The death sentence
shall be executed with reference to any other and shall consist in putting the person under sentence to
death by electrocution. The death sentence shall be executed under the authority of the Director of
Prisons, endeavoring so far as possible to mitigate the sufferings of the person under sentence during
electrocution as well as during the proceedings prior to the execution.

If the person under sentence so desires, he shall be anaesthetized at the moment of the electrocution.
Revised Penal Code. Art. 82. Notification and execution of the sentence and assistance to the culprit. —
The court shall designate a working day for the execution but not the hour thereof; and such designation
shall not be communicated to the offender before sunrise of said day, and the execution shall not take
place until after the expiration of at least eight hours following the notification, but before sunset. During
the interval between the notification and the execution, the culprit shall, in so far as possible, be furnished
such assistance as he may request in order to be attended in his last moments by priests or ministers of
the religion he professes and to consult lawyers, as well as in order to make a will and confer with
members of his family or persons in charge of the management of his business, of the administration of
his property, or of the care of his descendants.

Missing Digests:

CALLINS vs. COLLINS

STATE vs. MAKWANYANE

Revised Penal Code. Art. 83. Suspension of the execution of the death sentence. — The death sentence
shall not be inflicted upon a woman within the three years next following the date of the sentence or while
she is pregnant, nor upon any person over seventy years of age. In this last case, the death sentence shall
be commuted to the penalty of reclusion perpetua with the accessory penalties provided in Article 40.

Revised Penal Code. Art. 84. Place of execution and persons who may witness the same. — The execution
shall take place in the penitentiary of Bilibid in a space closed to the public view and shall be witnessed
only by the priests assisting the offender and by his lawyers, and by his relatives, not exceeding six, if he
so request, by the physician and the necessary personnel of the penal establishment, and by such persons
as the Director of Prisons may authorize.

Revised Penal Code. Art. 85. Provisions relative to the corpse of the person executed and its burial. —
Unless claimed by his family, the corpse of the culprit shall, upon the completion of the legal proceedings
subsequent to the execution, be turned over to the institute of learning or scientific research first applying
for it, for the purpose of study and investigation, provided that such institute shall take charge of the
decent burial of the remains. Otherwise, the Director of Prisons shall order the burial of the body of the
culprit at government expense, granting permission to be present thereat to the members of the family of
the culprit and the friends of the latter. In no case shall the burial of the body of a person sentenced to
death be held with pomp.

Revised Penal Code. Art. 86. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional
and arresto mayor. — The penalties of reclusion perpetua, reclusion temporal, prision mayor, prision
correccional and arresto mayor, shall be executed and served in the places and penal establishments
provided by the Administrative Code in force or which may be provided by law in the future.

Revised Penal Code. Art. 87. Destierro. — 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, which shall be
not more than 250 and not less than 25 kilometers from the place designated.

Revised Penal Code. Art. 88. Arresto menor. — The penalty of arresto menor shall be served in the
municipal jail, or in the house of the defendant himself under the surveillance of an officer of the law,
when the court so provides in its decision, taking into consideration the health of the offender and other
reasons which may seem satisfactory to it.
REVIEWER ON PENALTIES

(48) COMPLEX CRIMES. When a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary
means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum
period.
 Constitutes only one crime in the eyes of the law as well as in the conscience of the offender. The offender has only one criminal
intent.
 COMPOUND CRIME - When a single act constitutes two or more grave or less grave felonies
1. That only a SINGLE ACT is performed by the offender
2. That the single acts produces (a) 2 or more grave felonies, or (b) one or more grave and one or more less grave felonies,
or (c) two or more less grave felonies
 COMPLEX CRIME PROPER - When an offense is a necessary means for committing the other.
1. That at least two offenses are committed
2. That one or some of the offenses must be necessary (but not indispensable) to commit the other
3. That both or all the offenses must be punished under the same statute.
(49) UPON PRINCIPLES FOR ERROR IN PERSONAE. In cases in which the felony committed is different from that which the offender
intended to commit, the following rules shall be observed:
1. If the penalty prescribed for the felony committed be higher than that corresponding to the offense which the accused intended to
commit, the penalty corresponding to the latter shall be imposed in its maximum period.
2. If the penalty prescribed for the felony committed be lower than that corresponding to the one which the accused intended to
commit, the penalty for the former shall be imposed in its maximum period.
3. The rule established by the next preceding paragraph shall not be applicable if the acts committed by the guilty person shall also
constitute an attempt or frustration of another crime, if the law prescribes a higher penalty for either of the latter offenses, in which
case the penalty provided for the attempted or the frustrated crime shall be imposed in its maximum period.
(26) FINES. A fine, whether imposed as a single of as an alternative penalty, shall be considered (amended by R.A. 10951):
Afflictive – over P1.2 million
Correccional – P40,000 to P1.2 million
Light – P40,000

 (50-57)
Consummated Frustrated Attempted
LOWERING PENALTIES
Principles 0 1 2
Accomplices 1 2 3

Accessories 2 3 4

(60) EXCEPTION: Provisions under 50 to 57 shall not be applicable when the law expressly prescribes the penalty provided for
a frustrated or attempted felony, or to be imposed upon accomplices or accessories.

PENALTY SCALES INHERENT ACCESSORY PENALTIES

(25) CLASSES (70) SEVERITY (71) GRADUATING (40-44)
Principal Penalties Successive service of In the case in which the law 1. Death — when it is not executed by
Capital punishment: sentence, (when nature of prescribed a penalty lower or reason of commutation or pardon:
 Death. penalties does not permit higher by one or more degrees perpetual absolute disqualification,
Afflictive penalties: simultaneous service) than another given penalty, the and civil interdiction during 30 years
 Reclusion perpetua rules prescribed in Article 61 following the date sentence, unless
 Reclusion temporal 1. Death shall be observed in graduating expressly remitted in the pardon
 Perpetual or temporary 2. Reclusion perpetua such penalty.
absolute 3. Reclusion temporal 2. Reclusion perpetua & reclusion
disqualification 4. Prision mayor SCALE NO. 1 temporal — civil interdiction for life or
 Perpetual or temporary 5. Prision correccional 1. Death during the period of the sentence, and
special disqualification 6. Arresto mayor 2. Reclusion perpetua perpetual absolute disqualification
 Prision mayor 7. Arresto menor 3. Reclusion temporal which the offender shall suffer even
Correctional penalties: 8. Destierro 4. Prision mayor though pardoned as to the principal
 Prision correccional 9. Perpetual absolute 5. Prision correccional penalty, unless expressly remitted in
 Arresto mayor disqualification 6. Arresto mayor the pardon
 Suspension 10 Temporal absolute 7. Destierro
 Destierro disqualification 8. Arresto menor 3. Prision mayor — temporary
Light penalties: 11. Suspension from public 9. Public censure absolute disqualification, and
 Arresto menor office, the right to vote and 10. Fine perpetual special disqualification from
 Public censure be voted for, the right to the right of suffrage which the
Common to 3 preceding: follow a profession or calling SCALE NO. 2 offender shall suffer although
 Fine 12. Public censure 1. Perpetual absolute pardoned as to the principal penalty,
  Bond to keep the disqualification unless expressly remitted in the
peace Max. duration of sentence 2. Temporal absolute pardon.
shall not be more than disqualification
Accessory Penalties THREE-FOLD the length of 3. Suspension from public 4. Prision correccional — suspension
 Perpetual or temporary time corresponding to the office, the right to vote and be from public office, from the right to
absolute most severe of the penalties voted for, the right to follow a follow a profession or calling, and
disqualification imposed upon him. No other profession or calling perpetual special disqualification from
 Perpetual or temporary penalty to which he may be 4. Public censure the right of suffrage, if the duration of
special disqualification liable shall be inflicted after 5. Fine said imprisonment shall exceed 18
 Suspension from public the sum total of those months, although pardoned as to the
office, the right to vote imposed equals the same principal penalty, unless expressly
and be voted for, the maximum period. Such remitted in the pardon.
profession or calling maximum period shall in no
 Civil interdiction case exceed 40 years. 5. Arresto — suspension of the right
 Indemnification too hold office and the right of
 Forfeiture or suffrage during the term of the
confiscation of sentence
instruments and
proceeds of the offense
 Payment of costs

GRADUATING PENALTIES
(76) (63-64) RULES
(71) SCALE (61) RULES RELATING TO ART. 50-57 (62) RULES - AG/MI/HD
PERIODS CONT. (13) OFFSETTING
1. When SINGLE & INDIVISIBLE, the 1-2. AGGRAVATING TWO 1. Ordinary
Death penalty next lower in degrees shall be INHERENT shall not be INDIVISIBLES: Mitigating
Reclusion that immediately following the taken into account for the 1. 1 AG  greater  1-10 of art. 13
Perpetua penalty purpose of increasing the 2. NEITHER A/M   Can be offset
2. When composed of 2 penalty lesser by any
INDIVISIBLES, or 1 or more 3. 3. MI + NO AG  aggravating
DIVISIBLE to be imposed to their full AGGRAVATING/MITIGATIN lesser  If not offset,
extent, the penalty next lower in G arising from the moral 4. BOTH AG and MI produces only
degree shall be that immediately attributes of offender, or  the court may the effect of
following the lesser of the penalties relations with the offended offset one another applying
3. When composed of 1 or 2 party, or any other personal in consideration of penalty in its
 INDIVISIBLES and the MAX. PERIOD cause, shall only serve to their number and
OF ANOTHER DIVISIBLE, the penalty aggravate or mitigate the importance 
max next lower in degree shall be liability of that principal, FOR DIVISIBLE:
Reclusion
med composed of the medium and accomplice or accessory 1. NEITHER A/M -
Temporal
min minimum periods of the proper 4. The circumstances which penalty prescribed
max divisible penalty and the maximum consist in the material in its med
Prision periods of the proper divisible penalty execution of the act, or in 2. ONLY MI -
med
Mayor and the maximum period of that the means employed to penalty in its min
min
max immediately following accomplish it, shall serve to 3. ONLY AG -
Prision 4. When composed of SEVERAL aggravate or mitigate the penalty in its max
med
Correccional  PERIODS, corresponding to liability of those persons 4. BOTH A/M -
min
max DIFFERENT DIVISIBLES, the penalty only who had knowledge of court shall
 Arresto next lower in degree shall be them at the time of the reasonably offset
med
Mayor composed of the period immediately execution of the act or their those of one class
min
following the minimum prescribed cooperation therein. against the other
max
and of the two following, which shall 5. HABITUAL 5. 2+ MI and NO
Destierro  med
be taken from the penalty prescribed, DELINQUENCY AG - degree next
min
if possible; otherwise from the (a) 3rd conviction: for the lower, in the period minimum
max penalty immediately following last crime found guilty and that it may deem period
5. When the law prescribes a penalty prision correccional in its applicable 2. Privileged
for a crime in some manner not med & max. 6. AG  courts Mitigating
med especially provided for in the four (b) 4th conviction: for the shall not impose a  Art. 68, 69,
preceding rules, the courts, last crime found guilty and greater penalty than 64(5)
proceeding by analogy, shall impose prision mayor in its min & that prescribed by  Cannot be
corresponding penalties upon those med law offset by
 Arresto guilty as principals of the frustrated (c) 5th conviction: for the 7. Within limits of aggravating
Menor felony, or of attempt to commit the last crime found guilty and each period, the  Produces effect
same, and upon accomplices and to prision mayor in its max court shall of imposing
min accessories.  to reclusion temporal in its determine the penalty lower
min extent of the by one or two
*Total of the 2 penalties penalty (considering degrees that
shall in no case exceed 30 aggravating & provided by
years.  mitigating law
circumstances)  Only applicable
 ENTIRE PERIOD MINIMUM MEDIUM MAXIMUM
Reclusion Temporal 12 yrs and 1 day to 20 12 yrs and 1 day to 14 14 yrs, 8 mos and 1 day 17 yrs and 4 mos and 1
yrs yrs and 8 mos to 17 yrs and 4 mos day to 20 yrs
Prision Mayor, Absolute 6 yrs and 1 day to 12 yrs 6 yrs and 1 day to 8 yrs 8 rs and 1 day to 10 yrs 10 yrs and 1 day to 12
and Temp. yrs
Disqualification
Prision Correccional, 6 mos and 1 day to 6 yrs 6 mos and 1 day to 2 yrs 2 yrs, 4 mos and 1 day 4 yrs, 2 mos and 1 day
suspension and destierro and 4 mos to 4 yrs and 2 mos to 6 yrs
Arresto Mayor 1 month and 1 day to 6 1 to 2 months 2 mos and 1 day to 4 4 mos and 1 day to 6
months mos mos
Arresto Menor 1 to 30 days 1 to 10 days 11 to 20 days 21 to 30 days
(27) DURATION (30-35) EFFECTS (28) COMPUTATION (29) PREVENTIVE
Reclusion Temporal: 12 1. PAD/TAD for public officials: deprivation If the offender shall be in General Rule:
years and 1 day to 20 of public offices; right to vote or be prison, the term of the Offenders who have
years. elected, disqualification for offices & rights duration of the temporary undergone preventive
Prision mayor & temp. mentioned, and loss of right to retirement penalties shall be computed imprisonment shall be
disqualification: 6 years pay or pension from office from the day on which the credited in the service of
and 1 day to 12 years, 2. PSD/TSD for public office, profession, judgment of conviction shall their sentence consisting of
except when the latter is calling: deprivation from such, and have become final. deprivation of liberty, with
imposed as an accessory disqualification from holding similar office full time they underwent
penalty 3. PSD/TSD for suffrage: deprivation of If the offender be not in such, if the prisoner agrees
Prision correccional, right to vote or be elected, and cannot prison, the term of the voluntarily in writing to
suspension, & destierro: hold any public office during period of duration of the penalty abide by disciplinary rules (if
6 months and 1 day to 6 disqualification consisting deprivation of he doesn’t, only 4/5
years, except when 4. Suspension (o/p/c): disqualification from liberty shall be computed from counted)
suspension is imposed as office or profession, and if public office, the day that the offender is Exceptions:
an accessory penalty from similar office placed at the disposal of the 1. Recidivists/been
Arresto mayor: 1 month 5. Civil Interdiction: deprivation of parental judicial authorities for the convicted prev. twice or
and 1 day to 6 months. and marital authority, and deprivation of enforcement of the penalty. more times of any crime
Arresto menor: 1 day to right to manage/dispose property 2. When upon being
30 days. 6. Bond to Keep Peace: present 2 sureties The duration of the other summoned for the execution
Bond to keep the peace: to not commit offense, and if committed, penalties shall be computed of their sentence they have
period up to the court’s payment of amount determined by court in only from the day on which the failed to surrender
discretion the judgement, or deposit such in the defendant commences to serve voluntarily.
office of the clerk of the court his sentence.
(58) ADDITIONAL TO ACCESSORIES. Those accessories falling within the terms of paragraph 3 of Article 19 who should act with
abuse of their public functions, shall suffer the additional penalty of PAD if the principal offender shall be guilty of a grave felony, and
that of TAD if he shall be guilty of a less grave felony.
Art. 19, par. 3: Harboring, concealing, or assisting in the escape of the principals of the crime, provided the accessory acts with
abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life
of the Chief Executive, or is known to be habitually guilty of some other crime.
(59) IMPOSSIBLE CRIME. When the person intending to commit an offense has already performed the acts for the execution of the
same but nevertheless the crime was not produced by reason of the fact that the act intended was an impossible crime, the court,
having in mind the social danger and degree of criminality shown by the offender, shall impose upon him the penalty of arresto
mayor or a fine from 200 to 500 pesos.